HomeMy WebLinkAboutWZ-18-142018074786 8/15/2018 9:24 AM
PGS 3 $23.00 DF $0.00
Electronically Recorded Jefferson County, CO
Faye Griffin, Clerk and Recorder TD1000 N
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER URBAN
COUNCIL BILL NO. 20
ORDINANCE NO. 1651
Series of 2018
TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 6701 WEST 44TH AVENUE FROM
COMMERCIAL -ONE (C-1) TO MIXED USE -NEIGHBORHOOD
(MU -N) (CASE NO. WZ-18-14 / POTRYKUS)
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, Robert Potrykus 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 6701 West 44th Avenue; and',
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a mix of land uses along W. 44th Avenue by
virtue of it being designated a neighborhood commercial corridor; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on June 21, 2018 and voted to recommend approval of rezoning the property to Mixed -
Use -Neighborhood (MU -N) ,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Robert Potrykus for approval of a zone change
ordinance from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for
property located at 6701 W. 44th Avenue, and pursuant to the findings made
based on testimony and evidence presented at a public hearing before the
Wheat Ridge City Council, a zone change is approved for the following described
land:
A PART OF BLOCK 7, LAKE VIEW SUBDIVISION AND THE SW 1/4 OF THE
NW 1/4 OF SECTION 24, TOWNHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
P.M., BEING MORE PARTICULARLY DESRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 24,
THENCE N 90 DEGREES 00 MINUES 00 SECONDS E ON AN ASSUMED
BEARING ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 24, A
DISTANCE OF 256.50 FEET; THENCE N 00 DEGREES 15 MINUTES 42
SECONDS W, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF
BEGINNING, WHICH POINT IS ON THENORTHELY RIGHT OF WAY,LINE. OF
WEST 44TH AVENUE; THENCE CONTINUING N:00 DEGREES 15 MINUES 42
SECONDS W, A DISTANCE OF 140.55 FEET TO A POINT 140.00 FEET
SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF WEST 44TH PLACE;
THENCE S 81 DEGREES 51 MINUTES 20 SECONDS E, PARALLEL WITH
SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 75.53 FEET TO A
POINT ON THE EAST LINE OF THE WEST 331.50 FEET OF BLOCK 7,
LAKEVIEW SUBDIVISION; THENCE S 00 DEGREES 15 MINUTES 43
SECONDS E, A DISTANCE OF 140.36 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE N 90
DEGREES 00 MINUTES 00 SECONDS W, ALONG SAID NORTHERLY RIGHT
OF WAY LINE, A DISTANCE OF 75.53 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING, ACCORIDNG TO THE RECORDED PLAT THEREOF,
COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The .City of. Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and
welfare of the public and that this ordinance is necessary for the. preservation of
health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation.to the
proper legislative object sought to be attained.
Section 4. Severabilit • Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 9th day of July, 2018, ordered it published with Public Hearing and consideration on
final passage set for Monday, August 13, 2018 at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 'to 1 , this 13th day of ` August. ; 2018."
SIGNED by the Mayor on this 13th day of August , 2018.
Bud ,Starker, Mayor
ATTEST:
(Mxe&..mom
JanIShaver, City Clerk
WHE ,,
nSEAL m
1St publication: July 1\2 RRP
2nd publication:August 16, 20`18
Wheat Ridge Transcript:
Effective Date: August 31, 2018
App s to: Form
-LCCA
Gerald Dahl, City Attorney
, City of
l9r Wheat1idge
ITEM NO: 4.
DATE: August 13, 2018
Urban - motion to approve
Davis - 2nd REQUEST FOR CITY COUNCIL ACTION
Vote: 6-1
Matthews 'no'
TITLE: COUNCIL BILL NO. 20-2018 — AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT 6701 WEST
44TH AVENUE FROM COMMERCIAL -ONE (C-1) TO MIXED
USE -NEIGHBORHOOD (M -U -N) (CASE NO. WZ-18-
14/POTRYKUS)
® PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (07/09/2018)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (08/13/2018)
❑ RESOLUTIONS
(QUASI-JUDICIAL: ® YES
Community Develops ent Director
❑ NO
City Manager
ISSUE:
The applicant is requesting approval of a zone change from Commercial -One (C-1) to Mixed Use -
Neighborhood (MU -N) for property located at 6701 W. 44th Avenue.
The proposed rezoning area includes one parcel, the total size of which is slightly less than half an
acre. At this time the intent of the zone change is to allow the current tenant, an insurance agent, to
live and work on the property.
PRIOR ACTION:
Planning Commission heard the request at a public hearing on June 21, 2018 and recommended
approval. The staff report and meeting minutes from the Planning Commission meeting are
attached.
FINANCIAL IMPACT:
The proposed zone change is not expected to have a direct financial impact on the City. Fees in the
amount of $881.25 were collected for the review and processing of Case No. WZ-18-14.
Council Action Form — Rezoning 6701 West 441i Avenue
August 13, 2018
Page 2
BACKGROUND:
The property is located on the north side of 441i Avenue at Otis Street. The property is zoned
Commercial -One (C-1) which allows a wide range of commercial uses, such as office, general
business, retail sales, and service establishments, which are oriented towards the community or
entire region.
The primary structure on the property was originally built in 1910 and functioned as a house until
1982. In 1982 the property was rezoned from Residential -Three (R-3) to Commercial -One (C-1)
and converted into a commercial structure. The property currently operates as an insurance office.
Surrounding Land Uses
The site is zoned Commercial -One (C-1), and surrounding properties include a variety of
commercial and residential zoning designations and land uses. To the east and west along 44"'
Avenue are properties zoned C-1, Restricted Commercial (R -C), and Neighborhood Commercial
(N -C), containing a variety of retail and service establishments including, but not limited to car
wash, gas station, bar, hair salons, insurance agencies, and medical offices. To the southwest of
the subject property are two parcels that were rezoned to Mixed Use -Neighborhood (MU -N) in
2013. North of the subject property, removed from 441i Avenue is a residential area zoned
Residential -Two (R-2) and Residential -Three (R-3), with primarily single-family homes and some
duplexes and low -scale multi -family properties. To the south of 441i Avenue is a residential
neighborhood zoned R-2, which predominately consists of single-family homes.
Current and Proposed Zoning
The proposed zone district, MU -N, is a less intensive commercial zone district because it limits or
disallows several of the larger scale and auto -oriented uses which are permitted in current C-1
zoning. A significant difference between the proposed MU -N and the existing C-1 is the treatment
of residential uses. In the C-1 zone district, residential uses are permitted on a very limited basis
per section 26-626 of the city code. Existing residential uses may continue, but because the
subject property was previously converted entirely to a commercial use, it cannot be converted
back to a residential use under the current C-1 zoning.
Unlike in Commercial -One, residential uses are permitted with fewer restrictions than the ancillary
residential uses permitted under C-1. If the zone change is approved the property could be utilized
purely as a commercial property, purely as a residential property, or as a mix of the two. The
current owner is pursuing the zone change in order to allow his current tenant the ability to run her
small business from the property, while also living there. Live/work arrangements are permitted
in MU -N. Because of the limits on commercial uses in residential zone districts, and the limits on
residential uses in commercial zone districts, the MU -N is the only appropriate straight zone
district.
At this time, the applicant is not proposing any new development or modifications to the site. If
the property is redeveloped in the future under the proposed MU -N zoning, an administrative site
plan review would be required to confirm that proposed development meets the standards of the
mixed use zone district.
Council Action Form — Rezoning 6701 West 44a' Avenue
August 13, 2018
Page 3
RECOMMENDED MOTION:
"I move to approve Council Bill No. 20-2018, an ordinance approving the rezoning of property
located at 6701 W. 44u' Avenue from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -
N) on second reading and that it take effect 15 days after final publication for the following
reasons:
1. City Council has conducted a proper public hearing that meets all public notice
requirements as required by Section 26-109 of the Code of Laws.
2. The requested rezoning has been reviewed by the Planning Commission, which has
forwarded its recommendation of approval.
3. The requested rezoning has been found to comply with the criteria for review in Section
26-112.E. of the Code of Laws."
Or,
"I move to deny Council Bill No. 20-2018, an ordinance approving the rezoning of property
located at 6701 W. 44u' Avenue from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -
N) on second reading for the following reasons:
REPORT PREPARED/REVIEWED BY:
Zack Wallace, Planner II
Lauren Mikulak, Planning Manager
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 20-2018
2. Planning Commission staff report with attachments
3. Planning Commission hearing minutes
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER URBAN
COUNCIL BILL NO. 20
ORDINANCE NO.
Series of 2018
TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 6701 WEST 44TH AVENUE FROM
COMMERCIAL -ONE (C-1) TO MIXED USE -NEIGHBORHOOD
(MU -N) (CASE NO. WZ-18-14 / POTRYKUS)
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, Robert Potrykus 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 6701 West 44th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a mix of land uses along W. 44th Avenue by
virtue of it being designated a neighborhood commercial corridor; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on June 21, 2018 and voted to recommend approval of rezoning the property to Mixed -
Use -Neighborhood (MU -N) ,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Robert Potrykus for approval of a zone change
ordinance from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for
property located at 6701 W. 44th Avenue, and pursuant to the findings made
based on testimony and evidence presented at a public hearing before the
Wheat Ridge City Council, a zone change is approved for the following described
land:
A PART OF BLOCK 7, LAKE VIEW SUBDIVISION AND THE SW 1/4 OF THE
NW 1/4 OF SECTION 24, TOWNHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
P.M., BEING MORE PARTICULARLY DESRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 24,
THENCE N 90 DEGREES 00 MINUES 00 SECONDS E ON AN ASSUMED
BEARING ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 24, A
DISTANCE OF 256.50 FEET; THENCE N 00 DEGREES 15 MINUTES 42
SECONDS W, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF
BEGINNING, WHICH POINT IS ON THENORTHELY RIGHT OF WAY LINE OF
WEST 44TH AVENUE; THENCE CONTINUING N 00 DEGREES 15 MINUES 42
SECONDS W, A DISTANCE OF 140.55 FEET TO A POINT 140.00 FEET
lell a Ie&y: 1ViI A ki11IS
SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF WEST 44TH PLACE;
THENCE S 81 DEGREES 51 MINUTES 20 SECONDS E, PARALLEL WITH
SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 75.53 FEET TO A
POINT ON THE EAST LINE OF THE WEST 331.50 FEET OF BLOCK 7,
LAKEVIEW SUBDIVISION; THENCE S 00 DEGREES 15 MINUTES 43
SECONDS E, A DISTANCE OF 140.36 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE N 90
DEGREES 00 MINUTES 00 SECONDS W, ALONG SAID NORTHERLY RIGHT
OF WAY LINE, A DISTANCE OF 75.53 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING, ACCORIDNG TO THE RECORDED PLAT THEREOF,
COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 4. Severability; Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 9th day of July, 2018, ordered it published with Public Hearing and consideration on
final passage set for Monday, August 13, 2018 at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to , this day of 2018.
SIGNED by the Mayor on this day of 12018.
Bud Starker, Mayor
ATTEST:
Janelle Shaver, City Clerk
Approved as to Form
Gerald Dahl, City Attorney
1 St publication:
2"d publication:
Wheat Ridge Transcript:
Effective Date:
♦ A4'
Wh6atRiLd e
g
TO:
CASE MANAGER:
CASE NO. & NAME:
ACTION REQUESTED:
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Planning Commission
Zack Wallace Mendez
WZ-18-14 / Potrykus
MEETING DATE: June 21, 2018
Approval of a zone change from Commercial -One (C-1) to Mixed Use -
Neighborhood (MU -N).
LOCATION OF REQUEST: 6701 W. 44th Avenue
APPLICANT (S): Robert Potrykus, Trustee of RIP Investment Trust
OWNER (S): RIP Investment Trust
APPROXIMATE AREA: 19,602 square feet (0.45 acres)
PRESENT ZONING: Commercial -One (C-1)
COMPREHENSIVE PLAN: Neighborhood Commercial Corridor
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN
(X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
Locatic
Planning Commission ATTACHMENT 2
Case No. YVZ18-14 /Potrykus
Site
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant and current owner of the property has submitted this application requesting approval of a
zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N).
II. EXISTING CONDITIONS/PROPERTY HISTORY
The subject property is located at 6701 W. 44"' Avenue. The property is approximately 0.45 acres in
size and located on the north side of 44"' Avenue, at Otis Street. The property currently contains one
structure, constructed in 1910 as a house, per Jefferson County records (Exhibit 1, Aerial). The City's
original zoning map indicates this property was zoned Residential -Three (R-3) at the time of
incorporation in 1969. This zoning remained in place until July 1982, when City Council approved a
rezoning of the property from R-3 to Commercial -One (C-1). City permit records indicate that in
October 1982, permits were pulled to convert the residence into a commercial structure.
