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HomeMy WebLinkAboutWZ-11-03City of - Wheat idge COMMUNITY DEVELOPMENT Memorandum TO: Case File for Case WZ -11 -03 FROM: Sarah Showalter, Planner II DATE: August 16, 2011 SUBJECT: Final Rezoning Map Ordinance number 1496 for case number WZ -11 -03 went into effect on August 15, 2011. The official rezoning map was revised to remove the properties at 7525 W. 44` Avenue and 7575 W. 44 ` Avenue. The final map showing all properties rezoned to MU -C is attached. U ^ W E O U d> x x Ilp o �o O N C O Lj N O (6 N 0) Q � Bl NK7 i 3460 W. 38" Ave. Denver CO 80211 August 9, 2011 VIA E -MAIL — KJOHNSTONE (ai)CI.WHEATRIDGE.CO.US Ken Johnstone Director of Community Development City of Wheat Ridge 7500 West 29 Avenue, Second Floor Wheat Ridge, Colorado 80033 Re: 7575 West 44' Avenue Dear Mr. Johnstone: Bank of the West is the owner of that certain real property described as: Part of the NW% of the NE% of Section 26, Township 3 South, Range 69 West of the 6th P.M., described as follows: BEGINNING at a point on the North boundary line of said Section 26, which point is 1974.7 feet West of the Northeast corner of said Section; thence South and parallel to the North -South center line of said Section 180 feet; thence East and parallel to the North boundary line of said Section, 110 feet; thence North and parallel to the said center line of said Section, 180 feet to the North boundary line of said Section; thence Westerly along the North boundary line of said Section, 110 feet to the POINT OF BEGINNING, EXCEPT right of way over so much of the North 30 feet thereof, as may be used for West 38th Avenue. And which real property is commonly known as 7525 West 44 Avenue, Wheat Ridge, Colorado (the 'Bank of the West Property"). Pursuant to the provisions of Council Bill 22 -2011 - Ordinance 1496, passed by the Wheat Ridge City Council on July 11, 2011, Bank of the West hereby provides you notice that Bank of the West elects to have the Bank of the West Property removed from the provisions of Council Bill 22 -2011 - Ordinance 1496 Please confirm your receipt of this letter by signing below and returning a copy to George Quittner, via e-mail, at george .quittner @bankofthewest.com. Bank of the West By Name: George Q ittner Title: Senior Vice President, Corporate Real Estate Acknowledged this day of August, 2011 City of Wheat Ridge, Colorado Director of Qommunity Development F�ACTRUST 1535 ly a o San 97224Y Suite 300 Pacific Realty Associates. L.P 503/624 -6300 • Fecrann[a. 503/624 -7755 August 8, 2011 BY EMAIL — KJOHNSTONE @CLWHEATRIDGE.CO.US Mr. Ken Johnstone Director of Community Development City of Wheat Ridge 7500 West 29" Avenue, Second Floor Wheat Ridge, CO 80033 Dear Mr. Johnstone: Re: Facility No. 1ptr5487 7525 West 44' Avenue Wheat R idge, Colorado 80033 _ NOTICE OF PROPERTY REMOVAL FROM COUNCIL BILL 22 -2011 — ORDINANCE 1496. Pacific Realty Associates, L.P. ( "PacTrust ") is the owner of that certain real property described as follows: Parcel I The South 320 feet of Blocks 5 and 6, Coulehan Grange, EXCEPT the East 148.4 feet of the South 145 feet of said Block 5; EXCEPT the East 243 feet of the North 120 feet of the South 320 feet of said Block 5; EXCEPT the East 35 feet of said Block 5; EXCEPT the West 10 feet of the South 150 feet of said Block 6; EXCEPT the West 22 feet of the North 170 feet of the South 320 feet of said Block 6; EXCEPT the South 10 feet of Blocks 5 and 6; EXCEPT the West 175 feet of the South 150 feet of said Block 6, County of Jefferson, State of Colorado Parcel If Together with the easements contained in the Agreement recorded March 30, 1972 in Book 2358 at Page 384, Records of Jefferson County County of Jefferson State of Colorado Mr. Ken Johnstone Page 2 August 8, 2011 Also numbered as Assessor's Schedule No. 066739 and which real property is commonly known as 7525 West 44' Avenue, Wheal Ridge, Colorado (the "PacTrust Property "). Pursuant to the provisions of Council Bill 22-2011 - Ordinance 1496, passed by the Wheat Ridge City Council on July 11, 2011, PacTrust hereby provides you notice that PacTmst elects to have the PacTrust Property removed from the provisions of Council Bill 22 -201 1 - Ordinance 1496. Please confirm your receipt of this letter by signing below and returning a copy to our attorney, Michael A. Smith, via e-mail, at Michael SmifliPhusebblackwell.com PACIFIC REALTY ASSOCIATES, L.P., a Delaware limited partnership By: PacTmst Realty, Inc., a Delawar core ration, its Gener Pa r By: Sc s ,Vice President Acknowledged this day of August, 2011. p n CITY OF WHE�tp t E, COLORADO of g wrcndac6catn o,=Vondeneeyohv=e ken - wheatndge doe MURRAY DA"L KUEG{- G:F mM ISTER S RENALIO LLP CONFIDENTIAL & PRIVILEGED ATTORNEY - CLIENT MEMORANDUM TO: Michael Snow, City Clerk Patrick Goff, City Manager Ken Johnstone, FROM: Gerald E. Dahl, City Attorney Carmen Beery DATE: July 22, 2011 RE: Recent City- Initiated Rezonings: Potential Claims Concerning Notice On July 18, we received an e-mail from Michael Snow concerning the notice provided by the City of the public hearings on two recent City- initiated rezonings, the most recent of which was the Wadsworth Corridor rezoning approved