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HomeMy WebLinkAboutWZ-18-21City of �Wheat j�idge MUNITY DFVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 January 21, 2019 Josua Andert 2524 Gray Street Edgewater, CO 80214 Dear Mr. Andert At its meeting of January 14, 2019, City Council APPROVED Case No. WZ-18-21, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6985 West 38th Avenue for the following reasons: 1. The planning Commission has recommended approval of the rezoning after conducting a proper public hearing 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed zoning has been found to comply with the "criteria for review" in Section 26- 112-E of the Code of Laws. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant Enclosure: Draft of Minutes cc: WZ-18-21 (case file) WZ1821.doc www.ci.wheatridge.coms City Council Minutes January 14, 2019 page 3 Motion by Councilmember Pond to approve the Consent Agenda items a), and c); seconded by Councilmember Urban; motion carried 7-0 Motion by Councilmember Pond to approve Consent Agenda Item b); seconded by Councilmember Urban. Chief Brennan reported that the fee for the training course for police recruits has been raised from $6,000 per recruit to $6,500. The training budget has money to cover this. Motion by Councilmember Mathews to amend Item 2b as recommended by Chief Brennan; seconded by Councilmember Urban; carried 7-0 The main motion carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING V 2. Council Bill 32-2018— An Ordinance approving the Rezoning of Property located at 6985 W. 38th Avenue from Commercial -One (C-1) to Mixed Use - Neighborhood (MU -N) (Case No. WZ-18-21/Barts) The 1/6 acre parcel has an existing building with four apartments on the second floor and commercial space on the first floor. This historic condition is considered legally non- conforming under the C-1 zoning. The rezone to MU -N would legalize the existing configuration. Councilmember Urban introduced Council Bili 32-2018 City Clerk Shaver assigned Ordinance 1662. Mayor Pro -Tem Hoppe opened the public hearing and swore in the speakers Staff presentation Planner Scott Cutler entered into the record the case file and packet material and testified that all notice and posting requirements had been met. • The property is zoned C-1 and is surrounded by MU -N zoned properties. • It was one of seven properties that opted out of a mass rezoning to MU -N in 2010 • Only one residential unit is allowed in C-1 zoning. • MU -N will allow the property to become conforming. • Neighbors have been generally supportive of the zone change. • All outside agencies can serve the property and have no concerns. • Planning Commission recommends approval. Council Questions Councilmember Mathews asked if any other zonings would apply to this property. He was told that C-1 does not allow residential. A Planned Development is possible but City Council Minutes January 14, 2019 page 4 staff believes that is more appropriate for new construction. If denied, the current use of the property would remain grandfathered in. No one from the public spoke. Mayor Pro -Tem Hoppe closed the public hearing. Motion by Councilmember Urban to approve Council Bill 32-2018 an ordinance approving the Rezoning of Property located at 6985 W. 38th Avenue from Commercial - One (C-1) to Mixed Use -Neighborhood (MU -N) for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the "criteria for review" in Section 26-112.E of the Code of Laws. seconded by Councilmember Dozeman. Clerk Shaver noted the very first dentist she visited as a child was Dr. Barta in this building. The motion carried 7-0. 3. Council Bill 33-2018 — An Ordinance approving a zone change from Agricultural - One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 4440 Tabor Street (Case No. WZ-18-15/Clear Creek Terrace) The applicant is requesting the zone change to prepare the property for development of a twenty-six unit townhome project. Councilmember Dozeman introduced Council Bill 33-2018. City Clerk Shaver assigned Ordinance 1663. Mayor Pro -Tem Hoppe opened the public hearing and swore in the speakers. Staff presentation — Lauren Mikulak Planner Lauren Mikulak entered into the record the zoning ordinance, the Comprehensive Plan, the case file and packet material, and testified that all notice and posting requirements had been met. • The vacant property faces Tabor Street and is surrounded by a variety of zonings. • Staff determines this is a transitional property between commercial and residential. • A-1 allows one single family house per acre or agricultural related uses.. • The proposed zoning is for 26 attached, single family homes. • She presented the Outline Development Plan. • The density is 12.4 units per acre, which is similar to R-3. This is considered "mid- point" of the surrounding densities. • The setbacks will vary depending on the location. u4AV.- Citv of h, Wheat Riiclge A� �.- ITEM NO: J_. rDATE: January 14, 2019 REQUEST FOR CITY COUNCIL ACTION G�yesR.sTt�,� \ °otoRao°� So YEAS' TITLE: COUNCIL BILL NO. 32-2018 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6985 W. 38TH AVENUE FROM COMMERCIAL -ONE (C-1) TO MIXED USE - NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-21/BARTA) ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS QUASI-JUDICIAL: ❑ ORDINANCES FOR IIT READING (11/26/2018) ® ORDINANCES FOR 2ND READING (01/14/2019) Community Developinent Director llct�ja__ 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 6985 W. 38h Avenue. The proposed rezoning area includes one parcel, the total size of which is approximately one-sixth of an acre. The existing building contains four (4) residential units on the second floor and commercial space on the first floor. This is the historical condition and is considered legally non- conforming under the C-1 zoning. The rezone to MU -N, if approved, would legalize the existing configuration. PRIOR ACTION: Planning Commission heard the request at a public hearing on November 15, 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 $845 were collected for the review and processing of Case No. WZ-18-21. Additional fees will be collected for the proposed renovation work, which requires building permits. Council Action Fonn — Rezoning Property at 6985 W. 38"' Ave from C-1 to MU -N January 14, 2019 Page 2 BACKGROUND: The subject property is located at 6985 W. 38th Avenue. The property is approximately a sixth of an acre in size and is located on the north side of W. 38th Avenue between Reed Street and Pierce Street. Currently the property contains one structure, a two-story building containing retail/office spaces on the first floor and four apartments on the second floor. The building was built in 1950, per the Jefferson County Assessor. There is a parking area in the front of the building and more spaces, plus an alley/trash collection area, behind it. The building is physically attached to the neighboring building on the east side, 6915 W. 38th Avenue, which is common for older commercial buildings, particularly on W. 38th Avenue. Surrounding Land Uses The property is currently zoned Commercial -One (C-1). Most properties along W. 38a' Avenue between Wadsworth Boulevard and Sheridan Boulevard are zoned Mixed Use — Neighborhood (MU -N) as a result of a legislative rezoning in 2012, but the property owner at the time opted out of the MU -N zoning. The surrounding businesses include restaurants, bars, offices, and a gas station. Current and Proposed Zoning The property is currently zoned Commercial -One (C-1), which provides for a wide range of commercial land uses including office, general business, and retail sales and service establishments. Residential uses can be located in C-1 but must be accessory to a primary use. The applicant is requesting the property be rezoned to Mixed Use -Neighborhood, a zone district intended to provide medium density mixed-use development. In addition to residential and office uses, it allows for a range of neighborhood -serving commercial and retail uses. Referral Process The case has been through a standard referral process. All referral agencies are currently serving the property and have no objections to the request. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant's request for a zone change. A detailed staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. As detailed in the attached staff report, staff is ultimately recommending approval of this request. Council Action Forin — Rezoning Property at 6985 W. 38th Ave from C-1 to MU -N January 14, 2019 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 32-2018 an ordinance approving the rezoning of property located at 6985 W. 38th Avenue from Commercial -One (C-1) to Mixed Use — Neighborhood (MU - N) for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the "criteria for review" in Section 26-112.E of the Code of Laws." Or, "I move to deny Council Bill No. 32-2018 an ordinance approving the rezoning of property located at 6985 W. 38th Avenue from Commercial -One (C-1) to Mixed Use — Neighborhood (MU - N) for the following reason(s): and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 32-2018 2. Planning Commission Staff Report 3. Planning Commission Draft Meeting Minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 32 ORDINANCE NO. Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6985 W. 381h AVENUE FROM COMMERCIAL -ONE (C-1) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-21 / BARTA HOUSE) 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, Barta House LLLP has submitted a land use application for approval of a zone change to the Mixed Use -Neighborhood zone district for property located at 6985 W. 38th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for a mix of land uses and high quality urban form on W. 38th Avenue; and, WHEREAS, the zoning will bring the property into conformance with the surrounding zoning on the corridor; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 15, 2018 and voted to recommend approval of rezoning the property to Mixed Use -Neighborhood (MU -N), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Barta House LLLP for approval of a zone change ordinance from Commercial -One (C-1) to Mixed Use -Neighborhood (MU - N) for property located at 6985 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL A: THE EAST 34 FEET OF LOT 1 AND THE WEST 12 FEET OF THE W '/z OF LOT 10, BLOCK NO. 1 OF HOLLEY SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. ATTACHMENT 1 PARCEL B: TOGETHER WITH AND EASEMENT ACROSS THE NORTH 15 FEET OF THE WEST 100 FEET OF SAID LOT 1 AS GRANTED BY INSTRUMENT RECORDED APRIL 17, 1950 IN BOOK 669 AT PAGE 216, 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 8 to 0 on this 26th day of November, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, January 14, 2019 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 2019. SIGNED by the Mayor on this day of Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk , 2019. Approved as to Form Gerald Dahl, City Attorney 1 St publication: November 29, 2018 2nd publication: Wheat Ridge Transcript: Effective Date: TO: CASE MANAGER: CASE NO. & NAME City of Wh6atPLdge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Planning Commission MEETING DATE: November 15, 2018 Scott Cutler WZ-18-21 / Barta ACTION REQUESTED: Approval of a zone change from Commercial -One (C-1) to Mixed Use - Neighborhood (MU -N). LOCATION OF REQUEST: 6985 W. 381 Avenue APPLICANT (S): OWNER (S): APPROXIMATE AREA: PRESENT ZONING: Joshua Andert & Weston Gouger Barta House LLLP 6,900 square feet (0.158 acres) Commercial -One (C-1) COMPREHENSIVE PLAN: Main Street Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map X1,4.f T �, (X) COMPREHENSIVE PLAN (X) DIGITAL PRESENTATION Site /0 Planning Commission 1 Case No. WZ-18-21 /Barta ATTACHMENT 2 JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owners of the property at 6985 W. 38a' Avenue are requesting approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N). The zone change will allow the property to match the zoning of the surrounding properties and allow the building's existing nonconforming uses to comply with the zoning. II. EXISTING CONDITIONS The subject property is located at 6985 W. 381 Avenue. The property is approximately a sixth of an acre in size and located on the north side of 38' Avenue between Reed Street and Pierce Street. It consists of two parcels, parts of Lot 1 and Lot 10 of the Holley Subdivision which was originally platted in 1937. The property contains one structure, a two-story building containing retail/office spaces on the first floor and four apartments on the second floor (Exhibit 1, Aerial). The building was built in 1950, per the Jefferson County Assessor. There is a parking area in the front of the building, and more spaces plus an alley/trash area behind it. The building is physically attached to the neighboring building on the east side, 6915 W. 38°i Avenue, which is common for older commercial buildings, particularly on W. 38th Avenue. The property is zoned Commercial -One (C-1). Most properties along 38th Avenue between Wadsworth and Sheridan are zoned Mixed Use — Neighborhood (MU -N) as a result of a legislative rezoning in 2012, but the property owner at the time opted out of the MU -N zoning (Exhibit 2, Zoning Map). The surrounding businesses include restaurants, bars, offices, and a gas station. III. PROPOSED ZONING The property is currently zoned Commercial -One (C-1). This zone district was established to provide for a wide range of commercial land uses, including office, general business, and retail sales and service establishments. Residential uses can be located in the C-1 zone district, but must be accessory to a primary use and are limited by Section 26-626 of the zoning code (Residential uses in commercial zones; conditions). Based on this code section, the current apartments exceed the allowance for residential uses in the C-1 zone district, but they have existed since the building's construction in 1950 and are therefore legally nonconforming. The applicant has proposed to rezone the property from C-1 to Mixed Use —Neighborhood (MU -N) to bring the existing building into compliance with the zoning code, allow for parking requirements to be reduced slightly in case a restaurant were to occupy one or both of the retail spaces, and better facilitate shared parking agreements in the area (Exhibit 3, Applicant Letter). The applicant has purchased the property and regardless of the zone change, they plan to fully renovate the building, exterior and interior. In addition to residential and office uses, the MU -N zone district allows for a range of neighborhood -serving commercial and retail uses. The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. The development standards are similar in terms of architectural Planning Commission 2 Case No. WZ-18-21 /Barta requirements and build-to/setbacks. In terms of permitted uses, MU -N allows commercial and residential uses whereas the C-1 zone allows only commercial uses with highly restricted residential uses as an accessory use. The C-1 is slightly more permissive in allowing more intense commercial uses, but in this case the dimensions of the property are a limiting factor. In terms of residential uses, MU -N would legitimize the existing apartments which exceed the allowances of the C-1 zone district but have existed since the building was built. NU -N does not prescribe the number of residential units that are permitted; they are limited by the charter cap and feasibility of development on the site. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The MU -N zone district would allow the property owner to bring the building into compliance with its assigned zone district and allow the zoning to match that of all of the surrounding properties on the corridor. The existing apartments, which are currently legally non -conforming, would become conforming under the NU -N zoning. The applicant plans to renovate the existing building, so no new development is proposed as part of this application. No additional apartments could be added due to density limitations. For that reason, the zone change should not have an adverse effect on the surrounding area. Based on the small size of the property, many of the more intensive permitted uses in MU -N zone district are unrealistic (such as large apartment buildings or intensive commercial uses). In addition, any MU -N building containing a residential use is limited to 35 feet in height. Commercially -zoned properties (RC, C-1, and NC) may contain buildings up to 50 feet in height. Planning Commission Case No. WZ-18-21 /Banta 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 with very limited residential accessory use — includes multi -family and live/work uses facilities Mixed -Use standards apply, including high Architectural Standards Architectural and Site Design Manual quality architecture, standards related to articulation variation and materials. Max. Building Height 50' 35' if the building has residential use 50' for all other uses Max. Lot coverage 80% 900 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 (property 0-12' along front property line is in Traditional Overlay district Setbacks Sides: 5' per story unless building is Sides: 0' masonry, then 0' Rear: 5' Rear: 10' plus 5' per additional story IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The MU -N zone district would allow the property owner to bring the building into compliance with its assigned zone district and allow the zoning to match that of all of the surrounding properties on the corridor. The existing apartments, which are currently legally non -conforming, would become conforming under the NU -N zoning. The applicant plans to renovate the existing building, so no new development is proposed as part of this application. No additional apartments could be added due to density limitations. For that reason, the zone change should not have an adverse effect on the surrounding area. Based on the small size of the property, many of the more intensive permitted uses in MU -N zone district are unrealistic (such as large apartment buildings or intensive commercial uses). In addition, any MU -N building containing a residential use is limited to 35 feet in height. Commercially -zoned properties (RC, C-1, and NC) may contain buildings up to 50 feet in height. Planning Commission Case No. WZ-18-21 /Banta The design standards for MU -N are stricter than for other commercial zones, including setbacks, landscaping buffers, and architecture. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A building permit review will be required for any modifications to the existing building, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one 1 of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. W. 38"' Avenue is a primary east -west corridor in the City, is classified as a major arterial, and is predominantly commercial in character, with residential uses sprinkled throughout. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this corridor as a Main Street Corridor (Exhibit 4, Comprehensive Plan). This designation envisions a pedestrian -friendly main street environment that emphasizes Wheat Ridge's historic and hometown character. The comprehensive plan notes the importance of small-scale mixed-use infill and redevelopment between Wadsworth Boulevard and Pierce Street, where this site is located. A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses. 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. The 38`x' Avenue Corridor Plan, adopted in 2011, identifies this portion of the corridor as the Main Street subdistrict. The vision for this subdistrict is to have "small shops, restaurants, and services at the ground floor with residences and office space on upper floors," and the zone change and very much supports this vision. 