The properties adjacent to the subject property to the east along the north side of 44a' Avenue are also
zoned Commercial -One (C-1). Restricted Commercial (RC) zoned properties can be found along 44"'
Avenue to the west and south/southeast of the subject property. Also south of the property are two
parcels which were rezoned to Mixed Use -Neighborhood (MU -N) in 2013. Approximately two blocks
from the subject property in either direction are properties zoned Neighborhood Commerical (NC).
Moving north and south, away from 40 Avenue, are residential neighborhoods, mostly zoned
Residential -Two (R-2). While a few duplexes can be found in this residential area, single-family
homes are the dominant housing type. To the north and northwest of the subgect prOpertyare a few
multi -family residential properties, zoned Residential -Three (R-3) Whibit2, Zoning Map).
III. PROPOSED ZONING
The applicant is requesting the property be rezoned to Mixed Use -Neighborhood, a zone district
intended to provide medium density mixed-use development. In addition to residential and office uses,
it allows for a range of neighborhood -serving commercial and retail uses. MU -N zoning is intended for
"neighborhood main streets," such as 44a' Avenue and 38ffi Avenue.
The property is currently zoned Commercial -One (C-1). The C-1 zone district was established to
accommodate a wide range of commercial uses, such as office, general business, retail sales, and
service establishments, which are oriented towards the community or entire region.
The applicant intends to rezone the property so he can offer the space as a location for a small business
owner to both live and work. The applicant stated that he has received many requests for the property
EFFEF—to be a live -work location x ibit 3, Applicant Letter). The desire for live -work arrangements has
been noted in several previous zone change requests within this eastern portion of 40 Avenue.
The property owner is not contemplating any redevelopment at this time. However, if the zone change
is approved and in the future development is proposed for this property, Mixed Use development
Planning Commission
Case No. WZ18-14IPotrykus
standards will apply. The following table compares the existing and proposed zoning for the property,
with standards for new development or major additions. In terms of permitted uses, MU -N allows
commercial uses at a lesser intensity than the existing C-1 zoning, in addition to also allowing
residential uses.
FF
CURRENT ZONING
PROPOSED ZONING
Commercial -One C-1
Mixed Use -Neighborhood (MU -N)
Allows a wide range of commercial uses
Allows residential, commercial or mixed
Uses
including office, general business, retail
use — includes multi -family and live/work
sales, and service establishments.
facilities, excludes outdoor storage.
Traditional Overlay ASDM standards
Mixed -Use standards apply, including high
Architectural Standards
apply, including high quality architecture,
quality architecture, standards related to
standards related to articulation, variation,
articulation, variation and materials.
materials, and transparency.
Max. Building Height
50'
35' if the building has residential use
50' for all other uses
Max. Building coverage
80%
90°% for mixed use
85% for single use
Min. Landscaping
20%
10°% for mixed use
15% for single use
Build -to Area
0-12' along front property line
0-12' along front property line
Setbacks
Side setback (adjacent to commercial):
Side
0 feet if nonflammable or 5 feet per story
0 feet
Rear
10 feet plus 5 feet per story
Rear setback (adjacent to duplex):
10 feet for the first 2 stories, additional
5 feet for each additional story. Must be
landscaped.
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning
Commission shall base its recommendation in consideration of the extent to which the following
criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community and
will not result in a significant adverse effect on the surrounding area.
The change of zone will not result in adverse effects on the surrounding area. The rezoning would
allow a less intensive range of commercial uses than the current C-1 zoning, and encourage more
neighborhood -oriented businesses. The proposed zone change is not out of character with 44ffi
Avenue and the array of businesses and residences located in the vicinity of the subject property,
and thus should not have an adverse effect on the surrounding area.
The MU -N zoning is expected to add value to the subject property and also to the surrounding
community. The mixed use development standards will support compatibility between future
redevelopment and existing land uses.
Based on the small size of the property, many of the more intensive permitted uses in MU -N zone
district are likely unrealistic (such as multifamily uses or larger commercial uses).
Staff concludes that this criterion has been met.
Planning Commission
Case No. WZ18-14IPotrykus
2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist or are
under capacity.
Infrastructure currently serves the property, and all responding agencies have indicated they can
serve the property. In the event that the current utility capacity is not adequate for a future use or
development, the property owner/developer would be responsible for utility upgrades.
Staff concludes that this criterion has been met.
3. The Planning Commission shall also find that at least one 1 of the following conditions
exists:
a. The change of zone is in conformance, or will bring the property into conformance, with
the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies or plans for the area.
West 44th Avenue is a primary east -west thoroughfare in the City, is classified as a minor
arterial, and is predominantly commercial in character. Envision Wheat Ridge, the City's 2009
comprehensive plan, identifies this corridor as a Neighborhood Commercial Corridor. This
designation envisions a corridor with a broad mix of activities, including small-scale,
pedestrian -friendly mixed-use retail, commercial businesses, and residential, with a focus on
promoting a compatible mix of uses to supply daily services and meet the needs of adjacent
residential areas. A stated goal in the comprehensive plan is to promote reinvestment in
property and to promote a mix of neighborhood supporting uses, including residential and
commercial.
As such, this zone change request supports the comprehensive plan by enabling investment in
the property and by aligning the zoning with the City's mixed use goals for this corridor.
Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the City
of Wheat Ridge is in error.
Staff has not found any evidence of an error with the current C-1 zoning designation as it
appears on the City zoning maps.
Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that it is
in the public interest to encourage redevelopment of the area or to recognize the changing
character of the area.
Staff finds no evidence of significant changes in the area. The zone change request from C-1 to
MU -N neither responds to nor results in notable change of character.
Staff concludes that this criterion is not applicable.
Planning Commission
Case No. WZ18-14 /Potrykus
d. The proposed rezoning is necessary in order to provide for a community need that was
not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive
plan.
The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable.
Staff concludes that the criteria used to evaluate zone change support this request.
V. NEIGHBORHOOD MEETING
Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood
input meeting in accordance with the requirements of section 26-109.
A meeting for neighborhood input was held on May 16, 2018. There were no neighbors in attendance.
VI. AGENCY REFERRAL
All affected service agencies were contacted for comment on the zone change request and regarding
the ability to serve the property. Specific referral responses follow:
Wheat Ridge Public Works Department: No comments.
Wheat Ridge Sanitation District: No objection.
West Metro Fire Protection District: No objection.
Century Link: No objection.
Xcel Energy: No objection.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change promotes the health, safety and general welfare of the
community and will not result in a significant adverse effect on the surrounding area Staff further
concludes that utility infrastructure adequately serves the property, and the applicant will be
responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is
consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along a
neighborhood commercial corridor.
Because the zone change evaluation criteria support the zone change request, staff recommends
approval of Case No. WZ-18-14.
Planning Commission
Case No. WZ18-14IPotrykus
VIII. SUGGESTED MOTIONS
Option A:
"I move to recommend APPROVAL of Case No. WZ-18-14, a request for approval of a zone change
from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6701 W.
441h Avenue, for the following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the community
and does not result in an adverse effect on the surrounding area.
2. Utility infrastructure adequately services the property.
3. The proposed zone change is consistent with the goals and objectives of the City's
Comprehensive Plan and consistent with the character of 44u' Avenue.
4. The zone change will provide additional opportunity for reinvestment in the area.
5. The criteria used to evaluate a zone change support the request."
Option B:
"I move to recommend DENIAL of Case No. WZ-18-14, a request for approval of a zone change from
Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6701 W. 44h
Avenue, for the following reasons:
1.
2. ...
Planning Commission
Case No. WZ18-14IPotrykus
EXHIBIT 1: AERIAL
Planning Commission
Case No. WZ-18-14 /Potrykus
EXHIBIT 2: ZONING MAP
Planning Commission
Case No. WZ-18-14 /Potrykus
EXHIBIT 3: APPLICANT LETTER
To: City of Wheat Ridge
From: Robert and Deborah Potrykus, Trustees, RJP Investment Trust
Date: April 18, 2018
Re: ZONING CHANGE REQUEST -6701 W 40 Ave, Wheat Ridge, CO.
Please accept this Zoning Change Request for the subject property on behalf of RIP
Investment Trust — from Commercial "C-1" to Mixed Use -Neighborhood `'MU -N."
Justification
This property is a small home zoned commercial, that is used as an office but is capable
of supporting a small business owner who may desire to use same as a live and work
location. The home has full kitchen and bathroom/shower facilities (recently installed and
modernized). Pictures sent to planner Zachary Wallace Mendez.
This change requested will promote the health, safety and welfare of the community and
not result in any significant adverse effect.
Many requests have been made by the current and other prospective tenants for this
property to be able to live and work within this facility. Numerous `homes' have been
converted to commercial and specifically MU -N along 44" Ave in Wheat Ridge. This
type of property is consistent with that use and classification. Properties directly across
the street from the subject properly are zoned as MU -N.
Full utilities are available to and utilized by the subject property. No changes will occur
with effect on public facilities and services.
At a minimum, the change of zone is in conformance or will bring the property in
conformance with the City of Wheat Ridge comprehensive plan goals, objectives and
polices and other city approved policies and plans for the area.
In accordance with Section 26-114 of the Wheat Ridge Municipal Code, the zoning
change request will have no detrimental effect given the change to MU -N
classification, will have a medium density effect (less effect than its current C-1
Commercial classification) allowing for neighborhood serving commercial and retail
uses as well as residential and civic land uses — so a small business owner may work
and live at the subject property. The current physical and operational characteristics of
the subject property already meet the current zoning classification of C-1 and the
change request will have no change, or less effect, on current utilities, traffic and/or
other similar neighborhood impact. The current architectural design or the subject
property meets the zoning change request fit for a neighborhood, consistent with the
adjacent neighborhood (homes) and consistent with the neighborhood businesses along
Planning Commission
Case No. WZ 8-J41Pobykus
44' Avenue in Wheat Ridge. There is no change in the current structure of the subject
property and no anticipated redevelopment at this time.
review. The community development director or city council shall base its
consideration of the extent to which the applicant demonstrates the following
n met:
[I.] The special use will not have a detrimental effect upon the general health, welfare, safety and
convenience of persons residing or working in the neighborhood.
[2.] The special use will not create or contribute to blight in the neighborhood by virtue of physical or
operational characteristics.
[3.]The special use will not create adverse impacts greater than allowed under existing zoning for the
properly.
[4.]The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking,
loading, service or internal traffic conflicts to the detriment of persons whetheron or offlhe site.
[5.]Tbe property is appropriately designed, including setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony and compatible with the character ofthe surrounding
areas and neighborhood, especially with adjacent properties.
[6.] The special use will not overburden the capacities ofthe existing streets, utilities, parks, schools and
other public facilities and services.
[7.] There is a history ofcomplianee by the applicant and/or property owner with Code requirements and
prior conditions, ifany, regarding the subject property.
[8.] The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
Please advise if any questions or if you need additional information, We appreciate
your time and attention.
Thankyou.
Robert and Deborah Potrykus
Trustees of the RJP Investment Trust
Owner of 6701 W 44ra Ave., Wheat Ridge, CO.
720-261-0860
Planning Commission 10
Case No. WZ 8-14/Pooykos
EXHIBIT 4: COMPREHENSIVE PLAN
Subject Property
Neighborhoods
T
soft-
4 -
Neighborhood •f1Neighborhood
Commercial Corridor
(44' Avenue)
Planning Commission 11
Case No. WZ-I8-141 Potrykus
EXHIBIT 5: SITE PHOTOS
Planning Commission 12
Case No. WZ-18-14 /Potrykus
Planning Commission 13
Case No. WZ-18-14 /Potrykus
It was moved by Commissioner LARSON and seconded by Commissioner
LEO to recommend APPROVAL of Case No. WZ-18-12, a request for
approval of a zone change from Neighborhood Commercial (NC) to Mixed
Use -Neighborhood (MU -N) for property located at 4288 Youngfield Street, for
the following reasons:
1. The Proposed zone change will promote the public health, safety, or
welfare of the community and does not result in an adverse effect on
the surrounding area.
2. Utility infrastructure adequately services the property.
3. The proposed zone change is consistent with the goals and objectives of
the City's Comprehensive Plan.
4. The zone change will provide additional opportunity for reinvestment
in the area.
5. The criteria used to evaluate a zone change support the request.
With the following condition:
1. Add to site plan the installation of a 6 -foot barrier fence of appropriate
height between the Head Start School and the subject property to limit
access to the school ground and mitigate noise.