by the Council on July 11. He advised that the notice provided for both rezonings was not in technical compliance with City Code requirements. We researched the potential implications of such non - compliance and provide the results of our research and conclusions in this memorandum. The first. smaller City- initiated rezone This rezoning was small enough in scope that a court would likely characterize it as a quasi - judicial action. The avenue to legally challenge a quasi - judicial action is Colorado Rule of Civil Procedure Rule 106. Rule 106 requires legal claims to be filed no later than thirty (30) days from the date of the quasi - judicial action. This Rule and its 30 -day time limit apply even when the challenge is based on alleged deficient notice of the quasi - judicial action. Central City v. Russell, 892 P.2d 432 (Colo.App. 1995); City of Boulder v. Norby, 577 P.2d 277 (Colo. 1978) (superseded on other grounds by Rule 106 amendment concerning joinder of parties). As thirty days have elapsed since the date of the first City - initiated rezoning, there is no longer a risk of valid Rule 106 claims being asserted against this action. A plaintiff could file a suit under another Rule seeking some other type of relief, but the City would very likely prevail on a motion to dismiss such a suit based on the plaintiffs' failure to properly follow Rule 106. We feel there is no substantial exposure for the City on this rezoning and do not advise any corrective action at this time. The second larger City- initiated rezoning (the Wadsworth Corridor rezoning) Two classes of people have a legally cognizable interest in the rezoning of property: owners of the rezoned property and owners of adjacent properties. Our inquiry therefore focused on the potential claims of these two classes. Property owners within the rezoned area: Our analysis began with the conclusion that the Wadsworth Corridor rezone was large enough to constitute a "comprehensive rezoning" under the City Code. For comprehensive rezonings, Code Sec. 26- 113.B.1.b. requires "publication of a public hearing notice in a newspaper of general circulation at least 15 days prior to the date of the public hearing [at Planning Commission] which shall include a description of the proposed rezoning and a map which illustrates the geographic extent of the proposed rezoning." For smaller, less - comprehensive rezonings, the Code requires, "in addition to the newspaper notice required by subsection b above, be noticed by certified mail notice sent to all owners of record of real property included within the area to be rezoned at least fifteen (15) days prior to the date of public hearing." Code Sec. 26- 113.B.1.c. Code Sec. 26- 113.8.1 .c. applies only to just the smaller rezonings; those other than the "city -wide or comprehensive rezonings" governed by Code Sec. 26- 113.B.1.b: this Code provision begins "A city- initiated rezoning shall..." Therefore, the same Code sections are at issue in our analysis below concerning the potential claims of adjacent property owners. Adjacent owners and owners within the rezone area are all entitled to the same type of notice of a comprehensive city- initiated rezoning. Code Sec. 26- 113.B.3 requires that, on all city- initiated rezonings, the City Council hold a hearing and provide the same notice as for the Planning Commission hearing. However, this section goes on to authorize the Council to provide notice by "publication of the ordinance on first reading, together with any required map." This type of notice "shall satisfy the newspaper publication requirement." Read together, for the comprehensive city- initiated rezoning approved on July 11, Code sections 26- 113.B.1.b and 26- 113.6.3 require the public (and any potential claimants, whether inside or outside the area to be rezoned) to be notified of both hearings and to be provided with a newspaper publication including: 1. A general description of the rezoning, and 2. A map which illustrates the geographic extent of the rezoning, no later than 15 days prior to the hearing date(s). A theme in case law concerning challenges to notice of zoning actions or amendments is that the notice actually provided must provide information reasonably necessary to provide adequate warning to all persons whose rights may be affected by the action; the information must be unambiguous and easily- understood by a lay person. Hallmark Builders and Realty v. City of Gunnison, 650 P.2d 556 (Colo. 1982); City and County of Denver v. Eggert, 647 P.2d 216 (Colo. 1982); Holly Development, Inc. v. Board of County Commissioners, 342 P.2d 1032 (Colo. 1959). While strict compliance with notice requirements is preferred, if interested parties receive actual notice that meets this standard, the notice will likely be found to satisfy due process. Sundance Hill Homeowners Association v. Board of County Commissioners, 534 P.2d 1212 (Colo. 1975). Owners within the rezoned Wadsworth Corridor area received four direct mailings from the City about the proposed rezoning, beginning in at least November of 2010. They received a postcard in October or November inviting them to a meeting about the proposed rezoning, a Feedback form in November