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. As noted above, the City allowed an opt -out period after the Planning Commission Case No. WZ-18-21 /Banta 2012 legislative rezoning and the prior property owner was among a handful of those who opted -out of the NU -N and retained their existing zoning—in this case C-1. 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 believes the existing C-1 zoning on the property does not accurately represent the uses of the property, nor the mixed-use nature of the 38b Avenue corridor. Based on recent projects along 3P Avenue in the MU -N zone district, both residential and commercial, Staff concludes that there are changed conditions which make this property undesirable to be limited to purely a commercial zoning designation. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on October 11, 2018. Four members of the public attended the meeting in addition to the applicant and staff. In general, the attendees were supportive of the request and the proposed investments. (Exhibit 6, Neighborhood Meeting Notes). As of the date of distribution of this staff report, November 9, 2018, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: No comments. Wheat Ridge Building Division: No comments. All review of the proposed building renovations will take place at time of building permit submittal. Planning Commission Case No. WZ-18-21 /Barta West Metro Fire Protection District: No concerns. Building permits are subject to review by West Metro. Xcel Energy: No concerns. Century Link: No concerns. Comcast Cable: No comments. Wheat Ridge Water District: No comments. Wheat Ridge Sanitation District: No comments. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along 38th Avenue. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-18-21. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-18-21, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6985 W. 38`h Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and subarea plan and consistent with the character of 38a' Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request. 6. The mixed-use zoning will bring the existing mixed-use building into compliance with the zone district in which it is located." Option B: "I move to recommend DENIAL of Case No. WZ-18-21, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6985 W. 381 Avenue, for the following reasons: 1. 2. Planning Commission Case No. WZ-18-21 /Barta EXHIBIT 1: AERIAL Note: Aerial distortions create the false impression that the building is outside of the property line. Planning Commission Case No. WZ-18-21 /Barta EXHIBIT 2: ZONING MAP Planning Commission Case No. WZ-18-21 /Barts EXHIBIT 3: APPLICANT LETTER Request and description of Proposal for Zone Change at 6985 West 38th Avenue, Wheat Ridge, CO 80033-4965 Barta House LLLP, will close on and ow property located at 6985 W.38th Ave on October 18, 2018. With the permission of the current owner, Geraldine Eva Barta, we would like to request a zone change from C-1 to MU -N (see attached contract granting permission from current owner.) The building at 6985 W.Oh has been vacant in its commercial spaces on the first floor and have fallen into disrepair. The four apartments on the second floor, while maintaining tenants have also fallen into disrepair. Accordingly, the entire building needs updates and renovations. The intention of the Barta House, LLLP is to renovate all spaces in the building in order to attract retail/ commercial tenants that will contribute to both the economic and cultural revitalization of the W. 381h corridor as well as tenants for the apartments who ideally will also engage and further develop the community. In order to facilitate the redevelopment and attract strong tenants, we would like to change the zoning of the property from C-1 to MU -N. Such a re -zone would bring the property up to date and into conformance with the major re -zone that occurred in 2011 for all adjacent properties! as well as the City of Wheat Ridge's comprehensive 38th Corridor Plan. Additionally, the MU -N would alleviate the need for additional parking, facilitate any needed parking agreements with neighboring properties, as well as allow for more realistic permitted uses that are both germane to the building and the neighborhood. Given a successful re -zoning, the change would in no way adversely affect the surrounding area and neighborhood nor significantly change the character or use of the building. Rather, it would facilitate bringing the building back to life and in line with the re -development occurring along the entire corridor, which is in the interest of both the citizenry and businesses in the neighborhood. Sincerely, J ua Andert General Partner of Barta House, LLLP. Planning Commission Case No. WZ-18-21 /Barta EXHIBIT 4: COMPREHENSIVE PLAN The following in an excerpt from the Structure Map within the Comprehensive Plan. Subject Property Main Street 4� Corridor with Neighborhood Portals Main Street Corridor (38th Avenue) Neighborhoods see Chapter 3 Criteria for ditfererent Neighborhood types Planning Commission 10 Case No. WZ-18-21 /Banta EXHIBIT 5: SITE PHOTOS Planning Commission 11 Case No. WZ-18-21 /Barta EXHIBIT 6: NEIGHBORHOOD MEETING NEIGHBORHOOD MEETING NOTES Meeting Date: October 11, 2018 Attending Staff: Scott Cutler, Planner I Location of Meeting: Wheat Ridge Municipal Building Property Address: 6985 W. 38h Avenue Property Owner(s): Barta Family (Applicant has property under contract) Applicant: Joshua Andert Applicant Present? Yes Existing Zoning: Commercial -One (C-1) Existing Comp. Plan: Main Street Corridor Existing Site Conditions: The site is located on the north side of W. 3811 Avenue between Reed Street and Quay Street. The property is approximately 6,900 square feet (0.158 acres) and contains a two-story mixed-use building from 1950, according to the Jefferson County Assessor. The building used to have a dentist office on the first floor, and four apartments on the second floor. It is currently mostly vacant. The property is zoned Commercial -One (C-1). Most properties along 381i Avenue are zoned Mixed Use — Neighborhood (MU -N) as a result of a legislative rezoning in 2012, but the property owner at the time opted out. Applicant Preliminary Proposal: The applicant has proposed to rezone the property from C-1 to MU -N to bring it further into compliance with the zoning code (the number of apartments would not be allowed under C-1 standards today). They plan to renovate the apartments and refurbish the two commercial tenant spaces on the first floor. They also plan to upgrade the site with parking restriping, landscaping where possible, and fagade upgrades. A patio may be built in the future. The following is a summary of the neighborhood meeting: In addition to the applicant and staff, 4 residents from the neighborhood attended the meeting; see attached sign-up sheets. Planning Commission 12 Case No. WZ-18-21 /Barts • Staff explained the purpose of the neighborhood meeting, and informed the members of the public of the rezoning process. • Staff discussed the site, its zoning and land use, and history of the legislative rezoning. • The applicant presented their proposal and answered further questions, with help from staff. • The members of the public were informed of their opportunity to make comments during the process and at the required public hearings. The following issues were discussed regarding the zone change request and proposed future development: • Can you rezone just one parcel? Staff explained that a rezoning of one parcel is possible. Because all of the surrounding properties are already zoned MU -N it would not be considered a spot zone. • What are the plans for the building? The plan is to keep the uses but to renovate them. There are two tenant spaces on the first floor that need work, and the existing apartments upstairs also need major repairs. • What would the parking requirements be? Parking requirements depend on the tenants and use. For example, a restaurant requires more parking than office use. Staff explained the requirement to add an ADA -accessible parking space at the front, and that a shared parking agreement with nearby properties may be necessary if a restaurant is added. • Have tenants been selected? None yet. The applicant was working on acquisitions and renovations before actively pursuing a tenant. They want an ice cream shop and have also talked to a nearby business owner to attempt to recruit other complementary small businesses. • What will the arrangement of the apartment units upstairs be? The units need to be renovated but will remain. The smallest unit is approximately 600 square feet and the largest is approximately 875 square feet. The applicant noted there were issues with bad tenants in the past. Units cannot be added because of density restrictions. • What improvements will be made to the parking lot? The parking lot must be re -striped to accommodate the ADA space, and the applicant believes they can re -stripe the rear parking lot to accommodate 6 spaces, up from the 4 that are currently there. They also plan to make some landscaping upgrades, perhaps through the use of planters or fencing. • How will we know the status of the project? Staff explained the noticing process for the required public hearings and that there would be a signposted on the property. Members of the public can contact stafffor updates on projects and permits. • Since asbestos abatement is required, will the area be safe? Yes, a state permit is required for asbestos abatement/removal. All dumpsters and windows will be covered and only authorized people are permitted on the site during the abatement. • Staff explained the process specific to the zone change. Site design is not a component of the zone change process and will be handled through a building permit and/or site plan review. Planning Commission 13 Case No. W7-18-21 /Barta 1. 2. 3. 4. 