Motion Carried 5-1 with Commissioner PETERSON voting against.
C. Case No. WZ-18-14: An application filed by RJP Investment Trust for approval
of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -
N) for property located at 6701 West 44ffi Avenue.
Mr. Wallace Mendez gave a short presentation regarding the Zone Change and the
application. He entered into the record the contents of the case file, packet
materials, the zoning ordinance, and the contents of the digital presentation. He
stated the public notice and posting requirements have been met, therefore the
Planning Commission has jurisdiction to hear this case.
Commissioner VOS wanted to confirm that Commercial Zone Districts can allow
residential uses, but Residential Zone Districts cannot allow commercial uses.
Mr. Wallace Mendez generally agreed, but clarified. Residential uses in
commercial zone districts are very limited and subject to very specific location and
size limitations. General commercial uses are prohibited in residential zone
districts, with the exception of home occupations, in which someone operates a
small business from their home. This, again, has a list of criteria that must be
followed, and is limited in nature.
Planning Commission Minutes
June 21, 2018
ATTACHMENT3
10—
Commissioner BUCKNAM asked if the property boundary to the north contains
part of the property to the north, due to the relationship of the fence and asked if it
could affect the zone change.
Mr. Wallace Mendez said that the parcel lines on the City's maps come from the
Jefferson County Assessor's office, and represent taxable parcels and should not be
used to determine legal lot line locations. While the maps are typically a bit off,
Mr. Wallace Mendez did agree that a rather large portion of the property to the
north appeared to be within the limits of the subject property. It is possible that
previous owners had a handshake agreement to utilize that portion of the property,
or a similar situation. In any case, Mr. Wallace Mendez said that the zone change
will apply to the boundary of the legal description for the subject property.
Robert Potrykus, applicant
1410 Carr Street, Lakewood
Mr. Potrykus gave a brief description of this property he has owned since 2013 and
said some of his tenants would like it to be live/work property and that is why he is
asking for the Mixed -Use zone change.
Commissioner LEO asked if anybody is living there now.
Mr. Potrykus said nobody lives there at the moment. The current tenant, an Allstate
Insurance agent, has inquired about a live/work arrangement.
Mr. Wallace Mendez added he forgot to mention that the structure was originally
built as a home in 1910, but converted to a commercial structure in the 1980's.
Commissioner VOS confirmed if MU -N would allow 35 feet for residential and 50
feet for commercial, and how parking would fit on the site.
Mr. Wallace Mendez said it would be unlikely the site could support a 5 story
(approximately 50 foot tall) commercial building, as it is unlikely a parcel this size
could support the amount of parking a building like that would require. With
regards to residential parking, a minimum of 1 space per unit with maximum of 2.'
spaces is allowed.
Commissioner BUCKNAM asked if there could be underground parking.
Mr. Wallace Mendez said yes, underground parking is allowed. He added that it is
expensive and the Code does have standards for such structures that would need to
be followed.
Commissioner VOS asked if landscaping would be required.
Planning Commission Minutes - 11 —
June 21, 2018
Mr. Wallace Mendes said if the property is redeveloped then it would have to
follow the landscaping requirements.
It was moved by Commissioner LEO and seconded by Commissioner VOS to
recommend APPROVAL of Case No. WZ-18-14, a request for approval of a
zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -
N) for property located at 6701 West 44' Avenue, for the following reasons:
1. The Proposed zone change will promote the public health, safety, or
welfare of the community and does not result in an adverse effect on
the surrounding area.
2. Utility infrastructure adequately services the property.
3. The proposed zone change is consistent with the goals and objectives of
the City's Comprehensive Plan and consistent with 44' Avenue.
4. The zone change will provide additional opportunity for reinvestment
in the area.
5. The criteria used to evaluate a zone change support the request.
Motion carried 6-0.
8. OLD BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
It was moved by Commissioner DORSEY and seconded by Commissioner
PETERSON to adjourn the meeting at 9:20 p.m. Motion carried 6-0.
Alan Bucknam, Chair Tammy Odean, Recording Secretary
Planning Commission Minutes -12—
June
12—
June 21, 2018
09/11/2018 12:45 PM
Process
Neighborhood Meeting:
— Held on May 16, 2018
— 0 neighbors in attendance
Referral:
— No concerns from any agency
Staff Recommendation
Staff concludes:
— Zone change will promote public welfare
— Zone change to MU -N supported by adopted plans
— MU -N is compatible with surroundings
Staff recommends APPROVAL of the request.
Comprehensive Plan
Envision Wheat Ridge
— 4411 is a Neighborhood Commercial Corridor
— Encourages mix of uses
City of
�Wheat�i C
POSTING CERTIFICATION
CASE NO. WZ-18-14
CITY COUNCIL HEARING DATE:
residing at
as the applicant for Case No
August 13, 2018
ame)
~rs W
(adifrEss) l
WZ-18-14 hereby certify that I have posted the Notice of
Public Hearing at 6701 West 44" Avenue
on this day of and do hereby certify that said sign has been
posted and remained in place for fifteen (15) days pri=taapd including the scheduled
day of public hearing of this case. The sign was osted in theosi ' n s wn on the map below.
NOTE: This form must be submitted at the public hearing on this case and will be placed in the
applicant's case file at the Community Development Department.
MAP
City of
Wheat idge
PUBLIC POSTING REQUIREMENTS
One sign must be posted per street frontage. In addition, the following requirements
must be met:
• The sign must be located within the property boundaries.
■ The sign must be securely mounted on a flat surface.
• The sign must be elevated a minimum of thirty (30) inches from ground.
• The sign must be visible from the street without obstruction.
• The sign must be legible and posted for fifteen (15) continuous days prior to and
including the day of the hearing [sign must be in place until 5pm on August 13,
2018.
It is the applicant's responsibility to certify that these requirements have been met and
to submit a completed Posting Certification Form to the Community Development
Department.
city of
WheatR�ge
0a
r1kL"�4
I" EM NO:
DATE: July 9, 2018
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 20-2018 - AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT 6701 WEST
44TH AVENUE FROM COMMERCIAL -ONE (C-1) TO MIXED
USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-
14/POTRYKUS)
❑ PUBLIC HEARING ® ORDINANCES FOR IST READING (07/09/2018)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (08/13/2018)
❑ RESOLUTIONS
QUASI-JUDICIAL: ® YES ❑ NO
z
Community Development Director City Manager
ISSUE:
The applicant is requesting approval of a zone change from Commercial -One (C-1) to Mixed Use -
Neighborhood (MU -N) for property located at 6701 W. 44'' Avenue.
The proposed rezoning area includes one parcel, the total size of which is slightly less than half an
acre. At this time the intent of the zone change is to allow the current tenant to live and work on
the property.
PRIOR ACTION:
Planning Commission heard the request at a public hearing on June 21, 2018 and recommended
approval. The staff report and meeting minutes from the Planning Commission meeting will be
included with the ordinance for second reading.
FINANCIAL IMPACT:
The proposed zone change is not expected to have a direct financial impact on the City. Fees in the
amount of $881.25 were collected for the review and processing of Case No. WZ-18-14.
Council Action Form — Rezoning 6701 W 44h Ave
July 9, 2018
Page 2
BACKGROUND:
The property is located on the north side of 441i Avenue at Otis Street. The property is zoned
Commercial -One (C-1) which allows a wide range of commercial uses, such as office, general
business, retail sales, and service establishments, which are oriented towards the community or
entire region.
The primary structure on the property was originally built in 1910 and functioned as a house until
1982. In 1982 the property was rezoned from Residential -Three (R-3) to Commercial -One (C-1)
and converted into a commercial structure.
Surrounding Land Uses
The site is zoned Commercial -One (C-1), and surrounding properties include a variety of
commercial and residential zoning designations and land uses. To the east and west along 441i
Avenue are properties zoned C-1, Restricted Commercial (R -C), and Neighborhood Commercial
(N -C), containing a variety of retail and service establishments including, but not limited to a car
wash, gas station, bar, hair salons, insurance agencies, and medical offices. To the southwest of
the subject property are two parcels that were rezoned to Mixed Use -Neighborhood (MU -N) in
2013. North of the subject property, removed from 441i Avenue is a residential area zoned
Residential -Two (R-2) and Residential -Three (R-3), with primarily single-family homes and some
duplexes and low -scale multi -family properties. To the south of 441i Avenue is a residential
neighborhood zoned R-2, which predominately consists of single-family homes.
Current and Proposed Zoning
The proposed zone district, MU -N, is a less intensive commercial zone district because it limits or
disallows several of the larger scale and auto -oriented uses which are permitted in current C-1
zoning. A significant difference between the proposed MU -N and the existing C-1 is the treatment
of residential uses. In the C-1 zone district, residential uses are permitted on a very limited basis
per section 26-626 of the city code. Existing residential uses may continue, but because the
subject property was previously converted entirely to a commercial use, it cannot be converted
back to a residential use under the current C-1 zoning.
Unlike in Commercial -One, residential uses in MU -N are permitted with fewer restrictions than
the ancillary residential uses permitted under C-1. If the zone change is approved the property
could be utilized purely as a commercial property, purely as a residential property, or as a mix of
the two. The current owner is pursuing the zone change in order to allow his current tenant the
ability to run her small business from the property, while also living there. Live/work
arrangements are permitted in MU -N. Because of the limits on commercial uses in residential
zone districts, and the limits on residential uses in commercial zone districts, the MU -N is the only
appropriate straight zone district.
At this time, the applicant is not proposing any new development or modifications to the site. If
the property is redeveloped in the future under the proposed MU -N zoning, an administrative site
plan review would be required to confirm that proposed development meets the standards of the
mixed use zone district.
Council Action Form — Rezoning 6701 W 44h Ave
July 9, 2018
Page 3
RECOMMENDED MOTION:
"I move to approve Council Bill No. 20-2018, an ordinance approving the rezoning of property
located at 6701 W. 44h Avenue from Commercial -One (C-1) to Mixed Use -Neighborhood (W-
N) on first reading for the sole purpose of ordering it published and for a public hearing set for
Monday, August 13, 2018 at 7 pm in City Council Chambers, and, if adopted, that it take effect 15
days after final publication."
REPORT PREPARED/REVIEWED BY:
Zack Wallace, Planner II
Lauren Mikulak, Planning Manager
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS
1. Council Bill No. 20-2018
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO. 20
ORDINANCE NO.
Series of 2018
TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 6701 WEST 44TH AVENUE FROM
COMMERCIAL -ONE (C-1) TO MIXED USE -NEIGHBORHOOD
(MU -N) (CASE NO. WZ-18-14 / POTRYKUS)
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, Robert Potrykus 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 6701 West 44th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a mix of land uses along W. 44th Avenue by
virtue of it being designated a neighborhood commercial corridor; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on June 21, 2018 and voted to recommend approval of rezoning the property to Mixed -
Use -Neighborhood (MU -N) ,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Robert Potrykus for approval of a zone change
ordinance from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for
property located at 6701 W. 44th Avenue, and pursuant to the findings made
based on testimony and evidence presented at a public hearing before the
Wheat Ridge City Council, a zone change is approved for the following described
land:
A PART OF BLOCK 7, LAKE VIEW SUBDIVISION AND THE SW 1/4 OF THE
NW 1/4 OF SECTION 24, TOWNHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
P.M., BEING MORE PARTICULARLY DESRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 24,
THENCE N 90 DEGREES 00 MINUES 00 SECONDS E ON AN ASSUMED
BEARING ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 24, A
DISTANCE OF 256.50 FEET; THENCE N 00 DEGREES 15 MINUTES 42
SECONDS W, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF
BEGINNING, WHICH POINT IS ON THENORTHELY RIGHT OF WAY LINE OF
WEST 44TH AVENUE; THENCE CONTINUING N 00 DEGREES 15 MINUES 42
SECONDS W, A DISTANCE OF 140.55 FEET TO A POINT 140.00 FEET
ATTACHMENT 1
SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF WEST 44TH PLACE;
THENCE S 81 DEGREES 51 MINUTES 20 SECONDS E, PARALLEL WITH
SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 75.53 FEET TO A
POINT ON THE EAST LINE OF THE WEST 331.50 FEET OF BLOCK 7,
LAKEVIEW SUBDIVISION; THENCE S 00 DEGREES 15 MINUTES 43
SECONDS E, A DISTANCE OF 140.36 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE N 90
DEGREES 00 MINUTES 00 SECONDS W, ALONG SAID NORTHERLY RIGHT
OF WAY LINE, A DISTANCE OF 75.53 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING, ACCORIDNG TO THE RECORDED PLAT THEREOF,
COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 4. Severability; Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _ on
this 9th day of July, 2018, ordered it published with Public Hearing and consideration on
final passage set for Monday, August 13, 2018 at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 2018.