seeking their written response to the proposal (including a map of the proposed rezoning area), another postcard in April 2011 inviting them to a neighborhood meeting on the rezoning, and a May 17, 2011 letter notifying them of the date, time and place of the Planning Commission hearing as well as the City Council hearing on the rezoning ordinance (including a map of the proposed rezone). The last of these communications alone, the 5/17/11 letter, provides all the information to which these owners were entitled and in a timely fashion. Cumulatively, these communications would likely be prima facie evidence of actual notice to these owners. We do not believe that a claim of inadequate notice (whether the claim is brought via a declaratory judgment action or a Constitutional § 1983 action) would survive a summary judgment motion by the City. We therefore conclude that the City's potential exposure for valid claims raised by owners within the rezoned area is small. Property owners adjacent to the rezoned area: These owners are entitled to the same notice as owners within the area: a description of the rezoning and a map at least fifteen days prior to the hearings. For this class of people, the adequacy of the notice provided by the City on its website is the critical issue. Adjacent owners did receive one directed mailing from the City; that mailing was the April postcard that invited all owners to the neighborhood meeting. The postcard explains the rezoning as "a legislative rezoning of the Wadsworth Boulevard corridor, roughly between 35 and 45 Avenues, to the Mixed Use - Commercial (MU -C) zone district." It then invites the owner to receive further information, ask questions, etc., at the date, time and place of the neighborhood meeting. Unlike the mailings to the owners within the affected area, the adjacent owners did not receive any direct notice of the public hearings, nor did they receive a description of the actual boundaries of the rezoning area or a map of the area. Thus, these owners had to have been adequately advised, if at all, by the general public notice provided by the City. The City provided general public notice of both the Planning Commission hearing and the City Council hearing in the same manner: published notice in the Wheat Ridge Transcript that set forth the date, time and place of the hearing, together with a general description of the rezone and the City's web site address where full text could be obtained. The City could assert that legally adequate notice of the City Council hearing cured legally inadequate notice of the Planning Commission hearing if, in fact, notice of the Council hearing was adequate. Code Sec. 26- 113.8.3 authorizes the notice of the City Council hearing to be by "publication of the ordinance on first reading, together with any required map. City Charter Sec. 5.12(h) authorizes the publication of ordinances by any of several methods, one of which is posting on the City's web site. In this case, the City provided notice of the Council hearing through two means: newspaper publication and the City's web site. It is arguable, at least, whether these two notices, read together, satisfy Code Sec. 26- 113.8.3. The City did publish notice in a newspaper; that notice advised interested parties of the hearing details and very general information of the subject; information on the City's web site provided interested parties with the full ordinance. Critically, it needs to be confirmed that the website publication of the ordinance included the map that accompanied the ordinance. This memorandum assumes that is the case. Publication on the web site alone could constitute legally- adequate notice of the ordinance on first reading which, in turn, satisfies Code Sec. 26- 113.8.3 by its plain language. Additionally, the City did provide some sort of "newspaper" notice, as specifically referenced by Code Sec. 26- 113.8.3. Finally, when considering just these adjacent property owners, they received some additional notice of this rezoning project by virtue of the postcard they received in April of 2011. That postcard — and the neighborhood hearing, if they attended — at least put some of these adjacent owners on actual notice of the subject matter and possible scope of this project. Sarah Showalter has told us that the neighborhood meeting was attended by approximately thirty -five (35) people and only three to five of these people were owners of property within the area; the rest were presumably adjacent owners. So, many of this class of potential claimants did actually receive and /or hear a general description of this rezoning. The published notice provided the date, time and place of the hearing. We believe the City has a valid argument that, looking at all the notices provided to this class of owners, they received notice that satisfies the substantive requirements of 26- 113.13.3 and which respected their interests in due process. We must recognize, however, that adjacent owners who perhaps did not receive the postcard and /or attend the neighborhood meeting or who saw the published notice but did not have internet access to view the full ordinance and map do have a valid claim that the City did not follow