5. .441 11 City of -PWheatRidge PLANNING COMMISSION Minutes of Meeting November 15, 2018 CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29b Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Alan Bucknam Emery Dorsey Daniel Larson Janet Leo Scott Ohm Richard Peterson Amanda Weaver Vivian Vos None Lauren Mikulak, Planning Manager Meredith Reckert, Senior Planner Jordan Jeffries, Civil Engineer II Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner OHM and seconded by Commissioner WEAVER to approve the order of the agenda. Motion carried 8-0. APPROVAL OF MINUTES — October 18, 2018 It was moved by Commissioner OHM and seconded by Commissioner DORSEY to approve the minutes of October 18, 2018, as written. Motion carried 7-0-1 with Commissioner WEAVER abstaining. Planning Commission Minutes November 15, 2018 ATTACHMENT 3 B. Case No. WZ-18-21: An application filed by Joshua Andert for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6985 West 38th Avenue. Ms. Mikulak gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner OHM asked if Quality Auto is moving into the property to the west of the subject site. Ms. Mikulak said she is not sure of the plans for the future, Quality Auto is currently occupying property on the north and south sides of 38a' Avenue. Commissioner LARSON asked why the previous owner opted out of the MU -N zone change in the past. Ms. Mikulak said the owners that opted out of the zone change had to submit their opt -out request in writing but they were not required to give an explanation why. There could have been a variety of reasons. Commissioner VOS asked about the current height of the building. Ms. Mikulak said it is currently two stories and the building pre -dates the City's incorporation and so there are no blue prints on file to confirm its exact height. Commissioner VOS inquired about how many residential units can be in the MU -N zone district. Ms. Mikulak explained the City's density cap in MU -N is 21 units per acre. She explained that what currently exists can remain no matter what the zoning is and currently there are 4 units. Weston Gallagher, applicant 3465 Newland Street, Wheat Ridge Commissioner Leo asked Mr. Gallagher what the plans are for the 1" floor of the building. Mr. Gallagher said they are under negotiations to have it be office space. Commissioner VOS asked if the back of the property is strictly parking. Planning Commission Minutes -6— November 6— November 15, 2018 Mr. Gallagher said it is parking and it will continue to be parking. He added the height of the building is 22 feet in the front and 19 feet in the back. Commissioner Larson asked if the 4 residential units will stay the same. Mr. Gallagher said they will stay and once renovation are complete they will be rented out. Commissioner Peterson and OHM said they are excited to see the building under renovation. Commissioner LEO asked what the fagade will be. Mr. Gallagher said there will not be too much change but some touch up and rooftop access. It was moved by Commissioner OHM and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WZ-18-21, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use - Neighborhood for property located at 6985 W. 381 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 subarea plan and consistent with the character of 381 Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request. 6. The mixed-use zoning will bring the existing mixed-use building into compliance with the zone district in which it is located. Motion carried 8-0. BUSINESS Ms. Mikulak�th a issioners for attending the joint study seNRS. She alreminded all that t a ublic o on ednesday, December 12 at the Wheat Ridge Rec Ce d 8:00 p.m. to provide input. The project website pt up to date and will inclu a newsle The link is ' 2e.co.us/nrs Planning Commission Minutes -7— November 7— November 15, 2018 i 1 N z 06 a O D Y c a) C 0 N > �o u o Q L u N -E /_C - o C pp c 0-0 'o co Z O Z `^E v O` V u � CL w a x U i 1 i c Y 0 _0 tko C Y N x W 0) ¥ 0 r'4 Lr) ¥ � 0 e @ 2 0 { / — § { / k r R ƒ 0 o v 0 7 \ 2 k k 2 / 0 3 > 2 0 u \ t % U { < < E tg o c / O V)O g ƒ 2 &' 7 -Z/ 2 °7\ \0 � cc / bf $ u (k 2 \ § $ $ £ o 0 w ® $ \ \ U 2 § § ( § k / 4-JLn J rc t 2 0 E § §k 2/ a 2 u c[£ L § ƒ \ k } k ttc� ) Z 2 § Ln e @ § \ r R ƒ § o v 7 2 k k 2 j 0 E \ k { 7 / < V)O E Q °7\ cc $ u (k \ O/ Q U k / 4-JLn E E t u §k C:m § 13 \ w § m Ln Ln e 41 City of Wh6a-tPsj e g POSTING CERTIFICATION CASE NO. WZ-18-21 CITY COUNCIL HEARING DATE: January 14, 2019 (name) residing at 3 `( (05 n1 C�o (address) as the applicant for Case No. WZ-18-21 hereby certify that I have posted the Notice of Public Hearing at on this 31 st day of 6985 W. 38"' Avenue (location) December and do posted and remained in place for fifteen (15) days prior day of public hearing of this case. The sign was Signature: by certify that said sign has been includin the scheduled position own on the map below. NOTE: This form must be submitted at the public hearing on this case ab� will be placed in the applicant's case file at the Community Development Department. MAP `►J Cit 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 mtist he legible and poctPd for fifteen (1.5) continuous days prior to and including the day of the hearing; sign must be in place until 5pm on January 14, 2019. 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. Cit of W h_'Oreav t -Midge ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION 00 TITLE: COUNCIL BILL NO. 32-2018 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6985 W. 38TH AVENUE FROM COMMERCIAL -ONE (C-1) TO MIXED USE - NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-21/BARTA) ❑ PUBLIC HEARING ® ORDINANCES FOR 1sT READING (11/26/2018) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (01/14/2019) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO I� 1�Luuumt Community De elopment 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 6985 W. 38`x' Avenue. The proposed rezoning area includes one parcel, the total size of which is approximately one-sixth of an acre. PRIOR ACTION: Planning Commission heard the request at a public hearing on November 15, 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 $845 were collected for the review and processing of Case No. WZ-18-21. BACKGROUND: The subject property is located at 6985 W. 38h Avenue. The property is approximately a sixth of an acre in size (6,900 square feet) and is located on the north side of W. 38`t' Avenue between Council Action Form — Rezoning Property at 6985 W. 38th Avenue from C-1 to MU -N November 26, 2018 Page 2 Reed Street and Pierce Street. Currently the property contains one structure, a two-story building containing retail/office spaces on the first floor and four apartments on the second floor. The structure was built in 1950, per the Jefferson County Assessor. There is a parking area in the front of the building, and behind are more parking spaces in addition to an alley/trash collection area. The building is physically attached to the neighboring building on the east side, 6915 W. 38th Avenue, which is common for older commercial buildings, particularly on W. 38`h Avenue. The number of existing residential units exceeds what is currently allowed in C-1, but they are considered legally nonconforming because they appear to have existed since the structure's original construction. Surrounding Land Uses The property is currently zoned Commercial -One (C-1). Most properties along W. 38th Avenue between Wadsworth Boulevard and Sheridan Boulevard are zoned Mixed Use — Neighborhood (MU -N) as a result of a legislative rezoning in 2012, but the property owner at the time opted out of the MU -N zoning. The surrounding businesses include restaurants, bars, offices, and a gas station. Current and Proposed Zoning The property is currently zoned Commercial -One (C-1), which provides for a wide range of commercial land uses including office, general business, and retail sales and service establishments. Residential uses can be located in C-1 but must be accessory to a primary use. 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. The zone change will allow the property to match the zoning of the surrounding properties and will allow the buildings existing nonconforming uses to comply with the zoning. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission packet and minutes will be included in the City Council packet for the public hearing. Council Action Form — Rezoning Property at 6985 W. 38' Avenue frorn C- I to MU -N November 26, 2018 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 32-2018 an ordinance approving the rezoning of property located at 6985 W. 38h Avenue from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) on first reading for the sole purpose of ordering it published for a public hearing set for Monday, January 14, 2019 at 7 p.m. in City Council Chambers, and, if adopted, that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 32-2018 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 32 ORDINANCE NO. Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6985 W. 381h AVENUE FROM COMMERCIAL -ONE (C-1) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-21 / BARTA HOUSE) 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, Barta House LLLP has submitted a land use application for approval of a zone change to the Mixed Use -Neighborhood zone district for property located at 6985 W. 38th Avenue -land, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for a mix of land uses and high quality urban form on W. 38th Avenue; and, WHEREAS, the zoning will bring the property into conformance with the surrounding zoning on the corridor; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 15, 2018 and voted to recommend approval of rezoning the property to Mixed Use -Neighborhood (MU -N), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Barta House LLLP for approval of a zone change ordinance from Commercial -One (C-1) to Mixed Use -Neighborhood (MU - N) for property located at 6985 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL A: THE EAST 34 FEET OF LOT 1 AND THE WEST 12 FEET OF THE W'/z OF LOT 10, BLOCK NO. 1 OF HOLLEY SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. ATTACHMENT 1 PARCEL B: TOGETHER WITH AND EASEMENT ACROSS THE NORTH 15 FEET OF THE WEST 100 FEET OF SAID LOT 1 AS GRANTED BY INSTRUMENT RECORDED APRIL 17, 1950 IN BOOK 669 AT PAGE 216, 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 26th day of November, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, January 14, 2019 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 , 2019. SIGNED by the Mayor on this day of , 2019. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney 1St publication: 2nd publication: Wheat Ridge Transcript: Effective Date: TO: CASE MANAGER: City of Wheat �dge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Planning Commission MEETING DATE: November 15, 2018 Scott Cutler L1001-04FAIIr 4 ACTION REQUESTED: Approval of a zone change from Commercial -One (C-1) to Mixed Use - Neighborhood (MU -N). LOCATION OF REQUEST: 6985 W. 38" Avenue APPLICANT (S): Joshua Andert & Weston Gouger OWNER (S): Barta House LLLP APPROXIMATE AREA: 6,900 square feet (0.158 acres) PRESENT ZONING: Commercial -One (C-1) COMPREHENSIVE PLAN: Main Street Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) (X) ZONING ORDINANCE (X) Location Map COMPREHENSIVE PLAN DIGITAL PRESENTATION Planning Commission 1 Case No. WZ-18-21 /Barta Site JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. L REQUEST The owners of the property at 6985 W. 38th Avenue are requesting approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N). The zone change will allow the property to match the zoning of the surrounding properties and allow the building's existing nonconforming uses to comply with the zoning. II. EXISTING CONDITIONS The subject property is located at 6985 W. 381h Avenue. The property is approximately a sixth of an acre in size and located on the north side of 38th Avenue between Reed Street and Pierce Street. It consists of two parcels, parts of Lot 1 and Lot 10 of the Holley Subdivision which was originally platted in 1937. The property contains one structure, a two-story building containing retail/office spaces on the first floor and four apartments on the second floor (Exhibit 1, Aerial). The building was built in 1950, per the Jefferson County Assessor. There is a parking area in the front of the building, and more spaces plus an alley/trash area behind it. The building is physically attached to the neighboring building on the east side, 6915 W. 38th Avenue, which is common for older commercial buildings, particularly on W. 38th Avenue. The property is zoned Commercial -One (C-1). Most properties along 38th Avenue between Wadsworth and Sheridan are zoned Mixed Use — Neighborhood (MU -N) as a result of a legislative rezoning in 2012, but the property owner at the time opted out of the MU -N zoning (Exhibit 2, Zoning Map). The surrounding businesses include restaurants, bars, offices, and a gas station. III. PROPOSED ZONING The property is currently zoned Commercial -One (C-1). This zone district was established to provide for a wide range of commercial land uses, including office, general business, and retail sales and service establishments. Residential uses can be located in the C-1 zone district, but must be accessory to a primary use and are limited by Section 26-626 of the zoning code (Residential uses in commercial zones; conditions). Based on this code section, the current apartments exceed the allowance for residential uses in the C-1 zone district, but they have existed since the building's construction in 1950 and are therefore legally nonconforming. The applicant has proposed to rezone the property from C-1 to Mixed Use — Neighborhood (MU -N) to bring the existing building into compliance with the zoning code, allow for parking requirements to be reduced slightly in case a restaurant were to occupy one or both of the retail spaces, and better facilitate shared parking agreements in the area (Exhibit 3, Applicant Letter). The applicant has purchased the property and regardless of the zone change, they plan to fully renovate the building, exterior and interior. In addition to residential and office uses, the MU -N zone district allows for a range of neighborhood -serving commercial and retail uses. The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. The development standards are similar in terms of architectural Planning Commission 2 Case No. WZ-18-21 /Barta requirements and build-to/setbacks. In terms of permitted uses, MU -N allows commercial and residential uses whereas the C-1 zone allows only commercial uses with highly restricted residential uses as an accessory use. The C-1 is slightly more permissive in allowing more intense commercial uses, but in this case the dimensions of the property are a limiting factor. In terms of residential uses, MU -N would legitimize the existing apartments which exceed the allowances of the C-1 zone district but have existed since the building was built. MU -N does not prescribe the number of residential units that are permitted; they are limited by the charter cap and feasibility of development on the site. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The MU -N zone district would allow the property owner to bring the building into compliance with its assigned zone district and allow the zoning to match that of all of the surrounding properties on the corridor. The existing apartments, which are currently legally non -conforming, would become conforming under the MU -N zoning. The applicant plans to renovate the existing building, so no new development is proposed as part of this application. No additional apartments could be added due to density limitations. For that reason, the zone change should not have an adverse effect on the surrounding area. Based on the small size of the property, many of the more intensive permitted uses in MU -N zone district are unrealistic (such as large apartment buildings or intensive commercial uses). In addition, any MU -N building containing a residential use is limited to 35 feet in height. Commercially -zoned properties (RC, C-1, and NC) may contain buildings up to 50 feet in height. Planning Commission Case No. WZ-18-21 /Barta 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 with very limited residential accessory use — includes multi -family and live/work uses facilities Mixed -Use standards apply, including high Architectural Standards Architectural and Site Design Manual quality architecture, standards related to articulation, variation and materials. Max. Building Height 50' 35' if the building has residential use 50' for all other uses Max. Lot 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 (property 0-12' along front property line is in Traditional Overlay district) Setbacks Sides: 5' per story unless building is Sides: masonry, then 0' Rear: 5 ' Rear: 10' plus 5' per additional sto IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The MU -N zone district would allow the property owner to bring the building into compliance with its assigned zone district and allow the zoning to match that of all of the surrounding properties on the corridor. The existing apartments, which are currently legally non -conforming, would become conforming under the MU -N zoning. The applicant plans to renovate the existing building, so no new development is proposed as part of this application. No additional apartments could be added due to density limitations. For that reason, the zone change should not have an adverse effect on the surrounding area. Based on the small size of the property, many of the more intensive permitted uses in MU -N zone district are unrealistic (such as large apartment buildings or intensive commercial uses). In addition, any MU -N building containing a residential use is limited to 35 feet in height. Commercially -zoned properties (RC, C-1, and NC) may contain buildings up to 50 feet in height. Planning Commission Case No. WZ-18-21 /Barta The design standards for MU -N are stricter than for other commercial zones, including setbacks, landscaping buffers, and architecture. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A building permit review will be required for any modifications to the existing building, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one(1),of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. W. 38th Avenue is a primary east -west corridor in the City, is classified as a major arterial, and is predominantly commercial in character, with residential uses sprinkled throughout. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this corridor as a Main Street Corridor (Exhibit 4, Comprehensive Plan). This designation envisions a pedestrian -friendly main street environment that emphasizes Wheat Ridge's historic and hometown character. The comprehensive plan notes the importance of small-scale mixed-use infill and redevelopment between Wadsworth Boulevard and Pierce Street, where this site is located. A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses. 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. The 38th Avenue Corridor Plan, adopted in 2011, identifies this portion of the corridor as the Main Street subdistrict. The vision for this subdistrict is to have "small shops, restaurants, and services at the ground floor with residences and office space on upper floors," and the zone change and very much supports this vision. 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. As noted above, the City allowed an opt -out period after the Planning Commission 4 Case No. WZ-18-21 /Barta 2012 legislative rezoning and the prior property owner was among a handful of those who opted -out of the MU -N and retained their existing zoning—in this case C -l. 