SIGNED by the Mayor on this day of , 2018.
Bud Starker, Mayor
ATTEST:
Janelle Shaver, City Clerk
Approved as to Form
Gerald Dahl, City Attorney
1St publication:
2"d publication:
Wheat Ridge Transcript:
Effective Date:
09/11/2018 12:55 PM
Looking northeast from 44th Avenue
Commercial -One (C-1)
Existing commend a l ...can remain
...can add accessory residence
...cannot convert to residential
Mixed Use Neighborhood (MU -N)
Commercial, residential, mixed use all permitted
Looking northwest from 44th Avenue
Lot Coverage 90Th for mixed use
BYh for sl ogle use
Landscape ITA for mixed use
lYh for sl rel e use
Y per story landscape buffer
00h
20h
Development Standards
MON
C 1 A.SNM
Uses
resident al, neigbborhood scale
Wide range of mmmerci al us as.
commercial, or mixed use.
ArcM1Recure
Mixed Use Cod,
ArchlRRual and Sit, Design Manual
Building Height
3Y if red dent, al
50'
50' au other
Build to
0-12feeCSTA
012feet, 6O -A
Setbacks
Sides : 0'
Sides: Y per story
Rear: 19 f S'for each
PHnonOammable)
additional story(landscaped)
Rear: 19 f Yfor each additional story♦
Lot Coverage 90Th for mixed use
BYh for sl ogle use
Landscape ITA for mixed use
lYh for sl rel e use
Y per story landscape buffer
00h
20h
Process
Neighborhood Meeting:
— Held on May 16, 2018
— 0 neighbors in attendance
Referral:
— No concerns from any agency
Staff Recommendation
Staff concludes:
— Zone change will promote public welfare
— Zone change to MU -N supported by adopted plans
— MU -N is compatible with surroundings
Staff recommends APPROVAL of the request.
Comprehensive Plan
Envision Wheat Ridge
— 4411 is a Neighborhood Commercial Corridor
— Encourages mix of uses
♦� AIt
City of
Wh&,at"-, e -
POSTING CERTIFICATION
CASE NO. WZ-18-14
PLANNING COMMISSION HEARING DATE:
June 21, 2018
n a e)
at �0 +fY' � i e c.� -06
(a dress)
as the applicant for Case No. WZ-18-14 hereby certify that I have posted the Notice of
Public Hearing at 6701 West 40 Avenue
on this day of `2-01 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 pted in o ' ' own on the map below.
Signature:
NOTE: This form must be submitted at the public heart g on th's case and will be placed in the
applicant's case file at the Community Development Department.
MAP
City of
Wheat"idge
PUBLIC POSTING REQUIREMENTS
One sign must be posted per street frontage. In addition, the following requirements
must be met:
• The sign must be located within the property boundaries.
• The sign must be securely mounted on a flat surface.
■ The sign must be elevated a minimum of thirty (30) inches from ground.
■ The sign must be visible from the street without obstruction.
■ The sign must be legible and posted for fifteen (15) continuous days prior to and
including the day of the hearing [sign must be in place until 5pm on June 21,
2018.
It is the applicant's responsibility to certify that these requirements have been met and
to submit a completed Posting Certification Form to the Community Development
Department.
♦�4le
1w Ir
Wh6atRiLd e
g
TO:
CASE MANAGER:
CASE NO. & NAME:
ACTION REQUESTED:
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Planning Commission
Zack Wallace Mendez
WZ-18-14 / Potrykus
MEETING DATE: June 21, 2018
Approval of a zone change from Commercial -One (C-1) to Mixed Use -
Neighborhood (MU -N).
LOCATION OF REQUEST: 6701 W. 44th Avenue
APPLICANT (S): Robert Potrykus, Trustee of RIP Investment Trust
OWNER (S): RIP Investment Trust
APPROXIMATE AREA: 19,602 square feet (0.45 acres)
PRESENT ZONING: Commercial -One (C-1)
COMPREHENSIVE PLAN: Neighborhood Commercial Corridor
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN
(X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
Locatic
Planning Commission
Case No. WZ-18-14IPotrykus
Site
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant and current owner of the property has submitted this application requesting approval of a
zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N).
II. EXISTING CONDITIONS/PROPERTY HISTORY
The subject property is located at 6701 W. 44"' Avenue. The property is approximately 0.45 acres in
size and located on the north side of 44"' Avenue, at Otis Street. The property currently contains one
structure, constructed in 1910 as a house, per Jefferson County records (Exhibit 1, Aerial). The City's
original zoning map indicates this property was zoned Residential -Three (R-3) at the time of
incorporation in 1969. This zoning remained in place until July 1982, when City Council approved a
rezoning of the property from R-3 to Commercial -One (C-1). City permit records indicate that in
October 1982, permits were pulled to convert the residence into a commercial structure.
The properties adjacent to the subject property to the east along the north side of 44a' Avenue are also
zoned Commercial -One (C-1). Restricted Commercial (RC) zoned properties can be found along 44"'
Avenue to the west and south/southeast of the subject property. Also south of the property are two
parcels which were rezoned to Mixed Use -Neighborhood (MU -N) in 2013. Approximately two blocks
from the subject property in either direction are properties zoned Neighborhood Commerical (NC).
Moving north and south, away from 40 Avenue, are residential neighborhoods, mostly zoned
Residential -Two (R-2). While a few duplexes can be found in this residential area, single-family
homes are the dominant housing type. To the north and northwest of the sub'ect ro ert are a few
multi -family residential properties, zoned Residential -Three (R-3)
III. PROPOSED ZONING
The applicant is requesting the property be rezoned to Mixed Use -Neighborhood, a zone district
intended to provide medium density mixed-use development. In addition to residential and office uses,
it allows for a range of neighborhood -serving commercial and retail uses. MU -N zoning is intended for
"neighborhood main streets," such as 44a' Avenue and 38ffi Avenue.
The property is currently zoned Commercial -One (C-1). The C-1 zone district was established to
accommodate a wide range of commercial uses, such as office, general business, retail sales, and
service establishments, which are oriented towards the community or entire region.
The applicant intends to rezone the property so he can offer the space as a location for a small business
owner to both live and work. The applicant stated that he has received many requests for the property
OFF to be a live -work location xhibit 3, Applicant Letter). The desire for live -work arrangements has
been noted in several previous zone change requests within this eastern portion of 40 Avenue.
The property owner is not contemplating any redevelopment at this time. However, if the zone change
is approved and in the future development is proposed for this property, Mixed Use development
Planning Commission
Case No. WZ18-14IPotrykus
standards will apply. The following table compares the existing and proposed zoning for the property,
with standards for new development or major additions. In terms of permitted uses, MU -N allows
commercial uses at a lesser intensity than the existing C-1 zoning, in addition to also allowing
residential uses.
FF
CURRENT ZONING
PROPOSED ZONING
Commercial -One C-1
Mixed Use -Neighborhood (MU -N)
Allows a wide range of commercial uses
Allows residential, commercial or mixed
Uses
including office, general business, retail
use — includes multi -family and live/work
sales, and service establishments.
facilities, excludes outdoor storage.
Traditional Overlay ASDM standards
Mixed -Use standards apply, including high
Architectural Standards
apply, including high quality architecture,
quality architecture, standards related to
standards related to articulation, variation,
articulation, variation and materials.
materials, and transparency.
Max. Building Height
50'
35' if the building has residential use
50' for all other uses
Max. Building coverage
80%
90°% for mixed use
85% for single use
Min. Landscaping
20%
10°% for mixed use
15% for single use
Build -to Area
0-12' along front property line
0-12' along front property line
Setbacks
Side setback (adjacent to commercial):
Side
0 feet if nonflammable or 5 feet per story
0 feet
Rear
10 feet plus 5 feet per story
Rear setback (adjacent to duplex):
10 feet for the first 2 stories, additional
5 feet for each additional story. Must be
landscaped.
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning
Commission shall base its recommendation in consideration of the extent to which the following
criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community and
will not result in a significant adverse effect on the surrounding area.
The change of zone will not result in adverse effects on the surrounding area. The rezoning would
allow a less intensive range of commercial uses than the current C-1 zoning, and encourage more
neighborhood -oriented businesses. The proposed zone change is not out of character with 44ffi
Avenue and the array of businesses and residences located in the vicinity of the subject property,
and thus should not have an adverse effect on the surrounding area.
The MU -N zoning is expected to add value to the subject property and also to the surrounding
community. The mixed use development standards will support compatibility between future
redevelopment and existing land uses.
Based on the small size of the property, many of the more intensive permitted uses in MU -N zone
district are likely unrealistic (such as multifamily uses or larger commercial uses).
Staff concludes that this criterion has been met.
Planning Commission
Case No. WZ18-14IPotrykus
2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist or are
under capacity.
Infrastructure currently serves the property, and all responding agencies have indicated they can
serve the property. In the event that the current utility capacity is not adequate for a future use or
development, the property owner/developer would be responsible for utility upgrades.
Staff concludes that this criterion has been met.
3. The Planning Commission shall also find that at least one 1 of the following conditions
exists:
a. The change of zone is in conformance, or will bring the property into conformance, with
the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies or plans for the area.
West 44th Avenue is a primary east -west thoroughfare in the City, is classified as a minor
arterial, and is predominantly commercial in character. Envision Wheat Ridge, the City's 2009
comprehensive plan, identifies this corridor as a Neighborhood Commercial Corridor. This
designation envisions a corridor with a broad mix of activities, including small-scale,
pedestrian -friendly mixed-use retail, commercial businesses, and residential, with a focus on
promoting a compatible mix of uses to supply daily services and meet the needs of adjacent
residential areas. A stated goal in the comprehensive plan is to promote reinvestment in
property and to promote a mix of neighborhood supporting uses, including residential and
commercial.
As such, this zone change request supports the comprehensive plan by enabling investment in
the property and by aligning the zoning with the City's mixed use goals for this corridor.
Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the City
of Wheat Ridge is in error.
Staff has not found any evidence of an error with the current C-1 zoning designation as it
appears on the City zoning maps.
Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that it is
in the public interest to encourage redevelopment of the area or to recognize the changing
character of the area.
Staff finds no evidence of significant changes in the area. The zone change request from C-1 to
MU -N neither responds to nor results in notable change of character.
Staff concludes that this criterion is not applicable.
Planning Commission
Case No. WZ18-14 /Potrykus
d. The proposed rezoning is necessary in order to provide for a community need that was
not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive
plan.
The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable.
Staff concludes that the criteria used to evaluate zone change support this request.
V. NEIGHBORHOOD MEETING
Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood
input meeting in accordance with the requirements of section 26-109.
A meeting for neighborhood input was held on May 16, 2018. There were no neighbors in attendance.
VI. AGENCY REFERRAL
All affected service agencies were contacted for comment on the zone change request and regarding
the ability to serve the property. Specific referral responses follow:
Wheat Ridge Public Works Department: No comments.
Wheat Ridge Sanitation District: No objection.
West Metro Fire Protection District: No objection.
Century Link: No objection.
Xcel Energy: No objection.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change promotes the health, safety and general welfare of the
community and will not result in a significant adverse effect on the surrounding area Staff further
concludes that utility infrastructure adequately serves the property, and the applicant will be
responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is
consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along a
neighborhood commercial corridor.
Because the zone change evaluation criteria support the zone change request, staff recommends
approval of Case No. WZ-18-14.
Planning Commission
Case No. WZ18-14IPotrykus
VIII. SUGGESTED MOTIONS
Option A:
"I move to recommend APPROVAL of Case No. WZ-18-14, a request for approval of a zone change
from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6701 W.
441h Avenue, for the following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the community
and does not result in an adverse effect on the surrounding area.
2. Utility infrastructure adequately services the property.
3. The proposed zone change is consistent with the goals and objectives of the City's
Comprehensive Plan and consistent with the character of 44u' Avenue.
4. The zone change will provide additional opportunity for reinvestment in the area.
5. The criteria used to evaluate a zone change support the request."
Option B:
"I move to recommend DENIAL of Case No. WZ-18-14, a request for approval of a zone change from
Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6701 W. 44h
Avenue, for the following reasons:
1.
2. ...
Planning Commission
Case No. WZ18-14IPotrykus
EXHIBIT 1: AERIAL
Planning Commission
Case No. WZ-18-14 /Potrykus
EXHIBIT 2: ZONING MAP
Planning Commission
Case No. WZ-18-14 /Potrykus
EXHIBIT 3: APPLICANT LETTER
To: City of Wheat Ridge
From: Robert and Deborah Potrykus, Trustees, RJP Investment Trust
Date: Apr1118, 2018
Re: ZONING CHANGE REQUEST — 6701 W 44'" Ave, Wheat Ridge, CO.