its own notice requirements and they did not receive actual notice of the hearings as a result. Should Council simply renotice the hearing properly and conduct another one? We do not believe this is an adequate way to remedy the potentially- deficient notice issues. Those owners who did participate in this process, or even who were aware of and simply monitored the process without participating, have a reasonable expectation that the hearings are done and over. These interested parties have no notice that they should still be looking out for notice of a continued or "additional' hearing on this issue. These people have a right to hear and potentially respond to any new testimony or issues, but it is unlikely they are looking for notice. If Council did not continue the hearing before it was concluded, it is complete. To hold another hearing would require the City to initiate the rezoning process anew and hold hearings at each level, after adequate notice, again. City Council could also move to reconsider its adoption of the ordinance at its next regular meeting (on July 25), but doing so would do nothing to cure the past notice deficiencies. In our opinion, this "cure" would be of little value, and would raise more problems than it would solve. How long do potential plaintiffs have to bring suit challenging the ordinance? Case law establishes that plaintiffs challenging deficient notice in a site - specific rezoning context must bring those claims within the thirty days provided by Rule 106. Rule 57 claims (seeking declaratory judgment that the ordinance is invalid) must be combined with Rule 106 claims and brought together. When plaintiffs have any sort of notice of the action (in the Norby case, cited above, plaintiffs did not receive mandated notice by mail but saw a sign on the property), Rule 106 provides the applicable claim period, even when the claim asserts deficient notice and plaintiffs do not actually participate in the hearing process. The City could argue that a court should apply these cases to a more comprehensive zoning context, but other case law weakens that argument. In Jafay v. Board of County Commissioners of Boulder County, 848 P.2d 892 (Colo. 1993), the Colorado Supreme Court characterized a large (25K+ acre) rezone as "quasi- legislative' and therefore unavailable for Rule 106 review. If the City asserts on one hand that this rezoning action was city- wide /comprehensive, it should be consistent and realize that Rule 106 review is likely not the avenue for claims of this rezoning. Civil claims against the government under state law for which Rule 106 does not apply are generally subject to a two -year statute of limitations. C.R.S. § 13 -80 -102. 2011065492 07/15/2011 10:19:28 AM PGS 4 $26.00 DF $0 Electronically Recorded Jefferson Countyy Co Pam Anderson, Clerk and Recorder TD7000 N CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER JAY COUNCIL BILL NO. 22 ORDINANCE NO. 1496 Series 2011 TITLE: AN ORDINANCE APPROVING THE COMPREHENSIVE REZONING OF PROPERTY ALONG THE WADSWORTH CORRIDOR BETWEEN W. 35 AND W. 45 AVENUES TO THE MIXED USE - COMMERCIAL (MU-C) ZONE DISTRICT (CASE NO. WZ- 11 -03) WHEREAS, the City Council of the City of Wheat Ridge is authorized by Section 26 -113 of the Wheat Ridge Code of Laws to initiate rezoning of property; and WHEREAS, the City Council of the City of Wheat adopted a resolution on March 14, 2011 initiating the rezoning of property located along the Wadsworth Corridor Mixed Use - Commercial (MU -C); and WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the Envision Wheat Ridge comprehensive plan was adopted in 2009; and WHEREAS, both plans recommend that the Wadsworth corridor redevelop over time with a higher density, mixed use development pattern; and WHEREAS, the existing zoning designations in this area are commercial, which only allows for limited residential development; and WHEREAS, the rezoning of the property to Mixed Use - Commercial (MU -C) would support City's adopted policy for the corridor to redevelop over time in a higher density, mixed use pattem; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on June 16, 2011 and voted unanimously to recommend approval of rezoning to Mixed Use- Commercial (MU -C). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Pursuant to the findings made based on testimony and evidence presented at the public hearing before the Wheat Ridge City Council, Mixed Use - Commercial (MU- C) zoning is approved for the following land: The area located generally north of West 35 Avenue, west of Upham Street, south of West 45 Avenue, and east of Yarrow Street, as shown on the below map. The area to be rezoned includes adjacent right -of -way, extending to the centerline of that right -of- way. Section 2: Approval of this zoning 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 Council 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 objective sought to be attained. Section 4: Severability: Conflicting Ordinances 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 the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: Effective Date This Ordinance shall take effect 30 days after final publication, as permitted by Section 5.11 of the Charter. Prior to said effective date, any owner of real property within the area rezoned described in Section 1 hereof may request that his or her property be removed from the area rezoned. Such request shall be in writing, shall describe with particularity the property requested to be removed from the area rezoned, shall be signed by all owners of record of said real property, and shall be delivered to the Director of Community Development. Upon receipt of a proper, signed request within the time period specified in this Section 5, said property shall be removed from the area rezoned and shall retain the zone designation applicable to it prior to the passage of this Ordinance. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 1 on this 27th day of June, 2011, ordered it published with Public Hearing and consideration of final passage set for Monday, July 11th, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 30 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 11th day of July, 2011. SIGNED by the Mayor on this - ATTEST: Michael Snow, City Clerk First Publication: June 30, 2011 Second Publication: July 14, 2011 Wheat Ridge Transcript: Effective Date: August 13, 2011 City Council Minutes July 11, 2011 Page 2 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 22 -2011 - approving the Comprehensive rezoning of property along the Wadsworth Corridor between W. 35 and W. 45 Avenues to the Mixed Use - Commercial (MU -C) Zone District (Case No. WZ- 11 -03) Mayor DiTullio opened the public hearing. Council Bill 22 -2011 was introduced on second reading by Mrs. Jay. Deputy City Clerk Bruce Roome assigned Ordinance No. 1496. Mr. Johnstone and Ms. Showalter presented the City staff report. Michael Smith, representative of Pacific Realty Associates which owns the property on the north east corner of 44 Avenue and Wadsworth Boulevard, spoke in opposition of the rezoning. Mr. Smith did speak in favor of a proposed amendment which would allow them to opt out of this rezoning. Lloyd Levy, member of Wheat Ridge 2020, read into record a memo (amended to this packet) from Britta Fisher, Executive Director supporting the proposed Council Bill. Mayor DiTullio closed the public hearing. Motion by Mrs. Jay to approve Council Bill 22 -2011 (Ordinance 1496) on second reading and that if take effect 15 days after final publication; second by Mrs. Langworthy; Motion by Mr. DeMott to amend the Section 5 of the Ordinance to read in its entirety as follows: Section 5: Effective Date. This Ordinance shall take effect 30 days after final publication, as permitted by Section 5.11 of the Charter. Prior to said effective date, any owner of real property within the area rezoned described in Section 1 hereof may request that his or her property be removed from the area rezoned. Such request shall be in writing, shall describe with particularity the property requested to be removed from the area rezoned, shall be signed by all owners of record of said real property, and shall be delivered to the Director of Community Development. Upon receipt of a proper, signed request within the time period specified in this Section 5, said property shall be removed from the area rezoned and shall retain the zone designation applicable to it prior to the passage of this Ordinance. Seconded by Mr. Reinhart; carried 6 -2 with Ms. Berry and Mrs. Adams voting No. Main motion to approve Council Bill 22 -2011 as amended carried 8 -0. J 1, 2011 �WheatFL�cigc. 1 Wadsworth Corrridor Envision WHE RIDGE A Plan For A Bright fetrm C4ow"RP.44, vvumJ:YYVrurr vvr• (2007) a ctat t I Cily of �Wheat 3 Wa Envision Wheat ME MEDIUM HIGH DENSITY MIXED USE 4 Wadsworth Corridor — Neighborhood Uommerciai (N7LJ 4 — Restricted Commercial (R -C) — Planned Commercial Development (PCD, �, (PQ D) 11 Wadsworth Corridor Tor arive - inru uses, gas !Aauv115, wholesale �, rwheatROW VA Wadsworth Corridor �Whe�i icl� 0 Wadsworth Corridor 4 l Ci4y of rwheatPtclge 9 Wadsworth Corridor Wheat F�dge 10 Wadsworth Corridor 11 Wadsworth Corridor owners late 2010 • One owner remains in opposition Ya RrW Q1at RLdge 12 13 Wadsworth Corridor Step 1: City Council Adopts Resolution to Initiate Rezoning Step 2: Neighborhood Meeting Step 3: Staff Report 14 Wadsworth Corridor SrN a' rt fi p TM p a r S � r r + k s L � w;�,,, rm?t ) � I z �; � ,°`3- »ra�'.r off.+ t �r Y.+ � -✓'�,� EYU-wzt r`� »i;"csti^hc3fa' �'�''�y. /""sfr�"n � {'�, r✓ '� ,j '". Jr�i' ='4 ���+��'r"i� ��S'�`',�3"��k�}iYU) �L�� P �s r S i �f ti M�* e�L✓�`t�kf ra � 3 y 2 U T ` F �5 1 � � ,Y�r {r 5bt r } `Fr ,� %' i g=33'� 1 '"i''; m�'S, -rrT< f<s' I '✓ "J h �r r a:". �t ' Y� v a� { 'r 19 r � 1� { , ��Questio�ns�frr 'cusedso`n�how`the never' r �; zoning;; might impact'the redevelopment of specific sites. Some concerns about traffic /the future widening of the street agor �Wheaci�ddg� 15 Wadsworth Corridor with surrounding area • There will be economic benefits with the zone change Cily of wheat Rise KE Wadsworth Corridor - ��v QUVGIJG- QIIGM.V vn as f✓�1�. ���.w���. v� safety • Meets City's adopted plans for this area (mixed use town center) � 'wheat i se 17 3 City of Jt n at Rijge M NO: 1 ATE: July 11, 2011. p�Sfe� REQUEST FOR CITY COUNCIL AC 1 0 ( 60 TITLE: COUNCIL BILL NO. 22 -2011 - AN ORDINANCE APPROVING THE COMPREHENSIVE REZONING OF PROPERTY ALONG THE WADSWORTH CORRIDOR BETWEEN W. 35 AND W. 45 AVENUES TO THE MIXED USE - COMMERCIAL (MU -C) ZONE DISTRICT (CASE NO. WZ- 11 -03) ❑ PUBLIC HEARING ❑ ORDINANCES FOR IT READING (06/27/2011) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2 READING (07/11/2011) ❑ RESOLUTIONS ® NO City Manager ISSUE: The Wadsworth Corridor Subarea Plan, adopted in 2007, and the Envision Wheat Ridge comprehensive plan, adopted in 2009, call for medium and high density mixed use redevelopment along the Wadsworth Corridor between W. 35 and W. 45 Avenues. Both plans envision a mixed use town center with compact, pedestrian- friendly development on Wadsworth between W. 38 and W. 45 Avenues. In September 2010, City Council adopted new mixed use zone districts. One zone district, Mixed Use - Commercial (MU -C) was developed for primary commercial corridors like Wadsworth. The MU -C zoning creates a streamlined development process and encourages pedestrian- friendly, medium and high density mixed use development. In order to advance the City's goal of promoting mixed use redevelopment on Wadsworth, the City initiated a comprehensive rezoning of properties along Wadsworth, roughly between W. 3 and W. 45` Avenues, to the MU -C district. WZ -11 -03 Council Action Form July 11, 2011 Page 2 PRIOR ACTION: City Council adopted a resolution to proceed with the proposed rezoning on March 14, 2011. City Council held Study Sessions on the topic of the rezoning and outreach sessions to property owners on February 14, 2011 and May 2, 2011 and approved the ordinance on first reading on June 27, 2011. Planning Commission voted unanimously to recommend approval of the rezoning at a public hearing on June 16, 2011. The attorney for the owner of 7525 W. 44 Avenue, located at the northeast corner of W. 44` and Wadsworth, provided testimony in opposition of the rezoning. He cited opposition from his client due to (a) a belief that the rezoning will not lead to a successful mixed use town center (b) concern that the new zoning would make property owners unlikely to invest in improving their property (c) existing easements and development restrictions on this and adjacent parcels that would make a mixed use development difficult to achieve. Planning Commission discussed the possibility of removing the property (7525 W. 44 Avenue) from the rezoning area but ultimately decided that it should be included since the existing use on the lot would be legally conforming under the MU -C zoning and because, if someone did assemble land at this corner in the future for a mixed use development, the zoning for one of the parcels would remain C -1 and would not support mixed use redevelopment. Draft meeting minutes from the Planning Commission Public Hearing are included as attachment 2. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. However, the new zoning should enable redevelopment that will advance the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The property to be rezoned includes multiple parcels on or near Wadsworth Boulevard between W. 35 and W. 45 Avenues. All of the properties in the rezoning area fall within the Wadsworth Corridor and Times Square Urban Renewal Areas. The majority of the rezoning area includes commercial and retail uses however there are some properties that contain multifamily residential uses. Wadsworth is a state -owned highway and major commercial arterial that serves regional vehicular and bus traffic. Existing Zoning The majority of the rezoning area is currently zoned Commercial One (C -1). There is one small area zoned Commercial Two (C -2), one small area zoned Neighborhood Commercial (N -C), and a handful of parcels zoned Restricted Commercial (R -C). The rezoning area also includes three Planned Commercial Development (PCD) zoning designations. While there are a few properties that currently have residential uses, there are no properties with residential zoning in the rezoning area. Council Action Form July 11, 2011 Page 3 Overall, the existing commercial zoning in the area allows for a wide range of commercial uses, especially in the C -1 district. The existing commercial zoning places considerable restrictions on residential development, including the following conditions: • No new residences as a primary or principal use shall be allowed • The amount of floor area devoted to commercial use must exceed the amount devoted to residential use • Residential use density shall not exceed one dwelling unit per 5,000 square feet (roughly 8.7 units per acre) In terms of building height, the current zoning limits commercial buildings to a maximum of 50 feet and any building with a residential use to a maximum of 35 feet. Any development under the current zoning would also be subject to the Architectural and Site Design Manual (ASDM). The ASDM contains site and building design standards that encourage quality architecture and pedestrian- friendly design. Surrounding Zoning and Land Uses The proposed rezoning area is surrounded by both commercial and residential zoning. The east and west boundaries of the rezoning area are generally bordered by residential uses