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 believes the existing C-1 zoning on the property does not accurately represent the uses of the property, nor the mixed-use nature of the 38th Avenue corridor. Based on recent projects along 38th Avenue in the MU -N zone district, both residential and commercial, Staff concludes that there are changed conditions which make this property undesirable to be limited to purely a commercial zoning designation. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on October 11, 2018. Four members of the public attended the meeting in addition to the applicant and staff. In general, the attendees were supportive of the request and the proposed investments. (Exhibit 6, Neighborhood Meeting Notes). As of the date of distribution of this staff report, November 9, 2018, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: No comments. Wheat Ridge Building Division: No comments. All review of the proposed building renovations will take place at time of building permit submittal. Planning Commission Case No. WZ-18-21 /Banta West Metro Fire Protection District: No concerns. Building permits are subject to review by West Metro. Xcel Energy: No concerns. Century Link: No concerns. Comcast Cable: No comments. Wheat Ridge Water District: No comments. Wheat Ridge Sanitation District: No comments. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along 38th Avenue. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-18-21. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ-18-21, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6985 W. 38" 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 subarea plan and consistent with the character of 38' Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request. 6. The mixed-use zoning will bring the existing mixed-use building into compliance with the zone district in which it is located." Option B• "I move to recommend DENIAL of Case No. WZ-18-21, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6985 W. 38th Avenue, for the following reasons: 1. 2. » Planning Commission Case No. WZ-18-21 / Barta EXHIBIT 1: AERIAL Note: Aerial distortions create the false impression that the building is outside of the property line. Planning Commission Case No. WZ-18-21 /Banta EXHIBIT 2: ZONING MAP Planning Commission Case No. WZ-18-21 /Barta EXHIBIT 3: APPLICANT LETTER Request and Description of Proposal for Zone Change at 6985 West 38th Avenue, Wheat Ridge, CO 80033-4965 Barta House LLLP, will close on and ow property located at 6985 W.38th Ave on October 18, 2018. With the permission of the current owner, Geraldine Eva Barta, we would like to request a zone change from C-1 to MU -N (see attached contract granting permission from current; owner.) The building at 6985 W.381h has been vacant in its commercial spaces on the first floor and have fallen into disrepair. The four apartments on the second floor, while maintaining tenants have also fallen into disrepair. Accordingly, the entire building needs updates and renovations. The intention of the Barta House, LLLP is to renovate all spaces in the building in order to attract retail/ commercial tenants that will contribute to both the economic and cultural revitalization of the W. 381h corridor as well as tenants for the apartments who ideally will also engage and further develop the community. In order to facilitate the redevelopment and attract strong tenants, we would like to change the zoning of the property from C-1 to MU -N. Such a re -zone would bring the property up to date and into conformance with the major re -zone that occurred in 2011 for all adjacent properties as well as the City of Wheat Ridge's comprehensive 38th Corridor Plan. Additionally, the MU -N would alleviate the need for additional parking, facilitate any needed parking agreements with neighboring properties, as well as allow for more realistic permitted uses that are both germane to the building and the neighborhood. Given a successful re -zoning, the change would in no way adversely affect the surrounding area and neighborhood nor significantly change the character or use of the building. Rather, it would facilitate bringing the building back to life and in line with the re -development occurring along the entire corridor, which is in the interest of both the citizenry and businesses in the neighborhood. Sincerely, Jaua Andert General Partner of Barta House, LLLP. Planning Commission Case No. WZ-18-21 /Barta EXHIBIT 4: COMPREHENSIVE PLAN The following in an excerpt from the Structure Map within the Comprehensive Plan. Subject Property Main Street Corridor with Neighborhood Portals Main Street Corridor (Vh Avenue) 0 R. D ND AVE Neighborhoods see Chapter 3 Criteria /or dllrererent Neighborhood types Planning Commission 10 Case No. WZ-18-21 /Barta EXHIBIT 5: SITE PHOTOS View of the subject property looking north across W. 38' Avenue. The yellow Public Notice sign can be seen in the window. The neighboring buildings can be seen to the left and right, which are on separate properties zoned MU -N. Planning Commission 11 Case No. WZ-18-21 /Barta EXHIBIT 6: NEIGHBORHOOD MEETING NEIGHBORHOOD MEETING NOTES Meeting Date: October 11, 2018 Attending Staff: Scott Cutler, Planner I Location of Meeting: Wheat Ridge Municipal Building Property Address: 6985 W. 38"' Avenue Property Owner(s): Barta Family (Applicant has property under contract) Applicant: Joshua Andert Applicant Present? Yes Existing Zoning: Commercial -One (C-1) Existing Comp. Plan: Main Street Corridor Existing Site Conditions: The site is located on the north side of W. 38th Avenue between Reed Street and Quay Street. The property is approximately 6,900 square feet (0.158 acres) and contains a two-story mixed-use building from 1950, according to the Jefferson County Assessor. The building used to have a dentist office on the first floor, and four apartments on the second floor. It is currently mostly vacant. The property is zoned Commercial -One (C-1). Most properties along 38th Avenue are zoned Mixed Use — Neighborhood (MU -N) as a result of a legislative rezoning in 2012, but the property owner at the time opted out. Applicant Preliminary Proposal: The applicant has proposed to rezone the property from C-1 to MU -N to bring it further into compliance with the zoning code (the number of apartments would not be allowed under C-1 standards today). They plan to renovate the apartments and refurbish the two commercial tenant spaces on the first floor. They also plan to upgrade the site with parking restriping, landscaping where possible, and fagade upgrades. A patio may be built in the future. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 4 residents from the neighborhood attended the meeting; see attached sign-up sheets. Planning Commission 12 Case No. WZ-18-21 /Barta • Staff explained the purpose of the neighborhood meeting, and informed the members of the public of the rezoning process. • Staff discussed the site, its zoning and land use, and history of the legislative rezoning. • The applicant presented their proposal and answered further questions, with help from staff. • The members of the public were informed of their opportunity to make comments during the process and at the required public hearings. The following issues were discussed regarding the zone change request and proposed future development: • Can you rezone just one parcel? Staff explained that a rezoning of one parcel is possible. Because all of the surrounding properties are already zoned MU -N it would not be considered a spot zone. • What are the plans for the building? The plan is to keep the uses but to renovate them. There are two tenant spaces on the first floor that need work, and the existing apartments upstairs also need major repairs. • What would the parking requirements be? Parking requirements depend on the tenants and use. For example, a restaurant requires more parking than office use. Staff explained the requirement to add an ADA -accessible parking space at the front, and that a shared parking agreement with nearby properties may be necessary if a restaurant is added. • Have tenants been selected? None yet. The applicant was working on acquisitions and renovations before actively pursuing a tenant. They want an ice cream shop and have also talked to a nearby business owner to attempt to recruit other complementary small businesses. • What will the arrangement of the apartment units upstairs be? The units need to be renovated but will remain. The smallest unit is approximately 600 square feet and the largest is approximately 875 square feet. The applicant noted there were issues with bad tenants in the past. Units cannot be added because of density restrictions. • What improvements will be made to the parking lot? The parking lot must be re -striped to accommodate the ADA space, and the applicant believes they can re -stripe the rear parking lot to accommodate 6 spaces, up from the 4 that are currently there. They also plan to make some landscaping upgrades, perhaps through the use of planters or fencing. • How will we know the status of the project? Staff explained the noticing process for the required public hearings and that there would be a sign posted on the property. Members of the public can contact staff for updates on projects and permits. • Since asbestos abatement is required, will the area be safe? Yes, a state permit is required for asbestos abatement/removal. All dumpsters and windows will be covered and only authorized people are permitted on the site during the abatement. • Staff explained the process specific to the zone change. Site design is not a component of the zone change process and will be handled through a building permit and/or site plan review. Planning Commission 13 Case No. WZ--18-21 /Barta City of �` W heat jdge MUNITy DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE (As required pursuant to Code Section 26-109.1)) November 1, 2018 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-18-21 an application filed by Joshua Andert for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6985 West 381h 