Please accept this Zoning Change Request for the subject property on behalf of RIP
Investment Trust — from Commercial "C-1" to Mixed Use -Neighborhood `1MU-N."
Justification
This property is a small home zoned commercial, that is used as an office but is capable
of supporting a small business owner who may desire to use same as a live and work
location. The home has full kitchen and bathroom/shower facilities (recently installed and
modernized). Pictures sent to planner Zachary Wallace Mendez.
This change requested will promote the health, safety and welfare of the community and
not result in any significant adverse effect.
Many requests have been made by the current and other prospective tenants for this
property to be able to live and work within this facility. Numerous `homes' have been
converted to commercial and specifically MU -N along 44" Ave in Wheat Ridge. This
type of property is consistent with that use and classification. Properties directly across
the street from the subject property are zoned as MU -N.
Full utilities are available to and utilized by the subject property. No changes will occur
with effect on public facilities and services.
At a minimum, the change of zone is in conformance or will bring the property in
conformance with the City of Wheat Ridge comprehensive plan goals, objectives and
polices and other city approved policies and plans for the area.
In accordance with Section 26-114 of the Wheat Ridge Municipal Code, the zoning
change request will have no detrimental effect given the change to MU -N
classification, will have a medium density effect (less effect than its current C-1
Commercial classification) allowing for neighborhood serving commercial and retail
uses as well as residential and civic land uses — so a small business owner may work
and live at the subject property. The current physical and operational characteristics of
the subject property already meet the current zoning classification of C-1 and the
change request will have no change, or less effect, on current utilities, traffic and/or
other similar neighborhood impact. The current architectural design or the subject
property meets the zoning change request fit for a neighborhood, consistent with the
adjacent neighborhood (homes) and consistent with the neighborhood businesses along
Planning Commission
Case No. WZ 8-J41Pobykus
44' Avenue in Wheat Ridge. There is no change in the current structure of the subject
property and no anticipated redevelopment at this time.
review. The community development director or city council shall base its
consideration of the extent to which the applicant demonstrates the following
it met:
[I.] The special use will not have a detrimental effect upon the general health, welfare, safety and
convenience of persons residing or working in the neighborhood.
[2.] The special use will not create or contribute to blight in the neighborhood by virtue of physical or
operational characteristics.
[3.]The special use will not create adverse impacts greater than allowed under existing zoning for the
property.
[4.]The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking,
loading, service or internal traffic conflicts to the detriment of persons whether on or off the site.
[5.]The property is appropriately designed, including setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony and compatible with the character of the surrounding
areas and neighborhood, especially with adjacent properties.
[6.] The special use will not overburden the capacities ofthe existing streets, utilities, parks, schools and
other public facilities and services.
[7.] There is a history of compliance by the applicant candler property owner with Code requirements and
prior conditions, if any, regarding the subject property.
[8.] The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
Please advise if any questions or if you need additional information. We appreciate
your time and attention.
Thank you.
Robert and Deborah Potrykus
Trustees of the RJP Investment Trust
Owner of 6701 W 44° Ave., Wheat Ridge, CO.
720-261-0860
Planning Commission 10
Cost No. WZI8-14/Pobykus
EXHIBIT 4: COMPREHENSIVE PLAN
Subject Property
Neighborhoods
T
• •
4 -
Neighborhood Neighborhood
Commercial Corridor
(44' Avenue)
Planning Commission 11
Case No. WZ-I8-141 Potrykus
EXHIBIT 5: SITE PHOTOS
View of the subject property looking north from 44' Avenue.
Planning Commission 12
Case No. WZ-18-14 /Potrykus
Planning Commission 13
Case No. WZ-18-14 /Potrykus
City of
Wheat j,�qge
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
LETTER NOTICE
(As required pursuant to Code Section 26-109.D)
June 7, 2018
Dear Property Owner / Current Resident:
This is to inform you of Case No. WZ-18-14 an application filed by RJP Investment Trust for
approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N)
for property located at 6701 West 44th Avenue. This request is scheduled for public hearing in
the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as
follows:
Planniniz Commission June 21, 2018 0) 7:00 p.m.,
Cit,LCouncil Aueust 13, 2018 (& 7:00 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments. If you have any questions or desire to review any plans, please
contact the Planning Division at 303-235-2846.
Thank you,
City of Wheat Ridge Planning Division
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. If you need inclusion assistance, please call Sara Spaulding, Public
Information Officer, at 303-235-2877 at least one week in advance of the meeting.
www.ci.wheatridge.co.us
Vicinity Map
Site Outlined in red
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Geographic
Information Systems 45TH AVE —
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ADatum: NAD53
WZ1814.doc
A & J PROPERTIES ONE LLC A & J PROPERTIES TWO LLC ALCAMO JOHN ALCAMO TONI
5922 E HERMOSA VISTA DR 5922 E HERMOSA VISTA DR 4375 OTIS ST
MESA AZ 85215 MESA AZ 85215 WHEAT RIDGE CO 80033
AQUA LAND LLC BACHER DANIEL A JONES'JOHN W BRADY PATRICK H BRADY CONSTANCE S
6497 UMBER CIR 6790 W 44TH PL 4380 PIERCE ST
ARVADA CO 80007 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CANNON BRIAN CANNON HOLLY MARIE
CONIGLIO II ANTHONY JOHN
CRACK AND NEEDLES LLC
4385 NEWLAND ST
4395 NEWLAND ST
6650 W 44TH AVE
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
DIAZJAVIER BETANCOURT DIAZ BENJAMIN
DELLACROCE GENO
BETANCOURT
ELIZABETH D BUDD REVOCABLE TRUST
4375 NEWLAND ST
6770 W 44TH PL
1601 S LANSING ST
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
AURORA CO 80012
EPP COLORADO ACQUISITION LLC
SOUTHWEST PROPERTY TAX
FOY SHAUN FOY NICOLE
GEORGIC KATHERINE
0 PO BOX 5037
6780 W 44TH PL
6605 W 44TH PL
GRANBURY TX 76049
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
LEWIS WAYNE HART LIVING TRUST LYONS MONIQUE WHITE DAVID W MAES CARL I MAES CELINA P
6615 W 44TH PL 6655 W 44TH PL 5812 QUEEN ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ARVADA CO 80004
MEDINA NICK A MEDINA DELPHINE T OTIS STREET LLC PIERCE LTD
6690 W 44TH AVE 480 S GARFIELD ST 3086 VICTOR ST
WHEAT RIDGE CO 80033 DENVER CO 80209 AURORA CO 80011
RADCLIFF DUANE A RADCLIFF SARA RAMEX LLC RANDYS REALTY ENTERPRISES INC
6625 W 44TH PL 3230 ARBUTUS ST 3570 E 12TH AVE #106
WHEAT RIDGE CO 80033 GOLDEN CO 80401 DENVER CO 80206
RJP INVESTMENTTRUST ROBERT MCBRIDE LIVING TRUST SCHMIDT MINDY LINZMEYER BRYAN
1410 CARR ST 6720 W 44TH PL #A 6330 E ASBURY ST
LAKEWOOD CO 80214 WHEAT RIDGE CO 80033 DENVER CO 80224
SHIVELY ELIZABETH MAUDE SKAI PROPERTIES LLC
7434 QUEEN CIR 6700 W 44TH AVE
ARVADA CO 80005 WHEAT RIDGE CO 80033
♦6 A♦
City Of
]R
or eat dge
COMMUNITY DEVELOPMENT
City of Wheal Ridge Municipal Building 7500 W. 29� Ave. Wheal Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
June 19, 2018
RIP Investment Trust
Attn: Robert Potrykus
1410 Carr Street
Lakewood, CO 80214
DELIVERED VIA EMAIL
robert@j plawyer.com
Re: WZ- 18-14 —1" Review
Dear Mr. Potrykus:
This letter is in regard to your application for a zone change on property located at 6701 W. W Avenue. The
first submittal of your application has been reviewed, and there are no requests for additional information at
this time. The Planning Division has no comments regarding your proposal. Comments were received during
the referral period from the following outside agencies and city departments:
• Wheat Ridge Public Works
• Wheat Ridge Sanitation District
• West Metro Fire Protection District
• Century Link
• Xcel Energy
All comments are provided as an attachm ent to this memo. Please let me know if you have any questions
Sincerely,
Zack Wallace Mendez
Plannerll
303-235-2852
zwallace@ci.wheatrldge. co. us
cc: Case file (WZ-I8-14)
Enclosures
'SAI
CIfY Of
ridge
WheatR
PUBLIC WORKS
Memorandum
TO: Zack Wallace, Planner II
FROM: Dave Brossman, Development Review Engineer
DATE: January 24, 2018
SUBJECT: WZ-18-14 / Potrykus — 6701 W. 44th Avenue.
I have completed my review for the request for approval of a zone change to MU -N for the
property located at 6701 W. 44th Avenue received on May 24, 2018, and I have the
following comments:
It does not appear that the current rezoning proposal entails any site changes
which could trigger traffic or drainage requirements. Public Works has no
comments regarding this rezone proposal.
ToZack-601 W. 44tli Aveve Poo,k sJte-Zove_Ist Review
./�AMAULT MARTIN/MARTIN
00000"CONSULTING SU LTING ENGINEERS
May 24, 2018
Zack Wallace
City of Wheat Ridge
Community Development
7500 West 29`h Avenue
Wheat Ridge CO 80033
Email: zwaIlace@ci.wheatridge.co.us
Re: Wheat Ridge Sanitation District -6701 W. 44th Ave. — WZ-18-14/Potrykus
Martin/Martin, Inc Project No.: 13.0053.C.01
Dear Mr. Wallace,
On behalf of the Wheat Ridge Sanitation District (WRSD), Martin/Martin Inc., acting as the District's Consulting
Engineer, offers the following in response to the referenced referral dated May 24`h, 2018 concerning request for a
zone change from Commercial -1 to Mixed -Use Neighborhood at 6701 W. 44`h Ave. The Wheat Ridge Sanitation District
has no objection for approval of the zone change conditional on the elements identified herein are fully addressed. The
following are general requirements for sanitary sewer service. Rules, Regulations and Standards of the District must be
complied with at all times.
The property referenced above is entirely within the boundary and service area of WRSD. Treatment of sewage
generated within the WRSD is provided by the Metro Wastewater Reclamation District (Metro).
Any modification to the site must be referred to the District. If development creates a capacity issue to existing sanitary
lines downstream of the development, the developer will be responsible for upsizing costs. Please provide a site plan
and any proposed water meters with sizing.
Existing Sanitary Sewer Mains
Wheat Ridge Sanitation District has the following sanitary sewer mains in the vicinity of the proposed property:
• 8 -inch mainline running west to east, south of the referenced property within W. 44`h Ave.
It appears from existing records that the property may be serviced by gravity flow; however, the developer is
responsible for determining vertical depths and horizontal locations of District facilities to verify if gravity flow is
capable of servicing lots or if private individual sewage ejectors (lift station) are required. No sump pump connections
for rain/groundwater to District facilities are allowed.
Costs
All costs involved are to be deposited in advance— engineering, reviews, design, construction, legal, observation and
inspections — and are the responsibility of the Owner/Developer at the then current rate fee structure. Please be
aware that proper tap and inspection fees are required to be paid prior to connection to the District main. A
minimum 72 -hour notice prior to construction is required following District receipt of all fees. These fee amounts can
be paid directly to the District Office prior to connection, payable to Wheat Ridge Sanitation District, which also collects
Metro Wastewater's "connection fees'.
If future improvements to the site are planned based on the new zone change, meter size modification, or if sanitary
sewer connection or easements are planned on the parcel, these modifications/improvements will require review by
the District according to the Standards, Rules, and Regulations set forth by WRSD, which are available upon request.
MARTIN/MARTIN, INC.
12499 WEST COLFAX AVENUE
LAKEWOOD, COLORADO 80215
MAIN 303.431.6100
MARTINMARTIN.COM
Wheat Ridge Sanitation District -6701 W. 44th Ave. — WZ-18-14/Potrykus
May 24, 2018
Please be aware that development on the parcel will require participation fees for a hydraulic study to verify the effect
of the proposed development on downstream facilities. Additionally, a participation fee for sanitary sewer capacity
upsizing is required. These amounts can be made available upon request.