in established residential neighborhoods. Toward the northern and southern ends of the rezoning area, existing land uses include commercial and residential uses. Adopted Plans for Wadsworth The City is proposing that the subject property be rezoned to Mixed Use - Commercial (MU -C), a zone district that allows a wide range of uses — including commercial, civic, and residential uses — and that encourages mixed use development. The proposed zoning is consistent with the City's adopted plans for the Wadsworth corridor. The City has two recently- adopted plans that establish the goals and policies for the future of Wadsworth: Wadsworth Corridor Subarea Plan Adopted in 2007, this plan calls for the redevelopment of Wadsworth with mixed use, medium and high density development. The proposed rezoning to the MU -C zone district will enable the redevelopment of the Wadsworth corridor over time in a manner that fits goals in the Subarea Plan, including the development of a mixed use town center on Wadsworth and an increase in density along the corridor to provide a critical mass of uses and residents to support businesses in the area. Comprehensive Plan Envision Wheat Ridge, the comprehensive plan adopted in 2009, also promotes the vision for Wadsworth to become a mixed use town center. The plan identifies the Wadsworth corridor as one of five priority redevelopment areas in the City and specifically recommends that the City, in collaboration with economic development partners, guide the development of a pedestrian- friendly, mixed use town center at this location. Council _Action Form July 11, 2011 Page 4 Proposed Zoning: Mixed Use - Commercial (MU -C) District The MU -C zone district is intended for major commercial corridors and community activity centers. It permits a wide range of land uses and encourages quality, higher density, mixed use development. Allowed Uses The MU -C zone district allows a wide range of commercial, retail, civic, and residential uses. Unlike the commercial zoning that is prevalent on the Wadsworth corridor today, it does not contain restrictions that make residential development difficult to attain. While there are many land uses allowed under MU -C zoning, several higher- impact and auto - oriented uses are conditional uses, which require an additional administrative review by staff to ensure that the building and site design have as few negative impacts as possible. New drive - through uses also have separation requirements to ensure that they do not become a dominate use in one particular area. Building Height and Density The MU -C zone district does not contain a unit per acre limit on residential development. Instead, it regulates density through building height, setbacks, and open space requirements. Buildings are allowed up to a height of four stories. To incentivize mixed use development, buildings that contain a mix of land uses (such as office and retail, or retail and residential) may be as high as six stories. Open Space Requirements Under the MU -C zoning, for single -use development, 15% of the net development area must be open space. Mixed -use development has a 10% open space requirement. At least 75% of all open space must be usable open space, such as parks and plazas. Residential Transitions In an effort to protect existing residential neighborhoods, the MU -C zone district contains specific requirements for new development that is adjacent to residential uses. Where any parking lot or drive- through abuts a lot that has a residential use, screening must be provided (including a six -foot tall wall/fence or hedge and a six -foot wide landscaped buffer). For any new building that is adjacent to a lot with a single- or two- family residential use that has residential or agricultural zoning, the following regulations apply: • A minimum 10 -foot wide landscape buffer for one or two- story buildings. The buffer must be 15 -feet wide for a three -story building, and 20 -feet wide for buildings four stories or taller. In addition to the landscaped buffer, buildings over two stories must step the upper floors back an additional five feet per story for the third or forth stories. Any portion of a building within 100 feet of a residential use may not be taller than four stories (except where an arterial or collector street separates the new building from the residential use). Council Action Form July 11, 2011 Page 5 Architectural Standards With the goal of ensuring high- quality development, the MU -C zone district contains architectural standards. The design standards include: • Requirements for fagade articulation and material variation • A build -to requirement that places buildings close to the street, with parking at the side or in the rear. The build -to requirement in the MU -C district is flexible, allowing a 0 -20 foot build -to zone for 50% of the lot frontage, to enable a wide range of building types • Transparency requirements at the ground floor to help create active and interesting ground floor facades • Screening and placement requirements for drive - throughs • Screening requirements for utilities and loading areas Process Outreach to Property Owners Staff started outreach to property owners