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: PlanninE Commission November 15, 2018 0i) 7:00 p.m., City Council January 14, 2019 A 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. If you need inclusion assistance, please call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of the meeting. www.ci.w heatridge.co.0 s Vicinity Map Site Outlined in red 1 W"Imi WZ 1821.doc Iw-mr T. Ii —A 7043 WEST 38TH LLC GATEWAY MANAGEMENT 7K LLC 01722 LAFAYETTE ST 05387 NEWCOMBE ST DENVER CO 80218 ARVADA CO 80002 ANDMAR LLC ANDRIST RYAN OLSTAD REBECCA 0117R E 130 DR 03867 QUAY ST THORNTON CO 80241 WHEAT RIDGE CO 80033 BARTA GERALDINE EVA BUNGER BRADNEY P AKA BRADNEY BUNGER 00054 HILLSIDE DR 06900 W 38TH AVE WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80033 DURMAN SHERRI L AARON VERA S DURMAN DP ASSETS LLC DIANA M 02345 7TH ST 10175 W GLENNON DR DENVER CO 80211 LAKEWOOD CO 80226 ENGLE JUDY A 03840 REED ST WHEAT RIDGE CO 80033 GLADYS LEONARDI TRUST 03860 REED ST WHEAT RIDGE CO 80033 HENDRICKSON HENRY HENDRICKSON MARY 03845 QUAY ST WHEAT RIDGE CO 80033 JOSHNIK CO LLLP 03184 ELDER ST BOISE ID 83705 MOLLY MARIE PROPERTIES LLC PO BOX 1503 WHEAT RIDGE CO 80034 FUNDERBURG FAMILY REVOCABLE TRUST 06295 S HUMBOLDT PL CENTENNIAL CO 80121 GRIFFIN MICHAEL LLOYD THOMAS & SANDRA GRIFFIN LIVING TRUST GRIFFIN TRUST 10206 WESTSIDE CT LITTLETON CO 80125 JOHNSON KEVIN EARLJOHNSON CYNTHIA LEE 07010 W 39TH AVE WHEAT RIDGE CO 80033 KRE OF WHEAT RIDGE LLC 04891 INDEPENDENCE ST 120 WHEAT RIDGE CO 80033 RAMIREZ TRAVIS A 04790 LINCOLN ST DENVER CO 80216 ANDERSON ROGER LAWRENCE ANDERSON SUZANNE G 03840 QUAY ST WHEAT RIDGE CO 80033 ARTESE 10ESPH ARTESE LUCIA TREASURER 00100 JEFFERSON COUNTY PKWY GOLDEN CO 80419 DE LA ROSA PHILIP 03830 QUAY ST WHEAT RIDGE CO 80033 EJE PROPERTIES LLC 15459 W 50TH DR GOLDEN CO 80403 GIBSON REBECCA S 03838 REED ST WHEAT RIDGE CO 80033 GRUBER ERIC A A MOSELEY HALLEY M 03850 QUAY ST WHEAT RIDGE CO 80033 JOSEPH STOLL HOLDINGS LLC 07015 W 38TH AVE WHEAT RIDGE CO 80033 MEDINA CARL L 03835 QUAY ST WHEAT RIDGE CO 80033 ROCK MATTHEW PHILLIP 03820 QUAY ST WHEAT RIDGE CO 80033 ROSSEISEN TIMOTHY M ROSSEISEN LAURA A SL INC STAHNKE DAVID A STAHNKE CAROLYN R 03850 REED ST 06995 W 38TH AVE 00100 JEFFERSON COUNTY PKWY WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 GOLDEN CO 80419 TILLMAN ROBERT W W 38TH AVE COMPLEX LLC WHEATRIDGE OFFICE LLC 03855 QUAY ST 12481 W 84TH CIR 01990 DEPEW ST WHEAT RIDGE CO 80033 ARVADA CO 80005 LAKEWOOD CO 80214 a City of W heat I:Z,dg,e COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 October 29, 2018 Joshua Andert 2524 Gray Street Edgewater, CO 80215 Mr. Andert: This letter is in regards to your application for approval of a zone change from Commercial -One (C- 1) to Mixed Use -Neighborhood (MU -N) for property located at 6985 W. 38`" Avenue. Planning staff have no objections regarding this request and will be recommending approval of the zone change. C ommentc 1. The case is scheduled for a public hearing before Planning Commission on Thursday, November 15, 2018 at 7:00pm. You or a representative are required to attend the public hearing. The posting sign for the property must be placed on the property no later than Thursday, November 1, 2018. 2. After the Planning Commission meeting, the zone change process includes a first reading and public hearing in front of City Council. Based on the standard schedule for a zone change, these City Council meeting dates would be Monday, November 26, 2018 for the first reading and Monday, January 14, 2019 for the public hearing. You will only need to attend the public hearing on January 14. 3. The property will need to be re -addressed with suite/unit numbers before permits can be issued. You can apply in-person at the Community Development Department. The application was also sent on referral to other City departments and outside agencies. Attached are the comments that were received. Wheat Ridge Building Division: No comments. All review will take place at time of building permit. Wheat Ridge Public Works: No comments. West Metro Protection District: No concerns. Building permits are subject to review by West Metro. Wheat Ridge Water District: No comments. Wheat Ridge Sanitation District: No comments. Xcel Energy: No concerns. See attached comments from Donna George, dated October 25, 2018. Comcast Cable: No comments. Century Link: No concerns. www.ci.wheatridge.co. us For questions or clarification on any comments, please feel free to directly contact me. Sincerely, Scott Cutler Planner I cc: WZ-18-21 case file Weston Gouger Sara Finkelstein Case No. WZ-18-06 /Bielich CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING PLANNING COMMISSION NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. WZ-18-21 an application filed by Joshua Andert for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6985 West 38th Avenue will be held in the Council Chambers of the Municipal Building at 7500 W. 291h Avenue, Wheat Ridge, Colorado, on November 15 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. LEGAL DESCRIPTION: PARCEL A: THE EAST 34 FEET OF LOT 1 AND THE WEST 12 FEET OF THE W 1/2 OF LOT 10, BLOCK NO. 1 OF HOLLEY SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: TOGETHER WITH AND EASEMENT ACROSS THE NORTH 15 FEET OF THE WEST 100 FEET OF SAID LOT 1 AS GRANTED BY INSTRUMENT RECORDED APRIL 17, 1950 IN BOOK 669 AT PAGE 216, COUNTY OF JEFFERSON, STATE OF COLORADO. CenturyLink Your link to what's next" Scott Cutler Community Development 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 P: 303-235-2849 F:303-235-2849 scutier@ci.wheatridge.co.us CenturyLink 6700 Via Austi Parkway Las Vegas, Nevada 89119 (702)244-7055 No Reservations SUBJECT: Case No. WZ-18-21 / Barta, Zone change from Commercial -One (C-1) to Mixed Use — Neighborhood (MU -N). Qwest Corporation d/b/a/ CenturyLink has reviewed the request for the subject zone change and has determined to approve the request. We have no permanent facilities at his location. If CenturyLink facilities are found to disrupt development, the Applicant will relocate the facilities at Applicant's expense and within guidelines set by CenturyLink and all regulating entities. All relocations will be done under the supervision of a CenturyLink Inspector. Sincerely yours, FjOK- Karen Caime ROW Agent 602.630.1428 Phone 602.246.1326 Fax Karen. Caime(a�centurylink.com P809233 XceiEnergysm PUBLIC SERVICE COMPANY October 25, 2018 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Scott Cutler Re: Barta Rezone, Case # WZ-18-21 Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.l.george@xcelenergy.com Public Service Company of Colorado has reviewed the request for the Barta Rezone. Please be advised that Public Service Company has existing electric facilities within the areas indicated in this proposed rezone. Public Service Company has no objection to this proposed rezone, contingent upon PSCo's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities. The property owner/developer/contractor must complete the application process for any new natural gas or electric service, or modification to existing facilities via FastApp- Fax-Email-USPS (go to: https://www.xcelenergy.com/start, stop, transfer/new construction service activation for builders). It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. If there are any questions about this referral response, please contact me at 303-571- 3306 or donna.l.george@xcelenergy.com. Donna George Right of Way and Permits Public Service Company of Colorado 433 S. Allison Parkway Lakewood, CO 80226 Bus: (303) 989-4307 Fax: (303) 989-6725 www.westmetrofire.org West Metro Fire Protection District October 18, 2018 Scott Cutler Planner I 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2852 Fax: 303-235-2849 scutler@ci.wheatridge.co.us Re: Case No. WZ-18-21 (6985 West 38"' Avenue — Rezone) Dear Mr. Cutler, This property is within the West Metro Fire Protection District (WMFPD). Fire service will be provided as long as provisions of the International Fire Code, 2012 edition, including amendments, are met in development. WMFPD has no comments or concerns for the proposed rezoning. Future development must comply with the City's adopted fire code and be approved by the WMFPD. Permits are required from the fire district all work on tenant improvements, 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. 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: bkralgwestmetrofire.org. Respectfully, Q Bruce Kral Fire Marshal "Whatever It Takes"... To Serve 4, a City of W heat I�dge PUBLIC WORKS Memorandum TO: Scott Cutler, Planner I FROM: Dave Brossman, Development Review Engineer DATE: October 15, 2018 SUBJECT: WZ-18-21 / Barta House — 6985 W. 38th Avenue. I have completed my review for a zone change request for the property located at 6985 W. 38`" Avenue (Case No. WZ-18-21) received on October 11, 2018, and I have the following comments: 1. It does not appear that the current zone change proposal entails any site changes which could trigger traffic or drainage requirements. Public Works has no comments regarding this rezone proposal. To Scott - Barta House Zone Change —6985 W38thAve I st Review.docx -, `- City of iW heat I idg - COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Ph: 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date Mailed: October 11, 2018 Response Due: October 25, 2018 The Wheat Ridge Community Development Department has received a request for approval of a zone change at 6985 W. 3811 Avenue. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-18-21 / Barta Request: The applicant is requesting approval of a zone change from Commercial -One (C-1) to Mixed Use — Neighborhood (MU -N). The site is located on the north side of W. 3811 Avenue between Reed and Quay Street. The property is approximately 6,900 square feet (0.158 acres) and contains a two-story mixed- use building from 1950. The building used to have a dentist office on the first floor and four apartments on the second floor, although it is currently mostly vacant. The applicant has proposed to renovate the building, which requires building permits, but the renovations are not part of this rezoning application. Rezoning the property to MU -N would bring the property further into compliance with the zoning code and allow its zoning to match the surrounding properties, which are all zoned MU -N. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager: Case Manager: Scott Cutler Phone: 303.235.2849 Email: scutler@ci.wheatridge.co.us Fax: 303.235.2849 DISTRIBUTION: Wheat Ridge Water District Wheat Ridge Sanitation District West Metro Fire District Xcel Energy Comcast Cable Century Link Wheat Ridge Public Works Wheat Ridge Building Division Ar i �V•y T� W. -38th -Ave LA Y, 4 - 1w } I III Brokers Guild Cherry Creek Ltd Michelle Malone Ph: 303-988-0123 1 Fhe printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate ommission. (AE41-6-15) (Mandatory 1-16) 2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 3 4 AGREEMENT TO AMEND/EXTEND CONTRACT 5 6 Date: 9/17/2018 7 1. This agreement amends the contract dated 6111/2018 (Contract), between Geraline E. Barta (Seller), 8 and Weston Gouger and Joshua Andert (Buyer), relating to the sale and purchase of the following legally described real estate in the County of 9 Jefferson, Colorado: SECTION 23 TOWNSHIP 03 RANGE 69 QTR SE SUBDIVISIONCD 358800 SUBDIVISIONNAME HOLLEY 10 BLOCK LOT 0001 SIZE: 5100 TRACT OOA VALUE:.117 SECTION 23 TOWNSHIP 03 RANGE 69 QTR SE SUBDIVISIONCD 358800 SUBDIVISIONNAME HOLLEY BLOCK LOT 0010 SIZE: 1800 TRACT OOC VAL UE:.041 11 known as No. 6985 W 38th Avenue, Wheatridge, CO 80033 (Property). 12 NOTE: If the table is omitted, or if any item is left blank or is marked in the "No Change" column, it means no 13 change to the corresponding provision of the Contract. If any item is marked in the "Deleted" column, it means that the corresponding provision of the Contract to which reference is made is deleted. 14 15 2. § 3. DATES AND DEADLINES. [Omitted as inapplicable] 16 3. Other dates or deadlines set forth in the Contract are changed as follows: 17 n/a 18 19 4. Additional amendments: 20 Seller gives permission to Buyer's to start the process of re -zoning the property. 21 All other terms and conditions of the Contract remain the same. 22 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the 23 offering party to this document receives notice of such acceptance on or before 09/18/18 9:00 P.M. . Date Time 24 a/J iPi25 Date: 9/17/2018 Seller: Geraline E. Barta By: Carolee Williams, Power of Attorney 26 27 Seller: 28 29 30 31 Wes&o& Noqaevc Buyer: Weston Gouger Date: Date: 9/17/2018 32 33 J*d" Date: 9/17/2018 34 Buyer: Joshua Andert AE41-6-15. AGREEMENT TO AMEND/EXTEND CONTRACT CTM eContracts - ©2016 CTM Software Corp. 08/07/2018 2:44 PM Commitment No: 597 -F0613036 -122 -LF, Amendment No. 1 Attached Legal Description Parcel A: The East 34 feet of Lot 1 and the West 12 feet of the W 'h of Lot 10, Block No. 1 of Holley Subdivision, County of Jefferson, State of Colorado. Parcel B: Together with and easement across the North 15 feet of the West 100 feet of said Lot 1 as granted by instrument recorded April 17, 1950 in Book 669 at Page 216, County of Jefferson, State of Colorado. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. City of W'h eatPid ge �MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29"' 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 Joshua Andert (Print name) as General Partner oFwith Barta House, LLLP. (Position/Job Title) (Entity applying for permit/approval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for 6985 West 38th Avenue, Wheat Ridge, CO 80033-4965 , set for public hearing on (Describe type of application) 20_, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. Y1Check 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 \ 1 day of 0(-+o,' , 20), Request and Description of Proposal for Zone Change at 6985 West 38th Avenue, Wheat Ridge, CO 80033-4965 Barta House LLLP, will close on and ow property located at 6985 W.38th Ave on October 18, 2018. With the permission of the current owner, Geraldine Eva Barta, we would like to request a zone change from C-1 to MU -N (see attached contract granting permission from current owner.) The building at 6985 W.38th has been vacant in its commercial spaces on the first floor and have fallen into disrepair. The four apartments on the second floor, while maintaining tenants have also fallen into disrepair. Accordingly, the entire building needs updates and renovations. The intention of the Barta House, LLLP is to renovate all spaces in the building in order to attract retail/ commercial tenants that will contribute to both the economic and cultural revitalization of the W. 38th corridor as well as tenants for the apartments who ideally will also engage and further develop the community. In order to facilitate the redevelopment and attract strong tenants, we would like to change the zoning of the property from C-1 to MU -N. Such a re -zone would bring the property up to date and into conformance with the major re -zone that occurred in 2011 for all adjacent properties as well as the City of Wheat Ridge's comprehensive 38th Corridor Plan. Additionally, the MU -N would alleviate the need for additional parking, facilitate any needed parking agreements with neighboring properties, as well as allow for more realistic permitted uses that are both germane to the building and the neighborhood. Given a successful re -zoning, the change would in no way adversely affect the surrounding area and neighborhood nor significantly change the character or use of the building. Rather, it would facilitate bringing the building back to life and in line with the re -development occurring along the entire corridor, which is in the interest of both the citizenry and businesses in the neighborhood. Sincerely, Joshua Andert General Partner of Barta House, LLLP. Rev. 5/2014 City of W heat I� c M COMUNITY DEVELOPMENT Submittal Checklist: Zone Change (straight zone district) Project Name: &r4-0 0v')5e Project Location: GJI S W ZS''- A_r_e.&,C Application Contents: A zone change application is required for approval of a rezoning to any non -planned development (straight) zone district. The following items represent a complete zone change application: 1. Completed, notarized land use application form 2. Application fee 3. Signed submittal checklist (this document) 4. Proof of ownership—e.g. deed 5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) _6. Mineral rights certification form _7. Approved legal description on the Current City Datum with proper section and PHAC ties per City Geodetic Requirements, in Microsoft Word format _8. Certified boundary and improvement survey of the property _9. Written request and description of the proposal Include a response to the zone change review criteria—these are found in Section 26-112 of the municipal code Include a justification of why the zone change is appropriate addressing these issues: • The need for the zone change. • Present and future effect on the existing zone districts, development and physical character of the area. • Access to the area, traffic patterns and impact of the requested zone on these factors. • Availability of utilities. • Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. • A discussion of the relationship between the proposal and adopted land and/or policies of the city. As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, 1 understand that in the event any revisions need to be jR&de after the second (2"d) full review, I will be subject to the applicable resubmittal fee. , Signature: Date: I O I i At� Name (ple e print): �� ��� Av�Je - Phone: I .�� �Z Community Development Department • (303) 235-2846 - www.ci.wheatridge.co.us A submitted BY A] City of planner. Incomp Wheat Ridge be accepted—ref LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant Joshua Andert Phone 715-821-8038 Email Joshua. andert9gmail.com Address, City, State, Zip 2524 Gray st., Edgewater, CO 80214 Owner Geraldine Eva Barta Phone Address, City, State, Zip 54 Hillside Dr., Wheat Ridqe, CO 80215 Email Contact Joshua Andert Phone 715-821-8038 Email Joshua.andert@gmail.com Address, City, State, Zip 2524 Gray st., Edgewater, CO 80214 (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): 6985 W. 38th Wheat Ridqe, CO 80033 Type of action requested (check one or more of the actions listed below which pertain to your request): O 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) Cl Variance/Waiver (from Section 26-) O Right of Way Vacation O Other: Detailed description of request: We would like to rezone the property at 6985 W.38th St from C-1 to MU -N so as to bring it into compliance with the other buildings along the W.38th corridor and facilitate the re -development of the property. 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 accom hed. Applicants other than owners must submit power-of-attorney from the owner which approved of this aqi6n on is behalf. I TAMARA D ODEAN Notarized Signature of Applicant_ State of Colorado } ss County of ae ��aSSnn NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164015481 COMMISSION EXPIRES APRIL 22, *6, The foregoing instrument (Land Use Processing Application) was acknowledged by me this 1t day of nC L4j-- , 20 1,5S - by nr,Ael-4- G Y..) 6O My commission expires I/ 1,�120,2D Notary Public To be filled out by staff: G 01) WI Date received Fee $ O J Case No. -11-2-1 Comp Plan Design. Receipt No. V Quarter Section Map Related Case No. Pre -App Mtg. Date I - 12.- 15 Case Manager C Assessor's Parcel No. - 0 f Current Zoning Current Use Size (acres or sgft) 04 s r Proposed Zoning _�/`'1�J1- Proposed Use Rev 1/22/ 2016 City of Wheat Ridge 14:50 dge0 CDBB 10l11l�18 ,,)NTNG APPLICATION FE'.� CDB020044 FMSD ZGNING APPLICATION FEES FMS D ZONING REIMBUk5EMENT FEE PAYMENT RCEIV .D C.4m . i, TOTAL MOUNT 620.00 22`.00 ;,MOUNT 8%,5.00 11 5.00