Any questions regarding this document, please contact us at (303) 431-6100
Sincerely,
Bill Willis
District Engineer
Cc: Mike Bakarich, Wheat Ridge Sanitation District Manager
Page 212
433 S. Allison Parkway
Lakewood, CO 80226
Bus: (303) 989-4307
Fax: (303) 989-6725
www.westmetrofire.org
West Metro Fire Protection District
May 31, 2018
Zack Wallace Mendez
Planner II
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303-235-2852
Fax: 303-234-2845
zwallace@ci.wheatridge.co.us
Re: Case No. WZ-18-14 (6701 West 44"' Avenue — Rezone)
Dear Mr. Mendez,
This property is within the West Metro Fire Protection District (WMFPD). Fire service will be provided
as long as provisions of the International Fire Code, 2012 edition, including amendments, are met in
development.
WMFPD has no comments or concerns for the proposed rezoning. Future development must comply
with the City's adopted fire code and be approved by the WMFPD.
It should be noted that live/work units(R-2) within the City of Wheat Ridge require a fire sprinkler
system.
Permits are required from the fire district all work on automatic fire protection systems, all work on
automatic fire detection systems, underground fire line, solar photovoltaic systems, radio amplification,
and for the storage of hazardous materials including the removal and placement of fuel storage tanks.
WMFPD reserves the right to provide additional comments/requirements at the time when plans are
submitted and reviewed per applicable codes and amendments.
If you have any questions contact me at 303-989-4307 extension 513 or e-mail: bkralkwestmetrofire.org.
Respectfully,
Bruce Kral
Fire Marshal
"Whatever It Takes"... To Serve
T.: wounedi
suspect: RE wheat RiAe Referral
Data novel Ave 6, 2018 4 41 30 AR
Zack,
CenturyLlnk has no objection to the proposed application
Thanks
Pardo tumbled, ROW Agent
CenturyLlnk
700 W. Mineral Ave, Lffileton, CO 80120
Call. 7205202133
Ou41n Pulclanl@centuryllnk c0ok
"Centu Lmk-
vil�c N
Bwriper cannecua-
From: Zackary Wallace maric zwallace@ clwh abridge cc as{
Sent Thu who is Me y 26, 2018 809 AM
To: P ul oldcis0u at n mu son to loan Re canto rgin it com>
Subjects Ad eat Ridge Referral - WZ-18-16
Rusin,
The Meat Ridge Community Development Department has received a request for approval of a zone
Mange at 6701 W. fifth Avenue (Case No W2 -181a). Application materials can be viewed and
download ad from the following dmpbozlink
htto a /Nowev Ed coax ceMs,fszuurge AcIbuxRVAERC CBhmBmFl7DZUI of mhw5ha 9dW
Comments are due by Fril June 8, 2018 no response from you will constitute having no objections or
mred rns. Feel To e to be In to uM with any a dditional Rupe it ns
Than kyou
,
Zack Wallace Mendez
Planner 11
7500 W 29th Avenue
Meat Ritlge, Cgood do 80033
Office Phone 303235-2852
Fax 303 234 2845
www a whe�a ridge m us
Convenience
V he
of
C'dil�dge
Urv[
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Xcel EnergySV
PUBLIC SERVICE COMPANY
June 6, 2018
City of Wheat Ridge Community Development
7500 West 29th Avenue
Wheat Ridge, CO 80033
Attn: Zack Wallace
Re: Potrykus Rezone, Case # WZ-18-14
Right of Way & Permits
1123 West 3" Avenue
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 3 03. 571.32 84
donna.l.george@xcelenergy.com
Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has
reviewed the request for the Potrykus Rezone. Please be advised that PSCo has existing
electric distribution facilities within the areas indicated in this proposed rezone. Public Service
Company has no objection to this proposed rezone, contingent upon Public Service Company
of Colorado's ability to maintain all existing rights and this amendment should not hinder our
ability for future expansion, including all present and any future accommodations for natural
gas transmission and electric transmission related facilities.
As the project progresses, the property owner/developer/contractor must complete the
application process for any new natural gas or electric service, or modification to existing
facilities via FastApp-Fax-Email-USPS (go to:
https://www.xcelenergy.com/start, stop, transfer/new construction service activation for buil
ders). It is then the responsibility of the developer to contact the Designer assigned to the
project for approval of design details. Additional easements may need to be acquired by
separate document for new facilities.
As a safety precaution, PSCo would like to remind the developer to call the Utility Notification
Center at 1-800-922-1987 to have all utilities located prior to any construction.
Please contact me at donna. I.george@xcelenergy.com or 303-571-3306 if there are any
questions With this referral response.
Donna George
Right of Way and Permits
Public Service Company of Colorado
♦6 A♦
City of
WheatlRidge
CommuNLTy DEVELOPMENT
Community Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Ph: 303.235.2846 Fax: 303.235.2857
Community Development Referral Form
Date Mailed: May 24, 2018 Response Due: June 8, 2018
The Wheat Ridge Community Development Department has received a request for approval of a zone
change at 6701 W. 44`h Avenue.
No response from you will constitute having no objections or concerns regarding this proposal.
Case No.: Vt2-18-14 / Potrykus
Request: The applicant is requesting a zone change from Commercial -One (C-1) to Mixed Use -
Neighborhood (MU -N). As the owner of the property, the applicant is proposing the zone
change to allow the option for current and/orfuture tenants to utilize the building as a
live/work space. Due to the zoning restrictions on residential uses in commercial zone
districts, the owner wishes to change the zoning on the property to allow live-work/mixed-use
spaces and commercial and residential uses outright.
The subject property is located on the north side of W. 44'h Avenue between Pierce Street
and Newland Street. The existing structure on the property was likely constructed as a house
in 1910 but has since been converted to commercial. The lot is approximately 19,602 square
feet (0.45 acres).
Please respond to this request in writing regarding your ability to serve the property. Please specify
any new infrastructure needed or improvements to existing infrastructure that will be required. Include
any easements that will be essential to serve the property as a result of this development. Please
detail the requirements for development in respect to your rules and regulations. If you need further
clarification, contact the case manager:
Case Manager: Zack Wallace Mendez
Phone: 303.235.2582 Email: zwallace@ci.wheatridge.co.us Fax: 303.235.2852
DISTRIBUTION:
Wheat Ridge Water District
Wheat Ridge Sanitation District
West Metro Fire District
Xcel Energy
Century Link
Comcast Cable
Wheat Ridge Police Department
Wheat Ridge Public Works
Wheat Ridge Parks & Recreation Department
Wheat Ridge Building Division
Wheat Ridge Economic Development
Vicinity Map
1�9,Rry of
W heat f<i�gge
Geographic
Information Systems
Legend
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NOTE: Land use applications must be
41 submitted BY APPOINTMENT with a
City of planner. Incomplete applications will not
Wheat 1 _i!4ge be accepted—refer to submittal checklists.
_]�qr
LAND USE CASE PROCESSING APPLICATION
Community Development Department
_West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846
£(Please print or type all information)
pla e
Applicant Ti�vST Phone 2oLG� a 86 o Email Rr� �:, 1 r ��
Address, City, State, Zip �� n r r $-�, TI A,lC E UL -0 o D co 'cl
Owner Sit rfs ,JppLte,&Aa Phone Email
Address, City, State, Zip —
Contact SA*% -A- ,e-5' ,AIPRL� *,-r Phone Email
Address, City, State, Zip
(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): -70 ( VV_ 4 AvE _W1144!t7 AlC r [ O
Type of action requested (check one or more of the actions listed below which pertain to your request):
,*Change of Zone or Zone Conditions O Special Use Permit O Subdivision - specify type:
O Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots)
O Planned Building Group O Site Plan O Minor (4 or 5 lots)
O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots)
O Variance/Waiver (from Section 26-) O Right of Way Vacation O Other:
Detailed description of request:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in
filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent
the requested action cannot lawfully be - 4Apt.ser than owners must submit power-of-attorney
from the owner which approved of is actiononhis
Notarized Signature of Applica
State of Colorado } ss
County of ^ f e * ,�
The f re of g instruinent (Land Use Processing Application) was acknowledged by me this day of H46(, 20 IV
by _K2 j�, •�.wr �Q cG5
S
&65,�Z,r•4r V124 My commission expires 4 / j!F l20 �V
Notary Px61ic Z
To be filled out by staff:
Date received
Comp Plan Design.
Related Case No.
Assessor's Parcel No.
Size (acres or sqft)
Rev 1/2212016
Fee $
Receipt No.
Pre -App Mtg. Date
Current Zoning _
Proposed Zoning _
BENJANNN YERK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174038816
MY COMMISSION EXPIRES 09/15
Case No.
Quarter Section Map
Case Manager
Current Use
Proposed Use
City of Wheat Ridge
2018-05-18 11:42 CDBA
ZONING APPLICATION FEES
CDA018882 AMOUNT
FMSD ZONING APPLICATION FEE 656.25
FMSD ZONING REIMBURSEMENT F 225.00
PAYMENT RECEIVED AMOUNT
VS / 3278 881.25
AUTH CODE: 02167D
TOTAL 881.25
Rev. 512014
]��c�.t Nidge
(_OMMUNrry DLVELOPME.N I'
Submittal Checklist: Zone Kan e (straight zone district
Project Name: 7o
Project Location:
Application Contents:
A zone change application is required for approval of a rezoning to any non -planned
development (straight) zone district. The following items represent a complete zone change
application:
Completed, notarized land use application form
_Application fee
C/3. Signed submittal checklist (this document)
�4�P of of ownership—e.g. deed
Written authorization from property owner(s) if an agent acts on behalf of the owner(s)
t5�M. eral rights certification form
Plproved legal description on the Current City Datum with proper section and PHAC ties
_� er City Geodetic Requirements, in Microsoft Word format
entified boundary and improvement survey of the propert --t
,CWritt request and description of the proposal
6/ Include a response to the zone change review criteria—these are found in Section
114 of the municipal code
Include a justification of why the zone change is appropriate addressing these issues:
• The need for the zone change.
• Present and future effect on the existing zone districts, development and
physical character of the area.
• Access to the area, traffic patterns and impact of the requested zone on these
factors.
• Availability of utilities.
• Present and future effect on public facilities and services, such as fire, police,
water, sanitation, roadways, parks, schools, etc.
• A discussion of the relationship between the proposal and adopted land and/or
policies of the city.
As applicant for this project, 1 hereby ensure that all of the above requirements have been included with
this submittal. l fully understand that if any one of the items listed on this checklist has been excluded,
the documents wilLWIT
distributed for City review. In addition, 1 understand that in the event any
revisions ne to be made a r the second (2nd) full review, I will be subject to the applicable resubmittal
fee.
Signa
Date: _7 Z
Name (please print): , � � �ZX ,4' one: Z6z' 4�I6 ei
Community Development Department - (303) 235-2846 www.ci.wheatridge.co.us
To: City of Wheat Ridge
From: Robert and Deborah Potrykus, Trustees, RJP Investment Trust
Date: April 18, 2018
Re: ZONING CHANGE REQUEST — 6701 W 44th Ave, Wheat Ridge, CO.
Please accept this Zoning Change Request for the subject property on behalf of RJP
Investment Trust — from Commercial "C-1" to Mixed Use -Neighborhood "MU -N."
Justification:
This property is a small home zoned commercial, that is used as an office but is capable
of supporting a small business owner who may desire to use same as a live and work
location. The home has full kitchen and bathroom/shower facilities (recently installed and
modernized). Pictures sent to planner Zachary Wallace Mendez.
This change requested will promote the health, safety and welfare of the community and
not result in any significant adverse effect.
Many requests have been made by the current and other prospective tenants for this
property to be able to live and work within this facility. Numerous `homes' have been
converted to commercial and specifically MU -N along 44t" Ave in Wheat Ridge. This
type of property is consistent with that use and classification. Properties directly across
the street from the subject property are zoned as MU -N.
Full utilities are available to and utilized by the subject property. No changes will occur
with effect on public facilities and services.
At a minimum, the change of zone is in conformance or will bring the property in
conformance with the City of Wheat Ridge comprehensive plan goals, objectives and
polices and other city approved policies and plans for the area.
In accordance with Section 26-114 of the Wheat Ridge Municipal Code, the zoning
change request will have no detrimental effect given the change to MU -N
classification, will have a medium density effect (less effect than its current C-1
Commercial classification) allowing for neighborhood serving commercial and retail
uses as well as residential and civic land uses — so a small business owner may work
and live at the subject property. The current physical and operational characteristics of
the subject property already meet the current zoning classification of C-1 and the
change request will have no change, or less effect, on current utilities, traffic and/or
other similar neighborhood impact. The current architectural design or the subject
property meets the zoning change request fit for a neighborhood, consistent with the
adjacent neighborhood (homes) and consistent with the neighborhood businesses along
44th Avenue in Wheat Ridge. There is no change in the current structure of the subject
property and no anticipated redevelopment at this time.
