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HomeMy WebLinkAboutWZ-16-082017040946 4/19/201712:18 PM PGS 4 $28.00 DF $0.00 Electronically Recorded Jefferson County, CO Faye Griffin, Clerk and Recorder TD1000 N CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DAVIS COUNCIL BILL NO. 03 ORDINANCE NO. 1619 Series of 2017 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4255 YARROW STREET FROM RESIDENTIAL - TWO (R-2) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-16-08/ENVIROFINANCE GROUP) 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, EnviroFinance Group, LLC 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 4255 Yarrow Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan – Envision Wheat Ridge — which calls for the redevelopment of and reinvestment in underutilized properties; and, WHEREAS, The City of Wheat Ridge has adopted the Wadsworth Corridor Plan which designates the property as Medium High Density Residential; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 16, 2017 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 EnviroFinance Group, LLC for approval of a zone change ordinance from Residential –Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4255 Yarrow Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL A: THAT PART OF THE NEORTHWEST'/4 OF THE NORTHEAST'/4 OF THE SOUTHWEST'/4 SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH BEARS NORTH [00'15 '281 EAST, 160 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST'/4 ON THE WEST LINE THEREOF; THENCE NORTH ALONG THE EAST LINE OF SAID NORTHEWEST % DISTANCE OF [2341 FEET; THENCE EAST PARALLEL TO THE SOUTH BOUNDARY OF SAID NORTHWEST'/4 TO THE WEST BOUNDARY LINE YARROW STREET AS DESCRIBED IN INSTRUMENT RECORDED DECEMBER 4, 1961 IN BOOK [1429] AT PAGE [526], JEFFERSON COUNTY RECORDS; THENCE SOUTH [00 '17' '44'] WEST ALONG THE WEST LINE OF YARROW STREET TO A POINT [15] FEET NORTH OF THE SOUTH BOUNDARY LINE OF SAID NORTHWEST 1/4; THENCE TO THE RIGHT ALONG THE ARC OF A CURVE, HAVING A RADIUS OF [15] FEET, A DISTANCE OF [23.56] FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST [1/4]; THENCE NORTH [89 "47 ' 19"] WEST ALONG THE SOUTH LINE OF SAID NORTHWEST'/, A ISTANCE OF [260.72 FEET; THENCE NORTH PARALLEL TO THE WEST BOUNDARY LINE OF SAID NORTHWEST'/, A DISTANCE OF [160] FEET; THENCE WEST AND PARALLEL TO THE SOUTHERLY LINE OF SAID NORTHWEST'/4 A DISTANCE OF [358] FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL B: ACCESS AND EASEMENT MAINTENANCE EASEMENTS AS GRANTED AND SET FORTH IN THE WARRANTY DEED RECORDED [AUGUST 26, 1976] IN BOOK [2894] AT PAGE [513]. SUBJECT TO ALL RIGHTS OF WAY AND EASEMENTS OF RECORD. PARCEL C: THAT PART OF THE NEORTHWEST'/4 OF THE NORTHEAST'/4 OF THE SOUTHWEST'/4 SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST Y4 AND FOLLOWING THE WEST LINE THEREOF NORTH [0"15'28] EAST A DISTANCE OF [394.00] FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE RECORDED AUGUST 26, 19761N BOOK [2894] AT PAGE [513], SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE CHARLES GRAUL JR. MINOR SUBDIVISION; THENCE SOUTH [89 " 47 " 19"] EAST ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED AUGUST 26, 19761N BOOK [2894] AT PAGE [513] A DISTANCE OF [104.15] FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID PARCEL SOUTH [89 " 47 ' 19'] EAST A DISTANCE OF [529.99] FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF YARROW STREET; THENCE FOLLOWING THE WEST RIGHT OF WAY LINE OF YARROW STREET NORTH [0 "17' 44"] EAST A DISTANCE OF [7.10] FEET TO THE SOUTHEAST CORNER OF THE CHARLES GRAUL JR. MINOR SUBDIVISION; THENCE FOLLOWING THE SOUTH LINE OF THE CHARLES GRAUL JR. MINOR SUBDIVISION NORTH [89 " 47'52'1 WEST A DISTANCE OF [530.0] FEET; THENCE SOUTH [ 0 " 15 ' 28 `] WEST A DSITANCE OF [7.02] FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF JEFFERSON, STATE OF COLORADO PARCEL D: NON-EXCLUSIVE EASEMENT FOR SEWER LINE AS GRANTED AND SET FORTH IN EASEMENT AGREEMENT RECORDED MAY 18, 2009 UNDER RECEPTION NO. 2009044993. Section 2. Additional Conditions The following additional conditions are hereby applied to the zone change hereby approved - 1 . pproved: 1. Additional traffic information shall be submitted at the time of administrative site plan review to determine whether the installation of a traffic signal at the corner of 44th and Yarrow is warranted. If it is warranted, the applicant will be responsible for the proportional share of the cost of such signal installation. 2. The City shall continue working with the applicant regarding interface with Happiness Gardens. 3. The City shall continue to work on the review of possible additional access points from the streets into the development. Section 3. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 4. 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 5. 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 6 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 5 to 0 on this 13th day of March 2017, ordered it published with Public Hearing and consideration on final passage set for Monday, April 10, 2017 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 10th day of April 2017. SIGNED by the Mayor on this 10th day of April 2017. J00LOR w E4�GEALPDa J 40 J y, ATTEST- g�'�- -2ji-d- I A-& � -, � elle Shaver, City Clerk Approypad-ps, to FQrm Ge d Dahl, City Attorney 1St publication: March 16, 2017 2nd publication: April 13, 2017 Wheat Ridge Transcript: Effective Date: April 28, 2017 City of Wle heat dge �MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. April 21, 2017 Kevin Byerly JDB, LLC PO Box 40875 Denver, CO 80204 Dear Mr. Byerly: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of February 16, 2017, Planning Commission recommended APPROVAL of Case No. WZ-16-08, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4255 Yarrow Street, for the following reasons: 1. The proposed zone change will promote the public health, safety or welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and the Wadsworth Subarea Plan. 3. The zone change will promote redevelopment and revitalization of the property and my serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteria used to evaluate a zone change support the request. With the following condition: 1. Additional traffic information be submitted at the time of administrative site plan review to determine whether the installation of a traffic signal at the corner of 44`i' and Yarrow is warranted. If it is warranted, the applicant will be responsible for the proportional share of the cost of such signal installation. At its meeting of April 10, 2017, City Council APPROVED Case No. WZ-16-08, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4255 Yarrow Street, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested zoning has been reviewed by Planning Commission, which has forwarded its recommendation for 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. With the following conditions: 1. Additional traffic information be submitted at site plan review, including consideration of a www.ci.wheatridge.co.us traffic signal at 44h Avenue and Yarrow Street. 2. The City continue working with the applicant regarding interface with Happiness Gardens. 3. The City continue to work on the review of possible additional access points from the streets into the development. 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: Planning Commission Minutes Draft of City Council Minutes cc: Sarah Laverty, EnviroFinance Group, LLC WZ-16-08 (case file) WZ 1608.doc 1. Council Bill 03-2017 — An Ordinance approving the rezoning of property located at 4255 Yarrow Street from Residential -Two (R-2) to Mixed Use Neighborhood (MU - N) (Case No. WZ-16-08/Envirofinance Group) The purpose of the rezoning is to modify and expand the list of permitted uses and to simplify the review and approval process for future development on the property. Councilmember Davis introduced Council Bill 03-2017. City Clerk Shaver assigned Ordinance No. 1619. Mayor Jay opened the public hearing and swore in the speakers. Staff presentation Meredith Reckert entered into the record the comprehensive plan, the zoning ordinance, the case file and packet materials, and the contents of the digital presentation. She testified that all posting and notification requirements had been met. Existing conditions and request • Rezoning to MU -N will modify the list of uses, and modify the review process. • The property is 4.52 acres and contains greenhouses built in the 1940's. • The property is contaminated due to prior uses and will have to be remediated. • The property is surrounded by R-2 zoning that is predominately single family, with C-1 to the north (including commercial, medical office and a new assisted living facility), R-3 (apartments) to the east, Happiness Gardens on the west, single family to the south, and Wilmore Davis Elementary School to the southwest. • R-2 (current zoning) allows for single and two family residential, a 35' height limit, maximum lot coverage of 40%, and 25' minimum front setbacks. • MU -N allows 21 residential units per acre and commercial uses (office, service, retail, and restaurant); encourages higher density; and has development standards, a 35' height limit for residential, and a 50' height limit for commercial. Maximum lot coverage is 85%-90% and the minimum front setback is 0'-20'. • If the property is mitigated, it will be mitigated to state standards for residential. Staff analysis of the zoning criteria • The property is adjacent to the 44th Ave Corridor, which the Comprehensive Plan lists as neighborhood commercial corridor. • The property, designated as Neighborhood, is on the edge of the Wadsworth Subarea Plan which suggests medium high density (up to 21 units per acre). • Staff believes this application is consistent with the goals and objectives of the City guiding documents and that the criteria supports the zone change. • Staff believes the MU -N zone will promote public health, safety and welfare; will add value by redevelopment; will offer an appropriate transition with adjacent land uses; and may be a catalyst for other improvements in the area. • Staff has determined that local streets are adequate to support the MU -N, but will look at the possibility of the need for a signal at 44th & Yarrow. • All public agencies can serve the property, with upgrades at the owner's expense. Zoning process • A neighborhood meeting was held last December; 10 attended; traffic from the development was a concern, as well as transition between the development and Happiness Gardens • Planning Commission recommended approval 4-1. • There are no concerns from City departments; site plan review will be done by staff. • Approval of the Specific Development Plan will be done by staff. If a plat is required there would be a public hearing. Staff recommends approval with two conditions: 1) Additional traffic information be submitted at site plan review 2) City continues to work with applicant regarding interface with Happiness Gardens Council questions Councilmember Duran: The single family house to the south is a different owner and will remain. What steps will be taken to protect the neighbors during soil remediation? State and federal regulations will apply. Councilmember Pond asked why the recommended conditions weren't in the motion. Staff will get that language. Councilmember Mathews asked why so many uses were necessary, as this is not on 44th Avenue? Due to timing, the applicant prefers mixed use. Staff believes some low level commercial uses would be appropriate. Councilmember Fitzgerald asked if 749 traffic passes per day will degrade 44th Ave or affect the Wadsworth Plan. Mr. Westberg testified that capacity is not an issue. 44th has 11-14K cars a day, but can handle up to 20K. The majority of traffic back-ups on 44th and Wadsworth should improve when Wadsworth gets redone. This development shouldn't affect anything that's happening on Wadsworth. Councilmember Wooden's questions about the history of the property were deferred to the applicant. Councilmember Hoppe noted the zoning would allow 94 units, but the developer is only building 70. — She inquired about the shade impact to Happiness Gardens. Ms. Reckert noted the mature spruce trees already there make some shade. There will be a 30 foot setback. Parks & Recreation staff take equipment to Happiness Gardens through the greenhouse site. They don't think it will be a problem. They will work with the applicant to ensure good function for Happiness Gardens. — Any plan for buffers adjacent to the school were deferred to the applicant. That would be considered with site plan review. Councilmember Davis found that R-3 and R -3A are applicable, and noted that PRD was discussed at the Planning Commission level. She understands it is faster to do Mixed Use, doesn't feel commercial is appropriate, and asked how much extra time a PRD would take. Ms. Reckert thought a couple of months. She testified that the extra documentation required for PRD would not change traffic volume, but would show buffers and entrances. The applicant had a choice and preferred Mixed Use. Ms. Reckert testified that due to more staff review steps a PRD has more fees. Councilmember Mathews inquired about the uncertainty of traffic volume given the multiple options for use. Ms. Reckert said there can be no restrictions on use. Mr. Johnstone added that staff review will consider the actual use. Mr. Goff advised that the MU -N zoning was added by a previous Council to make the process faster, cheaper, and more predictable for the developer. Councilmember Wooden confirmed adjacent land uses on 44th Applicant Cameron Bertron (Denver) represents the owner. His firm specializes in properties that require remediation. He gave reasons why he believes this project will be beneficial to the neighborhood and the community, and answered questions from Council. • Property owners have entered a plan with the state for voluntary clean-up to residential standards. The higher density is necessary financially. • Past owners have proposed redevelopment of the property but they believe they have the right mix. • They will meet with neighbors to make sure their questions get answered as work goes on. • MU -N is preferred because it allows the highest and best use. It has design standards, setbacks and open space requirements. Traffic counts will have to be addressed. • Commercial development is unlikely since the assisted living facility went in. • The state (CDPHE) will always have the final say on the site plan. It's best to allow a level of flexibility until the amount of remediation is known and completed. Without that, they can't make any level of commitment for use. • History: The first greenhouses were built in the 1930's for carnations. In the 1970's it was converted to a landscaping greenhouse, which ceased to use the 84 concrete beds. A majority of the pesticide contamination occurred during the carnation days. Most recently it was leased to organic tomato growers. Having no active user for two years has led to dilapidation, the stripping of materials and use by the homeless. • There are some underground issues related to fuel tanks. He doesn't think the property has ever been listed, but there have been some pending contracts for sale during the last two years. This is a small sized project for their company. (They redeveloped the old St. Anthony's site and the ARCO site.) Mayor Jay closed the public hearing There was brief discussion about how to include conditions. Motion by Councilmember Davis to approve Council Bill 03-2017, an ordinance approving the rezoning of property located at 4255 Yarrow Street from Residential -Two (R-2) to Mixed Use Neighborhood (MU- N), on second reading, and that it takes effect fifteen (15) days after final publication, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation for approval. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Cod e of Laws. with the following conditions: 1. Additional traffic information be submitted at site plan review, including consideration of a traffic signal at 44th Avenue and Yarrow Street. 2. The City continue working with the applicant regarding interface with Happiness Gardens. 3. The City continue to work on the review of possible additional access points from the streets into the development. seconded by Councilmember Pond. Councilmember Urban suggested using the wording of the condition as stated in the Planning Commission minutes: "Additional traffic information be submitted at the time of administrative site plan review to determine whether the installation of a traffic signal at the corner of 44th and Yarrow is warranted. If it is warranted, the applicant will be responsible for the proportional share of the cost of such signal installation." Councilmember Davis agreed to the substitution of the Planning Commission language for condition #1. The second agreed. Councilmember Davis asked Mr. Bertron to let her help with the neighborhood meeting. Further discussion included a question about the effects of the Wadsworth project on this area; confirmation that without the added condition no traffic study would be required; and an opinion that the criteria have been met. The motion, with revised wording for Condition #1, carried 8-0. 7. PUBLIC HEARING A. Case No: WZ-16-08: An application filed by EnfiroFinance Group for approval of a zone change from Residential -Two (R-2) to Mixed Use Neighborhood (MU -N) VF for the property located at 4255 Yarrow Street. Ms. Reckert gave a short presentation regarding the Zone Change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner LEO asked if this project falls within the Urban Renewal Area. Ms. Reckert explained the Urban Renewal area is more towards Wadsworth and this property is just at the edge of it. This case was sent to the Urban Renewal Director and he had no comments. Commissioner DORSEY asked if there could be a street built to connect 42nd with Wadsworth. Ms. Reckert thought it highly unlikely that a street connection will be extended from Yarrow west to Ammons but there may be an opportunity for an extension to the east. Mr. Westberg concurred and added that a long range planning effort could be explored for an extension of 42nd Avenue from Wadsworth to Yarrow Street with a possible crossover signal. Commissioner DORSEY hoped this would alleviate some of the traffic. Commissioner BODEN asked about the possibility of a 35 -foot structure being built on the property and whether a 30 -foot buffer would impair Happiness Garden's sunlight. Ms. Reckert explained there have been and will continue to be conversations with the City Forester, Margaret Paget, who manages Happiness Garden's regarding the interface between the two properties. . Commissioner OHM inquired about the zoning on Happiness Gardens. Ms. Reckert replied that it is zoned Residential -Two (R-2). Commissioner OHM asked if Yarrow Street is a neighborhood main street commercial corridor. He wondered why this property being two lots deep should be rezoned to MU -N when compared to the 38th Corridor, which was rezoned to Planning Commission Minutes -2— February 2— February 16, 2017 MU -N and is only one lot deep. He wondered whether a zone change to Residential -Three, (R-3) was considered. Ms. Reckert explained that 381h Avenue has different characteristics than 44th Avenue. While different zone change options were discussed with the applicant, the zone change to MU -N was more desirable because of the shorter processing time. . Commissioner OHM also asked about possible installation of a traffic light at Yarrow Street and 44th Avenue intersection. He expressed concern with sight distance at the intersection due to the retaining wall for the assisted living facility. He expressed additional concern for redirected traffic once construction on Wadsworth begins and the need for storm drainage improvements at the Wadsworth and 44th Avenue intersection. Mr. Westberg stated there is no plan to extend the storm water drainage west on 44th Avenue but there are plans to remediate drainage issues at the 44th/Wadsworth intersection. Cameron Bertron, EnviroFinance Group 4601 DTC Blvd. #130, Denver Mr. Bertron explained to the Commission that his group specializes in Brownfield redevelopment and remediation of contaminated sites and that they will be cleaning this site to a residential standard, which is more intensive than the commercial standard. Commissioner BODEN asked again about the 30 -foot buffer and sunlight. Mr. Bertron explained that there will be less of an impact from the structures on the site than the 30 -foot pine trees on the eastern side of Happiness Gardens. He also explained there will be nice open space transition to the open space on Happiness Gardens. Discussion continued about potential traffic and drainage impacts from the site being developed. Commissioner WEAVER indicated that she is in support of the zone change but that she understands the traffic concerns. She is more concerned about the contamination on the site and feels it needs to be remediated in an appropriate way by a developer familiar with the procedures. Commissioner OHM indicated his awareness of issues with remediation but is still concerned about traffic impacting the neighborhood. He also has concerns about mixed-use zoning being placed in neighborhoods instead of straight residential or planned development zoning. Planning Commission Minutes -3— February 3— February 16, 2017 Ms. Reckert stated that because the site is over 1 -acre, it could not be rezoned to R- 3. The Planned Development process would take longer than the mixed-use zone change. Mr. Westberg added that the City will be asking for traffic impact study with the site plan and plat. It was moved by Commissioner SODEN and seconded by Commissioner WEAVER to recommend approval of Case No. WZ-16-08, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use - Neighborhood (MU -N) for property located at 4255 Yarrow Street for the following reasons: 1. The proposed zone change will promote the public health, safety, and welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and the Wadsworth Subarea Plan. 3. The zone change will promote redevelopment and revitalization of the property and may serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteria used to evaluate a zone change support the request. With the following condition: 1. Additional traffic information be submitted at the time of administrative site plan review to determine whether the installation of a traffic signal at the corner of 44th and Yarrow is warranted. If it is warranted, the applicant will be responsible for the proportional share of the cost of such signal installation. Motion carried 4-1, with Commissioner OHM denying. B. Case No. MS -16-04: an application filed by Regency Centers for US Retail Partners for approval of a three -lot minor subdivision for property zoned Planned Commercial Development (PCD) located at approximately 3400 Youngfield Street. Ms. Reckert gave a short presentation regarding the Minor Subdivision and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements had been met, therefore the Planning Commission has jurisdiction to hear this case. Dan Daly, 12498 W 35t' Avenue, Wheat Ridge Planning Commission Minutes -4— February 4— February 16, 2017 Case No. WZ-16-08/EFG A request for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) at 4255 Yarrow Street City c—il April 10, 2017 05/16/2017 ALTA/NSPS LAND TITLE SORYEY 1 xau.•ss:sex+asaesaranard K Np1l�fpt- r MF ei�+w 05/16/2017 View of assisted living facility to the north Yew looking west from Yarrow, Yew looking southeast fiom Yarrow View looking west from Yarrow 05/16/2017 7 View looking west along northern drive View looking west at home to the south Yew looking southwest at Happiness Gardens Yew looking north from 41st 05/16/2017 View looking north from 41' Avenue Guiding documents Envision Wheat Ridge 44TH AVE44•-Neighborhood -- - i _— • f silt C-6.1 cumdor floPriY - Neighbodmod - e !xe -. or mmegmliov � Y LJ I s Wadsworth Subarea Plan [ Y M�imn High Density r� Resdemiel - up 10 21 mails sill• »Q•� 05/16/2017 Development standards 0.4-- R•S s•iq Mr -.Varig f'w. 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YI'.Fna SwY.eY 75' -70 0'-70'YwWb Zone change criteria • No mistake on the zoning map • Consistent with goals and objectives of the City's guiding documents Will promote the health, safety and welfare and add value by redevelopment and revitalization of he property — may act as a catalyst for other area improvements • The character of the area has changed with additional traffic on 4411 and property investment in the area • All agencies can serve with improvements installed by the developer M Process Neighborhood Meeting: Held on December 15, 2016 10 persons in attendance — concerns about traffic from the development and in the neighborhood, transition between property and Happiness Gardens Planning Commission Action: Reviewed at a public hearing on February 16, 2017 Recommended approval 41 Referral: No concerns from city departments or agencies Subsequent referral for site plan review Next steps: Specific development plan—reviewed administratively Plat, if required — public hearings Building permit 05/16/2017 Staff Recommendation Staff recommends approval for the following reasons: • Zone change will promote the public health, safety and welfare • Zone change is consistent with the City's guiding documents. • Will promote redevelopment and revitalization of the property and may act as a catalyst • The criteria used to evaluate a zone change support the request. With the following conditions: • Additional traffic info be submitted at site plan review • City continue working with applicant re, interface with Happiness Gardens 5 City of Wheat�dge ")ck ,, , s q\ A_o , FUAj a j c ITEM NO: 3 DATE: April 10, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2017 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4255 YARROW STREET FROM RESIDENTIAL -TWO (R-2) TO MIXED USE NEIGHBORHOOD (MU -N) (CASE NO. WZ-16- 08/ENVIROFINANCE GROUP) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (03/13/2017) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (04/10/2017) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES Community Development Director ❑ NO Lwum& City Manager ISSUE: The applicant is requesting approval of a zone change from Residential -Two to Mixed Use Neighborhood (MU -N) for property located at 4255 Yarrow Street. The purpose of the rezoning is to modify and expand the list of permitted uses and to simplify the review and approval process for future redevelopment on the property. PRIOR ACTION: Planning Commission heard this request at a public hearing on February 16, 2017, and gave a recommendation of approval. The staff report and meeting minutes from that meeting are attached. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1,390 were collected for the review and processing of Case No. WZ-16-08. If the proposed rezoning is approved, there could be an advancement of the City's goals for the redevelopment of underutilized properties and increased housing choices in the community. Council Action Form — EnviroFinance Group April 10, 2017 Page 2 BACKGROUND: The site is located at 4255 Yarrow Street, south of 44' Avenue and west of Wadsworth Blvd. According to the Jefferson County Assessor, the property is 4.52 acres in size and is unplatted. The property contains a non -conforming greenhouse that was constructed in the 1940's, with minor modifications completed subsequently. The building is currently vacant. Both the building and site are generally in disrepair. The subject property is "L" -shaped and has roughly 400 feet of frontage along Yarrow Street and roughly 275 feet of street frontage along 42nd Avenue. The property has significant environmental contamination from the pesticides and fuel used by the greenhouse. The contamination will require remediation prior to any disturbance of soil on the site. West 44th Avenue carries between 11,000 and 12,000 vehicles per day and land use on the corridor includes a variety of commercial, residential and multi -family uses. Investment along this portion of West 44th Avenue includes newer medical offices and most recently, completion of an assisted living community directly to the north. With regard to traffic impacts, based on trip generation information reviewed during the referral process, it has been determined that the local streets are adequate to support the rezoning request and a full traffic study was not required. Additional traffic analysis will be required during the administrative site plan review process, including further consideration of whether a traffic signal is warranted at 4401 and Yarrow. Attached is preliminary traffic information submitted by the applicant. Surrounding Land Uses Surrounding properties include a variety of land uses. Immediately to the west is a parcel zoned Residential -Two (R-2) that contains a community garden, owned by the City of Wheat Ridge, known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single-family dwellings. The roughly one -acre property to the south is zoned R- 2 and contains a single family home. Beyond this to the south is Wilmore-Davis Elementary School and its associated play fields. Also on the southern side of the subject property are properties zoned R-2 that contain single-family homes. To the east is a multi -family property zoned Residential Three (R-3). Properties to the north front 44th Avenue and contain a variety of commercial businesses and are zoned Commercial -One (C-1). Current and Proposed Zoning The existing zoning on the property is Residential -Two (R-2) which allows low density single and two-family construction. The applicant is requesting the property be rezoned to Mixed Use — Neighborhood (MU -N) to allow the construction of a new multi -family housing development. The MU -N zoning allows a variety of residential, commercial and civic land uses. Multi -family development in the MU -N zone district is allowed at a density of up to 21 units per acre and a maximum height of 35 feet, consistent with the City Charter limitations. Council Action Form — EnviroFinance Group April 10, 2017 Page 3 The MU -N zone district has been established for locations along neighborhood main streets and at neighborhood commercial centers. It was established to encourage medium to high density mixed use development. As there are a wide variety of land uses in the surrounding area, a zone change to MU -N at this location could provide an appropriate transition from the more intense commercial land uses along 44h Avenue to the single-family homes to the south. Staff believes multi -family residential redevelopment of the property is appropriate and consistent with applicable policy documents adopted by the City. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site development. RECOMMENDED MOTION: "I move to approve Council Bill No. 03-2017, an ordinance approving the rezoning of property located at 4255 Yarrow Street from Residential -Two (R-2) to Mixed Use — Neighborhood (MU -N) on second reading and that it take effect 15 days after final publication for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws." Or, "I move to table indefinitely Council Bill No. 03-2017, an ordinance approving the rezoning of property located at 4255 Yarrow Street from Residential -Two (R-2) to Mixed Use — Neighborhood (MU -N) for the following reasons: 1. 2. 3." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 03-2017 2. Planning Commission staff report with attachments 3. Planning Commission minutes 4. Preliminary traffic information CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DAVIS COUNCIL BILL NO. 03 ORDINANCE NO. Series of 2017 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4255 YARROW STREET FROM RESIDENTIAL - TWO (R-2) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-16-08/ENVIROFINANCE GROUP) 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, EnviroFinance Group, LLC 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 4255 Yarrow Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan – Envision Wheat Ridge — which calls for the redevelopment of and reinvestment in underutilized properties; and, WHEREAS, The City of Wheat Ridge has adopted the Wadsworth Corridor Plan which designates the property as Medium High Density Residential; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 16, 2017 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 EnviroFinance Group, LLC for approval of a zone change ordinance from Residential –Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4255 Yarrow Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL A: THAT PART OF THE NEORTHWEST'/ OF THE NORTHEAST'/ OF THE SOUTHWEST'/ SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH BEARS NORTH [00'15'28] EAST, 160 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST'/ ON THE WEST LINE THEREOF; THENCE NORTH ALONG THE EAST LINE OF SAID NORTHEWEST'/4 DISTANCE OF [234] FEET; THENCE EAST PARALLEL TO Attachment 1 THE SOUTH BOUNDARY OF SAID NORTHWEST'/4 TO THE WEST BOUNDARY LINE YARROW STREET AS DESCRIBED IN INSTRUMENT RECORDED DECEMBER 4, 1961 IN BOOK [1429] AT PAGE [526], JEFFERSON COUNTY RECORDS; THENCE SOUTH [00 '17' '44'] WEST ALONG THE WEST LINE OF YARROW STREET TO A POINT [15] FEET NORTH OF THE SOUTH BOUNDARY LINE OF SAID NORTHWEST 1/4; THENCE TO THE RIGHT ALONG THE ARC OF A CURVE, HAVING A RADIUS OF [15] FEET, A DISTANCE OF [23.56] FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST [1/4]; THENCE NORTH [89 "47 ' 19"] WEST ALONG THE SOUTH LINE OF SAID NORTHWEST'/4A ISTANCE OF [260.72 FEET; THENCE NORTH PARALLEL TO THE WEST BOUNDARY LINE OF SAID NORTHWEST/4A DISTANCE OF [160] FEET; THENCE WEST AND PARALLEL TO THE SOUTHERLY LINE OF SAID NORTHWEST'/4A DISTANCE OF [358] FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL B: ACCESS AND EASEMENT MAINTENANCE EASEMENTS AS GRANTED AND SET FORTH IN THE WARRANTY DEED RECORDED [AUGUST 26, 1976] IN BOOK [2894] AT PAGE [513]. SUBJECT TO ALL RIGHTS OF WAY AND EASEMENTS OF RECORD. PARCEL C: THAT PART OF THE NEORTHWEST'/4 OF THE NORTHEAST'/4 OF THE SOUTHWEST'/ SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST 114 AND FOLLOWING THE WEST LINE THEREOF NORTH [0"15'28] EAST A DISTANCE OF [394.00] FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE RECORDED AUGUST 26, 19761N BOOK [2894] AT PAGE [513], SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE CHARLES GRAUL JR. MINOR SUBDIVISION; THENCE SOUTH [89 " 47 " 19"] EAST ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED AUGUST 26, 19761N BOOK [2894] AT PAGE [513] A DISTANCE OF [104.15] FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID PARCEL SOUTH [89 " 47 ' 19'] EAST A DISTANCE OF [529.99] FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF YARROW STREET; THENCE FOLLOWING THE WEST RIGHT OF WAY LINE OF YARROW STREET NORTH [0 "17'44"] EAST A DISTANCE OF [7.10] FEET TO THE SOUTHEAST CORNER OF THE CHARLES GRAUL JR. MINOR SUBDIVISION; THENCE FOLLOWING THE SOUTH LINE OF THE CHARLES GRAUL JR. MINOR SUBDIVISION NORTH [89 " 47 ' 52'] WEST A DISTANCE OF [530.0] FEET; THENCE SOUTH [ 0 " 15 ' 28 '] WEST A DSITANCE OF [7.02] FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF JEFFERSON, STATE OF COLORADO PARCEL D.- NON-EXCLUSIVE :NON-EXCLUSIVE EASEMENT FOR SEWER LINE AS GRANTED AND SET FORTH IN EASEMENT AGREEMENT RECORDED MAY 18, 2009 UNDER RECEPTION NO. 2009044993. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on this 13th day of March 2017, ordered it published with Public Hearing and consideration on final passage set for Monday, April 10, 2017 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2017. SIGNED by the Mayor on this day of , 2017. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney 1st publication: March 16, 2017 2nd publication: Wheat Ridge Transcript: Effective Date: City of " Wh6atl[ COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: February 16, 2017 CASE NO. & NAME: WZ-16-08/EnviroFinance Group (EFG) ACTION REQUESTED: Approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) LOCATION OF REQUEST: 4255 Yarrow Street PROPERTY OWNER: JDB, LLC APPROXIMATE AREA: 4.52 acres PRESENT ZONING: Residential -Two (R-2) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. REQUEST This application is for approval of a zone change from Residential -Two (R-2) to Mixed Use — Neighborhood (MU -N) for property located at 4255 Yarrow Street. The zone change is the first step of the process for approval for redevelopment of this site under MU -N zoning. If approved, and prior to any construction, a site development plan review will be required to confirm compliance with the city zoning code and the Architectural and Site Design Manual. These reviews would be administrative with no additional public hearings required. The purpose of the rezoning is to modify the list of uses and to simplify the review and approval process for future development on the property. (Exhibit 1, Applicant Letter) II. EXISTING CONDITIONSIPROPERTY HISTORY The site is located at 4255 Yarrow Street, south of 44`x' Avenue and west of Wadsworth Blvd. According to the Jefferson County Assessor, the property is 4.52 acres in size and is unplatted. (Exhibit 2, Aerial Photo) The property contains a non -conforming greenhouse that was constructed in the 1940's, with minor modifications completed subsequently. The building is currently vacant. The subject property is "L" -shaped and has roughly 400 feet of street frontage along Yarrow Street and roughly 275 feet of street frontage along 42nd Avenue. (Exhibit 3 — ALTA survey) The property is currently contaminated due to pesticides and fuel used with the prior greenhouse use. The contamination will have to be remediated prior to any disturbance of soil on the site (Exhibit 4, Site Photos) Surrounding properties include a variety of land uses. Immediately to the west is a parcel zoned Residential -Two (R-2) that contains an urban garden, owned by the City of Wheat Ridge, known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single-family dwellings. The roughly 1 -acre property to the south is zoned R-2 and contains a single family home. Beyond this to the south is Wilmore-Davis Elementary School and its associated play fields. Also on the southern side of the subject property are properties zoned R-2 that contain single-family homes. To the east is a multi -family property zoned Residential Three (R-3). Properties to the north front 44th Avenue, containing a variety of commercial businesses, are zoned Commercial -One (C-1). A new assisted living facility was recently completed at the southwest corner of 44' and Yarrow Street. (Exhibit 5, Zoning Map III. PROPOSED ZONING The existing zoning on the property is Residential -Two (R-2) which allows low density single and two family construction. The applicant is requesting the property be rezoned to Mixed Use — Neighborhood (MU -N) to allow the construction of a new multi -family housing development. Planning Commission Attachment 2 2 WZ-16-08/EFG The MU -N zoning allows a variety of residential, commercial and civic land uses. Multi -family development in the MU -N zone district is allowed at a density of up to 21 units per acre, consistent with the City Charter limitations. The MU -N zone district has been established for locations along neighborhood main streets and at neighborhood commercial centers. It was established to encourage medium to high density mixed use development. As there is a wide variety of land uses in the surrounding area, a zone change to MU -N at this location could provide an appropriate transition from more intense commercial land uses along 44th Avenue to the single-family homes to the south. Staff believes multi -family residential redevelopment of the property is appropriate and consistent with applicable policy documents adopted by the City. In addition to residential and civic uses, the MU -N zone district allows for a wide range of commercial and retail uses. The applicant has indicated that the property is not suitable for commercial land uses due to its lack of visibility and frontage on 44th Avenue. This is articulated in the applicant's submittal letter labeled as Exhibit 1. The following table compares the existing R-2 zoning and proposed MU -N zoning for the property. Development R-2 zoning MU -N zoning Standard Uses Single family Residential and commercial uses and two family (office, service and retail, residential restaurant) including multi- family and live/work facilities Architectural None Mixed Use development Standards standards specified in zone district — similar to ASDM Max. Building Height 35' 35' for any building having a residential use; 50' for any building having a commercial use Max. Lot Coverage 40% 85% to 90% Min. Landscaping N/A Mixed use — 10% Single use - 15% Min. Front Setback 25' 0' — 20' build to If the rezoning is approved, the applicant would then submit for administrative plan review and plat. The design for the property would be held to the standards set forth in the zoning code and the architectural and site design standards contained in the Mixed- Use zone district regulations. Planning Commission Attachment 2 WZ-16-08/EFG IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.D.2. 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 significant adverse effects on the surrounding area. The change of zone promotes the health, safety, and general welfare of the community and will not result in significant adverse effects on the surrounding area. The property is currently unmaintained with dilapidated buildings and various code violations including weeds and the presence of vermin. The MU -N zoning is expected to add value to the subject property and to the surrounding community. The mixed use development standards will promote compatibility between future development and existing surrounding land uses including building stepbacks and buffering. With regard to traffic impacts, based on trip generation information reviewed during the referral process, it has been determined that the local streets are adequate to support the rezoning request and a full traffic study was not required. Additional traffic analysis will be required during the administrative site plan review process, including further consideration of whether a traffic signal might be warranted at 44th and Yarrow. While staff does not believe that a traffic signal will be warranted based on the densities allowed under MU -N zoning, staff is recommending a condition of approval noting that if warranted, the applicant will be responsible for the proportional share of the cost of such signal installation. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property with improvements installed at the developer's expense. Prior to issuance of a building permit, an administrative site development plan application will be required and referred to all impacted utility and service agencies 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. Planning Commission Attachment 2 4 WZ-16-08/EFG The proposed zoning is consistent with the policies and goals in the City's comprehensive plan—Envision Wheat Ridge which was adopted in 2009. The Structure Plan map in Envision Wheat Ridge illustrates the community's vision by classifying different types of development areas and transportation corridors. The Structure Plan for this area depicts; W. 44th Avenue is shown as being -4s a Neighborhood Commercial Corridor (shown as pink dots) transitioning into Neighborhood to the south (represented by yellow). Goals identified for Neighborhood Commercial Corridors include: • Encouraging improvement of underutilized properties. • Increasing housing options • Ensuring quality design for development and redevelopment • Redevelopment and reinvestment in underutilized areas with denser, high quality development. Site The category of Neighborhood are areas typically bounded by arterial and collector streets. Envision Wheat Ridge further breaks down the definition of Neighborhood to identify Stable Neighborhoods and Areas for Revitalization. Revitalization areas are generally over one-half an acre in size and have pockets of property that might benefit from reinvestment. Many times these properties require special attention due to dilapidated structures, code enforcement issues, incompatible uses and safety. Happiness Gardens to the west of the subject property is shown in green as Parks and Open Space. Further to the east, is the Wadsworth Corridor designated in red. Planning Commission Attachment 2 5 WZ-16-08/EFG Goals met with the proposal include the redevelopment of and reinvestment in underutilized properties with denser, high quality development. Development of the site will eliminate an attractive nuisance and allow new housing choices for existing residents and those coming to the City of Wheat Ridge. The property is also located on the western edge of the Wadsworth Subarea Corridor Plan where it is designated as Medium High Density Residential in the Recommended Land Use map. 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 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. West 44"' Avenue carries between 11,000 and 12,000 vehicles per day and land use on the corridor includes a variety of commercial, residential and multi -family uses. Investment has been realized along this portion of West 44`h Avenue that includes newer medical offices and most recently, completion of an assisted living community directly to the north. The zone change will promote reuse and redevelopment of the property, which could act as a catalyst for additional redevelopment and property investment in the area. Staff concludes that this criterion has been met. Planning Commission Attachment 2 WZ-16-08/EFG 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 is consistent with the Comprehensive Plan and other supporting documents; therefore this criterion is not applicable. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on December 15, 2016. In addition to the applicants, roughly 10 persons were in attendance. Discussion topics are addressed in the neighborhood meeting notes. (Exhibits 6 and 7, Neighborhood Meeting Notes and Sign-up sheets) VI. AGENCY REFERRAL, All affected City departments and 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 Parks and Recreation Department: No specific comments at this time. If the application moves forward, they will work with Planning staff and the applicant to discuss interface between Happiness Gardens and the proposed development. Wheat Ridge Police Department: Has no issues with the zone change. Wheat Ridge Public Works: Has no comments regarding drainage at this time. A drainage plan will be required to be reviewed as part of the site plan and plat processes. Preliminary traffic information has been reviewed by Public Works. Additional traffic information will be required at the time of administrative site plan review. Wheat Ridge Sanitation District: No objections. Can serve the property with an existing line in Yarrow Xcel Energy: No objections. Comments received relate only to the zone change request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. Planning Commission Attachment 2 7 WZ-16-08/EFG VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan and the Wadsworth Subarea Plan. The zone change will promote redevelopment and revitalization of the property and may serve as a catalyst for other property redevelopment or improvements in the area. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-16-08 with one condition included in the recommended motion.. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ-16-08, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use — Neighborhood (MU -N) for property located at 4255 Yarrow Street for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and the Wadsworth Subarea Plan. 3. The zone change will promote redevelopment and revitalization of the property and may serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteria used to evaluate a zone change support the request. With the following condition: 1. Additional traffic information be submitted at the time of administrative site plan review to determine whether the installation of a traffic signal at the corner of 44b and Yarrow is warranted. If it is warranted, the applicant will be responsible for the proportional share of the cost of such signal installation." Option B "I move to recommend DENIAL of Case No. WZ-16-08, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use — Neighborhood (MU -N) for property located at 4255 Yarrow Street for the following reasons: Planning Commission Attachment 2 8 WZ-16-08/EFG Exhibit 1— Applicant letter Rezoning Application Written Request and Description of Proposal 4255 Yarrow St. Wheat Ridge, CO Current Zoning: R-2 Proposed Zoning: MU -N Background: 4255 Yarrow Street is a 4.52 acre parcel of land, currently zoned R-2 and occupied by a 106,000 square foot greenhouse. Following decades of productive use as greenhouse growing flowers, landscaping, and produce, the property now sits vacant and blighted. Compromised by environmental contamination, the property is no longer viable as a greenhouse or re -developable consistent with the underlying zoning. EnviroFinance Group, LLC (applicant) is under contract to acquire the property from the current owner, JDB, LLC, and proposes to redevelop the subject property into a medium density residential development, comprised of townhomes or a mix of townhomes and a small apartment or mixed-use building, consistent with the City of Wheat Ridge's Comprehensive Plan, the Wadsworth Corridor Subarea Plan, and the proposed Mixed Use — Neighborhood zone district (MU -N). Response to zone change review criteria #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. Consistent with the adopted Wadsworth Corridor Subarea Plan, the change of zone will allow for medium density residential development and/or a mix of neighborhood serving commercial development; thereby creating a balanced mix of land uses. The added density will help support a sustainable and resilient local economy along W. 44th Ave. and Wadsworth Blvd., while maintaining the character and integrity of adjacent residential neighborhoods. Immediately adjacent to two key commercial corridors, a neighborhood school, and a community garden, this change of zone will enable opportunities for unique places for people to live, work, shop, and play; as well as promote use by pedestrians, bicyclists, and transit users; and encourage active lifestyles. As such, 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 location of the property, between a single-family residential neighborhood to the south and west and two commercial corridors to the north and east, makes it an ideal candidate for MU -N zoning, helping to create the zone of transition contemplated by City plans. MU -N zoning allows the property to achieve many of the City's goals while protecting the character of the surrounding single-family neighborhood. Adding residential density achieves the goal of transitioning height from Main Street or Neighborhood Commercial Corridors to single-family neighborhoods, and provides new households to support the commercial activity of the corridors, Planning Commission Attachment 2 9 WZ-16-08/EFG as well as the nearby school and gardens. Encouraging residential density within walking distance to commercial corridors also helps alleviate traffic congestion. While higher density residential development is the central objective of MU -N zoning, it also allows for commercial uses. Practically speaking, the location of the property fronting along Yarrow Street (as opposed to frontage along 44th or Wadsworth) means that commercial development on the property is very unlikely. This is especially true now that 7850 West 44th Avenue (the adjoining property at the corner of 44th and Yarrow) has been developed as assisted living. Nevertheless, to protect against potential negative impacts from commercial uses on surrounding properties, MU -N zoning has built in use restrictions, excluding uses such as storage, warehouse, industrial, and large retail; as well as providing guidance and requirements on design elements. Should a commercial use be viable in this location, these requirements help to ensure development is consistent with community expectations and set parameters for density, height, setbacks, open space, and more. To that end, the potential for commercial development on the property is likely limited to smaller neighborhood serving retail, such as a coffee shop, integrated into the ground floor of a multi -family development. A commercial use such as this can be integrated into the site plan and serve both the residents of this property, as well as surrounding neighbors and offices. Finally, the change of zoning will encourage reinvestment in and redevelopment of a contaminated, blighted property and eliminate the negative impacts on the surrounding residential and commercial property. As such, the proposed change of zone is a sensible step towards preserving the public health, safety, and general welfare of the citizens of Wheat Ridge, and a proactive step to support the positive planned growth of W. 44th Ave. and Wadsworth Blvd. Response to zone change review criteria #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. Applicant confirms that 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. Dry Utilities: The site is currently served by electricity and gas (Xcel). Water and Sanitation: The Wheat Ridge Water District and Wheat Ridge Sanitation District have confirmed there is adequate infrastructure to support a 10-21 unit per acre mixed-use project. An extension of a sewer line down Yarrow St. may be necessary and will be accommodated as part of development. Transportation: Vehicular — Most of the vehicular access to and from the site will be though the regional highway network of I-70 and Wadsworth Blvd. (SH 121) east and north of the site. To a lesser extent Colfax (US 40) and 6th Avenue (US 6) will serve trips south of the site. Planning Commission Attachment 2 10 WZ-16-08/EFG Wadsworth Blvd. as a major arterial roadway with four capacity lanes plus auxiliary and turn lanes is a primary north/south connection to the regional network. Wadsworth Blvd. intersects with W. 44th Ave. and W. 41 st Ave. which connect to the local roadways serving the site. W. 44th Ave. is the closest east/west roadway to the site and transitions from the Wadsworth traffic signal controlled intersection to a four lane main collector/minor arterial with four capacity lanes and no turn lanes. W. 41 st Ave., south of the site, is a local street that intersects with Wadsworth Blvd. at a two-way stop condition. W. 41 st Ave. intersects with Yarrow Court which serves the site. Two site access locations are anticipated off Yarrow Street along the east property line. Yarrow Street, a local street with an approximate width of 33 feet, supports two north/south lanes and on -street parking on both sides of the street. Yarrow St. is currently not striped and is stop controlled at the W. 44th Ave. intersection. Yarrow St. terminates at W. 42nd Ave. in an elbow configuration. One site access is proposed off W. 42nd Ave. west of an intersection with Yarrow Ct. Yarrow Ct. intersects with W. a "T" configuration south of the site. Planned City roadway improvements include the widening of Wadsworth Blvd. to six capacity plus turn lanes. Future plans also include a traffic signal at the W. 41 st Avenue and Wadsworth Blvd. intersection. Bicycle — There are currently no dedicated bicycle facility in the vicinity of the site, however the Wadsworth Blvd. planning study and the City of Wheat Ridge Comprehensive Plan indicates Bike lanes on Wadsworth Blvd. and W. 44th Ave. Pedestrian — There are currently attached sidewalks on the perimeter streets including Wadsworth Blvd., W. 44th Ave., Yarrow St., and W. 41 st Ave. The Wheat Ridge Comprehensive Plan indicates sidewalks with buffer on Wadsworth Blvd. Transit — Transit in the area includes RTD Bus service on Wadsworth Blvd., W. 44th Ave., and 38th Ave. In addition, the Gold Line commuter rail, approximately 1.8 miles from the site, provides service to downtown Denver and Ward Road in western Wheat Ridge. Trip Generation — Vehicle trips associated with the proposed change of zone were calculated by Matrix Design Group using the Trip Generation Manual, 9th Edition, Institute of Transportation Engineers. Two land use scenarios were assumed. The first scenario maxes out the allowable residential density and considers 40 apartment units and 55 townhouse units. The second "expected" scenario assumes a market driven outcome and considers 70 townhouse units. The 40 apartment units and 55 townhouse units generates the most traffic between the two scenario with 749 ADT and 57 AM peak hour, and 77 PM peak hour trips. The expected outcome of 70 townhouse units generates 472 ADT and 39 AM peak hour, and 54 PM peak hour trips. Applicant acknowledges that the City of Wheat Ridge criteria require that a site plan generating more than 60 peak hour trips will require a Traffic Impact Study (TIS) at the time of submittal. Planning Commission Attachment 2 11 WZ-16-08/EFG Storm Drainage: This site is located on a FEMA Zone X and according to the FEMA website this means the site is outside the 0.2% chance floodplain and at low to moderate risk of flooding. Storage and treatment of runoff on sites in the City of Wheat Ridge is required for all developments within city limits. All detention facilities, unless designated as regional detention facilities by the City of Wheat Ridge, are to be privately owned and maintained. Redevelopment of the site under the proposed zoning would be classified as a Major Redevelopment according to the City of Wheat Ridge Site Drainage Requirements because it will disturb more than 10,000 square feet of the existing impervious area of the site. Applicant acknowledges that there is no existing storm water drainage infrastructure on or adjacent to the site and, as such, the site will likely need to provide full infiltration for the detention facility and that storm water plans and reports will require review and approval by the City of Wheat Ridge Public Works department. CONCLUSION: Regardless of the proposed zone change, redevelopment of the property known as 4255 Yarrow will require an onsite detention and infiltration system for storm drainage infrastructure to support development. With the construction of an infiltration facility, no storm water infrastructure improvements are anticipated to be required off-site to provide service to this project. Any project developed under the current or proposed zone will follow the City of Wheat Ridge City Code and City of Wheat Ridge Engineering Regulations and Design Standards for concept and formal submittals to obtain services. No offsite dry utility or water infrastructure will be required to support redevelopment of the property. Modest upgrades to the existing sanitary sewer pipe in Yarrow Street are expected. Expected transportation related improvements are sidewalks, curb ramps at entrance drives, and signing at access locations, as well as possible signing and striping improvement along Yarrow Street. Response to zone change review criteria #3a: 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 city -approved policies or plans for the area. The proposed zone change is consistent with the Envision Wheat Ridge Comprehensive Plan and the Wadsworth Corridor Subarea Plan, and is a catalyst to achieve a number of the stated goals and strategies set forth in these plans. In certain areas, zone change is needed to bring the property into conformance with these plans. Envision Wheat Ridge Comprehensive Plan Two of the six stated key values of the Envision Wheat Ridge Comprehensive Plan—Creating a Resilient Local Economy Based on a Balanced Mix of Land Uses and Promoting Vibrant Neighborhoods and an Array of Housing Options—are directly enhanced through a zone change to MU -N. More specifically, the following excerpts speak to the connection between this zone change and conformance with the Envision Wheat Ridge Comprehensive Plan. Planning Commission Attachment 2 12 WZ-16-08/EFG CHAPTER 4: Economy and Land Use "In order for Wheat Ridge to continue to be viable residential community, and to maintain existing levels of services (such as police protection, roadway maintenance, and parks and recreation amenities) the City must chart a new course for the future to establish a diverse mix of land uses to build and sustain a broad and resilient tax base." Economy and Land Use Goal 2: "Attract quality retail development and actively retain existing retailers to locate in Wheat Ridge." Economy and Land Use Goal 4: "Increase the diversity of land uses." Economy and Land Use Policy 4.1 — Efficient Use of Limited Land: "Because of the limited amount of land available for new development, the City will require efficient use of newly developing and redeveloping areas by promoting higher -intensity development." Economy and Land Use Policy 4.1 — Efficient Use of Limited Land, Strategies A and B: "A - Emphasize mixed-use development in developing and redeveloping areas", "B -Develop a new mixed-use zoning district and associated land use regulations." Economy and Land Use Goal 5: "Revitalize key redevelopment areas." A zone change to MU -N provides a critical mass to support existing and future retail, diversifies existing land uses, revitalizes a key redevelopment area near W. 44th Ave. and Wadsworth Blvd., and deploys the City's new mixed-use zoning. Additionally, townhomes, a development outcome not possible under the current zone, can often offer greater square footage than nearby single family homes, and are new construction, leading to increased property tax for the City. With "nearly 60% of general City revenues coming from sales tax" (pg. 33), the density associated with MU -N offers an opportunity to bolster property tax as a complement to sales tax. CHAPTER 5: Neighborhoods and Housing "The edges of neighborhoods, displayed as Neighborhood Buffer Areas on the Structure Plan, correspond with areas that have generally shifted away from predominately single-family owner -occupied uses over time, to a mix of uses .... According to the NRS, the homogenous nature of the city's housing stock is a somewhat limiting factor in attracting new residents and households. This is due to the fact that the housing types available in Wheat Ridge are generally older and smaller than the current Jefferson County market demands ....As reinvestment and redevelopment occur in revitalization and Neighborhood Buffer areas, it will be important to add new housing types." Neighborhoods and Housing Goal 2: "Increase housing options." Neighborhoods and Housing Policy 2.1: "The City will direct the development of new housing types such as townhomes, condos/lofts, and senior living units (especially in Neighborhood Revitalization, Neighborhood Buffer, and other mixed-use areas) to meet market demand." Neighborhoods and Housing Goal 4: "Stimulate investment and redevelopment in Neighborhood Buffer Areas." Planning Commission Attachment 2 13 WZ-16-08/EFG The property is located adjacent to a Neighborhood Buffer area, MU -N provides variety of housing options in a way R-2 cannot, and responds to the market by providing more square footage than the current single family housing stock pervasive in Wheat Ridge. In addition to diversifying the available housing options, the proposed zone change will help facilitate new families moving Wheat Ridge. CHAPTER 7: Transportation "While the city's established bus transit and trail systems are tremendous assets, there are opportunities to improve the linkages between these systems and existing neighborhoods and future activity centers. One of the primary opportunities will arise with the opening of the Gold Line commuter rail corridor that is planned for 2016." Transportation Goal 4: "Improve the coordination between transportation improvements and future land use decisions." This property takes advantage of the existing W. 44th Ave. RTD bus route and is conveniently located 1.8 miles south of the RTD Gold Line Olde Town Arvada station. CHAPTER 9: Sustainable Future "A sustainable community recognizes the importance of economic prosperity (both for individuals and the community as a whole) .... A sustainable community maintains property values and retains strong households." Sustainable Future Goal 1: "Establish and maintain a resilient and sustainable tax base." Sustainable Future Policy 1.1 – Coordinated Planning, Strategy B: "Focus on attracting strong households and a healthy mix of ages within the community." MU -N allows for an array of housing types, such as townhomes. Townhomes offer larger square footage than many of the surrounding single family homes, and are ideal for young families or baby boomers looking to downsize from large properties. CHAPTER 10: Plan Implementation Code Amendments to Achieve Economic and Land Use Goals: "In general, the perception of Wheat Ridge's development review process is that it has become more challenging over the years—in part because Wheat Ridge is mostly built out, but also because the Code and regulatory structure is overly complex, somewhat out-of-date (standards and procedures), and unpredictable. It also contains regulatory "barriers" to achieve desirable patterns, such as mixed-use development." Code Amendments to Achieve Economic and Land Use Goals – Planned Developments—Over Reliance and Unpredictability: "In addition, the Code promotes overreliance on Planned Developments (PDs) for new development instead of using straight zoning districts and standards. This means development projects require multiple review steps and are subject to a high degree of discretion rather than objective standards. As a result, predictability for developers, neighborhoods, and decision -makers is low. In addition, the requirement for rezoning to PDs adds another step to the process and adds uncertainty for new developments, Planning Commission Attachment 2 14 WZ-16-08/EFG which can be expensive and