Criteria for review. The community development director or city council shall base its
decision in consideration of the extent to which the applicant demonstrates the following
criteria been met:
[1.] The special use will not have a detrimental effect upon the general health, welfare, safety and
convenience of persons residing or working in the neighborhood.
[2.] The special use will not create or contribute to blight in the neighborhood by virtue of physical or
operational characteristics.
[3.]The special use will not create adverse impacts greater than allowed under existing zoning for the
property.
[4.]The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking,
loading, service or internal traffic conflicts to the detriment of persons whether on or off the site.
[5.]The property is appropriately designed, including setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony and compatible with the character of the surrounding
areas and neighborhood, especially with adjacent properties.
[6.] The special use will not overburden the capacities of the existing streets, utilities, parks, schools and
other public facilities and services.
[7] There is a history of compliance by the applicant and/or property owner with Code requirements and
prior conditions, if any, regarding the subject property.
[8] The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
Please advise if any questions or if you need additional information. We appreciate
your time and attention.
Thank you.
Robert and Deborah Potrykus
Trustees of the RJP Investment Trust
Owner of 6701 W 44th Ave., Wheat Ridge, CO.
720-261-0860
-- - City of
W heat ice
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
NOTICE TO MINERAL ESTATE OWNERS
APPLICANTS: You must submit this completed form to the Community Development Department no later
than ten (10) days before the public hearing on your application. Failure to complete and submit this
Certification of Notice shall constitute sufficient grounds to reschedule your public hearing.
I, leS% , as of/with
(Pr' (t name) (Position/Job Title) (Entity applying for permit/approval) ��rL
(hereinafter, referred to as the "Appli ant"), do hereby certi that notice of the ap lication for
type of
set for public hearing on
_, 20_, has been sent to all mineral estate owners at least thirty (30) days
before the public hearing, as required by § 24-65.5-103(l), C.R.S., or, in the alternative, that the records
of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion
of the property subject to the above referenced application.
-OR-
Check here if there are no mineral estate owners of any portion of the subject property.
I hereby further certify that I am authorized by the Applicant to make representations contained herein and
act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these
representations by my signature below.
Dated this day of , 2/A�,7 2
1
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2013062929 SJ28/201311:28i M
PCs 2 $16.00 DF $1
Electronicaliy Recorded Jefferson County, CO
Pam Anderson. Clerk and Recorder TD10C Y
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(Pursuant to 38 -3b-115 C ILS.) _
TkM DEED, made on y>h�T� A CfDI ®11AIDU ESAI�fL`�Il1VG CORPORATION, la t3L1t
KNOW AS >FMRSTBANK OF ADAM COMITY Grantor(s), of the County of _ and State of COL
forge consideration of ($137,000.00)'a'� One g madred ThiEty &ven Thousaaa1 and 001100 0*1 doilars in hand paid, hereby lls
and conveys to RJ P INVESTMENT TRUST Grantee(s), vkose street address is 1410 CARR ST LAKEWOO D , CO 80214, unty
of JFFFUII;S®N, and Stare off'COLORADO, the following real property in the Cotmty of Jefferson, and State of Colorado, to t
SEE ATTACHED "EXMBITA"
also laiown by street and number as: 6701 W 413TH AVE WMEAT TRUDGE CO 80033
Acceptance of duos deed repiresents acknowlre ftannt that the subject propeny and lmvprovemennts are sold by the party of the first pw I and
purchased by the patties of the &ecandpan in an 'As Is" conaditlenn, with al➢ faults and that there are no warranndes wkaboever, w.x r .,Lrad or
flied by the party of the Ant pant whieb an not nefsrennced healon,
dSTBANK, A COLORADO BFrNf'C G CORPORATION, FORtu ERLy
KNOWN AS 1'MSTDAt K OF ADAMS COUNTY
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my GONOMWIVAS&?�rc` 08 14
State of Le
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County of�q-,�
The fire iag instrutrt t was adaao �vledged beE4am me a l this day of
by � EON,, ��� 2- r D �°� QAC' FMSTBANK, A;, COLORADO BAMM 'I
CC1POION, IFORMERLy () AS +IDE ADAMS CCPD tJffTSi
Witness my hand and official seal.
My commission expires --
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When iZecoxded Return tc: 18.�1� IRT�u� °11��i�q•"— -- -
14110 CARR ST LAK16woo D, CC 8102Il4
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Form 13773 10/2610 swd.open.rev.odt SPecial'W'arranty Beed ()pen (Photographic) AE170375790 (166634421 i�
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State Documentary ,ee
Special Warranty Deed Date:
(pursuant to 38-30-115 C.R.S.) $13<10
THIS DEED, made on __�� n_ by FIRSTBANK, A COLORADO BANKING CORPORATION, FOI4,,%11ERLY
KNi-,WN AS FIRSTDANK OF ADAMS COUNTY Grantor(s), of the County of �..__ and State of CO `'.ORAIDO
for t!- e consideration of ($137,000.00) *** One Hundred Thirty Seven Thousand and 00/100 *** dollars in hand paid, hers l y sells
and conveys to RJ1P INVESTMENT TRUST Grantee(s), whose street address is 14'10 CARR ST LAKEWOOD, CO 802 � I,� County
of JEFFERSON, and State of COLORADO, the following real property in the County of Jefferson, and State of Colorado, yi' wit:
SEE kT'TACII-IIED "EXHIBIT A"
also known by street and number as: 6701 W 44TH AVE WHEAT RIDGE CO 00033
Acci,1)tance of this deed represents acknowledgment that the subject property and improvements are sold by the party of the firs
purchased by the parties of the second part in an "As IIs" condition, with all faults and that there are no warranties whatsoever, e
iinp .i ed by the party of the first part which are not referenced herein.
FIR! UBANK, A COLORADO BANKING CORPORATION, FORMERLY
KN( i' IN AS FIRS`1'BANK OF ADAMS CO1JN1rY
BY:
PRE d'r NAME:
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The foregoing instrunient„was acknowledged before me on this day of -�
C0.3PORAtION, FORMERLY KNOWN AS FIRSTPANk OF ADAMS COUNTYyTR��, A CfDI�®ItAIDO 18fAiiRlf
Wit:, ass my hand and official seal.
My-ommission expires
Notary Public
;W e) Recorded Return tc: IIiJIT Il�i�]E5IMEI�T'"I"IIII3iJS'II -- —�-- --
1410 CARR ST LAKEWOOD, CO 80214
Font 13773 10/2010 swd.open.rev.odt Special Warranty Deed Open (Photographic) A.BJ70375290 {166684421
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ani title
IJAILAnIe[ C(Inll'.\YY
A P,IRT OF BLOCK 7, LAKE VIEW SUBDIVISION AND THE SW 1/4 OF THF NW 1/4 OF SECTION 2.4, TOWNSHIP
RAT IGE 69 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEC, NNING AT THE WEST QUARTER CORNER OF SAID SECTION 24, THENCE N 90 DEGREES 00 MINUTES 00
E O:\ AN ASSUMED BEARING ALONG THE EAST -WEST CENTERLINE., OF SAID SECTION 24, A DIS'T'ANCE OF 2
FEET; THENCE N 00 DEGREES 15 MINUTES 42 SECONDS W, A DISTANCE OF 30.00 FEET TO THE TRUE_ POINT �
BEC, .NNING, WHICH POINT IS ON THE NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE
C014TINUING N 00 DEGREES 15 MINUTES 42 SECONDS W, A DISTANCE OF 140.55 FEET TO A POINT 140.00 FEi
OF'[HE SOUTHERLY RIGHT OF WAY LINE OF WEST 44TH PLACE; THENCE S 81 DEGREES 51 MINUTES 20 SE(
PAF.,),LLEL WITH SAID SOUTHERLY RIGHT" OF WAY LINE A D' STANCE OF 75.53 MEET TO A POINT ON THE ID
OF'[HE WEST 331.50 FEET OF BLOCK 7, LAKEVIEW SUBDIVISION; THENCE S 00 DEGREES 15 MINUTES 43 SE
A D [ 3TANCE OF 140.36 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE
N 90 DEGREES 00 MINUTES 00 SECONDS W, ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE Ol
FEE--, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. ACCORDING TO THE RECORDED PLAT THERE 0-.
COUN"I'Y OF JEFFERSON, STATE OF COLORADO.
ForiT 13773 10/2010 swd. open. rev. odt Special Warranry Deed Open (Photography c) ABJ70375290 {I66684421
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May 16, 2018-6PM
Neighborhood Meeting
6701 W. 44th Avenue
Proposed zone change from
Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N)
Name
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PLEASE PRINT
Address
Zone Change Process
Step 1:
Pre -application Meeting
1
Step 6:
Publish Request/Post Property for
Planning Commission Public Hearing
(15 days prior to public hearing)
1
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
♦�A*1_
Wheat i
d e�MMUNITy DEVELOPMENT
6701 W. 44th Avenue
Proposed zone change from Commercial -One (C-1) to Mixed Use -
Neighborhood (MU -N)
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44TH AVE .
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41
City of
"� Wheatl dJge
COMMUNITY DEVELOPMENT
Zone Change Criteria
For a zone change request, the Planning
Commission and City Council base their
decision on the extent to which the
following criteria have been met:
1. The change of zone promotes the
health, safety, and general welfare of
the community and will not result in a
significant adverse effect on the
surrounding area; and
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; and
3. At least one (1) of the following
conditions exists:
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 existing zone classification
currently recorded on the official
zoning maps of the City of Wheat
Ridge is in error.
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.
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.
What is zoning?
All properties within the City of Wheat Ridge are zoned. Zoning regulates
what land uses are allowed and establishes standards for construction
including building setbacks, lot coverage, and building height.
There are many different zone districts within the City including residential,
commercial, industrial, mixed use, and planned development zoning.
What is a zone change?
A zone change is the process of changing the current zone district to a
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.,
residential vs. commercial).
All proposed commercial, industrial and residential applications for property
exceeding one acre in size must be rezoned to a planned development
district.
Why is a neighborhood meeting required?
A neighborhood meeting is required for all zone change requests. The
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
residents within 600 feet are notified of the meeting.
How do I give my opinion on a zone change?
All public hearings for proposed zone changes are open to the public to
appear and give testimony. Testimony can include written correspondence
or a statement made at the public hearing. Any written correspondence
provided to staff will be forwarded to the Planning Commission and City
Council as part of the evidence of the case. All pertinent correspondence
should be routed through planning staff.
Can I contact my council representative?
Public hearings for zone changes are quasi-judicial in nature. This means
that the deciding body should make a decision only based on testimony
presented at public hearings. Please do not contact the Mayor, Planning
Commissioners, or City Council representatives to discuss the merits of the
case prior to the public hearings; it could jeopardize their ability to hear the
case.
What is a legal protest?
A legal protest is a formal, written protest which can be submitted by
adjacent property owners within 100' of a subject property. If 20% of
property owners on one side within a 100' radius file a legal protest, it
requires a three-fourths vote of City Council (6 out of 8 members present) to
approve a zone change instead of a simple majority (5 out of 8 members
present). A legal protest is usually filed after the Planning Commission
public hearing.
Community Development Department - 303-235-2846 - www.ci.wheatridge.co.us
Robert Potrykus, Trustee - RJP Investment Trust
NOTICE OF NEIGHBORHOOD INPUT MEETING
Dear Neighbor:
RJP Investment Trust, by and through Trustee Robert Potrykus, is proposing a REZONING for
Property it owns, located at 6701 W 44' Ave Wheat Ridge, CO.
A neighborhood meeting will be held on:
Wednesdav, Mav 16, 2018 at 6:00 pm at the Wheat Ridge Municipal Building
7500 W 29' Avenue in the 2nd Floor Conference Room
The purpose of the request is to allow rezoning of the Property FROM Commercial -One "C -I" (which
allows a wide range of commercial land uses which include office, general business, and retail sales and
service establishments) TO the Mixed Use -Neighborhood "MU -N" zoning classification, which is
intended for neighborhood main streets commercial corridors, and encourages medium density mixed use
development. It allows for neighborhood -serving commercial and retail uses, as well as residential and
civic land uses, so a small business owner may work and live within the Property, which in this case, is an
older house that has been rehabilitated. No redevelopment in anticipated at this time.
The City of Wheat Ridge has adopted a requirement that prior to any application for the rezoning of
property, an applicant must notify all residents and property owners within 600 feet and invite them to a
Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his
proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and
desires.
A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved,
however, the Planner will remain impartial regarding viability of the project.
Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as
testimony, it is the public hearing in front of City Council where decisions are rendered. If you want
input in the decision-making process, it is imperative that you submit written comments during the public
notice period and/or attend the public hearing.
The neighborhood meeting is an informal setting that provides an opportunity for you to understand the
scope of the proposed project and the process for review. You will have the opportunity to speak with the
applicant and city staff and to ask any question that you may have related to the project.
If you have any questions, please call the Planning Division at: (303) 235-2846.
If you are unable to attend the meeting, you may mail comments or concerns to:
City of Wheat Ridge
Community Development Department
7500 West 29' Avenue
Wheat Ridge, Colorado 80033
A& J PROPERTIES ONE LLC ALCAMO JOHN ALCAMO TONI E
5922 E HERMOSA VISTA DR 4375 OTIS ST
MESA AZ 85215 WHEAT RIDGE CO 80033
ALKAYAM KELLIE AMBROSIO JOSEPH A AMBROSIO JULIE K
4505 PIERCE ST 4350 OTIS ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
ANDERSEN DANIEL E APLB LLC AQUA LAND LLC
6530 W 44TH PL 3733 NEWTON ST 6497 UMBER CIR
WHEAT RIDGE CO 80033 DENVER CO 80211 ARVADA CO 80007
BACHER DANIEL A JONES JOHN W BACHER DANIEL A BACHER LINDA J BAERE JACQUELYN
6790 W 44TH PL 6790 W 44TH PL 4345 NEWLAND ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
BENDER TRISTAN M BENNETT KELLY B BENNETT LEANNA M BRADY PATRICK H BRADY CONSTANCE S
6614 W 45TH AVE 6655 W 45TH AVE 4380 PIERCE ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CANNON BRIAN CANNON HOLLY MARIE CARDENAS DANIEL Jr CHEAP EASY & CO LLC
4385 NEWLAND ST 6725 W 45TH AVE 4197 W 111TH CIR
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WESTMINSTER CO 80030
CLARK CHRISTY PAULIN COBOURN KATHLEEN CONIGLIO II ANTHONY JOHN
4355 NEWLAND ST 4340 QUAY ST 4395 NEWLAND ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
COTTERLY PAULA S CRACK AND NEEDLES LLC DEBACA JASON MARTIN Jr DEBACA CHRISTINE
130 PEARL ST #1003 6650 W 44TH AVE 4255 PIERCE ST
DENVER CO 80203 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
DELLACROCE GENO DEVINE TIFFANY LYNN DEVINE PATRICK DIAZ JAVIER BETANCOURT DIAZ BENJAMIN
4375 NEWLAND ST 4330 PIERCE ST BETANCOURT
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 6770 W 44TH PLWHEAT RIDGE CO 80033
DOTY ERIC ELIZABETH D BUDD REVOCABLE TRUST EPP COLORADO ACQUISITION LLC
SOUTHWEST PROPERTY TAX
4345 OTIS ST 1601 S LANSING ST
PO BOX 5037
WHEAT RIDGE CO 8033 AURORA CO 80012 GRAN BURY TX 76049
FOY SHAUN FOY NICOLE GEER SHERI LYNN GEER BRIAN GREGORY GEORGIC KATHERINE
6780 W 44TH PL 4380 NEWLAND ST 6605 W 44TH PL
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
HAYDEN JENNIFER HILLARD TAMARA LEE
HOFFMAN BRETT TRAVIS HOFFMAN LACEY
6550 W 44TH PL 6740 W 45TH AVE MARIE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 4501 NEWLAND STWHEAT RIDGE CO 80033
HORGAN MATTHEW G HORGAN MARY C HOUGHTON PATRICK W NEWLAND REALTY LLC JERRY ROACH TRUST ROACH JEROME J TRUSTEE
4365 NEWLAND ST 4315 NEWLAND ST 6545 W 44TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
JOHNSTON THOMAS F MURRELL KELSEA JOVANOVIC SVETISIAV IGUCHI ASUKA L M THOMAS FAMILY LLC
6634 W 45TH AVE 6615 W 45TH AVE 7105 W 119TH PL
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 BROOMFIELD CO 80020
LEAWOOD MONUMENT PIERCE LLC LEE AURORA AUSTIN LEWIS WAYNE HART LIVING TRUST
6549 W FAIR DR 4340 NEWLAND ST 6615 W 44TH PL
LITTLETON CO 80123 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
LOMBARDI ANTONIO LOMBARDI CLELIA LYONS MONIQUE WHITE DAVID W MACALUSO JOSEPH M MACALUSO CLAIRE B
6545 NEWTON ST 6655 W 44TH PL 4355 OTIS ST
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OLIVA JUAN JOSE OLIVA LARIZA C OTIS STREET LLC OYLER HEATHER LUZAYADIO MAKUIZA
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RADCLIFF DUANE A RADCLIFF SARA RAMEX LLC RANDYS REALTY ENTERPRISES INC
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ANN
ANNW 45TH AVE 6760 W 45TH AVE 6330 E ASBURY ST
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6600 W 44TH PL 6670 W 44TH PL 4365 OTIS ST
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6675 W 44TH PL 4495 NEWLAND ST 4480 PIERCE ST
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6645 W 44TH PL 6500 W 44TH AVE 6800 W 44TH AVE
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6815 W 44TH AVE 6665 W 44TH PL 6551 W 44TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
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4330 OTIS ST 6720 W 44TH PL 6701 W 44TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
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4305 NEWLAND ST 6890 W 44TH AVE 4375 PIERCE ST
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4390 OTIS ST 4355 PIERCE ST 6795 W 44TH AVE
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6570 W 44TH PL 4360 OTIS ST 4370 NEWLAND ST
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6601 W 44TH AVE 4370 OTIS ST 6525 W 44TH AVE
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CURRENT RESIDENT CURRENT RESIDENT
6585 W 44TH AVE 6635 W 44TH PL
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
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OMMUNITY DEVELOPMENT
PRE -APPLICATION MEETING SUMMARY
Meeting Date: May 1, 2018
Applicant: Bob Potrykus
Attending Staff: Zack Wallace Mendez, Planner II
Specific Site Location: 6701 W. 44th Avenue
Existing Zoning: Commercial -One (C-1)
Existing Comp. Plan: Neighborhood /Neighborhood Commercial Corridor
Existing Site Conditions:
The property is located on the north side of W. 44a` Avenue, between Pierce Street and Newland
Street. The property is zoned Commercial -One (C-1) and contains a structure that was originally
constructed as a home in 1910. The use of the property has since been converted to commercial. The
lot is approximately 19,602 square feet (0.45 acres).
Surrounding properties include a variety of commercial and residential uses. To the east and west
along 44a` Avenue are properties with a variety of commercial zonings: Neighborhood Commercial
(NC), Restricted Commercial (RC), and Commercial -One (C-1). Also along 44a`Avenue to the
southwest is a property zoned Mixed Use -Neighborhood. There are a few properties along the 44a`
Avenue corridor in the immediate area that are zoned Residential -Two (R-2). North and south of the
44a` Avenue corridor are residential properties zoned R-2 and Residential -Three (R-3).
Applicant/Owner Preliminary Proposal:
The applicant has proposed to rezone the site from Commercial -One (C-1) to Mixed Use —
Neighborhood (MU -N). The zone change would allow for residential and/or commercial uses on the
site. The applicant is the current owner and does not anticipate any redevelopment at this time. The
zone change will allow the current tenant to live and run a business from the property.
Will a neighborhood meeting need to be held prior to application submittal?
Yes, a zone change application requires a neighborhood meeting.
Planning comments:
The following items were discussed based on the applicant's proposal:
Zoning & Use
The current C-1 zoning allows for a wide variety of commercial uses, but is very limited in its
allowance of residential uses. Although this property was constructed as a house, since it has been
converted to a commercial use, it cannot be converted back due to the C-1 zoning. Staff is supportive
of a rezone to Mixed Use — Neighborhood (MU -N) because it allows for a flexibility of uses and has
strict architectural and site design standards for new construction. There is precedent for rezoning to
MU -N along arterial streets, including W. 44ffi Avenue.
Required Fees
The fee for a neighborhood meeting is $101.50.
The fee for a rezoning application is $600 + $125/acre + $225 for the publication/public notice. This
will result in an $881.25 fee, due at time of application.
Please note, all new residential units are assessed for parkland dedication based on the number of new
units generated. Where land is not available to dedicate, a fee in lieu is required. The fee is paid at the
time a subdivision plat is recorded or prior to building permit issuance. This fee is $2,497.29 per
dwelling unit.
Utility Providers
The City of Wheat Ridge is not a full-service city. The utility and service providers for this property
include:
West Metro Fire Protection District, phone: 303-989-4307
Wheat Ridge Water District, phone: 303-424-2844
Wheat Ridge Sanitation District, phone: 303-424-7252
All land use applications will be sent out on referral to these agencies for comment; however, staff
encourages potential applicants to contact service districts ahead of time. This may help to understand
any design or infrastructure requirements and potential costs associated with the proposed project.
Building Division comments:
The Building Division was not present at the meeting. Any new construction, including interior
remodeling, will require building permits, and the issuance of a Certificate of Occupancy upon
completion of the project, and only after passing all of the required inspections.
The City has adopted and currently enforces the 2012 Edition of the International Codes and the 2014
Edition of the National Electric Code. The City uses the ANSI 117.1-2009 Standard in determining
requirements related to accessibility.
Public Works comments:
Public Works was not present at the meeting and will not have comments at this time.
Review Process
This request will require a zone change.
Neighborhood Meeting
The first step in the rezoning process is the pre -application meeting, which took place on May 1, 2018.
The neat 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 $2-$3).
Staff will be present at the meeting to answer any zoning, land use, and process related questions.
However, the applicant will lead the meeting and inform the audience about the proposal.
Rezoning Application
Once the neighborhood meeting is complete, a formal complete application may be submitted by
appointment with a planner. The complete application will be assigned a case number and case
manager. The case manager will be the applicant's point of contact at the City for the duration of the
zone change process. The case manager will review the application, and once all submittal
requirements are met, the application will be sent out on referral to outside service agencies (Xcel
Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic
Development, etc.) for review. The referral period is 15 days, during which time the referral agencies
and departments may submit comments on the application. These comments, as well as those from the
case manager, will be forwarded to the applicant. Modifications to the planned development document
may be requires as a result of these comments.
After all comments have been addressed, a public hearing before Planning Commission will be
scheduled. A public hearing before Planning Commission will require the property to be posted. The
posting period lasts 15 days and requires a sign be posted on the property. Additionally, the
Community Development department will send out written notification of the hearing to all property
owners within a 300 -foot radius of the subject property. During the public hearing at Planning
Commission, the case manager will present the rezoning case to Planning Commission, and based on
an established set of criteria present evidence to support a recommendation of approval, approval with
conditions, or denial of the rezoning. The applicant and the public will have the opportunity to present
evidence and provide testimony in support or opposition of the rezoning application. The Planning
Commission will then recommend approval, approval with conditions, or denial of the rezoning. This
recommendation will be forwarded to City Council for review and decision.
Regardless of Planning Commission's recommendation, the rezoning will automatically be scheduled
for a public hearing before City Council. The City Council hearing will require an additional posting
period. This posting period lasts 15 consecutive days and will require a sign to be posted on the
property. The Community Development Department will also mail out notification of the hearing to
all property owners within 300 -feet of the subject site. At the public hearing before City Council, the
case manager will present the case, and based on an established set of criteria present evidence to
support a recommendation of approval, approval with conditions, or denial of the zone change. The
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applicant, and the public, will be allowed to present evidence and provide testimony in support of
opposition of the zone change. The City Council will then make a decision of approval, approval with
conditions, or denial based on the testimonies provided by staff, the applicant, and the public.
Attachments: Neighborhood meeting template
Note: Please be aware that the above comments are for general information purposes only. Staff
cannot predict the outcome of any land use development application. A favorable response from
staff does not obligate any decision-making body (Community Development Director, Public
Works Director, Planning Commission and/or City Council) to a desired outcome. Staff will
provide the best advice available given existing regulations, current policy, political climate and
information submitted.
Phone Numbers
Meredith Reckert — Senior Planner
303-235-2848
Lauren Mikulak—Planning Manager
303-235-2845
Zack Wallace Mendez — Planner II
303-235-2852
Scott Cutler — Planning Technician
303-235-2849
Dave Brossman — Development Review Engineer
303-235-2864
Mark Westberg—Projects Supervisor
303-235-2863
Steve Art — Economic Development Manager
303-235-2806
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