unpredictable for businesses and industries and frustrating for neighbors." General Recommendations for New Mixed -Use Zoning Districts – Develop New Mixed -Use Zoning: "Drawing from the Architectural and Site Design Manual, the City could develop new mixed-use zoning district(s). Standards would not only ensure quality architectural design, but also address planning. For examples, they could require new projects to provide transition or buffers near single family neighborhoods, allow for shared parking, relax front setback standards so buildings relate to the street, provide ample pedestrian features, and encourage (not just allow) public gathering spaces and public art. New projects would also need to maintain essential components of Wheat Ridge's character, including landscaping and trees, and other appropriate themes." For all of the reasons stated in previous pages, a zone change is critical for redevelopment of this property, and redevelopment to medium density is an effective way to advance many of Wheat Ridge's stated goals. A zone change to MU -N allows this desired development and puts into practice a new zoning district that Wheat Ridge's has proactively developed to catalyze the type of development and impact it is looking for, while maintaining a level of quality control. In the case of a contaminated site such as this one, the City's Mixed Use zone district encourages redevelopment of a site already burdened by the regulatory demands of remediation. Wadsworth Corridor Subarea Plan Two of the Wadsworth Corridor Subarea Plan's eight goals Improve the success of businesses along Wadsworth Boulevard and Create a town center with vitality, attractive shopping and a gathering space for the community—are aided by a zone change for this property to MU -N, which allows higher density and more homeowners near the corridor. Furthermore, a zone change to MU -N allows for a redevelopment that directly matches the fifth major plan feature: "In general, encourage a gradual increase in density and building height closer to Wadsworth Boulevard to provide the critical mass of users and residents that will help support the businesses in the Corridor and brings life into this town center as well as prevent encroachment into the residential neighborhoods east and west of the Subarea." CHAPTER 2.6: Future Land Use Figure 3: Recommended Land Uses in the Wadsworth Corridor: This map lays out a land use map where the eastern half of this property is defined as Medium -High Density Residential – "Medium -High Density Residential land use will be developed between ten and twenty-one units to the acre. This range includes townhomes, condominiums and apartments." A zone change to MU -N is consistent with this recommendation and will bring the property into conformance with Wadsworth Corridor Subarea Plan. CHAPTER 3.7: Density "In the proposed town center area between W. 38th Avenue and W. 44th Avenue, higher densities (10-20 units per acre) could be encouraged over and above commercial uses. Densities Planning Commission Attachment 2 15 WZ-16-08/EFG will be "feathered" (gradually decreased) along the edges of the corridor to make a transition to adjacent zoning." This property is situated near the edge of the W. 44th Ave. corridor and with MU -N zoning provides an opportunity to "feather" height between the corridor and single family neighborhoods. Current zoning provides little opportunity for feathering and instead requires single family neighborhoods adjacent to the corridor. CHAPTER 4.6: Economic Development "The report documented the decline of stronger sales tax generators (i.e. food stores, eating/drinking establishments, building materials and finance/insurance and real estate). The report observed that stronger tax generation may be possible by the growth of these industries, but also observed that the affluence of local households is a key factor in attracting and retaining these businesses" "To create a successful retail environment and encourage redevelopment, residential densities need to be increased in this area. Changing the land use along the corridor to include a higher density residential component associated with mixed us will assist in the creation of a retail environment." "Roughly sixty-seven percent of Wheat Ridge's multifamily housing market is rental" "The City should look for other partners such as Wheat Ridge 2020 to help acquire and land- bank problem properties in the corridor as they become available. Finally, the City should consider using their authority to acquire lots at fair market prices and to condemn as necessary." MU -N allows for increased density, which can help support nearby retail, and an array of housing types, which can accommodate some higher priced homes that cater to more affluent residents. Property redevelopment presents a unique opportunity for a large for sale residential development such as town houses, which will help balance out Wheat Ridge's current 67% rental multifamily housing market. Response to zone change review criteria #3c: 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. The proposed zone change to MU -N is in response to the changed and changing conditions in the W. 44th Ave. and Wadsworth Blvd. corridors and more specifically the property itself.W. 44th Ave. and Wadsworth Blvd. Corridors Both corridors are seeing increased development activity, and the Wadsworth corridor, between W. 38th Ave. and W. 44th Ave., is one of five target redevelopment areas in Wheat Ridge (Envision Wheat Ridge, Executive Summary, page 5-6). The City has identified the desire to create a vibrant Town Center in this area, and has created an Urban Renewal Area to help accelerate many of these goals. Wheat Ridge voters recently approved Ballot Initiative 2E providing approximately $33 million public improvements including the reconstruction of Wadsworth Boulevard. Plans for the corridor include significant upgrades to the intersection with W. 44th Ave. and new lighted intersections to the south. This is a significant change to the Planning Commission Attachment 2 16 WZ-16-08/EFG immediate area and will positively impact redevelopment and reinvestment along and adjacent to the corridors consistent with City plans. Wadsworth Corridor Subarea Plan This property is recommended to be a Medium High Density Residential area as part of the Wadsworth Corridor Subarea Plan, which is a change from its current R-2 land use. Greenhouse operations on this property have long sense ceased, and the property has changed from being an asset to a liability. The vacant, dilapidated building runs the risk of continuing to deteriorate if the property cannot be redeveloped. In conclusion, the change in the character and condition of the property, as well as the nature of and proposed upgrades to nearby corridors, supports a change of zone for this property. The zone change best serves the public interest of the citizens of Wheat Ridge by allowing a derelict property to redevelop while also advancing many of Wheat Ridge's stated planning goals and objectives. MU -N allows an array of housing options, supports a variety of users at different socio-economic scales, including homeownership opportunities for young families, provides density to support nearby commerce and diversifies and strengthens the tax base. MU -N in this specific location takes advantage of the W. 44th Ave. bus route and nearby Light Rail options, creates a critical mass within walking distance of already identified commercial nodes, and provides buffers to protect the character of the surrounding single family neighborhood. Planning Commission Attachment 2 17 WZ-16-08/EFG Exhibit 3 — ALTA Survey 6 B ft d ® E -@ i• lip 8 r �A s• j R R' � q3 O P+'i 6 as� p0� �ti 6kskk e 9 d �o yy !� ° 08 Yyya1� 1CLL� Planning Commission Attachment 2 19 WZ-16-08/EFG Exhibit 4 — Site photos Planning Commission Attachment 2 WZ-16-08/EFG Looking northwest from Yarrow at new assisted living facility adjacent to site 20 - Looking southwest down Yarrow towards front of property Looking west from Yarrow towards front of property Planning Commission Attachment 2 21 WZ-16-08/EFG zilio;707-�- 4jt,,- Looking west from Yarrow towards front of property Looking west down northern drive aisle Planning Commission Attachment 2 22 WZ-16-08/EFG Looking southwest across Happiness Gardens Looking west towards house to the south of property Planning Commission Attachment 2 23 WZ-16-08/EFG Looking northeast from West 42nd Avenue Looking north from West 42"d Avenue Planning Commission Attachment 2 24 WZ-16-08/EFG r r- M � 1 to �# t 1F K? R_3 mu -c R-2 v L" mu -c e S AL-V�12L;: Exhibit 6 — Neighborhood Meeting Notes 144 It City of " Wheat jidogie COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? December 15, 2016 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second floor conference room 7500 W. 29`t' Avenue Wheat Ridge, CO 4255 Yarrow Street JDB, LLC No Applicant: Cameron Bertrom, EnviroFinance Group (EFG) Sarah Laverty, EFG Michael Bruckner, Sprocket Architecture Existing Zoning: Existing Comp. Plan: Residential -Two (R-2). Neighborhood Planning Commission Attachment 2 26 WZ-16-08/EFG Existing Site Conditions: The site is located at 4255 Yarrow, south of 44th Avenue and west of Wadsworth. According to the Jefferson County Assessor, the property is 4.52 acres in size and is unplatted. The property contains a non -conforming greenhouse that was constructed in the 1940's with various modifications since that time. The building is currently vacant. Surrounding properties include a variety of land uses. Immediately to the west is a parcel zoned Residential -Two (R-2) that contains an urban garden, owned by the City of Wheat Ridge, and known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single-family dwellings. The roughly 1 -acre property to the south is zoned R-2 and contains a single family home. Beyond this to the south is Wilmore-Davis Elementary School, owned by Jefferson County School District. Also on the southern side of the subject property are properties zoned R-2 that contain single-family homes. To the east is a multi -family property zoned Residential Three (R-3). Properties to the north front 44th Avenue and contain a variety of commercial businesses, and are zoned Commercial -One (C-1). The subject property is "L" -shaped and has roughly 400 feet of street frontage along Yarrow Street and roughly 275 feet of street frontage along 42nd Avenue. The remainder of the other property boundaries abut other properties and has no street access. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property from R-2 to Mixed Use -Neighborhood and intends to develop multi -family housing in the form of a for -sale townhome product. The specifics of the site design and subdivision will be provided following any zone change approval. The applicant shared a preliminary site plan that proposes a series of townhouses oriented north -south. Two primary access drives are identified, one off Yarrow Street near the center of the eastern property boundary, and one off 42nd Avenue that would align with Yarrow Court to the south. Additional internal circulation is also shown that would access tuck - under garages. Pedestrian greenways are shown between the townhomes as well. An open green space is shown near the eastern -center of the property for the residents. At this time, the applicant is still determining market viability of a possible retail or office component on the site. As the site has been used as a greenhouse for a number of years, there is significant environmental contamination that will need to be remediated prior to the construction and occupancy of any new buildings. The applicant specializes in brownfield redevelopment, and has the capability to develop the property in a safe manner, and will secure the necessary permits from the Colorado Department of Public Health and any other necessary agency. The applicant is proposing to rezone the entire property to Mixed Use -Neighborhood (MU -N). Although there is no specific development being proposed at this time, a conceptual site plan was shared with the group. Planning Commission Attachment 2 27 WZ-16-08/EFG The following is a summary of the neighborhood meeting: • In addition to staff and 3 applicant representatives, 9 members of the public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the proposed project and also addressed required removal of contaminated materials from the site. • The members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: • How many units are being proposed 70 townhomes and/or multifamily dwellings. If the density allowance were maxed out at 21 units per acre, a total of 94 units could be built. • Will these be rental or low income units? No, they will be market rate units for purchase. • What could be built under the existing zoning? The property is zoned R-2 and could accommodate about 15 duplexes. • Happiness Gardens (a communal garden owned by the City of Wheat Ridge) is located directly to the west of the proposed development. How will the Gardens be impacted? The tentative site plan has been designed so that the new buildings will be oriented in a north/south direction. A buffer area approximately 30' feet in width will be provided on the western side of the development so that sunlight to the gardens will not be blocked by buildings. There is a row of large spruce trees on the common property line; will those remain in place? The row of trees between the gardens and the proposed development are in need of maintenance but will be kept. As the project moves forward, the applicant will continue to work with Parks staff regarding the interface between the two properties. Happiness Gardens currently brings heavy equipment like tractors through the proposed project site to access the eastern portion of the property. Will this access remain? As the project moves forward, the applicant will continue to work with Parks staff regarding the interface between the two properties. Planning Commission Attachment 2 28 WZ-16-08/EFG • There is currently unbuilt street right-of-way that extends east from 42nd Avenue, through the Happiness Gardens improvements over to Ammons? Will this street be extended? If any east/west street extensions are made from Yarrow Street, it would probably extend east over to Wadsworth to divert traffic away from the neighborhood. • Where will water and sanitary sewer service come from? Both water and sanitary sewer service would be extended from Yarrow Street. • There is an existing single family residence to the south with a large, vacant front yard. Will this property be included in the development? No, the property owners wish to retain their entire parcel, including the large vacant area on the east. The developer has had discussions with the owners regarding transition to the proposed project. A fence delineating the common property line will be built but will be an open type design so views into the adjoining properties are maintained. • A variety of concerns were expressed regarding traffic problems in the area which vehicles from the new residential units will compound. Those concerns included the following: o During rush hour, traffic at the 44`h/Wadsworth intersection backs up on 44`j' to Balsam Street. Because of this, the new residents will be tempted to exit the new development by turning left to go south and wind through the neighborhood to get to 41" Avenue or 38`h Avenue. o Wilmore Davis Elementary is located on 41" Avenue between Yarrow Court and Ammons Street. Many children living in this area attend this school and walk back and forth in the morning and afternoons. Although there are sidewalks, excessive speeds on Ammons and Yarrow make it unsafe for pedestrians. The City of Wheat Ridge does not adequately enforce speeding in the area. o The narrowing of West 38`h Avenue between Wadsworth and Sheridan has forced more cars to use West 44`h Avenue. o It was indicated that in 2014, a request for traffic calming on Ammons was submitted but did not move forward with City Staff. • One of the commercial property owners to the north along 44`h Avenue commented that the property is currently an attractive nuisance with weeds, dilapidated buildings and rodents. He opined that the proposed development would be an improvement for the area. Staff received no written comment before or after the neighborhood Planning Commission Attachment 2 29 WZ-16-08/EFG Exhibit 7 — Neighborhood Meeting Sign -Up '0 4 l Z R r (L Lu w a a r - i ry� N 6 4 to Planning Commission Attachment 2 30 WZ-16-08/EFG i r3 nr t r C � a a) k N 6 4 to Planning Commission Attachment 2 30 WZ-16-08/EFG r, A I le N C7 d' L6 LD f� C6 TI- T- T- N N N N N CN N N N Planning Commission Attachment 2 31 W Z-16-08/EFG 7. PUBLIC HEARING A. Case No: WZ-16-48: An application filed by EnfinoFinance Group for approval of a zone change from Residential -Two (R-2) to Mixed Use Neighborhood (MU -N) for the property located at 4255 Yarrow Street. Ms. Reckert gave a short presentation regarding the Zone Change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner LEO asked if this project falls within the Urban Renewal Area. Ms. Reckert explained the Urban Renewal area is more towards Wadsworth and this property is just at the edge of it. This case was sent to the Urban Renewal Director and he had no comments. Commissioner DORSEY asked if there could be a street built to connect 42nd with Wadsworth. Ms. Reckert thought it highly unlikely that a street connection will be extended from Yarrow west to Ammons but there may be an opportunity for an extension to the east. Mr. Westberg concurred and added that a long range planning effort could be explored for an extension of 42nd Avenue from Wadsworth to Yarrow Street with a possible crossover signal. Commissioner DORSEY hoped this would alleviate some of the traffic. Commissioner BODEN asked about the possibility of a 35 -foot structure being built on the property and whether a 30 -foot buffer would impair Happiness Garden's sunlight. Ms. Reckert explained there have been and will continue to be conversations with the City Forester, Margaret Paget, who manages Happiness Garden's regarding the interface between the two properties. . Commissioner OHM inquired about the zoning on Happiness Gardens. Ms. Reckert replied that it is zoned Residential -Two (R-2). Commissioner OHM asked if Yarrow Street is a neighborhood main street commercial corridor. He wondered why this property being two lots deep should be rezoned to MU -N when compared to the 38'$ Corridor, which was rezoned to Planning Commission Minutes February 16, 2017 Attachment 3 -2— MU -N and is only one lot deep. He wonde ed. wbether a zone change to Residential -Three, (R-3) was considered. Ms. Reckert explained that 38m Avenue has different characteristics than 441 Avenue. While different zone change options were discussed with the applicant, the zone change to MU -N was more desirable because of the shorter processing time. . Commissioner OHM also asked about possible installation of a traffic light at Yarrow Street and 44' Avenue intemeotion. He expressed concern with sight distance at the intersection due to the retaining wall for the assisted living facility. He expressed additional concern for redirected traffic once construction on Wadsworth begins and the need for storm drainage improvements at the Wadsworth and 40a Avenue intersection. I*. Westberg stated there is no plan to extend the storm water drainage west on 44" Avenue but these are plans to remediate drainage issues at the 40/Wadsworth intersection. Cameron Bertron, EnviroFinance Group 4601 DTC Blvd. #130, Denver Mr. Bertron explained to the Cm:nmission that his group specializes in Brownfield redevelopment and remediation of contaminated sites and that they will be cleaning this site to a residential standard, whirr is more intensive than the commercial standard. Commissioner BODEN asked again about the 30 -foot buffer and sunlight. Mr. Bertron explained that there will be less of an impact from the structures on the site than the 30 -foot pine trees on the eastern side of Happiness Gardens. He also explained there will be nice open space transition to the open space on. Happiness Gardens. Discussion continued about potential traffic and drainage impacts from the site being developed. Commissioner WEAVER indicated ffid she is in support of the zonae change but th&t she understands the traffic congas. She is more concerned &b3ut the contamination on the site and feels it needs to be remediated in an appropriate way by a developer familiar with the procures. Commissioner OHM indicated his awareness of issues with remediation but is still concerned about traffic impacting the neighborhood. He also has concerns about mixed-use zoning being placed in neighborhoods instead of straight residential or plmned development zoning. Plar,mng Commission Minutes -3— February 3— Felruary 16, 2017 Pols. Reckert stated that because the site is over l -acre, it could not be rezoned to R- 3. The Planned Development process would take longer than the mixed-use zone change. Mr. Westberg added that the City will be asking for traffic impact study with the site plan and plat. It was moved by Commissioner B®DEN and seconded by Commissioner WEAVER to recommend approval of Case No. WZ-16-08, a request for approval of & zone cbwMe from Reddential°Two (R-2) to Mixed Use- Neighborhood seNeighborhood (SU -N) for property located at 4255 Farrow Street for the following reasanso 1. The proposed sone change will promote the public health, safety, and ' *dfaft-bf the community. 2. The proposed sone change is consistent with the gosh hnd objectives of the City's Comprehensive flan and the Wadsworth Subarea Plan. 3. The zone change will promote redevelopment and revitalisation of the property and may serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteria used to evaluate a zone change support the request. With the following condition: 1. Additional traffic information be submitted at the time of administrative site plan review to determine whether the installation of al traffic signal at the corner of 44th and Yarrow is warranted If it is warranted, the applicant will be responsible for the proportional share of the cost of such signal installation. Motion carried 4-1, with Commissioner OHM denying. B. Case No. MS -16-04: an application filed by Regency Centers for US Retail Partners for approval of a three -lot minor subdivision for property zoned Planned Commercial Development (PCA) located at approximately 3400 Youngfield Street. Ms. Reckert gave a short presentation regarding the Minor Subdivision and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the pubiic notice and posting requirements had been met, therefore the Planning Commission has jurisdiction to hear this case. Dan Dally, 12498 W 3541 Avenue, Wheat Ridge Planning Commission Minutes -4- February 4 - February 16, 2017 I,i Matrix ki DESIGN GROUP January 11, 2017 Mr. Cameron Bertron EnviroFnance Group, LLC 4601 DTC Blvd, Suite 130 Denver, CO 80237 Subject: 4255 Yarrow Development Preliminary Traffic Study Memo Dear Mr. Bertron: 16oi Blake Street, Suite 2oo Denver, Colorado 80202 303-572-0200 nnatrixdesig ngrou p . com This report memo has been prepared by Matrix Design Group as requested by EnviroFinance Group for the 4.5 -acre parcel adjacent to the Wilmore Davis Elementary School and Yarrow Street in Wheat Ridge, Colorado to determine the potential transportation impact of the proposed rezoning to The City of Wheat Ridge's MU -N zone district. The parcel being studied currently contains vacated greenhouse buildings and gravel drives, as shown on the ALTA Survey prepared by Contract Surveyors, LTD. As the proposed rezoning allows for a range of development outcomes, this analysis assumes a primarily residential development of between 70 and 95 units (townhomes and/or apartments in multiple buildings) to show a range of outcomes — generally bracketing a medium density and the maximum allowed by the proposed zone district. At such time as a specific site plan has been developed for the site, a more detailed analysis can be provided. Vehicular Access Most of the vehicular access to and from the site will be though the regional highway network of 1-70 and Wadsworth Blvd. (SH 121) east and north of the site. To a lesser extent Colfax (US 40) and 6th Avenue (US 6) will serve trips south of the site. Wadsworth Bid. as a major arterial roadway with four capacity lanes plus auxiliary and turn lane is a primary north/south connection to the regional network. Wadsworth Blvd. intersections with W 44th Ave., and W 41st Ave. that connect to the local roadways serving the site. W 44th Avenue is the closest east/west roadway to the site is transitioning from the Wadsworth traffic signal controlled intersection to a four lane main collector/minor arterial with four capacity lanes with no turn lanes. W 41 st Ave., south of the site, is a local street that intersects with Wadsworth Blvd. at a two-way stop condition. W 41 st Ave. intersects with Yarrow Court which serves the site. Two site access locations are assumed off Yarrow Street along the east property line. Yarrow Street is a local street with an approximate width of 33 feet, which supports two north/south lanes and on -street parking on both sides of the street. Yarrow St. is currently not striped and is stop controlled at the W. 44th Ave. intersection. Yarrow St. terminates at W 42nd Ave. in an elbow configuration. One site access is assumed off W 42nd Ave. west of an intersection with Yarrow Ct. Yarrow Ct. intersects with W 41st Avenue in a `T" configuration south of the site. Planned roadway improvements include the widening of Wadsworth Blvd to six capacity plus turn lanes. Future plans also include a traffic signal at the W 41st Avenue and Wadsworth Blvd. intersection. Pueblo Attachment 4 4255 Yarrow Street Development January 11, 2017 Page 2 Bicycle There are currently no dedicated bicycle facility in the vicinity of the site, however the Wadsworth Blvd. planning study and the City of Wheat Ridge Comprehensive Plan indicates Bike lanes on Wadsworth Blvd. and W 44th Avenue. Pedestrian There are currently attached sidewalks on the perimeter streets including Wadsworth Blvd., W 44th Ave., Yarrow St., and W 41st Ave. The Wheat Ridge Comprehensive Plan indicates sidewalks with buffer on Wadsworth Blvd. Transit Transit in the area includes RTD Bus service on; Wadsworth Blvd., W 44th Ave. and 38th Ave. In addition, the Gold Line commuter rail, approximately 1.5 miles from the site, provides service to downtown Denver and Ward Road in western Wheat Ridge. Trip Generation The vehicle trips associated with the proposed development were calculated using the Trip Generation Manual, 9th Edition, Institute of Transportation Engineers. Two land use scenarios are presented in the table below. The first scenario considers 40 apartment units and 55 townhouse units. The second scenario considers 70 townhouse units. The 40 apartment units and 55 townhouse units generates the most traffic between the two scenario with; 749 ADT and 57 AM peak hour, and 77 PM peak hour trips. The City of Wheat Ridge criteria indicates that a site generating more than 60 peak hour trips will require a Traffic Impact Study (TIS). The 70 townhouse units scenario is below the City criteria of 60 peak hour trips, however due to the proximity of Yarrow Street to Wadsworth the City may require a TIS to verify acceptable traffic conditions or the need for traffic mitigation measures. Proposed Development Parcel Land Use Type Intensity ITE Code Site Generated Trips AM I Daily Total I h Out I Total I PM In Out 1 Aparbnani 40 du's 220 366 241 5 19 40 26 14 2 Residential Condo/Tamhouse 55 du's 230 383 33 6 27 37 25 12 5 Total 749 57 11 46 77 • 51 26 Proensed Development Parcel Land Use Type Intensity Site Generated Trips RE AM I PM Coda Total I In I Out Total I In I Out 1 Residential Condo(rownhouse 70 du's 230 472 39 7 32 451 31 i 14 2 Total 472 39 7 32 451 31 14 C0,71 4255 Yarrow Street Development January 11, 2017 Page 3 CONCLUSIONS Expected transportation related improvements are attached sidewalk, curb ramps at entrance drives, and signing at access locations. in addition, signing and striping improvement along Yarrow St will likely be required. Please do not hesitate to contact me if you have any questions (303)226-7832. Sincerely, Matrix Design Group, Inc. eff Killion, PE Senior Engineer City of Wheat .E a N ITfNO: T ' 1VI March 13, 2017 QCT N TITLE: COUNCIL BILL NO. 03-2017 — AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4255 YARROW STREET FROM RESIDENTIAL—TWO (R-2) TO MIXED USE NEIGHBORHOOD (MU—N) (CASE NO. WZ-16- 08/ENVIROFIN E GROUP) ❑ PUBLIC HEARING ® O INANCES FOR 1 ST READING (03/13/2017) ❑ BIDS/MOTIONS ❑ INANCES FOR 2ND READING (04/10/2017) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES Community Development Director S • City Manager ISSUE: The applicant is requesting approval of a zone change from Residential -Two to Mixed Use Neighborhood (MU -N) for property located at 4255 Yarrow Street. The purpose of the rezoning is to modify and expand the list of permitted uses and to simplify the review and approval process for future redevelopment on the property. PRIOR ACTION: Planning Commission heard this request at a public hearing on February 16, 2017, and gave a recommendation of approval. The staff report and meeting minutes from that meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1,390 were collected for the review and processing of Case No. WZ-16-08. If the proposed rezoning is approved, there could be an advancement of the City's goals for the redevelopment of underutilized properties and increased housing choices in the community. Council Action Form — EnviroFinance Group March 13, 2017 Page 2 BACKGROUND: The site is located at 4255 Yarrow Street, south of 44' Avenue and west of Wadsworth Blvd. According to the Jefferson County Assessor, the property is 4.52 acres in size and is unplatted. The property contains a non -conforming greenhouse that was constructed in the 1940's, with minor modifications completed subsequently. The building is currently vacant. Both the building and site are generally in disrepair. The subject property is "L" -shaped and has roughly 400 feet of frontage along Yarrow Street and roughly 275 feet of street frontage along 42nd Avenue. The property has significant environmental contamination from the pesticides and fuel used by the greenhouse. The contamination will require remediation prior to any disturbance of soil on the site. West 44`h Avenue carries between 11,000 and 12,000 vehicles per day and land use on the corridor includes a variety of commercial, residential and multi -family uses. Investment along this portion of West 44`x' Avenue includes newer medical offices and most recently, completion of an assisted living community directly to the north. With regard to traffic impacts, based on trip generation information reviewed during the referral process, it has been determined that the local streets are adequate to support the rezoning request and a full traffic study was not required. Additional traffic analysis will be required during the administrative site plan review process, including further consideration of whether a traffic signal is warranted at 44d` and Yarrow. Surrounding Land Uses Surrounding properties include a variety of land uses. Immediately to the west is a parcel zoned Residential -Two (R-2) that contains a community garden, owned by the City of Wheat Ridge, known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single-family dwellings. The roughly one -acre property to the south is zoned R- 2 and contains a single family home. Beyond this to the south is Wilmore-Davis Elementary School and its associated play fields. Also on the southern side of the subject property are properties zoned R-2 that contain single-family homes. To the east is a multi -family property zoned Residential Three (R-3). Properties to the north front 44`x' Avenue and contain a variety of commercial businesses and are zoned Commercial -One (C-1). Current and Proposed Zoning The existing zoning on the property is Residential -Two (R-2) which allows low density single and two-family construction. The applicant is requesting the property be rezoned to Mixed Use — Neighborhood (MU -N) to allow the construction of a new multi -family housing development. The MU -N zoning allows a variety of residential, commercial and civic land uses. Multi -family development in the MU -N zone district is allowed at a density of up to 21 units per acre and a maximum height of 35 feet, consistent with the City Charter limitations. The MU -N zone district has been established for locations along neighborhood main streets and at neighborhood commercial centers. It was established to encourage medium to high density mixed Council Action Form — EnviroFinance Group March 13, 2017 Page 3 use development. As there are a wide variety of land uses in the surrounding area, a zone change to MU -N at this location could provide an appropriate transition from the more intense commercial land uses along 44th Avenue to the single-family homes to the south. Staff believes multi -family residential redevelopment of the property is appropriate and consistent with applicable policy documents adopted by the City. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site development. RECOMMENDED MOTION: "I move to approve Council Bill No. 03-2017, an ordinance approving the rezoning of property located at 4255 Yarrow Street from Residential -Two (R-2) to Mixed Use — Neighborhood (MU -N) on first reading, order it published, public hearing set for Monday, April 10, 2017, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 03-2017 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 03 ORDINANCE NO. Series of 2017 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4255 YARROW STREET FROM RESIDENTIAL - TWO (R-2) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-16-08/ENVIROFINANCE GROUP) 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, EnviroFinance Group, LLC 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 4255 Yarrow Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan – Envision Wheat Ridge — which calls for the redevelopment of and reinvestment in underutilized properties; and, WHEREAS, The City of Wheat Ridge has adopted the Wadsworth Corridor Plan which designates the property as Medium High Density Residential; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 16, 2017 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 EnviroFinance Group, LLC for approval of a zone change ordinance from Residential –Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4255 Yarrow Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL A: THAT PART OF THE NEORTHWEST 1/ OF THE NORTHEAST'/ OF THE SOUTHWEST'/4 SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH BEARS NORTH [00'15'28] EAST, 160 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST'/ ON THE WEST LINE THEREOF; THENCE NORTH ALONG THE EAST LINE OF SAID NORTHEWEST'/4 DISTANCE OF [234] FEET; THENCE EAST PARALLEL TO Attachment 1 THE SOUTH BOUNDARY OF SAID NORTHWEST'/ TO THE WEST BOUNDARY LINE YARROW STREET AS DESCRIBED IN INSTRUMENT RECORDED DECEMBER 4, 1961 IN BOOK [1429] AT PAGE [526], JEFFERSON COUNTY RECORDS; THENCE SOUTH [00 '17' '44'] WEST ALONG THE WEST LINE OF YARROW STREET TO A POINT [15] FEET NORTH OF THE SOUTH BOUNDARY LINE OF SAID NORTHWEST 1/4; THENCE TO THE RIGHT ALONG THE ARC OF A CURVE, HAVING A RADIUS OF [15] FEET, A DISTANCE OF [23.56] FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST [1/4]; THENCE NORTH [89 "47 ` 19"] WEST ALONG THE SOUTH LINE OF SAID NORTHWEST'/ A ISTANCE OF [260.72 FEET; THENCE NORTH PARALLEL TO THE WEST BOUNDARY LINE OF SAID NORTHWEST'/4 A DISTANCE OF [160] FEET; THENCE WEST AND PARALLEL TO THE SOUTHERLY LINE OF SAID NORTHWEST'/4A DISTANCE OF [358] FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL B: ACCESS AND EASEMENT MAINTENANCE EASEMENTS AS GRANTED AND SET FORTH IN THE WARRANTY DEED RECORDED [AUGUST 26, 1976] IN BOOK [2894] AT PAGE [513]. SUBJECT TO ALL RIGHTS OF WAY AND EASEMENTS OF RECORD. PARCEL C: THAT PART OF THE NEORTHWEST'/4 OF THE NORTHEAST'/4 OF THE SOUTHWEST'/ SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4 AND FOLLOWING THE WEST LINE THEREOF NORTH [015'28] EAST A DISTANCE OF [394.00] FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE RECORDED AUGUST 26, 19761N BOOK [2894] AT PAGE [513], SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE CHARLES GRAUL JR. MINOR SUBDIVISION; THENCE SOUTH [89 " 47 " 19"] EAST ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED AUGUST 26, 19761N BOOK [2894] AT PAGE [513] A DISTANCE OF [104.15] FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID PARCEL SOUTH [89 " 47 ' 19'] EAST A DISTANCE OF [529.99] FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF YARROW STREET; THENCE FOLLOWING THE WEST RIGHT OF WAY LINE OF YARROW STREET NORTH [0 "17'44"1 EAST A DISTANCE OF [7.10] FEET TO THE SOUTHEAST CORNER OF THE CHARLES GRAUL JR. MINOR SUBDIVISION; THENCE FOLLOWING THE SOUTH LINE OF THE CHARLES GRAUL JR. MINOR SUBDIVISION NORTH [89 " 47'52'] WEST A DISTANCE OF [530.0] FEET; THENCE SOUTH [ 0 " 15 ` 28 `] WEST A DSITANCE OF [7.02] FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF JEFFERSON, STATE OF COLORADO PARCEL D: NON-EXCLUSIVE EASEMENT FOR SEWER LINE AS GRANTED AND SET FORTH IN EASEMENT AGREEMENT RECORDED MAY 18, 2009 UNDER RECEPTION NO. 2009044993. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 13th day of March 2017, ordered it published with Public Hearing and consideration on final passage set for Monday, April 10, 2017 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2017. SIGNED by the Mayor on this day of 2017. ATTEST: Joyce Jay, Mayor Attachment 1 Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: 7850 W 44TH AVENUE LLC ANDERSON DAVID C ANDERSON IRENA ANEMA MARK A 6143 S WILLOW DR 300 4236 AMMONS ST 2525 ELDRIDGE CIR GREENWOOD VILLAGE CO 80111 WHEAT RIDGE CO 80033 GOLDEN CO 80401 BAUMANN DEBRA WALDEN LINDA VALENTE PAULA 8661 W 95TH DR WESTMINSTER CO 80021 CHAPMAN DIANE LEA CHAPMAN STEVEN H 4175 YARROW CT WHEAT RIDGE CO 80033 DAMASHEK ROBERT PO BOX 460610 AURORA CO 80046 BULL POINT INVESTMENT LLC 10 THREE ACRE LN WHEAT RIDGE CO 80033 CHAR ROSE TOWNHOMES LLC 4200 YARROW ST 19 WHEAT RIDGE CO 80033 DAWN PROPERTIES LLC 8790 W COLFAX AVE 103 LAKEWOOD CO 80215 EHRMAN JACK A LIFE ESTATE EHRMAN ANN GRANT G BRAD GRANT BECKY J GRANT T LIFE ESTATE CHARLES A JR 4216 AMMONS ST 3948 LEE CIR WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 HAVER ROBERT T 1R HAVER SUSAN ALEXANDER 7955 W 42ND AVE WHEAT RIDGE CO 80033 HUNSAKER JAMES D HUNSAKER CATHLEEN 4250 AMMONS ST WHEAT RIDGE CO 80033 JESKEWITZ JERALD C JESKEWITZ DONNA J 4280 AMMONS ST WHEAT RIDGE CO 80033 KNUTSON CHRISTOPHER R KNUTSON KATHY M 4150 YARROW CT WHEAT RIDGE CO 80033 HOMFRAY CREEK DEVELOPMENT LLC L&L COINS PO BOX 12208 DENVER CO 80212 JDB LLC PO BOX 40875 DENVER CO 80204 KAISER DAVID J KAISER TAMARA K 7765 THREE ACRE LN WHEAT RIDGE CO 80033 LAKESIDE CONGREGATION OF JEHOVAHS WITNESS 7769 W 44TH AVE WHEAT RIDGE CO 80033 CARROLL SHARON PER REP BAUMERT RONALD S PER REP 8661 W 95TH DR WESTMINSTER CO 80021 DENALI PROPERTY GROUP LLC 6254 NOBLEST ARVADA CO 80403 HARROLD KIM BUSING RANDALL B 7975 W 44TH AVE WHEAT RIDGE CO 80033 HOY JAMES F MONSON JANET L PO BOX 234 WHEAT RIDGE CO 80034 JEFFERSON COUNTY SCHOOL DIST R1 1829 DENVER WEST DR GOLDEN CO 80401 KEOSK LLC 19513 W 54TH PL GOLDEN CO 80403 LOECHER ROGER LOECHER EILEEN PO BOX 12208 DENVER CO 80212 LOECHER ROGER P MARQUEZ INEZ MARQUEZ ROSA M NORMAN'S MEMORIALS INC 5500 W 44TH AVE 4370 AMMONS ST 7805 W 44TH AVE DENVER CO 80212 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 OMI SHELDON R OMI THERISA K PATRICK NICHOLS ASSOCIATES LLC PEREZ PATRICIA HAMAN LILLIAN A TRUSTEE 7910 W 41ST AVE 8190 W 67TH AVE 4155 YARROW CT WHEAT RIDGE CO 80033 ARVADA CO 80004 WHEAT RIDGE CO 80033 PERSCHBACHER MICHAEL F PERSCHBACHER BERNADETTE 1 4300 AMMONS ST WHEAT RIDGE CO 80033 ROFRANO ROCCO J ROFRANO ROCCO J JR 4174 YARROW CT WHEAT RIDGE CO 80033 SILVEY PRESTON SCOTT SILVEY LINDSEY 4160 YARROW CT WHEAT RIDGE CO 80033 WEST SUBURBAN DENTAL COMPLEX OFFICE OWNERS ASSOCIATION INC 7900 W 44TH AVE 1 WHEAT RIDGE CO 80033 YARROW LLC PO BOX 16507 DENVER CO 80216 RESIAK 8 LTD 7765 W THREE ACRE LN B WHEAT RIDGE CO 80033 SANDRA LOUISE MCKENZIE REVOCABLE TRUST SANDRA L MCKENZIE 1651 CORSICA DR WELLINGTON FL 33414 SOLIS ARNULFO 7900 W 44TH AVE 6 WHEAT RIDGE CO 80033 WHEAT RIDGE DAIRY CAFE LLC PO BOX 518 EVERGREEN CO 80437 RITTER CHARLES E RITTER BROOKE R 3748 QUAIL ST WHEAT RIDGE CO 80033 SCHERBER JOSEPH P 8010 W 44TH AVE WHEAT RIDGE CO 80033 T C LAND LLC 2122 S CLAYTON ST DENVER CO 80210 WILLIAM J & MICHELLE G LUCE LLC 9362 APACHE RD LONGMONT CO 80504 City ®f dgc WIL, bat POSTING CERTIFICATION CASE NO. `.V Z - I (e --Cp R PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: H - 1 C) - I q I, (n am e) residing at C,l� �`} e,, p�� LD (address) as the applicant for Case No. C)'2 , hereby certify that I have posted the Notice of Public Hearing at (location) 4Aon this 2`1 day of V�l�G\ , 20 l� , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in 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. MAF T City of (!/ � h6atd��cge i PUBLIC HEARING POSTING REQUIREMENTS Applicants are required to post a NOTICE OF PUBLIC HEARING before all Board of Adjustment, Planning Commission and City Council meetings. Signs will be provided by the Community Development Department. One sign must be posted per street frontage. In addition, the following requirements must be met: The sign must be located within the property boundaries. The sign must be securely mounted on a flat surface. The sign must be elevated a minimum of thirty (30) inches from ground. The sign must be visible from the street without obstruction. The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of public hearing. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form at the public hearing. Ir7l .."iwt IT, 16 Jik� Yi gF �7. 1. ILI • Matrix1,k�i DESIGN GROUP �q , January 11, 2017 Mr. Cameron Bertron EnviroFinance Group, LLC 4601 DTC Blvd, Suite 130 Denver, CO 80237 Subject: 4255 Yarrow Development Preliminary Traffic Study Memo Dear Mr. Bertron: i6oi Blake Street, Suite 200 Denver, Colorado 80202 303-572-0200 matrixdesigngroup.com This report memo has been prepared by Matrix Design Group as requested by EnviroFinance Group for the 4.5 -acre parcel adjacent to the Wilmore Davis Elementary School and Yarrow Street in Wheat Ridge, Colorado to determine the potential transportation impact of the proposed rezoning to The City of Wheat Ridge's MU -N zone district. The parcel being studied currently contains vacated greenhouse buildings and gravel drives, as shown on the ALTA Survey prepared by Contract Surveyors, LTD. As the proposed rezoning allows for a range of development outcomes, this analysis assumes a primarily residential development of between 70 and 95 units (townhomes and/or apartments in multiple buildings) to show a range of outcomes — generally bracketing a medium density and the maximum allowed by the proposed zone district. At such time as a specific site plan has been developed for the site, a more detailed analysis can be provided. Vehicular Access Most of the vehicular access to and from the site will be though the regional highway network of 1-70 and Wadsworth Blvd. (SH 121) east and north of the site. To a lesser extent Colfax (US 40) and 6th Avenue (US 6) will serve trips south of the site. Wadsworth Bld. as a major arterial roadway with four capacity lanes plus auxiliary and turn lane is a primary north/south connection to the regional network. Wadsworth Blvd. intersections with W 44th Ave., and W 41 st Ave. that connect to the local roadways serving the site. W 44th Avenue is the closest east/west roadway to the site is transitioning from the Wadsworth traffic signal controlled intersection to a four lane main collector/minor arterial with four capacity lanes with no turn lanes. W 41 st Ave., south of the site, is a local street that intersects with Wadsworth Blvd. at a two-way stop condition. W 41 st Ave. intersects with Yarrow Court which serves the site. Two site access locations are assumed off Yarrow Street along the east property line. Yarrow Street is a local street with an approximate width of 33 feet, which supports two north/south lanes and on -street parking on both sides of the street. Yarrow St. is currently not striped and is stop controlled at the W. 44th Ave. intersection. Yarrow St. terminates at W 42nd Ave. in an elbow configuration. One site access is assumed off W 42nd Ave. west of an intersection with Yarrow Ct. Yarrow Ct. intersects with W 41st Avenue in a "T' configuration south of the site. Planned roadway improvements include the widening of Wadsworth Blvd to six capacity plus turn lanes. Future plans also include a traffic signal at the W 41st Avenue and Wadsworth Blvd. intersection. 4255 Yarrow Street Development January 11, 2017 Page 2 Bicycle There are currently no dedicated bicycle facility in the vicinity of the site, however the Wadsworth Blvd. planning study and the City of Wheat Ridge Comprehensive Plan indicates Bike lanes on Wadsworth Blvd. and W 44th Avenue. Pedestrian There are currently attached sidewalks on the perimeter streets including Wadsworth Blvd., W 44th Ave., Yarrow St., and W 41st Ave. The Wheat Ridge Comprehensive Plan indicates sidewalks with buffer on Wadsworth Blvd. Transit Transit in the area includes RTD Bus service on; Wadsworth Blvd., W 44th Ave. and 38th Ave. In addition, the Gold Line commuter rail, approximately 1.5 miles from the site, provides service to downtown Denver and Ward Road in western Wheat Ridge. Trip Generation The vehicle trips associated with the proposed development were calculated using the Trip Generation Manual, 9th Edition, Institute of Transportation Engineers. Two land use scenarios are presented in the table below. The first scenario considers 40 apartment units and 55 townhouse units. The second scenario considers 70 townhouse units. The 40 apartment units and 55 townhouse units generates the most traffic between the two scenario with; 749 ADT and 57 AM peak hour, and 77 PM peak hour trips. The City of Wheat Ridge criteria indicates that a site generating more than 60 peak hour trips will require a Traffic Impact Study (TIS). The 70 townhouse units scenario is below the City criteria of 60 peak hour trips, however due to the proximity of Yarrow Street to Wadsworth the City may require a TIS to verify acceptable traffic conditions or the need for traffic mitigation measures. P oposed Development Parcel Land Use Type Intensity ITE Code Daily Site Generated Trips AM Total I In I Out TotalM PM 1 1 A artment 40 du's 220 366 24 5 19 40 2 Residential Condo/Townhouse 55 du's 230 383 33 6 27 37 3 4 5 Total 749 57 11 46,7 Proposed Development Parcel Land Use Type Intensity ITE Code Site Generated Trips AM PM Daity Total I In I Out Total In Out 1 Residential Condo/Townhouse 70 du's 230 472 39 7 32 45 31 14 2 Total 472 39 7 32 45 31 14 4255 Yarrow Street Development January 11, 2017 Page 3 CONCLUSIONS Expected transportation related improvements are attached sidewalk, curb ramps at entrance drives, and signing at access locations. In addition, signing and striping improvement along Yarrow St will likely be required. Please do not hesitate to contact me if you have any questions (303)226-7832. Sincerely, Matrix Design Group, Inc. Jeff Killion, PE Senior Engineer 7. PUBLIC HEARING A. Case No: WZ-16-08: An application filed by EnfiroFinance Group for approval of a zone change from Residential -Two (R-2) to Mixed Use Neighborhood (MU -N) for the property located at 4255 Yarrow Street. Ms. Reckert gave a short presentation regarding the Zone Change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner LEO asked if this project falls within the Urban Renewal Area. Ms. Reckert explained the Urban Renewal area is more towards Wadsworth and this property is just at the edge of it. This case was sent to the Urban Renewal Director and he had no comments. Commissioner DORSEY asked if there could be a street built to connect 42nd with Wadsworth. Ms. Reckert thought it highly unlikely that a street connection will be extended from Yarrow west to Ammons but there may be an opportunity for an extension to the east. Mr. Westberg concurred and added that a long range planning effort could be explored for an extension of 42nd Avenue from Wadsworth to Yarrow Street with a possible crossover signal. Commissioner DORSEY hoped this would alleviate some of the traffic. Commissioner BODEN asked about the possibility of a 35 -foot structure being built on the property and whether a 30 -foot buffer would impair Happiness Garden's sunlight. Ms. Reckert explained there have been and will continue to be conversations with the City Forester, Margaret Paget, who manages Happiness Garden's regarding the interface between the two properties. . Commissioner OHM inquired about the zoning on Happiness Gardens. Ms. Reckert replied that it is zoned Residential -Two (R-2). Commissioner OHM asked if Yarrow Street is a neighborhood main street commercial corridor. He wondered why this property being two lots deep should be rezoned to MU -N when compared to the 38h Corridor, which was rezoned to Planning Commission Minutes -2— February 2— February 16, 2017 MU -N and is only one lot deep. He wondered whether a zone change to Residential -Three, (R-3) was considered. Ms. Reckert explained that 38th Avenue has different characteristics than 441h Avenue. While different zone change options were discussed with the applicant, the zone change to MU -N was more desirable because of the shorter processing time. . Commissioner OHM also asked about possible installation of a traffic light at Yarrow Street and 44a' Avenue intersection. He expressed concern with sight distance at the intersection due to the retaining wall for the assisted living facility. He expressed additional concern for redirected traffic once construction on Wadsworth begins and the need for storm drainage improvements at the Wadsworth and 44th Avenue intersection. Mr. Westberg stated there is no plan to extend the storm water drainage west on 44P Avenue but there are plans to remediate drainage issues at the 44'h/Wadsworth intersection. Cameron Bertron, EnviroFinance Group 4601 DTC Blvd. #130, Denver Mr. Bertron explained to the Commission that his group specializes in Brownfield redevelopment and remediation of contaminated sites and that they will be cleaning this site to a residential standard, which is more intensive than the commercial standard. Commissioner BODEN asked again about the 30 -foot buffer and sunlight. Mr. Bertron explained that there will be less of an impact from the structures on the site than the 30 -foot pine trees on the eastern side of Happiness Gardens. He also explained there will be nice open space transition to the open space on Happiness Gardens. Discussion continued about potential traffic and drainage impacts from the site being developed. Commissioner WEAVER indicated that she is in support of the zone change but that she understands the traffic concerns. She is more concerned about the contamination on the site and feels it needs to be remediated in an appropriate way by a developer familiar with the procedures. Commissioner OHM indicated his awareness of issues with remediation but is still concerned about traffic impacting the neighborhood. He also has concerns about mixed-use zoning being placed in neighborhoods instead of straight residential or planned development zoning. Planning Commission Minutes -3— February 3— February 16, 2017 Ms. Reckert stated that because the site is over 1 -acre, it could not be rezoned to R- 3. The Planned Development process would take longer than the mixed-use zone change. Mr. Westberg added that the City will be asking for traffic impact study with the site plan and plat. It was moved by Commissioner BODEN and seconded by Commissioner WEAVER to recommend approval of Case No. WZ-16-08, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use - Neighborhood (MU -N) for property located at 4255 Yarrow Street for the following reasons: 1. The proposed zone change will promote the public health, safety, and Welfare -of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and the Wadsworth Subarea Plan. 3. The zone change will promote redevelopment and revitalization of the property and may serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteria used to evaluate a zone change support the request. With the following condition: 1. Additional traffic information be submitted at the time of administrative site plan review to determine whether the installation of a traffic signal at the corner of 44th and Yarrow is warranted. If it is warranted, the applicant will be responsible for the proportional share of the cost of such signal installation. Motion carried 4-1, with Commissioner OHM denying. B. Case No. MS -16-04: an application filed by Regency Centers for US Retail Partners for approval of a three -lot minor subdivision for property zoned Planned Commercial Development (PCD) located at approximately 3400 Youngfield Street. Ms. Reckert gave a short presentation regarding the Minor Subdivision and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements had been met, therefore the Planning Commission has jurisdiction to hear this case. Dan Daly, 12498 W 35th Avenue, Wheat Ridge Planning Commission Minutes February 16, 2017 -4— t. r City of `WheatIge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: February 16, 2017 CASE NO. & NAME: WZ-16-08/EnviroFinance Group (EFG) ACTION REQUESTED: Approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) LOCATION OF REQUEST: 4255 Yarrow Street PROPERTY OWNER: JDB, LLC APPROXIMATE AREA: 4.52 acres PRESENT ZONING: Residential -Two (R-2) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a zone change from Residential -Two (R-2) to Mixed Use — Neighborhood (MU -N) for property located at 4255 Yarrow Street. The zone change is the first step of the process for approval for redevelopment of this site under MU -N zoning. If approved, and prior to any construction, a site development plan review will be required to confirm compliance with the city zoning code and the Architectural and Site Design Manual. These reviews would be administrative with no additional public hearings required. The purpose of the rezoning is to modify the list of uses and to simplify the review and approval process for future development on the property. (Exhibit 1, Applicant Letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The site is located at 4255 Yarrow Street, south of 44th Avenue and west of Wadsworth Blvd. According to the Jefferson County Assessor, the property is 4.52 acres in size and is unplatted. (Exhibit 2, Aerial Photo) The property contains a non -conforming greenhouse that was constructed in the 1940's, with minor modifications completed subsequently. The building is currently vacant. The subject property is "L" -shaped and has roughly 400 feet of street frontage along Yarrow Street and roughly 275 feet of street frontage along 42nd Avenue. (Exhibit 3 — ALTA survey) The property is currently contaminated due to pesticides and fuel used with the prior greenhouse use. The contamination will have to be remediated prior to any disturbance of soil on the site (Exhibit 4, Site Photos) Surrounding properties include a variety of land uses. Immediately to the west is a parcel zoned Residential -Two (R-2) that contains an urban garden, owned by the City of Wheat Ridge, known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single-family dwellings. The roughly 1 -acre property to the south is zoned R-2 and contains a single family home. Beyond this to the south is Wilmore-Davis Elementary School and its associated play fields. Also on the southern side of the subject property are properties zoned R-2 that contain single-family homes. To the east is a multi -family property zoned Residential Three (R-3). Properties to the north front 44th Avenue, containing a variety of commercial businesses, are zoned Commercial -One (C-1). A new assisted living facility was recently completed at the southwest corner of 44th and Yarrow Street. (Exhibit 5, Zoning Map III. PROPOSED ZONING The existing zoning on the property is Residential -Two (R-2) which allows low density single and two family construction. The applicant is requesting the property be rezoned to Mixed Use — Planning Commission 2 WZ-16-08/EFG Neighborhood (MU -N) to allow the construction of a new multi -family housing development. The MU -N zoning allows a variety of residential, commercial and civic land uses. Multi -family development in the MU -N zone district is allowed at a density of up to 21 units per acre, consistent with the City Charter limitations. The MU -N zone district has been established for locations along neighborhood main streets and at neighborhood commercial centers. It was established to encourage medium to high density mixed use development. As there is a wide variety of land uses in the surrounding area, a zone change to MU -N at this location could provide an appropriate transition from more intense commercial land uses along 44th Avenue to the single-family homes to the south. Staff believes multi -family residential redevelopment of the property is appropriate and consistent with applicable policy documents adopted by the City. In addition to residential and civic uses, the MU -N zone district allows for a wide range of commercial and retail uses. The applicant has indicated that the property is not suitable for commercial land uses due to its lack of visibility and frontage on 44th Avenue. This is articulated in the applicant's submittal letter labeled as Exhibit 1. The following table compares the existing R-2 zoning and proposed MU -N zoning for the property. Development R-2 zoning MU -N zoning Standard Uses Single family Residential and commercial uses and two family (office, service and retail, residential restaurant) including multi- family and live/work facilities Architectural None Mixed Use development Standards standards specified in zone district — similar to ASDM Max. Building Height 35' 35' for any building having a residential use; 50' for any building having a commercial use Max. Lot Coverage 40% 85% to 90% Min. Landscaping N/A Mixed use — 10% Single use - 15% Min. Front Setback 25' 0' — 20' build to If the rezoning is approved, the applicant would then submit for administrative plan review and plat. The design for the property would be held to the standards set forth in the zoning code and the architectural and site design standards contained in the Mixed- Use zone district regulations. Planning Commission 3 WZ-16-08/EFG IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.D.2. 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 significant adverse effects on the surrounding area. The change of zone promotes the health, safety, and general welfare of the community and will not result in significant adverse effects on the surrounding area. The property is currently unmaintained with dilapidated buildings and various code violations including weeds and the presence of vermin. The MU -N zoning is expected to add value to the subject property and to the surrounding community. The mixed use development standards will promote compatibility between future development and existing surrounding land uses including building stepbacks and buffering. With regard to traffic impacts, based on trip generation information reviewed during the referral process, it has been determined that the local streets are adequate to support the rezoning request and a full traffic study was not required. Additional traffic analysis will be required during the administrative site plan review process, including further consideration of whether a traffic signal might be warranted at 44h and Yarrow. While staff does not believe that a traffic signal will be warranted based on the densities allowed under MU -N zoning, staff is recommending a condition of approval noting that if warranted, the applicant will be responsible for the proportional share of the cost of such signal installation. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property with improvements installed at the developer's expense. Prior to issuance of a building permit, an administrative site development plan application will be required and referred to all impacted utility and service agencies 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. Planning Commission 4 WZ-16-08/EFG P The proposed zoning is consistent with the policies and goals in the City's comprehensive plan Envision Wheat Ridge which was adopted in.2009. The Structure Plan map in Envision Wheat Ridge illustrates the community's vision by classifying different types of development areas and transportation corridors. The Structure Plan for this area depicts W. 44th Avenue as a Neighborhood Commercial Corridor (shown as pink dots) transitioning into Neighborhood to the south (represented by yellow). Goals identified for Neighborhood Commercial Corridors include: • Encouraging improvement of underutilized properties. • Increasing housing options • Ensuring quality design for development and redevelopment • Redevelopment and reinvestment in underutilized areas with denser, high quality development. Site The category of Neighborhood are areas typically bounded by arterial and collector streets. Envision Wheat Ridge further breaks down the definition of Neighborhood to identify Stable Neighborhoods and Areas for Revitalization. Revitalization areas are generally over one-half an acre in size and have pockets of property that might benefit from reinvestment. Many times these properties require special attention due to dilapidated structures, code enforcement issues, incompatible uses and safety. Happiness Gardens to the west of the subject property is shown in green as Parks and Open Space. Further to the east, is the Wadsworth Corridor designated in red. Planning Commission 5 WZ-16-08/EFG Goals met with the proposal include the redevelopment of and reinvestment in underutilized properties with denser, high quality development. Development of the site will eliminate an attractive nuisance and allow new housing choices for existing residents and those coming to the City of Wheat Ridge. The property is also located on the western edge of the Wadsworth Subarea Corridor Plan where it is designated as Medium High Density Residential in the Recommended Land Use map. "74 =4 7 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 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. West 44th Avenue carries between 11,000 and 12,000 vehicles per day and land use on the corridor includes a variety of commercial, residential and multi -family uses. Investment has been realized along this portion of West 44th Avenue that includes newer medical offices and most recently, completion of an assisted living community directly to the north. The zone change will promote reuse and redevelopment of the property, which could act as a catalyst for additional redevelopment and property investment in the area. Staff concludes that this criterion has been met. Planning Commission 6 WZ-16-08/EFG 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 is consistent with the Comprehensive Plan and other supporting documents; therefore this criterion is not applicable. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on December 15, 2016. In addition to the applicants, roughly 10 persons were in attendance. Discussion topics are addressed in the neighborhood meeting notes. (Exhibits 6 and 7, Neighborhood Meeting Notes and Sign-up sheets) VI. AGENCY REFERRAL All affected City departments and 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 Parks and Recreation Department: No specific comments at this time. If the application moves forward, they will work with Planning staff and the applicant to discuss interface between Happiness Gardens and the proposed development. Wheat Ridge Police Department: Has no issues with the zone change. Wheat Ridge Public Works: Has no comments regarding drainage at this time. A drainage plan will be required to be reviewed as part of the site plan and plat processes. Preliminary traffic information has been reviewed by Public Works. Additional traffic information will be required at the time of administrative site plan review. Wheat Ridge Sanitation District: No objections. Can serve the property with an existing line in Yarrow Xcel Energy: No objections. Comments received relate only to the zone change request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. Planning Commission 7 WZ-16-08/EFG VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan and the Wadsworth Subarea Plan. The zone change will promote redevelopment and revitalization of the property and may serve as a catalyst for other property redevelopment or improvements in the area. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-16-08 with one condition included in the recommended motion.. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ-16-08, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use — Neighborhood (MU -N) for property located at 4255 Yarrow Street for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and the Wadsworth Subarea Plan. 3. The zone change will promote redevelopment and revitalization of the property and may serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteria used to evaluate a zone change support the request. With the following condition: 1. Additional traffic information be submitted at the time of administrative site plan review to determine whether the installation of a traffic signal at the corner of 44th and Yarrow is warranted. If it is warranted, the applicant will be responsible for the proportional share of the cost of such signal installation." Option B• "I move to recommend DENIAL of Case No. WZ-16-08, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use — Neighborhood (MU -N) for property located at 4255 Yarrow Street for the following reasons: Planning Commission 8 WZ-16-08/EFG Exhibit 1— Applicant letter Rezoning Application Written Request and Description of Proposal 4255 Yarrow St. Wheat Ridge, CO Current Zoning: R-2 Proposed Zoning: MU -N Background: 4255 Yarrow Street is a 4.52 acre parcel of land, currently zoned R-2 and occupied by a 106,000 square foot greenhouse. Following decades of productive use as greenhouse growing flowers, landscaping, and produce, the property now sits vacant and blighted. Compromised by environmental contamination, the property is no longer viable as a greenhouse or re -developable consistent with the underlying zoning. EnviroFinance Group, LLC (applicant) is under contract to acquire the property from the current owner, JDB, LLC, and proposes to redevelop the subject property into a medium density residential development, comprised of townhomes or a mix of townhomes and a small apartment or mixed-use building, consistent with the City of Wheat Ridge's Comprehensive Plan, the Wadsworth Corridor Subarea Plan, and the proposed Mixed Use — Neighborhood zone district (MU -N). Response to zone change review criteria #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. Consistent with the adopted Wadsworth Corridor Subarea Plan, the change of zone will allow for medium density residential development and/or a mix of neighborhood serving commercial development; thereby creating a balanced mix of land uses. The added density will help support a sustainable and resilient local economy along W. 44th Ave. and Wadsworth Blvd., while maintaining the character and integrity of adjacent residential neighborhoods. Immediately adjacent to two key commercial corridors, a neighborhood school, and a community garden, this change of zone will enable opportunities for unique places for people to live, work, shop, and play; as well as promote use by pedestrians, bicyclists, and transit users; and encourage active lifestyles. As such, 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 location of the property, between a single-family residential neighborhood to the south and west and two commercial corridors to the north and east, makes it an ideal candidate for MU -N zoning, helping to create the zone of transition contemplated by City plans. MU -N zoning allows the property to achieve many of the City's goals while protecting the character of the surrounding single-family neighborhood. Adding residential density achieves the goal of transitioning height from Main Street or Neighborhood Commercial Corridors to single-family neighborhoods, and provides new households to support the commercial activity of the corridors, Planning Commission 9 WZ-16-08/EFG as well as the nearby school and gardens. Encouraging residential density within walking distance to commercial corridors also helps alleviate traffic congestion. While higher density residential development is the central objective of MU -N zoning, it also allows for commercial uses. Practically speaking, the location of the property fronting along Yarrow Street (as opposed to frontage along 44th or Wadsworth) means that commercial development on the property is very unlikely. This is especially true now that 7850 West 44th Avenue (the adjoining property at the corner of 44th and Yarrow) has been developed as assisted living. Nevertheless, to protect against potential negative impacts from commercial uses on surrounding properties, MU -N zoning has built in use restrictions, excluding uses such as storage, warehouse, industrial, and large retail; as well as providing guidance and requirements on design elements. Should a commercial use be viable in this location, these requirements help to ensure development is consistent with community expectations and set parameters for density, height, setbacks, open space, and more. To that end, the potential for commercial development on the property is likely limited to smaller neighborhood serving retail, such as a coffee shop, integrated into the ground floor of a multi -family development. A commercial use such as this can be integrated into the site plan and serve both the residents of this property, as well as surrounding neighbors and offices. Finally, the change of zoning will encourage reinvestment in and redevelopment of a contaminated, blighted property and eliminate the negative impacts on the surrounding residential and commercial property. As such, the proposed change of zone is a sensible step towards preserving the public health, safety, and general welfare of the citizens of Wheat Ridge, and a proactive step to support the positive planned growth of W. 44th Ave. and Wadsworth Blvd. Response to zone change review criteria #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. Applicant confirms that 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. Dry Utilities: The site is currently served by electricity and gas (Xcel). Water and Sanitation: The Wheat Ridge Water District and Wheat Ridge Sanitation District have confirmed there is adequate infrastructure to support a 10-21 unit per acre mixed-use project. An extension of a sewer line down Yarrow St. may be necessary and will be accommodated as part of development. Transportation: Vehicular — Most of the vehicular access to and from the site will be though the regional highway network of I-70 and Wadsworth Blvd. (SH 12 1) east and north of the site. To a lesser extent Colfax (US 40) and 6th Avenue (US 6) will serve trips south of the site. Planning Commission 10 WZ-16-08/EFG Wadsworth Blvd. as a major arterial roadway with four capacity lanes plus auxiliary and turn lanes is a primary north/south connection to the regional network. Wadsworth Blvd. intersects with W. 44th Ave. and W. 41 st Ave. which connect to the local roadways serving the site. W. 44th Ave. is the closest east/west roadway to the site and transitions from the Wadsworth traffic signal controlled intersection to a four lane main collector/minor arterial with four capacity lanes and no turn lanes. W. 41 st Ave., south of the site, is a local street that intersects with Wadsworth Blvd. at a two-way stop condition. W. 41 st Ave. intersects with Yarrow Court which serves the site. Two site access locations are anticipated off Yarrow Street along the east property line. Yarrow Street, a local street with an approximate width of 33 feet, supports two north/south lanes and on -street parking on both sides of the street. Yarrow St. is currently not striped and is stop controlled at the W. 44th Ave. intersection. Yarrow St. terminates at W. 42nd Ave. in an elbow configuration. One site access is proposed off W. 42nd Ave. west of an intersection with Yarrow Ct. Yarrow Ct. intersects with W. a "T" configuration south of the site. Planned City roadway improvements include the widening of Wadsworth Blvd. to six capacity plus turn lanes. Future plans also include a traffic signal at the W. 41 st Avenue and Wadsworth Blvd. intersection. Bicycle — There are currently no dedicated bicycle facility in the vicinity of the site, however the Wadsworth Blvd. planning study and the City of Wheat Ridge Comprehensive Plan indicates Bike lanes on Wadsworth Blvd. and W. 44th Ave. Pedestrian — There are currently attached sidewalks on the perimeter streets including Wadsworth Blvd., W. 44th Ave., Yarrow St., and W. 41st Ave. The Wheat Ridge Comprehensive Plan indicates sidewalks with buffer on Wadsworth Blvd. Transit — Transit in the area includes RTD Bus service on Wadsworth Blvd., W. 44th Ave., and 38th Ave. In addition, the Gold Line commuter rail, approximately 1.8 miles from the site, provides service to downtown Denver and Ward Road in western Wheat Ridge. Trip Generation — Vehicle trips associated with the proposed change of zone were calculated by Matrix Design Group using the Trip Generation Manual, 9th Edition, Institute of Transportation Engineers. Two land use scenarios were assumed. The first scenario maxes out the allowable residential density and considers 40 apartment units and 55 townhouse units. The second "expected" scenario assumes a market driven outcome and considers 70 townhouse units. The 40 apartment units and 55 townhouse units generates the most traffic between the two scenario with 749 ADT and 57 AM peak hour, and 77 PM peak hour trips. The expected outcome of 70 townhouse units generates 472 ADT and 39 AM peak hour, and 54 PM peak hour trips. Applicant acknowledges that the City of Wheat Ridge criteria require that a site plan generating more than 60 peak hour trips will require a Traffic Impact Study (TIS) at the time of submittal. Planning Commission 11 WZ-16-08/EFG Storm Drainage: This site is located on a FEMA Zone X and according to the FEMA website this means the site is outside the 0.2% chance floodplain and at low to moderate risk of flooding. Storage and treatment of runoff on sites in the City of Wheat Ridge is required for all developments within city limits. All detention facilities, unless designated as regional detention facilities by the City of Wheat Ridge, are to be privately owned and maintained. Redevelopment of the site under the proposed zoning would be classified as a Major Redevelopment according to the City of Wheat Ridge Site Drainage Requirements because it will disturb more than 10,000 square feet of the existing impervious area of the site. Applicant acknowledges that there is no existing storm water drainage infrastructure on or adjacent to the site and, as such, the site will likely need to provide full infiltration for the detention facility and that storm water plans and reports will require review and approval by the City of Wheat Ridge Public Works department. CONCLUSION: Regardless of the proposed zone change, redevelopment of the property known as 4255 Yarrow will require an onsite detention and infiltration system for storm drainage infrastructure to support development. With the construction of an infiltration facility, no storm water infrastructure improvements are anticipated to be required off-site to provide service to this project. Any project developed under the current or proposed zone will follow the City of Wheat Ridge City Code and City of Wheat Ridge Engineering Regulations and Design Standards for concept and formal submittals to obtain services. No offsite dry utility or water infrastructure will be required to support redevelopment of the property. Modest upgrades to the existing sanitary sewer pipe in Yarrow Street are expected. Expected transportation related improvements are sidewalks, curb ramps at entrance drives, and signing at access locations, as well as possible signing and striping improvement along Yarrow Street. Response to zone change review criteria #3a: 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 city -approved policies or plans for the area. The proposed zone change is consistent with the Envision Wheat Ridge Comprehensive Plan and the Wadsworth Corridor Subarea Plan, and is a catalyst to achieve a number of the stated goals and strategies set forth in these plans. In certain areas, zone change is needed to bring the property into conformance with these plans. Envision Wheat Ridge Comprehensive Plan Two of the six stated key values of the Envision Wheat Ridge Comprehensive Plan—Creating a Resilient Local Economy Based on a Balanced Mix of Land Uses and Promoting Vibrant Neighborhoods and an Array of Housing Options—are directly enhanced through a zone change to MU -N. More specifically, the following excerpts speak to the connection between this zone change and conformance with the Envision Wheat Ridge Comprehensive Plan. Planning Commission 12 WZ-16-08/EFG CHAPTER 4: Economy and Land Use "In order for Wheat Ridge to continue to be viable residential community, and to maintain existing levels of services (such as police protection, roadway maintenance, and parks and recreation amenities) the City must chart a new course for the future to establish a diverse mix of land uses to build and sustain a broad and resilient tax base." Economy and Land Use Goal 2: "Attract quality retail development and actively retain existing retailers to locate in Wheat Ridge." Economy and Land Use Goal 4: "Increase the diversity of land uses." Economy and Land Use Policy 4. 1 —Efficient Use of Limited Land: "Because of the limited amount of land available for new development, the City will require efficient use of newly developing and redeveloping areas by promoting higher -intensity development." Economy and Land Use Policy 4.1— Efficient Use of Limited Land, Strategies A and B: "A - Emphasize mixed-use development in developing and redeveloping areas", `B -Develop a new mixed-use zoning district and associated land use regulations." Economy and Land Use Goal S: "Revitalize key redevelopment areas." A zone change to MU -N provides a critical mass to support existing and future retail, diversifies existing land uses, revitalizes a key redevelopment area near W. 44th Ave. and Wadsworth Blvd., and deploys the City's new mixed-use zoning. Additionally, townhomes, a development outcome not possible under the current zone, can often offer greater square footage than nearby single family homes, and are new construction, leading to increased property tax for the City. With "nearly 60% of general City revenues coming from sales tax" (pg. 33), the density associated with MU -N offers an opportunity to bolster property tax as a complement to sales tax. CHAPTER 5: Neighborhoods and Housing "The edges of neighborhoods, displayed as Neighborhood Buffer Areas on the Structure Plan, correspond with areas that have generally shifted away from predominately single-family owner -occupied uses over time, to a mix of uses .... According to the NRS, the homogenous nature of the city's housing stock is a somewhat limiting factor in attracting new residents and households. This is due to the fact that the housing types available in Wheat Ridge are generally older and smaller than the current Jefferson County market demands ....As reinvestment and redevelopment occur in revitalization and Neighborhood Buffer areas, it will be important to add new housing types." Neighborhoods and Housing Goal 2: "Increase housing options." Neighborhoods and Housing Policy 2.1: "The City will direct the development of new housing types such as townhomes, condos/lofts, and senior living units (especially in Neighborhood Revitalization, Neighborhood Buffer, and other mixed-use areas) to meet market demand." Neighborhoods and Housing Goal 4: "Stimulate investment and redevelopment in Neighborhood Buffer Areas." Planning Commission 13 WZ-16-08/EFG The property is located adjacent to a Neighborhood Buffer area, MU -N provides variety of housing options in a way R-2 cannot, and responds to the market by providing more square footage than the current single family housing stock pervasive in Wheat Ridge. In addition to diversifying the available housing options, the proposed zone change will help facilitate new families moving Wheat Ridge. CHAPTER 7: Transportation "While the city's established bus transit and trail systems are tremendous assets, there are opportunities to improve the linkages between these systems and existing neighborhoods and future activity centers. One of the primary opportunities will arise with the opening of the Gold Line commuter rail corridor that is planned for 2016." Transportation Goal 4: "Improve the coordination between transportation improvements and future land use decisions." This property takes advantage of the existing W. 44th Ave. RTD bus route and is conveniently located 1.8 miles south of the RTD Gold Line Olde Town Arvada station. CHAPTER 9: Sustainable Future "A sustainable community recognizes the importance of economic prosperity (both for individuals and the community as a whole) .... A sustainable community maintains property values and retains strong households." Sustainable Future Goal 1: "Establish and maintain a resilient and sustainable tax base." Sustainable Future Policy 1.1 – Coordinated Planning, Strategy B: "Focus on attracting strong households and a healthy mix of ages within the community." MU -N allows for an array of housing types, such as townhomes. Townhomes offer larger square footage than many of the surrounding single family homes, and are ideal for young families or baby boomers looking to downsize from large properties. CHAPTER 10: Plan Implementation Code Amendments to Achieve Economic and Land Use Goals: "In general, the perception of Wheat Ridge's development review process is that it has become more challenging over the years—in part because Wheat Ridge is mostly built out, but also because the Code and regulatory structure is overly complex, somewhat out-of-date (standards and procedures), and unpredictable. It also contains regulatory "barriers" to achieve desirable patterns, such as mixed-use development." Code Amendments to Achieve Economic and Land Use Goals – Planned Developments—Over Reliance and Unpredictability: "In addition, the Code promotes overreliance on Planned Developments (PDs) for new development instead of using straight zoning districts and standards. This means development projects require multiple review steps and are subject to a high degree of discretion rather than objective standards. As a result, predictability for developers, neighborhoods, and decision -makers is low. In addition, the requirement for rezoning to PDs adds another step to the process and adds uncertainty for new developments, Planning Commission 14 WZ-16-08/EFG which can be expensive and unpredictable for businesses and industries and frustrating for neighbors." General Recommendations for New Mixed -Use Zoning Districts – Develop New Mixed -Use Zoning: "Drawing from the Architectural and Site Design Manual, the City could develop new mixed-use zoning district(s). Standards would not only ensure quality architectural design, but also address planning. For examples, they could require new projects to provide transition or buffers near single family neighborhoods, allow for shared parking, relax front setback standards so buildings relate to the street, provide ample pedestrian features, and encourage (not just allow) public gathering spaces and public art. New projects would also need to maintain essential components of Wheat Ridge's character, including landscaping and trees, and other appropriate themes." For all of the reasons stated in previous pages, a zone change is critical for redevelopment of this property, and redevelopment to medium density is an effective way to advance many of Wheat Ridge's stated goals. A zone change to MU -N allows this desired development and puts into practice a new zoning district that Wheat Ridge's has proactively developed to catalyze the type of development and impact it is looking for, while maintaining a level of quality control. In the case of a contaminated site such as this one, the City's Mixed Use zone district encourages redevelopment of a site already burdened by the regulatory demands of remediation. Wadsworth Corridor Subarea Plan Two of the Wadsworth Corridor Subarea Plan's eight goals Improve the success of businesses along Wadsworth Boulevard and Create a town center with vitality, attractive shopping and a gathering space for the community—are aided by a zone change for this property to MU -N, which allows higher density and more homeowners near the corridor. Furthermore, a zone change to MU -N allows for a redevelopment that directly matches the fifth major plan feature: "In general, encourage a gradual increase in density and building height closer to Wadsworth Boulevard to provide the critical mass of users and residents that will help support the businesses in the Corridor and brings life into this town center as well as prevent encroachment into the residential neighborhoods east and west of the Subarea." CHAPTER 2.6: Future Land Use Figure 3: Recommended Land Uses in the Wadsworth Corridor: This map lays out a land use map where the eastern half of this property is defined as Medium -High Density Residential – "Medium -High Density Residential land use will be developed between ten and twenty-one units to the acre. This range includes townhomes, condominiums and apartments." A zone change to MU -N is consistent with this recommendation and will bring the property into conformance with Wadsworth Corridor Subarea Plan. CHAPTER 3.7: Density "In the proposed town center area between W. 38th Avenue and W. 44th Avenue, higher densities (10-20 units per acre) could be encouraged over and above commercial uses. Densities Planning Commission 15 WZ-16-08/EFG will be "feathered" (gradually decreased) along the edges of the corridor to make a transition to adjacent zoning." This property is situated near the edge of the W. 44th Ave. corridor and with MU -N zoning provides an opportunity to "feather" height between the corridor and single family neighborhoods. Current zoning provides little opportunity for feathering and instead requires single family neighborhoods adjacent to the corridor. CHAPTER 4.6: Economic Development "The report documented the decline of stronger sales tax generators (i.e. food stores, eating/drinking establishments, building materials and finance/insurance and real estate). The report observed that stronger tax generation may be possible by the growth of these industries, but also observed that the affluence of local households is a key factor in attracting and retaining these businesses" "To create a successful retail environment and encourage redevelopment, residential densities need to be increased in this area. Changing the land use along the corridor to include a higher density residential component associated with mixed us will assist in the creation of a retail environment." "Roughly sixty-seven percent of Wheat Ridge's multifamily housing market is rental" "The City should look for other partners such as Wheat Ridge 2020 to help acquire and land- bank problem properties in the corridor as they become available. Finally, the City should consider using their authority to acquire lots at fair market prices and to condemn as necessary." MU -N allows for increased density, which can help support nearby retail, and an array of housing types, which can accommodate some higher priced homes that cater to more affluent residents. Property redevelopment presents a unique opportunity for a large for sale residential development such as town houses, which will help balance out Wheat Ridge's current 67% rental multifamily housing market. Response to zone change review criteria #3c: 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. The proposed zone change to MU -N is in response to the changed and changing conditions in the W. 44th Ave. and Wadsworth Blvd. corridors and more specifically the property itsel£W. 44th Ave. and Wadsworth Blvd. Corridors Both corridors are seeing increased development activity, and the Wadsworth corridor, between W. 38th Ave. and W. 44th Ave., is one of five target redevelopment areas in Wheat Ridge (Envision Wheat Ridge, Executive Summary, page 5-6). The City has identified the desire to create a vibrant Town Center in this area, and has created an Urban Renewal Area to help accelerate many of these goals. Wheat Ridge voters recently approved Ballot Initiative 2E providing approximately $33 million public improvements including the reconstruction of Wadsworth Boulevard. Plans for the corridor include significant upgrades to the intersection with W. 44th Ave. and new lighted intersections to the south. This is a significant change to the Planning Commission 16 W Z-16-08/EFG immediate area and will positively impact redevelopment and reinvestment along and adjacent to the corridors consistent with City plans. Wadsworth Corridor Subarea Plan This property is recommended to be a Medium High Density Residential area as part of the Wadsworth Corridor Subarea Plan, which is a change from its current R-2 land use. Greenhouse operations on this property have long sense ceased, and the property has changed from being an asset to a liability. The vacant, dilapidated building runs the risk of continuing to deteriorate if the property cannot be redeveloped. In conclusion, the change in the character and condition of the property, as well as the nature of and proposed upgrades to nearby corridors, supports a change of zone for this property. The zone change best serves the public interest of the citizens of Wheat Ridge by allowing a derelict property to redevelop while also advancing many of Wheat Ridge's stated planning goals and objectives. MU -N allows an array of housing options, supports a variety of users at different socio-economic scales, including homeownership opportunities for young families, provides density to support nearby commerce and diversifies and strengthens the tax base. MU -N in this specific location takes advantage of the W. 44th Ave. bus route and nearby Light Rail options, creates a critical mass within walking distance of already identified commercial nodes, and provides buffers to protect the character of the surrounding single family neighborhood. Planning Commission 17 WZ-16-08/EFG Exhibit 3 — ALTA Survey �?,40 �1 a OP �1 it Wim#Hi- � _. n•�, 1�. el sl R=l.r 1 t 13 is iaig, - '1' piti;:- k 'I -ill Nil z p000 mo•15'"O'• 551 62 WIS OF U=aRUr,6 77 777a=I al 1o•R a. a' a Y _ C 9� nvav ue r � x - a�•s tv'•- - - ���r 031 r, I [n 6 sal � 4 m ' � �� z :.. �_•-. ,� L -A a w ♦ I �.•. • c� —YARROW ST. so ICA. .N:,� ------'---� i r goo r. ��.. !I.�► R 1a 16 °�� ' F trgi xl =�1• t`' i Planning Commission 19 WZ-16-08/EFG Exhibit 4 — Site photos Planning Commission WZ-16-08/EFG Looking northwest from Yarrow at new assisted living facility adjacent to site 20 Looking southwest down Yarrow towards front of property Looking west from Yarrow towards front of property Planning Commission 21 WZ-16-08/EFG Planning Commission WZ-16-08/EFG Looking west from Yarrow towards front of property Looking west down northern drive aisle 22 Looking southwest across Happiness Gardens Looking west towards house to the south of property Planning Commission 23 WZ-16-08/EFG ....: 47 1 + _ 1 C-1 �111&�L- R-2` THINE AER L mu -It -t AU-C Exhibit 6 — Neighborhood Meeting Notes '1*6,* 1W Ir City Of "(� Wheat i e COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? December 15, 2016 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second floor conference room 7500 W. 29th Avenue Wheat Ridge, CO 4255 Yarrow Street JDB, LLC No Applicant: Cameron Bertrom, EnviroFinance Group (EFG) Sarah Laverty, EFG Michael Bruckner, Sprocket Architecture Existing Zoning: Existing Comp. Plan: Planning Commission WZ-16-08/EFG Residential -Two (R-2). Neighborhood 26 Existing Site Conditions: The site is located at 4255 Yarrow, south of 44`" Avenue and west of Wadsworth. According to the Jefferson County Assessor, the property is 4.52 acres in size and is unplatted. The property contains a non -conforming greenhouse that was constructed in the 1940's with various modifications since that time. The building is currently vacant. Surrounding properties include a variety of land uses. Immediately to the west is a parcel zoned Residential -Two (R-2) that contains an urban garden, owned by the City of Wheat Ridge, and known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single-family dwellings. The roughly 1 -acre property to the south is zoned R-2 and contains a single family home. Beyond this to the south is Wilmore-Davis Elementary School, owned by Jefferson County School District. Also on the southern side of the subject property are properties zoned R-2 that contain single-family homes. To the east is a multi -family property zoned Residential Three (R-3). Properties to the north front 44th Avenue and contain a variety of commercial businesses, and are zoned Commercial -One (C-1). The subject property is "L" -shaped and has roughly 400 feet of street frontage along Yarrow Street and roughly 275 feet of street frontage along 42nd Avenue. The remainder of the other property boundaries abut other properties and has no street access. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property from R-2 to Mixed Use -Neighborhood and intends to develop multi -family housing in the form of a for -sale townhome product. The specifics of the site design and subdivision will be provided following any zone change approval. The applicant shared a preliminary site plan that proposes a series of townhouses oriented north -south. Two primary access drives are identified, one off Yarrow Street near the center of the eastern property boundary, and one off 42nd Avenue that would align with Yarrow Court to the south. Additional internal circulation is also shown that would access tuck - under garages. Pedestrian greenways are shown between the townhomes as well. An open green space is shown near the eastern -center of the property for the residents. At this time, the applicant is still determining market viability of a possible retail or office component on the site. As the site has been used as a greenhouse for a number of years, there is significant environmental contamination that will need to be remediated prior to the construction and occupancy of any new buildings. The applicant specializes in brownfield redevelopment, and has the capability to develop the property in a safe manner, and will secure the necessary permits from the Colorado Department of Public Health and any other necessary agency. The applicant is proposing to rezone the entire property to Mixed Use -Neighborhood (MU -N). Although there is no specific development being proposed at this time, a conceptual site plan was shared with the group. Planning Commission 27 WZ-16-08/EFG The following is a summary of the neighborhood meeting: • In addition to staff and 3 applicant representatives, 9 members of the public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the proposed project and also addressed required removal of contaminated materials from the site. • The members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: • How many units are being proposed 70 townhomes and/or multifamily dwellings. If the density allowance were maxed out at 21 units per acre, a total of 94 units could be built. • Will these be rental or low income units? No, they will be market rate units for purchase. • What could be built under the existing zoning? The property is zoned R-2 and could accommodate about 15 duplexes. • Happiness Gardens (a communal garden owned by the City of Wheat Ridge) is located directly to the west of the proposed development. How will the Gardens be impacted? The tentative site plan has been designed so that the new buildings will be oriented in a north/south direction. A buffer area approximately 30' feet in width will be provided on the western side of the development so that sunlight to the gardens will not be blocked by buildings. There is a row of large spruce trees on the common property line; will those remain in place? The row of trees between the gardens and the proposed development are in need of maintenance but will be kept. As the project moves forward, the applicant will continue to work with Parks staff regarding the interface between the two properties. Happiness Gardens currently brings heavy equipment like tractors through the proposed project site to access the eastern portion of the property. Will this access remain? As the project moves forward, the applicant will continue to work with Parks staff regarding the interface between the two properties. Planning Commission 28 WZ-16-08/EFG • There is currently unbuilt street right-of-way that extends east from 42nd Avenue, through the Happiness Gardens improvements over to Ammons? Will this street be extended? If any east/west street extensions are made from Yarrow Street, it would probably extend east over to Wadsworth to divert traffic away from the neighborhood. • Where will water and sanitary sewer service come from? Both water and sanitary sewer service would be extended from Yarrow Street. • There is an existing single family residence to the south with a large, vacant front yard. Will this property be included in the development? No, the property owners wish to retain their entire parcel, including the large vacant area on the east. The developer has had discussions with the owners regarding transition to the proposed project. A fence delineating the common property line will be built but will be an open type design so views into the adjoining properties are maintained. • A variety of concerns were expressed regarding traffic problems in the area which vehicles from the new residential units will compound. Those concerns included the following: o During rush hour, traffic at the 44th/Wadsworth intersection backs up on 44`x' to Balsam Street. Because of this, the new residents will be tempted to exit the new development by turning left to go south and wind through the neighborhood to get to 41" Avenue or 38th Avenue. o Wilmore Davis Elementary is located on 41" Avenue between Yarrow Court and Ammons Street. Many children living in this area attend this school and walk back and forth in the morning and afternoons. Although there are sidewalks, excessive speeds on Ammons and Yarrow make it unsafe for pedestrians. The City of Wheat Ridge does not adequately enforce speeding in the area. o The narrowing of West 38th Avenue between Wadsworth and Sheridan has forced more cars to use West 44th Avenue. o It was indicated that in 2014, a request for traffic calming on Ammons was submitted but did not move forward with City Staff. • One of the commercial property owners to the north along 44th Avenue commented that the property is currently an attractive nuisance with weeds, dilapidated buildings and rodents. He opined that the proposed development would be an improvement for the area. Staff received no written comment before or after the neighborhood Planning Commission 29 WZ-16-08/EFG Exhibit 7 — Neighborhood Meeting Sign -Up Z X W W a u Z CL F? c ch s N O O N i ce.,MO �s Ln O z O C A a, C Q N Z X W W a Ea a Z r u � J c a, Ea a Z r r N M 4 0 Planning Commission 30 WZ-16-08/EFG u � J r N M 4 0 Planning Commission 30 WZ-16-08/EFG :k - Imo- 00 07 0 T-- c-- Ir— N Planning Commission WZ-16-08/EFG r N C7 iT L6 6 I` 00 N N N N N N N N 31 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION February 16, 2017 Case NO. WZ-16-08: An application filed by EnviroFinance Group for approval of a zone change from Residential -Two (R-2) to Mixed Use Neighborhood (MU -N) for the property located at 4255 Yarrow Street. (Please print) Name Address In Favor/Opposed C 3 f �)6 0 i QT( 3(ted i3!" f.. v,,.,,- Appl, ro " _ City of " W heat Widge 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 LETTER NOTICE (As required pursuant to Code Section 26-109.D) February 1, 2017 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-16-08, an application filed by EnviroFinance Group, LLC for approval of a zone change from Residential -Two (R-2) to Mixed Use Neighborhood (MU -N) for property located at 4255 Yarrow Street. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission February 16, 2017 (& 7:00 p.m., City Council March 27, 2017 A 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. 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 Vicinity Map ki WZ 1608.doc 7850 W 44TH AVENUE LLC ANDERSON DAVID C ANDERSON IRENA ANEMA MARK A 6143 S WILLOW DR 300 4236 AMMONS ST 2525 ELDRIDGE CIR GREENWOOD VILLAGE CO 80111 WHEAT RIDGE CO 80033 GOLDEN CO 80401 BAUMANN DEBRA WALDEN LINDA VALENTE PAULA 8661 W 95TH DR WESTMINSTER CO 80021 CHAPMAN DIANE LEA CHAPMAN STEVEN H 4175 YARROW CT WHEAT RIDGE CO 80033 DAMASHEK ROBERT 0 PO BOX 460610 AURORA CO 80046 BULL POINT INVESTMENT LLC 10 THREE ACRE LN WHEAT RIDGE CO 80033 CHAR ROSE TOWNHOMES LLC 4200 YARROW ST 19 WHEAT RIDGE CO 80033 DAWN PROPERTIES LLC 8790 W COLFAX AVE 103 LAKEWOOD CO 80215 EHRMAN JACK A LIFE ESTATE EHRMAN ANN GRANT G BRAD GRANT BECKY J GRANT T LIFE ESTATE CHARLES A JR 4216 AMMONS ST 3948 LEE CIR WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 HAVER ROBERT T JR HAVER SUSAN ALEXANDER 7955 W 42ND AVE WHEAT RIDGE CO 80033 HOMFRAY CREEK DEVELOPMENT LLC L&L COINS 0 PO BOX 12208 DENVER CO 80212 HUNSAKER JAMES D HUNSAKER CATHLEEN A JDB LLC 4250 AMMONS ST 0 PO BOX 40875 WHEAT RIDGE CO 80033 DENVER CO 80204 JESKEWITZ JERALD C JESKEWITZ DONNA J 4280 AMMONS ST WHEAT RIDGE CO 80033 KNUTSON CHRISTOPHER R KNUTSON KATHY M 4150 YARROW CT WHEAT RIDGE CO 80033 KAISER DAVID J KAISER TAMARA K 7765 THREE ACRE LN WHEAT RIDGE CO 80033 LAKESIDE CONGREGATION OF JEHOVAHS WITNESS 7769 W 44TH AVE WHEAT RIDGE CO 80033 CARROLL SHARON PER REP BAUMERT RONALD S PER REP 8661 W 95TH DR WESTMINSTER CO 80021 CITY OF WHEAT RIDGE 7500 W 29TH AVE LAKEWOOD CO 80215 DENALI PROPERTY GROUP LLC 6254 NOBLEST ARVADA CO 80403 HARROLD KIM BUSING RANDALL B 7975 W 44TH AVE WHEAT RIDGE CO 80033 HOY JAMES F MONSON JANET L 0 PO BOX 234 WHEAT RIDGE CO 80034 JEFFERSON COUNTY SCHOOL DIST R1 1829 DENVER WEST DR GOLDEN CO 80401 KEOSK LLC 19513 W 54TH PL GOLDEN CO 80403 LOECHER ROGER LOECHER EILEEN 0 PO BOX 12208 DENVER CO 80212 LOECHER ROGER P MARQUEZ INEZ MARQUEZ ROSA M NORMAN'S MEMORIALS INC 5500 W 44TH AVE 4370 AMMONS ST 7805 W 44TH AVE DENVER CO 80212 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 MI SHELDON R OMI THERISA K PATRICK NICHOLS ASSOCIATES LLC PEREZ PATRICIA HAMAN LILLIAN A TRUSTEE 310 W 41ST AVE 8190 W 67TH AVE 4155 YARROW CT /HEAT RIDGE CO 80033 ARVADA CO 80004 WHEAT RIDGE CO 80033 ERSCHBACHER MICHAEL F ERSCHBACHER BERNADETTE J 300 AMMONS ST /HEAT RIDGE CO 80033 OFRANO ROCCO J ROFRANO ROCCO J JR 174 YARROW CT ✓HEAT RIDGE CO 80033 ILVEY PRESTON SCOTT SILVEY LINDSEY 160 YARROW CT VHEAT RIDGE CO 80033 VEST SUBURBAN DENTAL COMPLEX )FFICE OWNERS ASSOCIATION INC 900 W 44TH AVE 1 VHEAT RIDGE CO 80033 'ARROW LLC I PO BOX 16507 )ENVER CO 80216 RESIAK 8 LTD 7765 W THREE ACRE LN B WHEAT RIDGE CO 80033 SANDRA LOUISE MCKENZIE REVOCABLE TRUST SANDRA L MCKENZIE 1651 CORSICA DR WELLINGTON FL 33414 SOLIS ARNULFO 7900 W 44TH AVE 6 WHEAT RIDGE CO 80033 WHEAT RIDGE DAIRY CAFE LLC 0 PO BOX 518 EVERGREEN CO 80437 RITTER CHARLES E RITTER BROOKE R 3748 QUAIL ST WHEAT RIDGE CO 80033 SCHERBER JOSEPH P 8010 W 44TH AVE WHEAT RIDGE CO 80033 T C LAND LLC 2122 S CLAYTON ST DENVER CO 80210 WILLIAM J & MICHELLE G LUCE LLC 9362 APACHE RD LONGMONT CO 80504 City of /wheat�i`dge PUBLIC HEARING POSTING REQUIREMENTS Applicants are required to post a NOTICE OF PUBLIC HEARING before all Board of Adjustment, Planning Commission and City Council meetings. Signs will be provided by the Community Development Department. 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. It The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of public hearing. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form at the public hearing. City of �7�Th6atP,�id gc POSTING CERTIFICATION CASE NO. 141-Z' -1 lP -0,�5 PLANNING COMMISSIO' / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: 2 - /(o - / I, name) residing at 23 ► w �4�n ft✓ \A (address) as the applicant for Case No. �R - /to -Ob , hereby certify that I have posted the Notice of Public Hearing at u2-55 vgz� %- (location) on this 141 day of 20-17i, 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: 114�4 i// A_ NOTE: This form must be submitted at the public hearing on this case and will be nlaced in the CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING PLANNING COMMISSION NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. WZ-16-08 an application filed by EnviroFinance Group, LLC for approval of a zone change from Residential -Two (R-2) to Mixed Use Neighborhood (MU -N) for property located at 4255 Yarrow Street will be held in the Council Chambers of the Municipal Building at 7500 W. 29''' Avenue, Wheat Ridge, Colorado, on February 16, 2017 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. LEGAL DESCRIPTION: PARCEL A: THAT PART OF THE NEORTHWEST '/ OF THE NORTHEAST '/ OF THE SOUTHWEST '/ SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH BEARS NORTH [00 '15 `28] EAST, 160 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST/40N THE WEST LINE THEREOF; THENCE NORTH ALONG THE EAST LINE OF SAID NORTHEWEST '/ DISTANCE OF [234] FEET; THENCE EAST PARALLEL TO THE SOUTH BOUNDARY OF SAID NORTHWEST % TO THE WEST BOUNDARY LINE YARROW STREET AS DESCRIBED IN INSTRUMENT RECORDED DECEMBER 4, 1961 IN BOOK [1429] AT PAGE [526], JEFFERSON COUNTY RECORDS; THENCE SOUTH [00 `17' `44'] WEST ALONG THE WEST LINE OF YARROW STREET TO A POINT [ 15] FEET NORTH OF THE SOUTH BOUNDARY LINE OF SAID NORTHWEST '/; THENCE TO THE RIGHT ALONG THE ARC OF A CURVE, HAVING A RADIUS OF [15] FEET, A DISTANCE OF [23.56] FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST [1/4]; THENCE NORTH [89 "47' 19"] WEST ALONG THE SOUTH LINE OF SAID NORTHWEST'/4A ISTANCE OF [260.72 FEET; THENCE NORTH PARALLEL TO THE WEST BOUNDARY LINE OF SAID NORTHWEST % A DISTANCE OF [ 160] FEET; THENCE WEST AND PARALLEL TO THE SOUTHERLY LINE OF SAID NORTHWEST A DISTANCE OF [358] FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL B: ACCESS AND EASEMENT MAINTENANCE EASEMENTS AS GRANTED AND SET FORTH IN THE WARRANTY DEED RECORDED [AUGUST 26, 1976] IN BOOK [2894] AT PAGE [513]. SUBJECT TO ALL RIGHTS OF WAY AND EASEMENTS OF RECORD. PARCEL C: THAT PART OF THE NEORTHWEST '/ OF THE NORTHEAST '/ OF THE SOUTHWEST'/ SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST '/ AND FOLLOWING THE WEST LINE THEREOF NORTH [0"15 ` 28] EAST A DISTANCE OF [394.00] FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE RECORDED AUGUST 26, 1976IN BOOK [2894] AT PAGE [513], SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE CHARLES GRAUL JR. MINOR SUBDIVISION; THENCE SOUTH [89 " 47 " 19"] EAST ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED AUGUST 26,19761N BOOK [2894] AT PAGE [513] A DISTANCE OF [104.15] FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID PARCEL SOUTH [89 " 47' 19] EAST A DISTANCE OF [529.99] FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF YARROW STREET; THENCE FOLLOWING THE WEST RIGHT OF WAY LINE OF YARROW STREET NORTH [0 "17' 44"] EAST A DISTANCE OF [7.10] FEET TO THE SOUTHEAST CORNER OF THE CHARLES GRAUL JR. MINOR SUBDIVISION; THENCE FOLLOWING THE SOUTH LINE OF THE CHARLES GRAUL JR. MINOR SUBDIVISION NORTH [89 " 47'52'] WEST A DISTANCE OF [530.0] FEET; THENCE SOUTH [ 0 " 15 ` 28 `] WEST A DSITANCE OF [7.02] FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF JEFFERSON, STATE OF COLORADO PARCEL D: NON-EXCLUSIVE EASEMENT FOR SEWER LINE AS GRANTED AND SET FORTH IN EASEMENT AGREEMENT RECORDED MAY 18, 2009 UNDER RECEPTION NO. 2009044993. City of IRKMMUNiTy Wheatidge DEVELOPMENT City of Wheat Ridge Municipal Building January 19, 2017 Sarah Laverty EnviroFinance Group, LLC 4601 DTC Blvd Suite 130 Denver, CO 80237 Dear Ms. Laverty: 7500 W. 29`n Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to your request for approval of a zone change from Residential -Two (R-2) to Mixed Use- Neighborhood (MU -N) for property located at 4255 Yarrow Street. Your request was distributed on referral and the following comments were received: Century Link: See attached email copy from Dustin Pulciani dated January 13, 2017. Wheat Ridge Parks and Recreation Department. "ilea formal response was not provided, they indicated that they look_forward to working on the interface between the subject property and Happiness Gardens as the project moves forward. Wheat Ridge Police Department: See attached email from Mark Cooney dated December 30, 2016. Wheat Ridge Planning Division: Because the MU -N zone district allows commercial uses in addition to residential, please include language in your narrative of the issues of commercial uses at this location (why it doesn't make economic sense. for commercial at this location, if it does make sense how it will be incorporated into the site, etc.) Wheat Ridge Public Works: See attached comments from Dave Brossman dated January 19, 2017. Wheat Ridge Sanitation District: See attached correspondence from Bill Willis dated January 2, 2017. Xcel Energy: See attached correspondence from Donna George dated January 13, 2017. Those entities contacted but not responding include Wheat Ridge Water District West Metro Fire District, AT & T Broadband, Wheat Ridge Economic Development and the Wheat Ridge Building Division. Any additional referral responses will be forwarded to you separately. Other items of note: 1. This case is scheduled for Planning Commission public hearing on February 16m 2017. Posting signs will be available for pick-up the week of January 30 and must be posted no later than February 2, 2017. 2. The zone change process includes a first and second reading in front of City Council. Using the zone www.d.wheatridge.co.us change calendar standard schedule, these dates would be February 27, 2017, for first reading and March 27, 2017 for the public hearing. If any of these dates are a problem, please let me know. If you have any questions, feel free to contact me at 303-235-2848 Sincerely, Meredith Reckert, AICP Senior Planner Meredith Reckert From: Pulciani, Dustin <Dustin.Pulciani@centurylink.com> Sent: Friday, January 13, 2017 3:42 PM To: Meredith Reckert Subject: RE: land use referral Meredith, This email serves as CenturyLink's formal response to the proposed zoning change. CenturyLink has no objection to the proposed zoning change. Please ensure that we have opportunity to review and comment on any site development plan and subdivision plat approval applications on this property, once those applications are submitted. Thanks Dustin Pulciani, ROW Agent Century Link 700 W. Mineral Ave., Littleton, CO 80120 Cell: 720-520-3133 Dustin.Pulciani@centurylink.com W`0 CenturyLink­ Stronger Connected" From: Meredith Reckert [maiIto:mreckert@ci.wheatridge.co.us] Sent: Friday, December 30, 2016 11:52 AM To: Pulciani, Dustin; andy_davis@comcast.com; lisa_karam-salbach@cable.comcast.com; Bruce Kral; Brooks, Kelly (kbrooks@westmetrofire.org); bwillis@martinmartin.com; Proberts@martinmartin.com; George, Donna L (Donna. L. George@xcelenergy.com) Subject: land use referral Let me know if you are not able to open the attached files. Meredith Reckert, AICP Senior Planner 7500 W. 291h Avenue Wheat Ridge, CO 80033 Office Phone: 303-235-2848 FAX: 303-235-2857 www.ci.wheatridge.co.us ,1 W heat I is w C t,1tn141N11).1)fI1h'11iieI,mIyI CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. Meredith Reckert From: Mark Cooney Sent: Friday, December 30, 2016 1:1 S PM To: Meredith Reckert Subject: RE: Referral 42SS Yarrow I am fine with this. Mark Cooney Investigations Commander Wheat Ridge Police Department 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2931 CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. From: Meredith Reckert Sent: Friday, December 30, 2016 11:47 AM To: Mark Cooney Subject: Referral 4255 Yarrow Dear Mark, The Wheat Ridge Community Development Department has received a request for approval of zone change from Residential -Two (R-2) to Mixed Use Neighborhood (MU -N) at 4255 Yarrow Street (Case No. WZ-16-08). Please download the application documents from the City drive: Folder: V:\Community Development\ Land Use Case Referral File name: WZ-16-08 - EFG Comments are due by January 13, 2016; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you, Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2848 Fax: 303-234-2857 www.ci.wheatridge.co.us 1 City of V �' 6a 1C C COMMUNITY D vEI.0PMFN1 CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. City of Wheat Fudge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: January 19, 2017 SUBJECT: WZ-16-08/ EFG Zone Change, 4255 Yarrow Street I have completed my review for the request to rezone the property at 4255 Yarrow Street from Residential -Two (R-2) to Mixed Use Neighborhood (MU -N) received on December 30, 2016, and I have the following comments: 1. It does not appear that the current rezoning proposal entails any site changes which could trigger drainage requirements. Therefore, I have no comments at this time. 2. Mark Westberg, P.E. is addressing the traffic comments and will be returning comments at a later date under separate cover 3. When a specific development scenario (SDP/Plat) is received Public Works will respond with specific review comments. 4255 Yarrow EFG Re -Zone 1st Review.doex MARTIN/MARTIN CONSULTING ENGINEERS January 2, 2017 Meredith Reckert City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge CO 80033 Email: mreckert@ci.wheatridge.co.us Re: Wheat Ridge Sanitation District — 4255 Yarrow Street — WZ-16-08 Martin/Martin, Inc Project No.: 17456.C.01 Dear Ms. Reckert, On behalf of the Wheat Ridge Sanitation District (WRSD), Martin/Martin Inc., acting as the District Engineer, offers the following in response to the referenced referral dated December 30th, 2016 concerning a zone change from R-2 to MU - N for the property at 4255 Yarrow Street. The Wheat Ridge Sanitation District has no objections with the proposed request conditional on the items identified herein are fully addressed. The following are general requirements for sanitary sewer service. Rules, Regulations and Standards of the District must be complied with at all times The subject lot is entirely within the service and boundary area of the Wheat Ridge Sanitation District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by Metro Wastewater Reclamation District. Existing District Sanitary Sewer Mainline(s) Wheat Ridge Sanitation District has the following sanitary sewer mains adjacent to the proposed property: • 8 -inch mainline running south to north, east of the referenced property within Yarrow Street. • 8 -inch mainline running east to west, south of the referenced property within an easement. It appears the property may be serviced by gravity flow; however, the homeowner/developer is responsible for determining depths of the existing sanitary sewer main to verify if gravity flow is feasible or if a private individual sewage ejector (lift station) is required. The issuance of a sewer tap permit by the District does not in any way guarantee that the property can be served by gravity flow. More specific requirements for sanitary sewer service will be provided upon receipt and review of site plan. Note that each building must front a District main to receive service. If a building does not front a District main, then a public main extension will be required. Appropriate easement and agreement are required for easement extensions. All costs associated with the extension are the responsibility of the owner/developer. Further, each unit is required to have a separate sanitary sewer service with an independent connection to the District main. Costs All costs involved are to be deposited in advance— engineering, reviews, design, construction, observation and inspections — are the responsibility of the Owner/Developer at the then current rate fee structure. Please be aware that proper tap and development fees are required to be paid prior to connection to the District main. A minimum 72 -hour notice prior to construction is required following District receipt of all fees. These fee amounts can be paid directly to the District Office prior to connection, payable to Wheat Ridge Sanitation District, which also collects Metro Wastewater's "connection fees". Any questions regarding this document, please contact us at (303) 431-6100. Sincerely, Bill Willis, PE Cc: Sue Matthews — Wheat Ridge Sanitation District MARTIN/MARTIN, INC. 12499 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 MAIN 303.431.6100 MARTIN MARTIN.COM f . Xcel Ener sm PUBLIC SERVICE COMPANY January 13, 2017 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: EFG Rezone, Case # WZ-16-08 Right of Way & Permits 1123 West 3`d Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.l.george@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the request for the EFG Rezone. Please be advised that PSCo has existing electric distribution facilities within the areas indicated in this proposed rezone. Public Service Company has no objection to this proposed rezone, contingent upon Public Service Company of Colorado's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities. As the project progresses, the property owner/developer/contractor must contact the Builder's Call Line at 1-800-628-2121 or https://xcelenergy.force.com/FastApp (register, application can then be tracked) and complete the application process for any new natural gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center at 1-800-922-1987 to have all utilities located prior to any construction. If you have any questions about this referral response, please contact me at (303) 571- 3306. Donna George Contract Right of Way Referral Processor Public Service Company of Colorado • v kolt Z � j W � � G1 y- I CD a N O O L O L L r S � �- O LO LoN E Z • 4� M _ ct �- N M 1:4 6 v kolt Z � j W � � N s I LU 4� M _ ct �- N M 1:4 6 kolt Z � � N s 41 LU a C a W 4� M _ ct �- N M 1:4 6 r1l C� s ti 0 P3 NE C ti M 4 i fs Q6 I` 06 N N N N N N ("I Zone Change Process Step 1: Pre -application Meeting Step 2: Neighborhood Meeting Step 3: Submit Complete Application Step 4: Staff Review, Referral (Typically 15 days) Step 5: Comments to Applicant Changes Necessary? Yes I I No Step 6: Publish Request/Post Property for Planning Commission Public Hearing (15 days prior to public hearing) Step 7: Staff Report for Planning Commission Public Hearing Step 9: Packet to City Council for 1st Reading Step 11: Resubmit Relevant Documents (Based on Planning Commission recommendation, if necessary) Step 12: Publish Request/Post Property for City Council Public Hearing (15 days prior to public hearing) Step 13: Packet to City Council for Public Hearing Ai City of "� Wheat id COMMUNITY DEVELOPMENT 4255 Yarrow Street Proposed zone change from Residential -Two (R-2) to Mixed Use - Neighborhood (MU -N) City of Wh6atl dge COMMUNITY DEVELOPMENT Zone Change Criteria What is zoning? For a zone change request, the Planning All properties within the City of Wheat Ridge are zoned. Zoning regulates Commission and City Council base their what land uses are allowed and establishes standards for construction decision on the extent to which the including building setbacks, lot coverage, and building height. following criteria have been met: There are many different zone districts within the City including residential, commercial, industrial, mixed use, and planned development zoning. 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a What is a zone change? significant adverse effect on the A zone change is the process of changing the current zone district to a surrounding area; and different zone district. A property owner may choose to change the zoning to use his property differently from what the existing zoning allows (e.g., 2. Adequate infrastructure/facilities are residential vs. commercial). available to serve the types of uses All proposed commercial, industrial and residential applications for property allowed by the change of zone, or the exceeding one acre in size must be rezoned to a planned development applicant will upgrade and provide district. such where they do not exist or are under capacity; and Why is a neighborhood meeting required? 3. At least one (1) of the following A neighborhood meeting is required for all zone change requests. The conditions exists: purpose of the meeting is to provide the opportunity for citizens to become aware of the proposed development in their neighborhood, and to allow the developer to respond to citizen concerns regarding the proposed project. All a. The change of zone is in residents within 600 feet are notified of the meeting. conformance, or will bring the property into conformance with, the City of Wheat Ridge How do I give my opinion on a zone change? comprehensive plan goals, All public hearings for proposed zone changes are open to the public to objectives and policies, and appear and give testimony. Testimony can include written correspondence other city -approved policies or or a statement made at the public hearing. Any written correspondence plans for the area. provided to staff will be forwarded to the Planning Commission and City Council as part of the evidence of the case. All pertinent correspondence b. The existing zone classification should be routed through planning staff. currently recorded on the official zoning maps of the City of Wheat Can I contact my council representative? Ridge is in error. Public hearings for zone changes are quasi-judicial in nature. This means that the deciding body should make a decision only based on testimony c. A change of character in the presented at public hearings. Please do not contact the Mayor, Planning area has occurred or is occurring Commissioners, or City Council representatives to discuss the merits of the to such a degree that it is in the case prior to the public hearings; it could jeopardize their ability to hear the public interest to encourage case. redevelopment of the area or to recognize the changing character of the area. What is a legal protest? A legal protest is a formal, written protest which can be submitted by d. The proposed rezoning is adjacent property owners within 100' of a subject property. If 20% of necessary in order to provide for property owners on one side within a 100' radius file a legal protest, it a community need that was not requires a three-fourths vote of City Council (6 out of 8 members present) to anticipated at the time of the approve a zone change instead of a simple majority (5 out of 8 members adoption of the City of Wheat present). A legal protest is usually filed after the Planning Commission Ridge comprehensive plan. public hearing. Community Development Department - 303-235-2846 - www.ci.wheatridge.co.us N I d� 6' City of Wheat�dge COMMUNITY EVELOPMENT PRE -APPLICATION MEETING SUMMARY Meeting Date: November 10, 2016 Applicant: EnviroFinance Group 475 17th St, Suite 1330 Denver, CO 80202 Cameron Bertron, EnviroFinance Group Attendees: Sarah Laverty, EnviroFinance Group Michael Bruckner, Sprocket DB Architecture Attending Staff: Meredith Reckert, Senior Planner Lisa Ritchie, Planner II Dave Brossman, Development Review Engineer Mark Westberg, Projects Supervisor Specific Site Location: 4255 Yarrow Street Existing Zoning: Residential -Two (R-2) Existing Comp. Plan: Neighborhood Existing Site Conditions: The site is located at 4255 Yarrow Street, south of 44th Avenue and west of Wadsworth Blvd. According to the Jefferson County Assessor, the property is 4.52 acres in size and is unplatted. The property contains a non -conforming greenhouse that was constructed in roughly 1975, with minor modifications since that time. The building is currently vacant. Surrounding properties include a variety of land uses. Immediately to the west is a parcel zoned Residential -Two (R-2) that contains an urban garden, owned by the City of Wheat Ridge, and known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single family dwellings. The roughly 1 -acre property to the south is zoned R-2 and contains a single family home. Beyond this to the south is Wilmore-Davis Elementary School, owned by Jefferson County School District. Also on the southern side of the subject property are properties zoned R-2 that contain single family homes. To the east is a multi -family property zoned Residential Three (R- 3). Properties to the north front 44th Avenue and contain a variety of commercial businesses, and are zoned Commercial -One (C-1). The subject property is "L" -shaped and has roughly 400 feet of street frontage along Yarrow Street and roughly 275 feet of street frontage along 42"d Avenue. The remainder of the other property boundaries abut other properties and has no street access. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property from R-2 to Mixed Use -Neighborhood and intends to develop multi -family housing in the form of a for -sale townhome product. The specifics of the site design and subdivision will be provided following any zone change approval. The applicant shared a preliminary site plan that proposes a series of townhouses oriented north -south. Two primary access drives are identified, one off Yarrow Street near the center of the eastern property boundary, and one off 42nd Avenue that would align with Yarrow Court to the south. Additional internal circulation is also shown that would access tuck -under garages. Pedestrian greenways are shown between the townhomes as well. An open green space is shown near the eastern -center of the property for the residents. At this time, the applicant is still determining market viability of a possible retail or office component on the site. As the site has been used as a greenhouse for a number of years, there is significant environmental contamination that will need to be remediated prior to the construction and occupancy of any new buildings. The applicant specializes in brownfield redevelopment, and has the capability to develop the property in a safe manner, and will secure the necessary permits from the Colorado Department of Public Health and any other necessary agency. Planning comments:. The following items were discussed based on the applicant's proposal: Zoning A rezoning to the Mixed Use -Neighborhood District (MU -N) will allow the applicant some flexibility in final site design following remediation. The maximum density in the MU -N zone district is 21 units per acre. The MU -N zone district has been established for locations along neighborhood main streets and at neighborhood commercial centers. As there is a wide variety of land uses in the surrounding area, a zone change to MU -N could provide the appropriate transitions from more intense commercial land uses to the north to the single family homes to the south. Staff is generally supportive of the use of the property as multi -family. The zone change process includes a neighborhood meeting and public hearings before Planning Commission and City Council. The rezoning process is described in detail below. Another process which could be used to achieve the same result would be a zone change to Planned Residential Development. This zone district would also allow 21 units per acre but is a more detailed application requiring an Outline Development Plan at the time of zone change. The applicant prefers the straight zone process due to timing of remediation and the ambiguity of a specific design scenario. If the MU -N zone change is pursued, the applicant must be prepared to justify conformance with guiding documents and explain how the potential for commercial land uses will be handled given the surrounding residential development. Site Plan Review If the zone change is approved, the next step for development in a mixed use zone district is a Site Plan review. This process entails administrative review by staff to ensure compliance with the mixed 2 use development standards. A separate pre -application meeting would be required to discuss this process in more detail. Subdivision To subdivide the property, a major plat shall be prepared by a licensed surveyor. This plat should show all new interior lot lines and will delineate any new or existing easements and right-of-way dedications on the property. The subdivision process is described in detail below. This process may occur in conjunction with the Site Plan application, allowing simultaneous review of the plat with the final site design. Parkland Dedication Parkland dedication is required for all residential subdivisions based on the assumption that additional residents in the City will impact the demand for parks and open space. When land is not dedicated for a public park, a fee is required in lieu. The fee is $2,497.29 per residential lot. This fee is paid at the time the plat is recorded. Public Works comments: The following items were discussed based on the applicant's proposal: Drainage The applicant shall provide onsite detention and water quality on a separate tract. A bio-swale, permeable paver system, or other alternative design may be considered by the City. Right -of -Way To provide adequate room for roadway improvements meeting current standards, the following right- of-way dedications shall be required on the Final Plat: 1.5' along the Yarrow Street frontage 6.5' along the W. 42nd Avenue frontage 10' radius of ROW at the intersection of Yarrow and 42nd The applicant is strongly encouraged to discuss the access design and turning radii with the West Metro Fire Protection District. A traffic impact study will be required to be submitted with the zone change application. Building Division comments: The building division was not present and has no comments at this time. Process Neighborhood Meeting The first step in the rezoning process is the pre -application meeting, which took place on November 10, 2016. The next step is to conduct a neighborhood meeting. The applicant is responsible for drafting a letter that will be delivered (via mail or hand delivery) to all property owners and current residents in a 600 -foot radius of the subject property. The letter must be approved by the Community Development department PRIOR to sending. The Community Development department can provide the applicant with a neighborhood meeting letter template and samples, if necessary. Additionally, the Community Development department will pull the property and resident information from the County records and provide the applicant with mailing labels. The applicant will coordinate with the Community Development department on the time and location of the neighborhood meeting. The meeting may be held in the Wheat Ridge Municipal Building Conference Room, or any other location the applicant desires. There is a $100 fee for the meeting, and an additional 50 -cent fee for each page of mailing labels provided to the applicant (average is about $243). Staff will be present at the meeting to answer any zoning, land use, and process related questions. However, the applicant will lead the meeting and inform the audience about the proposal. Rezoning Application Once the neighborhood meeting is complete, a formal complete application may be submitted by appointment with a planner. The complete application will be assigned a case number and case manager. The case manager will be the applicant's point of contact at the City for the duration of the zone change process. The case manager will review the application, and once all submittal requirements are met, the application will be sent out on referral to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic Development, etc.) for review. The referral period is 15 days, during which time the referral agencies and departments may submit comments on the application. These comments, as well as those from the case manager, will be forwarded to the applicant. Modifications to the planned development document may be requires as a result of these comments. After all comments have been addressed, a public hearing before Planning Commission will be scheduled. A public hearing before Planning Commission will require the property to be posted. The posting period lasts 15 days and requires a sign be posted on the property. Additionally, the Community Development department will send out written notification of the hearing to all property owners within a 300 -foot radius of the subject property. During the public hearing at Planning Commission, the case manager will present the rezoning case to Planning Commission, and based on an established set of criteria present evidence to support a recommendation of approval, approval with conditions, or denial of the rezoning. The applicant and the public will have the opportunity to present evidence and provide testimony in support or opposition of the rezoning application. The Planning Commission will then recommend approval, approval with conditions, or denial of the rezoning. This recommendation will be forwarded to City Council for review and decision. Regardless of Planning Commission's recommendation, the rezoning will automatically be scheduled for a public hearing before City Council. The City Council hearing will require an additional posting period. This posting period lasts 15 consecutive days and will require a sign to be posted on the property. The Community Development Department will also mail out notification of the hearing to all property owners within 300 -feet of the subject site. At the public hearing before City Council, the case manager will present the case, and based on an established set of criteria present evidence to support a recommendation of approval, approval with conditions, or denial of the rezoning request.. The City Council will then make a decision of approval, approval with conditions, or denial based on the testimonies provided by staff, the applicant, and the public. Future development will require: Site Plan (if approved for MU -N zoning) The first step in the Site Plan Review process is an additional pre -application meeting (assuming approval of the rezoning application). After this pre -application meeting, a formal application may be submitted. Application must be submitted by appointment with a planner, and will not be accepted if they are incomplete. Upon submittal, a case manager will be assigned to handle the application, and will be the applicant's point of contact at the City for the duration of the site plan review process. The case manager will review the application, and once all submittal requirements are met, the application will be sent out on referral to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic Development, etc.) for review. The referral period is 15 days, during which time the referral agencies and departments may submit comments on the application. These comments, as well as those from the case manager, will be forwarded to the applicant. Modifications to the site plan may be requires as a result of these comments. When all comments are addressed to the satisfaction of the case manager, the application will be forwarded to the Community Development director for final decision. The Site Plan review process is administrative, which means there are no public hearings before City Council or Planning Division. Please note: Approval of the Site Plan application does not mean that a building permit has been issued. Once site plan approval is attained, the applicant may submit a building permit application with the Building Division. Subdivision The first step in the subdivision process is a pre -application meeting. After the pre -application meeting is complete, a formal application may be submitted. Applications must be submitted by appointment with a planner. Incomplete applications w11 not be accepted. 1. A major subdivision involves 5 or more lots, tracts, or parcels and/or the dedication of public streets. Upon submittal of a complete application, the case manager will review the application, send it out on referral to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic Development, etc.) for review. The referral period is 15 days, during which time the referral agencies and departments may submit comments on the application. These comments, as well as those from the case manager, will be forwarded to the applicant. Modifications to the subdivision plat may be required as a result of these comments. The applicant must address comments and resubmit relevant documents. This process may need to occur several times. Once all comments have been addressed to the case manager's satisfaction, a public hearing before Planning Commission will be scheduled. Planning Commission will make a recommendation of approval, approval with conditions, or denial. The public hearing procedure is replicated before City Council for final approval. Once approved, a blackline mylar copy of the plat must be recorded with Jefferson County Clerk and Recorder. Utility Providers The City of Wheat Ridge is not a full-service city. include: The utility and service providers for this property Wheat Ridge Water, phone: 303-424-2844 Wheat Ridge Sanitation, phone: 303-424-7252 West Metro Fire, phone: 303-989-4307 5 All land use applications will be sent on referral to these agencies for comment; however staff encourages potential applicants to contact service districts ahead of time. This may help to understand any design or infrastructure requirements and potential costs associated with the proposed project. Please be aware that the above comments are for general information purposes only. Staff cannot predict the outcome of any land use development application. A favorable response from staff does not obligate any decision-making body (Community Development Director, Public Works Director, Planning Commission and/or City Council) to a desired outcome. Staff will provide the best advice available given existing regulations, current policy, political climate and information submitted. Attachments: Public Works comments, Planned Development Process Guide, ODP Checklist, SDP Checklist, Subdivision Process Guide, Subdivision Application Checklist Phone Numbers Meredith Reckert — Senior Planner 303-235-2848 Lauren Mikulak — Senior Planner 303-235-2845 Lisa Ritchie — Planner Il 303-235-2852 Dave Brossman — Development Review Engineer 303-235-2864 Mark Westberg — Projects Supervisor 303-235-2863 31 • rim Rezoning Application i °, - j-} — 1:7. - Written :7. -Written Request and Description of Proposal 45255 Yarrow St. Wheat Ridge, CO Current Zoning: R-2 Proposed Zoning: MU -N Background: 4255 Yarrow Street is a 4.52 acre parcel of land, currently zoned R-2 and occupied by a 106,000 square foot greenhouse. Following decades of productive use as greenhouse growing flowers, landscaping, and produce, the property now sits vacant and blighted. Compromised by environmental contamination, the property is no longer viable as a greenhouse or re -developable consistent with the underlying zoning. EnviroFinance Group, LLC (applicant) is under contract to acquire the property from the current owner, JDB, LLC, and proposes to redevelop the subject property into a medium density residential development, comprised of townhomes or a mix of townhomes and a small apartment or mixed-use building, consistent with the City of Wheat Ridge's Comprehensive Plan, the Wadsworth Corridor Subarea Plan, and the proposed Mixed Use — Neighborhood zone district (MU -N). Response to zone change review criteria #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. Consistent with the adopted Wadsworth Corridor Subarea Plan, the change of zone will allow for medium density residential development and/or a mix of neighborhood serving commercial development; thereby creating a balanced mix of land uses. The added density will help support a sustainable and resilient local economy along W. 44th Ave. and Wadsworth Blvd., while maintaining the character and integrity of adjacent residential neighborhoods. Immediately adjacent to two key commercial corridors, a neighborhood school, and a community garden, this change of zone will enable opportunities for unique places for people to live, work, shop, and play; as well as promote use by pedestrians, bicyclists, and transit users; and encourage active lifestyles. As such, 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 location of the property, between a single family residential neighborhood to the south and west and two commercial corridors to the north and east, makes it an ideal candidate for MU -N zoning, helping to create the zone of transition contemplated by City plans. MU -N zoning allows the property to achieve many of the City's goals while protecting the character of the surrounding single family neighborhood. Adding residential density achieves the goal of transitioning height from Main Street or Neighborhood Commercial Corridors to single family neighborhoods, and provides new households to support the commercial activity of the corridors, as well as the nearby school and gardens. Encouraging residential density within walking distance to commercial corridors also helps alleviate traffic congestion. While higher density residential development is the central objective of MU -N zoning, it also allows for commercial uses. Practically speaking, the location of the property fronting along Yarrow Street (as opposed to frontage along 44`h or Wadsworth) means that commercial development on the property is very unlikely. This is especially true now that 7850 West 44`h Avenue (the adjoining property at the comer of 44`h and Yarrow) has been developed as assisted living. Nevertheless, to protect against potential negative impacts from commercial uses on surrounding properties, MU -N zoning has built in use restrictions, excluding uses such as storage, warehouse, industrial, and large retail; as well as providing guidance and requirements on design elements. Should a commercial use be viable in this location, these requirements help to ensure development is consistent with community expectations and set parameters for density, height, setbacks, open space, and more. To that end, the potential for commercial development on the property is likely limited to smaller neighborhood serving retail, such as a coffee shop, integrated into the ground floor of a multi -family development. A commercial use such as this can be integrated into the site plan and serve both the residents of this property, as well as surrounding neighbors and offices. Finally, the change of zoning will encourage reinvestment in and redevelopment of a contaminated, blighted property and eliminate the negative impacts on the surrounding residential and commercial property. As such, the proposed change of zone is a sensible step towards preserving the public health, safety, and general welfare of the citizens of Wheat Ridge, and a proactive step to support the positive planned growth of W. 44th Ave. and Wadsworth Blvd. Response to zone change review criteria #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. Applicant confirms that 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. Dry Utilities: The site is currently served by electricity and gas (Xcel). Water and Sanitation: The Wheat Ridge Water District and Wheat Ridge Sanitation District have confirmed there is adequate infrastructure to support a 10-21 unit per acre mixed-use project. An extension of a sewer line down Yarrow St. may be necessary and will be accommodated as part of development. Transportation: Vehicular — Most of the vehicular access to and from the site will be though the regional highway network of I-70 and Wadsworth Blvd. (SH 121) east and north of the site. To a lesser extent Colfax (US 40) and 6th Avenue (US 6) will serve trips south of the site. Wadsworth Blvd. as a major arterial roadway with four capacity lanes plus auxiliary and turn lanes is a primary north/south connection to the regional network. Wadsworth Blvd. intersects with W. 44th Ave. and W. 41st Ave. which connect to the local roadways serving the site. W. 44th Ave. is the closest east/west roadway to the site and transitions from the Wadsworth traffic signal controlled intersection to a four lane main collector/minor arterial with four capacity lanes and no turn lanes. W. 41 st Ave., south of the site, is a local street that intersects with Wadsworth Blvd. at a two-way stop condition. W. 41st Ave. intersects with Yarrow Court which serves the site. Two site access locations are anticipated off Yarrow Street along the east property line. Yarrow Street, a local street with an approximate width of 33 feet, supports two north/south lanes and on -street parking on both sides of the street. Yarrow St. is currently not striped and is stop controlled at the W. 44th Ave. intersection. Yarrow St. terminates at W. 42nd Ave. in an elbow configuration. One site access is proposed off W. 42nd Ave. west of an intersection with Yarrow Ct. Yarrow Ct. intersects with W. 41st Ave. in a "T" configuration south of the site. Planned City roadway improvements include the widening of Wadsworth Blvd. to six capacity plus turn lanes. Future plans also include a traffic signal at the W. 41 st Avenue and Wadsworth Blvd. intersection. Bicycle — There are currently no dedicated bicycle facility in the vicinity of the site, however the Wadsworth Blvd. planning study and the City of Wheat Ridge Comprehensive Plan indicates Bike lanes on Wadsworth Blvd. and W. 44th Ave. Pedestrian — There are currently attached sidewalks on the perimeter streets including Wadsworth Blvd., W. 44th Ave., Yarrow St., and W. 41 st Ave. The Wheat Ridge Comprehensive Plan indicates sidewalks with buffer on Wadsworth Blvd. Transit — Transit in the area includes RTD Bus service on Wadsworth Blvd., W. 44th Ave., and 38th Ave. In addition, the Gold Line commuter rail, approximately 1.8 miles from the site, provides service to downtown Denver and Ward Road in western Wheat Ridge. Trip Generation — Vehicle trips associated with the proposed change of zone were calculated by Matrix Design Group using the Trip Generation Manual, 9th Edition, Institute of Transportation Engineers. Two land use scenarios were assumed. The first scenario maxes out the allowable residential density and considers 40 apartment units and 55 townhouse units. The second "expected" scenario assumes a market driven outcome and considers 70 townhouse units. The 40 apartment units and 55 townhouse units generates the most traffic between the two scenario with 749 ADT and 57 AM peak hour, and 77 PM peak hour trips. The expected outcome of 70 townhouse units generates 472 ADT and 39 AM peak hour, and 54 PM peak hour trips. Applicant acknowledges that the City of Wheat Ridge criteria require that a site plan generating more than 60 peak hour trips will require a Traffic Impact Study (TIS) at the time of submittal. Storm Drainage: This site is located on a FEMA Zone X and according to the FEMA website this means the site is outside the 0.2% chance floodplain and at low to moderate risk of flooding. Storage and treatment of runoff on sites in the City of Wheat Ridge is required for all developments within city limits. All detention facilities, unless designated as regional detention facilities by the City of Wheat Ridge, are to be privately owned and maintained. Redevelopment of the site under the proposed zoning would be classified as a Major Redevelopment according to the City of Wheat Ridge Site Drainage Requirements because it will disturb more than 10,000 square feet of the existing impervious area of the site. Applicant acknowledges that there is no existing storm water drainage infrastructure on or adjacent to the site and, as such, the site will likely need to provide full infiltration for the detention facility and that storm water plans and reports will require review and approval by the City of Wheat Ridge Public Works department. CONCLUSION: Regardless of the proposed zone change, redevelopment of the property known as 4255 Yarrow will require an onsite detention and infiltration system for storm drainage infrastructure to support development. With the construction of an infiltration facility, no storm water infrastructure improvements are anticipated to be required off-site to provide service to this project. Any project developed under the current or proposed zone will follow the City of Wheat Ridge City Code and City of Wheat Ridge Engineering Regulations and Design Standards for concept and formal submittals to obtain services. No offsite dry utility or water infrastructure will be required to support redevelopment of the property. Modest upgrades to the existing sanitary sewer pipe in Yarrow Street are expected. Expected transportation related improvements are sidewalks, curb ramps at entrance drives, and signing at access locations, as well as possible signing and striping improvement along Yarrow Street. Response to zone change review criteria #3a: 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 city -approved policies or plans for the area. The proposed zone change is consistent with the Envision Wheat Ridge Comprehensive Plan and the Wadsworth Corridor Subarea Plan, and is a catalyst to achieve a number of the stated goals and strategies set forth in these plans. In certain areas, zone change is needed to bring the property into conformance with these plans. Envision Wheat Ridge Comprehensive Plan Two of the six stated key values of the Envision Wheat Ridge Comprehensive Plan—Creating a Resilient Local Economy Based on a Balanced Mix of Land Uses and Promoting Vibrant Neighborhoods and an Array of Housing Options—are directly enhanced through a zone change to MU -N. More specifically, the following excerpts speak to the connection between this zone change and conformance with the Envision Wheat Ridge Comprehensive Plan. CHAPTER 4: Economy and Land Use "In order for Wheat Ridge to continue to be viable residential community, and to maintain existing levels of services (such as police protection, roadway maintenance, and parks and recreation amenities) the City must chart a new course for the future to establish a diverse mix of land uses to build and sustain a broad and resilient tax base." Economy and Land Use Goal 2: "Attract quality retail development and actively retain existing retailers to locate in Wheat Ridge." Economy and Land Use Goal 4: "Increase the diversity of land uses." Economy and Land Use Policy 4.1– Efficient Use of Limited Land: "Because of the limited amount of land available for new development, the City will require efficient use of newly developing and redeveloping areas by promoting higher -intensity development." Economy and Land Use Policy 4. 1 –Efficient Use of Limited Land, Strategies A and B: "A - Emphasize mixed-use development in developing and redeveloping areas", `B -Develop a new mixed-use zoning district and associated land use regulations." Economy and Land Use Goal S: "Revitalize key redevelopment areas." A zone change to MU -N provides a critical mass to support existing and future retail, diversifies existing land uses, revitalizes a key redevelopment area near W. 44th Ave. and Wadsworth Blvd., and deploys the City's new mixed-use zoning. Additionally, townhomes, a development outcome not possible under the current zone, can often offer greater square footage than nearby single family homes, and are new construction, leading to increased property tax for the City. With "nearly 60% of general City revenues coming from sales tax" (pg. 33), the density associated with MU -N offers an opportunity to bolster property tax as a complement to sales tax. CHAPTER 5: Neighborhoods and Housing "The edges of neighborhoods, displayed as Neighborhood Buffer Areas on the Structure Plan, correspond with areas that have generally shifted away from predominately single-family owner -occupied uses over time, to a mix of uses .... According to the NRS, the homogenous nature of the city's housing stock is a somewhat limiting factor in attracting new residents and households. This is due to the fact that the housing types available in Wheat Ridge are generally older and smaller than the current Jefferson County market demands ....As reinvestment and redevelopment occur in revitalization and Neighborhood Buffer areas, it will be important to add new housing types." Neighborhoods and Housing Goal 2: "Increase housing options." Neighborhoods and Housing Policy 2.1: "The City will direct the development of new housing types such as townhomes, condos/lofts, and senior living units (especially in Neighborhood Revitalization, Neighborhood Buffer, and other mixed-use areas) to meet market demand." Neighborhoods and Housing Goal 4: "Stimulate investment and redevelopment in Neighborhood Buffer Areas." The property is located adjacent to a Neighborhood Buffer area, MU -N provides variety of housing options in a way R-2 cannot, and responds to the market by providing more square footage than the current single family housing stock pervasive in Wheat Ridge. In addition to diversifying the available housing options, the proposed zone change will help facilitate new families moving Wheat Ridge. CHAPTER 7: Transportation "While the city's established bus transit and trail systems are tremendous assets, there are opportunities to improve the linkages between these systems and existing neighborhoods and future activity centers. One of the primary opportunities will arise with the opening of the Gold Line commuter rail corridor that is planned for 2016." Transportation Goal 4: "Improve the coordination between transportation improvements and future land use decisions." This property takes advantage of the existing W. 44th Ave. RTD bus route and is conveniently located 1.8 miles south of the RTD Gold Line Olde Town Arvada station. CHAPTER 9: Sustainable Future "A sustainable community recognizes the importance of economic prosperity (both for individuals and the community as a whole) .... A sustainable community maintains property values and retains strong households." Sustainable Future Goal 1: "Establish and maintain a resilient and sustainable tax base." Sustainable Future Policy 1.1— Coordinated Planning, Strategy B: "Focus on attracting strong households and a healthy mix of ages within the community." MU -N allows for an array of housing types, such as townhomes. Townhomes offer larger square footage than many of the surrounding single family homes, and are ideal for young families or baby boomers looking to downsize from large properties. CHAPTER 10: Plan Implementation Code Amendments to Achieve Economic and Land Use Goals: "In general, the perception of Wheat Ridge's development review process is that it has become more challenging over the years—in part because Wheat Ridge is mostly built out, but also because the Code and regulatory structure is overly complex, somewhat out-of-date (standards and procedures), and unpredictable. It also contains regulatory "barriers" to achieve desirable patterns, such as mixed-use development." Code Amendments to Achieve Economic and Land Use Goals – Planned Developments—Over Reliance and Unpredictability: "In addition, the Code promotes overreliance on Planned Developments (PDs) for new development instead of using straight zoning districts and standards. This means development projects require multiple review steps and are subject to a high degree of discretion rather than objective standards. As a result, predictability for developers, neighborhoods, and decision -makers is low. In addition, the requirement for rezoning to PDs adds another step to the process and adds uncertainty for new developments, which can be expensive and unpredictable for businesses and industries and frustrating for neighbors." General Recommendations for New Mixed -Use Zoning Districts – Develop New Mixed -Use Zoning: "Drawing from the Architectural and Site Design Manual, the City could develop new mixed-use zoning district(s). Standards would not only ensure quality architectural design, but also address planning. For examples, they could require new projects to provide transition or buffers near single family neighborhoods, allow for shared parking, relax front setback standards so buildings relate to the street, provide ample pedestrian features, and encourage (not just allow) public gathering spaces and public art. New projects would also need to maintain essential components of Wheat Ridge's character, including landscaping and trees, and other appropriate themes." For all of the reasons stated in previous pages, a zone change is critical for redevelopment of this property, and redevelopment to medium density is an effective way to advance many of Wheat Ridge's stated goals. A zone change to MU -N allows this desired development and puts into practice a new zoning district that Wheat Ridge's has proactively developed to catalyze the type of development and impact it is looking for, while maintaining a level of quality control. In the case of a contaminated site such as this one, the City's Mixed Use zone district encourages redevelopment of a site already burdened by the regulatory demands of remediation. Wadsworth Corridor Subarea Plan Two of the Wadsworth Corridor Subarea Plan's eight goals Improve the success of businesses along Wadsworth Boulevard and Create a town center with vitality, attractive shopping and a gathering space for the community—are aided by a zone change for this property to MU -N, which allows higher density and more homeowners near the corridor. Furthermore, a zone change to MU -N allows for a redevelopment that directly matches the fifth major plan feature: "In general, encourage a gradual increase in density and building height closer to Wadsworth Boulevard to provide the critical mass of users and residents that will help support the businesses in the Corridor and brings life into this town center as well as prevent encroachment into the residential neighborhoods east and west of the Subarea." CHAPTER 2.6: Future Land Use Figure 3: Recommended Land Uses in the Wadsworth Corridor: This map lays out a land use map where the eastern half of this property is defined as Medium -High Density Residential — "Medium -High Density Residential land use will be developed between ten and twenty-one units to the acre. This range includes townhomes, condominiums and apartments." A zone change to MU -N is consistent with this recommendation and will bring the property into conformance with Wadsworth Corridor Subarea Plan. CHAPTER 3.7: Density "In the proposed town center area between W. 38th Avenue and W. 44th Avenue, higher densities (10-20 units per acre) could be encouraged over and above commercial uses. Densities will be "feathered" (gradually decreased) along the edges of the corridor to make a transition to adjacent zoning." This property is situated near the edge of the W. 44th Ave. corridor and with MU -N zoning provides an opportunity to "feather" height between the corridor and single family neighborhoods. Current zoning provides little opportunity for feathering and instead requires single family neighborhoods adjacent to the corridor. CHAPTER 4.6: Economic Development "The report documented the decline of stronger sales tax generators (i.e. food stores, eating/drinking establishments, building materials and finance/insurance and real estate). The report observed that stronger tax generation may be possible by the growth of these industries, but also observed that the affluence of local households is a key factor in attracting and retaining these businesses" "To create a successful retail environment and encourage redevelopment, residential densities need to be increased in this area. Changing the land use along the corridor to include a higher density residential component associated with mixed us will assist in the creation of a retail environment." "Roughly sixty-seven percent of Wheat Ridge's multifamily housing market is rental" "The City should look for other partners such as Wheat Ridge 2020 to help acquire and land- bank problem properties in the corridor as they become available. Finally, the City should consider using their authority to acquire lots at fair market prices and to condemn as necessary." MU -N allows for increased density, which can help support nearby retail, and an array of housing types, which can accommodate some higher priced homes that cater to more affluent residents. Property redevelopment presents a unique opportunity for a large for sale residential development such as town houses, which will help balance out Wheat Ridge's current 67% rental multifamily housing market. Response to zone chance review criteria #3c: A change of character in the area has occurred or is occurrine 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. The proposed zone change to MU -N is in response to the changed and changing conditions in the W. 44th Ave. and Wadsworth Blvd. corridors and more specifically the property itself. W. 44th Ave. and Wadsworth Blvd. Corridors Both corridors are seeing increased development activity, and the Wadsworth corridor, between W. 38th Ave. and W. 44th Ave., is one of five target redevelopment areas in Wheat Ridge (Envision Wheat Ridge, Executive Summary, page 5-6). The City has identified the desire to create a vibrant Town Center in this area, and has created an Urban Renewal Area to help accelerate many of these goals. Wheat Ridge voters recently approved Ballot Initiative 2E providing approximately $33 million public improvements including the reconstruction of Wadsworth Boulevard. Plans for the corridor include significant upgrades to the intersection with W. 44th Ave. and new lighted intersections to the south. This is a significant change to the immediate area and will positively impact redevelopment and reinvestment along and adjacent to the corridors consistent with City plans. Wadsworth Corridor Subarea Plan This property is recommended to be a Medium High Density Residential area as part of the Wadsworth Corridor Subarea Plan, which is a change from its current R-2 land use. Pro e Greenhouse operations on this property have long sense ceased, and the property has changed from being an asset to a liability. The vacant, dilapidated building runs the risk of continuing to deteriorate if the property cannot be redeveloped. In conclusion, the change in the character and condition of the property, as well as the nature of and proposed upgrades to nearby corridors, supports a change of zone for this property. The zone change best serves the public interest of the citizens of Wheat Ridge by allowing a derelict property to redevelop while also advancing many of Wheat Ridge's stated planning goals and objectives. 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'.''�'.'.'.'.'.'.'•333.5'•••••••'•••••'•'•'•••'•'•••••'.•••.••' z lx I 0im C VEL gg CONI. ROOF BOILER RDOM ^[ri im Q I OOto 3� 61.4' 43 to r 150' J D I ce ANTE I ~ 5' �iLi�isi0A1[ Rpl3l I I O 600_17'44'N_23D.00'41 _ _ H 0- I 1 z° ---'—YARROW ST. 8 50 PUBLIC O.W.�-----------J--J ai BOOK 1923 P96E 526 i'l RP5 011111 p °g'� RSA pg� >, € g ,.a F€mz $ 4 Jg' Ftp a�� P 41 L_ 4 gA O aF rb S A g F lN � n R A57 December 21, 2016 City of Wheat Ridge Attn Planning & Development Services 75M W. 29" Ave, 2' floor Wheat Ridge, CO BW33 RE: Zone Change Application for 4255 Yarrow Street. Dear Ms Reckert, As President of ADB, LLC, the owner of the property located at 4255 Yarrow Street, please accept this letter as my written authonzation for EnviroFinance Group, LLC to submit a Zone Change application. JDB, IAC J e. Kevin Byerly President Scanned by CarnScanner qz935 1lAnaoS - La� PARCEL A: THAT PART OF THE NEORTHWEST % OF THE NORTHEAST % OF THE SOUTHWEST % SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6T" PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING ATA POINT WHICH BEARS NORTH [00'15'28] EAST, 160 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST % ON THE WEST LINE THEREOF; THENCE NORTH ALONG THE EAST LINE OF SAID NORTHEWEST % DISTANCE OF [234] FEET; THENCE EAST PARALLEL TO THE SOUTH BOUNDARY OF SAID NORTHWEST % TO THE WEST BOUNDARY LINE YARROW STREET AS DESCRIBED IN INSTRUMENT RECORDED DECEMBER 4, 1961 IN BOOK [1429] AT PAGE [526], JEFFERSON COUNTY RECORDS; THENCE SOUTH [00'17''44] WEST ALONG THE WEST LINE OF YARROW STREET TO A POINT [15] FEET NORTH OF THE SOUTH BOUNDARY LINE OF SAID NORTHWEST %; THENCE TO THE RIGHT ALONG THE ARC OF A CURVE, HAVING A RADIUS OF [15] FEET, A DISTANCE OF [23.56] FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST [1/4]; THENCE NORTH [89 "47'19"1 WEST ALONG THE SOUTH LINE OF SAID NORTHWEST % A ]STANCE OF [260.72 FEET; THENCE NORTH PARALLEL TO THE WEST BOUNDARY LINE OF SAID NORTHWEST % A DISTANCE OF [160] FEET; THENCE WEST AND PARALLEL TO THE SOUTHERLY LINE OF SAID NORTHWEST % A DISTANCE OF [358] FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL B: ACCESS AND EASEMENT MAINTENANCE EASEMENTS AS GRANTED AND SET FORTH IN THE WARRANTY DEED RECORDED [AUGUST 26, 1976] IN BOOK [2894] AT PAGE [513]. SUBJECT TO ALL RIGHTS OF WAY AND EASEMENTS OF RECORD. PARCEL C: THAT PART OF THE NEORTHWEST % OF THE NORTHEAST % OF THE SOUTHWEST % SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6T" PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST % AND FOLLOWING THE WEST LINE THEREOF NORTH [0"15'28] EAST A DISTANCE OF [394.00] FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE RECORDED AUGUST 26, 19761N BOOK [2894] AT PAGE [513], SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE CHARLES GRAUL JR. MINOR SUBDIVISION; THENCE SOUTH [89 " 47 " 19"1 EAST ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED AUGUST 26, 19761N BOOK [2894] AT PAGE [513] A DISTANCE OF [104.15] FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID PARCEL SOUTH [89"47' 19'] EAST A DISTANCE OF [529.99] FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF YARROW STREET; THENCE FOLLOWING THE WEST RIGHT OF WAY LINE OF YARROW STREET NORTH [0 "17' 44"] EAST A DISTANCE OF [7.10] FEET TO THE SOUTHEAST CORNER OF THE CHARLES GRAUL JR. MINOR SUBDIVISION; THENCE FOLLOWING THE SOUTH LINE OF THE CHARLES GRAUL JR. MINOR SUBDIVISION NORTH [89 "47'52 '] WEST A DISTANCE OF [530.0] FEET; THENCE SOUTH [0" 15'28'] WEST A DSITANCE OF [7.02] FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF JEFFERSON, STATE OF COLORADO PARCEL D: NON-EXCLUSIVE EASEMENT FOR SEWER LINE AS GRANTED AND SET FORTH IN EASEMENT AGREEMENT RECORDED MAY 18, 2009 UNDER RECEPTION NO. 2009044993. Rezoning Application Written Request and Description of Proposal 45255 Yarrow St. Wheat Ridge, CO Current Zoning: R-2 Proposed Zoning: MU -N Backeround: 4255 Yarrow Street is a 4.52 acre parcel of land, currently zoned R-2 and occupied by a 106,000 square foot greenhouse. Following decades of productive use as greenhouse growing flowers, landscaping, and produce, the property now sits vacant and blighted. Compromised by environmental contamination, the property is no longer viable as a greenhouse or re -developable consistent with the underlying zoning. EnviroFinance Group, LLC (applicant) is under contract to acquire the property from the current owner, JDB, LLC, and proposes to redevelop the subject property into a medium density residential development, comprised of townhomes or a mix of townhomes and a small apartment or mixed-use building, consistent with the City of Wheat Ridge's Comprehensive Plan, the Wadsworth Corridor Subarea Plan, and the proposed Mixed Use —Neighborhood zone district (MU -N). Response to zone chance review criteria #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. Consistent with the adopted Wadsworth Corridor Subarea Plan, the change of zone will allow for medium density residential development and/or a mix of neighborhood serving commercial development; thereby creating a balanced mix of land uses. The added density will help support a sustainable and resilient local economy along W. 44th Ave. and Wadsworth Blvd., while maintaining the character and integrity of adjacent residential neighborhoods. Immediately adjacent to two key commercial corridors, a neighborhood school, and a community garden, this change of zone will enable opportunities for unique places for people to live, work, shop, and play; as well as promote use by pedestrians, bicyclists, and transit users; and encourage active lifestyles. As such, 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 location of the property, between a single family residential neighborhood to the south and west and two commercial corridors to the north and east, makes it an ideal candidate for MU -N zoning, helping to create the zone of transition contemplated by City plans. MU -N zoning allows the property to achieve many of the City's goals while protecting the character of the surrounding single family neighborhood. Adding residential density achieves the goal of transitioning height from Main Street or Neighborhood Commercial Corridors to single family neighborhoods, and provides new households to support the commercial activity of the corridors, as well as the nearby school and gardens. Encouraging residential density within walking distance to commercial corridors also helps alleviate traffic congestion. MU -N zoning has built in use restrictions, excluding uses such as storage, warehouse, industrial, and large retail, as well as guidance and requirements on design elements. Should a commercial use be viable in this location, these requirements ensure development is consistent with community expectations and set parameters for density, height, setbacks, open space, and more. The details contained within MU -N zoning protect the surrounding area from significant adverse impact associated with new development. Finally, the change of zoning will encourage reinvestment in and redevelopment of a contaminated, blighted property and eliminate the negative impacts on the surrounding residential and commercial property. As such, the proposed change of zone is a sensible step towards preserving the public health, safety, and general welfare of the citizens of Wheat Ridge, and a proactive step to support the positive planned growth of W. 44th Ave. and Wadsworth Blvd. Response to zone change review criteria #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. Applicant confirms that 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. Dry Utilities: The site is currently served by electricity and gas (Xcel). Water and Sanitation: The Wheat Ridge Water District and Wheat Ridge Sanitation District have confirmed there is adequate infrastructure to support a 10-21 unit per acre mixed-use project. An extension of a sewer line down Yarrow St. may be necessary and will be accommodated as part of development. Transportation: Vehicular — Most of the vehicular access to and from the site will be though the regional highway network of I-70 and Wadsworth Blvd. (SH 12 1) east and north of the site. To a lesser extent Colfax (US 40) and 6th Avenue (US 6) will serve trips south of the site. Wadsworth Blvd. as a major arterial roadway with four capacity lanes plus auxiliary and turn lanes is a primary north/south connection to the regional network. Wadsworth Blvd. intersects with W. 44th Ave. and W. 41st Ave. which connect to the local roadways serving the site. W. 44th Ave. is the closest east/west roadway to the site and transitions from the Wadsworth traffic signal controlled intersection to a four lane main collector/minor arterial with four capacity lanes and no turn lanes. W. 41 st Ave., south of the site, is a local street that intersects with Wadsworth Blvd. at a two-way stop condition. W. 41st Ave. intersects with Yarrow Court which serves the site. Two site access locations are anticipated off Yarrow Street along the east property line. Yarrow Street, a local street with an approximate width of 33 feet, supports two north/south lanes and on -street parking on both sides of the street. Yarrow St. is currently not striped and is stop controlled at the W. 44th Ave. intersection. Yarrow St. terminates at W. 42nd Ave. in an elbow configuration. One site access is proposed off W. 42nd Ave. west of an intersection with Yarrow Ct. Yarrow Ct. intersects with W. 41st Ave. in a "T" configuration south of the site. Planned City roadway improvements include the widening of Wadsworth Blvd. to six capacity plus turn lanes. Future plans also include a traffic signal at the W. 41st Avenue and Wadsworth Blvd. intersection. Bicycle — There are currently no dedicated bicycle facility in the vicinity of the site, however the Wadsworth Blvd. planning study and the City of Wheat Ridge Comprehensive Plan indicates Bike lanes on Wadsworth Blvd. and W. 44th Ave. Pedestrian — There are currently attached sidewalks on the perimeter streets including Wadsworth Blvd., W. 44th Ave., Yarrow St., and W. 41 st Ave. The Wheat Ridge Comprehensive Plan indicates sidewalks with buffer on Wadsworth Blvd. Transit — Transit in the area includes RTD Bus service on Wadsworth Blvd., W. 44th Ave., and 38th Ave. In addition, the Gold Line commuter rail, approximately 1.8 miles from the site, provides service to downtown Denver and Ward Road in western Wheat Ridge. Trip Generation — Vehicle trips associated with the proposed change of zone were calculated by Matrix Design Group using the Trip Generation Manual, 9th Edition, Institute of Transportation Engineers. Two land use scenarios were assumed. The first scenario maxes out the allowable residential density and considers 40 apartment units and 55 townhouse units. The second "expected" scenario assumes a market driven outcome and considers 70 townhouse units. The 40 apartment units and 55 townhouse units generates the most traffic between the two scenario with 749 ADT and 57 AM peak hour, and 77 PM peak hour trips. The expected outcome of 70 townhouse units generates 472 ADT and 39 AM peak hour, and 54 PM peak hour trips. Applicant acknowledges that the City of Wheat Ridge criteria require that a site plan generating more than 60 peak hour trips will require a Traffic Impact Study (TIS) at the time of submittal. Storm Drainage: This site is located on a FEMA Zone X and according to the FEMA website this means the site is outside the 0.2% chance floodplain and at low to moderate risk of flooding. Storage and treatment of runoff on sites in the City of Wheat Ridge is required for all developments within city limits. All detention facilities, unless designated as regional detention facilities by the City of Wheat Ridge, are to be privately owned and maintained. Redevelopment of the site under the proposed zoning would be classified as a Major Redevelopment according to the City of Wheat Ridge Site Drainage Requirements because it will disturb more than 10,000 square feet of the existing impervious area of the site. Applicant acknowledges that there is no existing storm water drainage infrastructure on or adjacent to the site and, as such, the site will likely need to provide full infiltration for the detention facility and that storm water plans and reports will require review and approval by the City of Wheat Ridge Public Works department. CONCLUSION: Regardless of the proposed zone change, redevelopment of the property known as 4255 Yarrow will require an onsite detention and infiltration system for storm drainage infrastructure to support development. With the construction of an infiltration facility, no storm water infrastructure improvements are anticipated to be required off-site to provide service to this project. Any project developed under the current or proposed zone will follow the City of Wheat Ridge City Code and City of Wheat Ridge Engineering Regulations and Design Standards for concept and formal submittals to obtain services. No offsite dry utility or water infrastructure will be required to support redevelopment of the property. Modest upgrades to the existing sanitary sewer pipe in Yarrow Street are expected. Expected transportation related improvements are sidewalks, curb ramps at entrance drives, and signing at access locations, as well as possible signing and striping improvement along Yarrow Street. Response to zone chane review criteria #3a: 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 city -approved policies or plans for the area. The proposed zone change is consistent with the Envision Wheat Ridge Comprehensive Plan and the Wadsworth Corridor Subarea Plan, and is a catalyst to achieve a number of the stated goals and strategies set forth in these plans. In certain areas, zone change is needed to bring the property into conformance with these plans. Envision Wheat Ridge Comprehensive Plan Two of the six stated key values of the Envision Wheat Ridge Comprehensive Plan—Creating a Resilient Local Economy Based on a Balanced Mix of Land Uses and Promoting Vibrant Neighborhoods and an Array of Housing Options—are directly enhanced through a zone change to MU -N. More specifically, the following excerpts speak to the connection between this zone change and conformance with the Envision Wheat Ridge Comprehensive Plan. CHAPTER 4: Economy and Land Use "In order for Wheat Ridge to continue to be viable residential community, and to maintain existing levels of services (such as police protection, roadway maintenance, and parks and recreation amenities) the City must chart a new course for the future to establish a diverse mix of land uses to build and sustain a broad and resilient tax base." Economy and Land Use Goal 2: "Attract quality retail development and actively retain existing retailers to locate in Wheat Ridge." Economy and Land Use Goal 4: "Increase the diversity of land uses." Economy and Land Use Policy 4.1– Efficient Use of Limited Land: "Because of the limited amount of land available for new development, the City will require efficient use of newly developing and redeveloping areas by promoting higher -intensity development." Economy and Land Use Policy 4.1– Efficient Use of Limited Land, Strategies A and B: "A - Emphasize mixed-use development in developing and redeveloping areas", `B -Develop a new mixed-use zoning district and associated land use regulations." Economy and Land Use Goal S: "Revitalize key redevelopment areas." A zone change to MU -N provides a critical mass to support existing and future retail, diversifies existing land uses, revitalizes a key redevelopment area near W. 44th Ave. and Wadsworth Blvd., and deploys the City's new mixed-use zoning. Additionally, townhomes, a development outcome not possible under the current zone, can often offer greater square footage than nearby single family homes, and are new construction, leading to increased property tax for the City. With "nearly 60% of general City revenues coming from sales tax" (pg. 33), the density associated with MU -N offers an opportunity to bolster property tax as a complement to sales tax. CHAPTER 5: Neighborhoods and Housing "The edges of neighborhoods, displayed as Neighborhood Buffer Areas on the Structure Plan, correspond with areas that have generally shifted away from predominately single-family owner -occupied uses over time, to a mix of uses .... According to the NRS, the homogenous nature of the city's housing stock is a somewhat limiting factor in attracting new residents and households. This is due to the fact that the housing types available in Wheat Ridge are generally older and smaller than the current Jefferson County market demands ....As reinvestment and redevelopment occur in revitalization and Neighborhood Buffer areas, it will be important to add new housing types." Neighborhoods and Housing Goal 2: "Increase housing options." Neighborhoods and Housing Policy 2.1: "The City will direct the development of new housing types such as townhomes, condos/lofts, and senior living units (especially in Neighborhood Revitalization, Neighborhood Buffer, and other mixed-use areas) to meet market demand." Neighborhoods and Housing Goal 4: "Stimulate investment and redevelopment in Neighborhood Buffer Areas." The property is located adjacent to a Neighborhood Buffer area, MU -N provides variety of housing options in a way R-2 cannot, and responds to the market by providing more square footage than the current single family housing stock pervasive in Wheat Ridge. In addition to diversifying the available housing options, the proposed zone change will help facilitate new families moving Wheat Ridge. CHAPTER 7: Transportation "While the city's established bus transit and trail systems are tremendous assets, there are opportunities to improve the linkages between these systems and existing neighborhoods and future activity centers. One of the primary opportunities will arise with the opening of the Gold Line commuter rail corridor that is planned for 2016." Transportation Goal 4: "Improve the coordination between transportation improvements and future land use decisions." This property takes advantage of the existing W. 44th Ave. RTD bus route and is conveniently located 1.8 miles south of the RTD Gold Line Olde Town Arvada station. CHAPTER 9: Sustainable Future "A sustainable community recognizes the importance of economic prosperity (both for individuals and the community as a whole) .... A sustainable community maintains property values and retains strong households." Sustainable Future Goal 1: "Establish and maintain a resilient and sustainable tax base." Sustainable Future Policy 1.1– Coordinated Planning, Strategy B: "Focus on attracting strong households and a healthy mix of ages within the community." NU -N allows for an array of housing types, such as townhomes. Townhomes offer larger square footage than many of the surrounding single family homes, and are ideal for young families or baby boomers looking to downsize from large properties. CHAPTER 10: Plan Implementation Code Amendments to Achieve Economic and Land Use Goals: "In general, the perception of Wheat Ridge's development review process is that it has become more challenging over the years—in part because Wheat Ridge is mostly built out, but also because the Code and regulatory structure is overly complex, somewhat out-of-date (standards and procedures), and unpredictable. It also contains regulatory "barriers" to achieve desirable patterns, such as mixed-use development." Code Amendments to Achieve Economic and Land Use Goals – Planned Developments—Over Reliance and Unpredictability: "In addition, the Code promotes overreliance on Planned Developments (PDs) for new development instead of using straight zoning districts and standards. This means development projects require multiple review steps and are subject to a high degree of discretion rather than objective standards. As a result, predictability for developers, neighborhoods, and decision -makers is low. In addition, the requirement for rezoning to PDs adds another step to the process and adds uncertainty for new developments, which can be expensive and unpredictable for businesses and industries and frustrating for neighbors." General Recommendations for New Mixed -Use Zoning Districts – Develop New Mixed --Use Zoning.- "Drawing from the Architectural and Site Design Manual, the City could develop new mixed-use zoning district(s). Standards would not only ensure quality architectural design, but also address planning. For examples, they could require new projects to provide transition or buffers near single family neighborhoods, allow for shared parking, relax front setback standards so buildings relate to the street, provide ample pedestrian features, and encourage (not just allow) public gathering spaces and public art. New projects would also need to maintain essential components of Wheat Ridge's character, including landscaping and trees, and other appropriate themes." For all of the reasons stated in previous pages, a zone change is critical for redevelopment of this property, and redevelopment to medium density is an effective way to advance many of Wheat Ridge's stated goals. A zone change to MU -N allows this desired development and puts into practice a new zoning district that Wheat Ridge's has proactively developed to catalyze the type of development and impact it is looking for, while maintaining a level of quality control. In the case of a contaminated site such as this one, the City's Mixed Use zone district encourages redevelopment of a site already burdened by the regulatory demands of remediation. Wadsworth Corridor Subarea Plan Two of the Wadsworth Corridor Subarea Plan's eight goals Improve the success of businesses along Wadsworth Boulevard and Create a town center with vitality, attractive shopping and a gathering space for the community—are aided by a zone change for this property to MU -N, which allows higher density and more homeowners near the corridor. Furthermore, a zone change to MU -N allows for a redevelopment that directly matches the fifth major plan feature: "In general, encourage a gradual increase in density and building height closer to Wadsworth Boulevard to provide the critical mass of users and residents that will help support the businesses in the Corridor and brings life into this town center as well as prevent encroachment into the residential neighborhoods east and west of the Subarea." CHAPTER 2.6: Future Land Use Figure 3: Recommended Land Uses in the Wadsworth Corridor: This map lays out a land use map where the eastern half of this property is defined as Medium -High Density Residential – "Medium -High Density Residential land use will be developed between ten and twenty-one units to the acre. This range includes townhomes, condominiums and apartments." A zone change to MU -N is consistent with this recommendation and will bring the property into conformance with Wadsworth Corridor Subarea Plan. CHAPTER 3.7: Density "In the proposed town center area between W. 38th Avenue and W. 44th Avenue, higher densities (10-20 units per acre) could be encouraged over and above commercial uses. Densities will be "feathered" (gradually decreased) along the edges of the corridor to make a transition to adjacent zoning." This property is situated near the edge of the W. 44th Ave. corridor and with MU -N zoning provides an opportunity to "feather" height between the corridor and single family neighborhoods. Current zoning provides little opportunity for feathering and instead requires single family neighborhoods adjacent to the corridor. CHAPTER 4.6: Economic Development "The report documented the decline of stronger sales tax generators (i.e. food stores, eating/drinking establishments, building materials and finance/insurance and real estate). The report observed that stronger tax generation may be possible by the growth of these industries, but also observed that the affluence of local households is a key factor in attracting and retaining these businesses" "To create a successful retail environment and encourage redevelopment, residential densities need to be increased in this area. Changing the land use along the corridor to include a higher density residential component associated with mixed us will assist in the creation of a retail environment." "Roughly sixty-seven percent of Wheat Ridge's multifamily housing market is rental" "The City should look for other partners such as Wheat Ridge 2020 to help acquire and land- bank problem properties in the corridor as they become available. Finally, the City should consider using their authority to acquire lots at fair market prices and to condemn as necessary." MU -N allows for increased density, which can help support nearby retail, and an array of housing types, which can accommodate some higher priced homes that cater to more affluent residents. Property redevelopment presents a unique opportunity for a large for sale residential development such as town houses, which will help balance out Wheat Ridge's current 67% rental multifamily housing market. Response to zone chance review criteria #3c: A change of character in the area has occurred or is occurrine to such a decree that it is in the public interest to encouraae redevelopment of the area or to recognize the chaneine character of the area. The proposed zone change to MU -N is in response to the changed and changing conditions in the W. 44th Ave. and Wadsworth Blvd. corridors and more specifically the property itself. W. 44th Ave. and Wadsworth Blvd. Corridors Both corridors are seeing increased development activity, and the Wadsworth corridor, between W. 38th Ave. and W. 44th Ave., is one of five target redevelopment areas in Wheat Ridge (Envision Wheat Ridge, Executive Summary, page 5-6). The City has identified the desire to create a vibrant Town Center in this area, and has created an Urban Renewal Area to help accelerate many of these goals. Wheat Ridge voters recently approved Ballot Initiative 2E providing approximately $33 million public improvements including the reconstruction of Wadsworth Boulevard. Plans for the corridor include significant upgrades to the intersection with W. 44th Ave. and new lighted intersections to the south. This is a significant change to the immediate area and will positively impact redevelopment and reinvestment along and adjacent to the corridors consistent with City plans. Wadsworth Corridor Subarea Plan This property is recommended to be a Medium High Density Residential area as part of the Wadsworth Corridor Subarea Plan, which is a change from its current R-2 land use. Pro e Greenhouse operations on this property have long sense ceased, and the property has changed from being an asset to a liability. The vacant, dilapidated building runs the risk of continuing to deteriorate if the property cannot be redeveloped. In conclusion, the change in the character and condition of the property, as well as the nature of and proposed upgrades to nearby corridors, supports a change of zone for this property. The zone change best serves the public interest of the citizens of Wheat Ridge by allowing a derelict property to redevelop while also advancing many of Wheat Ridge's stated planning goals and objectives. MU -N allows an array of housing options, supports a variety of users at different socio-economic scales, including homeownership opportunities for young families, provides density to support nearby commerce and diversifies and strengthens the tax base. MU -N in this specific location takes advantage of the W. 44th Ave. bus route and nearby Light Rail options, creates a critical mass within walking distance of already identified commercial nodes, and provides buffers to protect the character of the surrounding single family neighborhood. City Of �W heatdge coMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: December 30, 2016 Response Due: January 13, 2016 The Wheat Ridge Community Development Department has received a request for approval of a zone change from Residential -Two (R-2) to Mixed Use- Neighborhood (MU -N) for property located at 4255 Yarrow Kipling Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-16-08/EFG Request: Approval of a zone change from (R-2) to Mixed Use -Neighborhood (MU -N). The property is located in the southwest quadrant of 44th Avenue and Yarrow Street. The property is 4.52 acres in size and has a vacant greenhouse on it. The applicant is requesting a zone change to Mixed Use — Neighborhood in order to redevelop the site. Although the MU -N zone district allows commercial and residential uses, the applicant has indicated that it will most likely be redeveloped residentially. There is no specific development scenario at this point in time. The zone change is the first step of the process for redevelopment of the site. Although there is no specific development scenario included with this referral, if approved and prior to construction of any new structures, a site development plan and subdivision plat approval will be required and will be referred to City departments and outside agencies. Please inform the case manager of any concerns about the site's ability for future development based on the proposed zoning. At the time of site plan review, when a specific development proposal is available, an additional referral regarding utility needs for the proposed development will be issued. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert@ci.wheatridge.co.us DISTRIBUTION: Wheat Ridge Water District Wheat Ridge Sanitation District West Metro Fire District CenturyLink AT&T Broadband Xcel Energy Wheat Ridge Public Works Wheat Ridge Economic Development Wheat Ridge Police Department Wheat Ridge Building Division Parks Department "The Carnation City" Vicinity map "The Carnation City" EnWoFnance®Group Land Reuse and Redevelopment 4601 DTC Blvd, Suite 130 Denver, CO 80237 F. 720-633-9678 December 22, 2016 City of Wheat Ridge Attn: Planning & Development Services 7500 W. 29th Ave., 2nd Floor Wheat Ridge, CO 80033 RE: Zone Change Application for 4255 Yarrow Street. Dear Ms. Reckert, Thank you again for your comments at the pre -application meeting and participation at the Neighborhood Meeting on December 15, 2016. At this time we are ready to submit our formal application requesting a zone change for the 4255 Yarrow St. property. Enclosed you will find all the materials for our zone change application. Please don't hesitate to reach out if there is any further information you need or questions. We look forward to continuing to work with you and the City of Wheat Ridge as we process this application. Sincerely, �z���� Sarah Laverty EnviroFinance Group, LLC www.EnviroFinanceGroup.com Jefferson County, CO - GIS http://maps.jeffco.us/?map=aspin&sc1--0246' 1 of 1 12/22/2016 12:09 R Layers ••�4f � � fll9 V1�� i .%� Sure �i 1 of 1 12/22/2016 12:09 R perry, appraisal system Property j Information GENERAL INFORMATION PIN/Schedule: 300024674 Status: Active Property Address: 04255 YARROW ST WHEAT RIDGE CO 80033 Mailing Address: PO BOX 40875 DENVER CO 80204 Neighborhood: 700 - PROPERTY DESCRIPTION Subdivision Name: - AIN/Parcel ID: 39-233-00-005 Property Type: Commercial http://atsjeffco.us/ats/displaygeneral.do?sch=024674 Owner Name(s) JDB LLC Nock Lot lKey Isection ITownship IRange lQuartersection Land Sgft 113 123 13 169 1SW 196891 Total 1196891 Assessor Parcel Maps Associated with Schedule pmap39-233.pdf COMMERCIAL INVENTORY SALE HISTORY Interactive Mao Sale Date Isale Amount Deed Type lReception 07-15-1976 250,000 Other 128940513 06-09-2008 0 Merger 12008056410 06-25-2009 590,000 Special Warranty Deed 12009062726 TAX INFORMATION 2016 Payable 2017 2016 2015 Actual Value Land 253,100 Imp 73,500 Total 326,600 TBA Assessed Value View Mill Levy Detail For Year 2016 2015 2016 Mill Levy Information Tax District 3139 County TBA School TBA WHEAT RIDGE TBA f2 12/22/2016 12:10 PM Property appraisal system Land 73,399 Imp 21,315 Total 94,714 2015 Payable 2016 WHEATRIDGE SAN DIST Actual Value Land 253,100 Imp 73,500 Total 326,600 Assessed Value Land 73,399 Imp 21,315 Total 94,714 Treasurer Information hftp://atsjeffco.us/ats/displaygencral.do?sch=0246 REGIONAL TRANSPORTATION DIST TBA URBAN DRAINAGE&FLOOD CONT DIST TBA URBAN DRAINAGE&FLOOD C SO PLAT TBA WHEATRIDGE FIRE DIST TBA WHEATRIDGE SAN DIST TBA WHEATRIDGE WATER DIST TBA Total TBA 2 of2 12/22/2016 12:10 PI II"11 II"11 11,111 II"11 II"11 II A► II"' "II" II11 Ilk�I► II��II11 IIII111111111111II1Ihn II ARCHITECTURE + CONSTRUCTION NEIGHBORHOOD ANALYSIS ID SHEET NAME 00 COVER 01 OVERALL 02 COMMERCIAL 03 RESIDENTIAL 04 COMMUNITY 0S OPTION'A' 06 OPTION'S' 0000VER EFG WHEATRIDGE 4225 YARROW ST 11"11 A 11%- 11911 C Because the Wheat Ridge EFG community is evolving, all plans, locations, sizes and materials are conceptual only and are subject to change. 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N 0 R T H I 10'20' SO' e m i� Go EXISTING SCHOOL ki EAST / WEST SITE SECTION �i SINGLE FAMILY 1.6 rh WA Z O F- W Ln w Ln S F- O O 2 O Z 06.OPTION'P' II'91 A EFG WHEATRIDGE 4225 YARRMNI 5T (1111) submitted BY A] ]�q City Of planner. Incomp Wheatdge be accepted—ref 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) g3S7 Applicant EnviroFinance Group, LLC Phone 720-550-83760 Email cbertron(a_efq-bp.com Address, City, State, Zip 4601 DTC Blvd., Suite 130, Denver, CO 80237 Owner JDB, LLC Phone 303-919-2626 Email byerlykb(cDgmail.com Address, City, State, Zip Attn: Kevin Byerly PO Box 40875, Denver, CO 80204 Contact Sarah Laverty Phone 720-550-8356 Email slaverty@efg-bp.com Address, City, State, Zip 4601 DTC Blvd., Suite 130, Denver, CO 80237 (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): 4255 Yarrow Street Type of action requested (check one or more of the actions listed below which pertain to your request): Change of Zone or Zone Conditions O Special Use Permit O Subdivision — specify type: O Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots) O Planned Building Group O Site Plan O Minor (4 or 5 lots) O Temporary Use, Building, Sign 0 Concept Plan O Major (6 or more lots) O Variance/Waiver (from Section 26-) O Right of Way Vacation O Other: Detailed description of request: Property is currently zoned R-2 and applicant is requesting a zone change to MU -N. 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 thn w ers m .st ub ito ter-of-att rnev from the owner which approved of this action on his behalf. SARAH ANN LAVERTY Notary Public Notarized Signature of Applicant �' State of Colorado State of Colorado 20154017179 County of } ss My Commission Expires A ril 30, 2019 The foregoing instrument (Land Use Processing Application) was acknowledged by me this 2 ^b -day ofGQ�na7�� by Cat - ` My commission expires �/ �A /20� ,PC�ota Public To be filled out by staff. Date received Comp Plan Design. Related Case No. Assessor's Parcel No. Size (acres or sgft) Kev 122/ 2016 Fee $ Receipt No. Pre -App Mtg. Date Current Zoning _ Proposed Zoning _ Case No. Quarter Section Map Case Manager Current Use Proposed Use