about a potential City- initiated rezoning in January 2010 at the Wadsworth Summit. At this time, the MU -C zoning was still being drafted and staff requested feedback from property owners on the content of the code, as well as whether they were in support of a City- initiated legislative rezoning. Sixty -seven percent of property owners who completed a survey said that they were strongly in favor of a legislative rezoning and 25% said that they were somewhat in favor. Based on this high level of interest, staff held a study session with City Council in the summer of 2010 to discuss proceeding with a legislative rezoning along Wadsworth once the new mixed use zoning was adopted. City Council directed staff to proceed with a potential rezoning, but to first conduct additional outreach to property owners, including another survey. City Council adopted the mixed use zoning in September of 2010. Two months later, staff held a meeting for all property owners in the target rezoning area on Wadsworth to share the newly adopted code and ask again whether there was support for a legislative rezoning. Staff also mailed a survey to every property owner in the rezoning area asking them to state support or opposition for the rezoning. Of the 56 surveys mailed, 13 were returned. Ten owners stated support and three owners indicated opposition. At a study session with City Council in February of 2011, City Council directed staff to move forward with the rezoning but to directly contact the three property owners who expressed opposition. Staff met with the two owners who live in Colorado to discuss their concerns. After meeting with staff, both owners are now in favor of the rezoning. The third owner who expressed opposition is out -of -state and owns the property at 7525 W. 44 Avenue, which is currently leased to a Pep Boys facility. Staff has spoken on the phone and exchanged letters with the owner's attorney (see attachment 2). Reasons cited for opposition include existing easements and development restrictions that are recorded on the property and other adjacent properties, as well as concern that the mixed use zoning will not lead to successful mixed use development in the area. While it is true that the easements and restrictions on the property would need to be removed in order for any significant redevelopment of the land to occur, the proposed new zoning would not directly impact any privately recorded restrictions on Council Action Form July 11, 2011 Page 6 the land. Staff has exchanged letters with the owner's attorney and requested to speak directly with the owner via phone regarding their concerns, but thus far the owner has not responded beyond the attorney's letters. Most recently, staff mailed another letter to all property owners in the rezoning area to notify them that the rezoning is moving forward (see Attachment 4). The letter included the dates for the Planning Commission and City Council public hearing dates and informed owners that the public hearings were their final opportunity to comment on the proposed rezoning. A map showing current owner responses to the survey mailed in late 2010 is included in Attachment 3. Code - Required Process for Comprehensive City- Initiated Rezonings Section 26 -113 of the Wheat Ridge Zoning Code allows the City to initiate rezonings without consent of affected property owners. The first step in the process is for City Council to adopt a resolution that indicates the proposed area to be rezoned and states the intended purpose of the rezoning. This was completed on March 14, 2011. The next step is for the City to hold a neighborhood meeting, to which any property owner within 600 feet of the site is invited. The City held a neighborhood meeting on April 13, 2011 (please see neighborhood meeting notes in Attachment 5). Meeting attendees asked questions about how the new zoning might impact future development on Wadsworth. They also asked questions about the future of Wadsworth in general, including the potential for the street to be widened in the future. After the neighborhood meeting, the proposed rezoning must go to a public hearing before Planning Commission, who shall make a recommendation to City Council to approve, approve with modifications, or deny the rezoning proposal. Upon receipt of the Planning Commission's recommendation, the City Council shall hold a public hearing on the proposal and shall vote to approve, approve with modifications, or reject the proposal. City Council's decision shall be based on the facts presented in the public hearing in consideration of the criteria for review specified in Section 26 -112D. Staff has provided an analysis of the zone change criteria, outlined as follows: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; or Staff has not found any evidence that there is an error with the current zone districts as they appear on the City zoning map. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. The Wadsworth corridor has seen significant change over the past few decades. Traffic congestion, underutilized land, and blight along the corridor led the City Council and Urban Council Action Form July 11, 2011 Page 7 Renewal Authority to adopt the Wadsworth Boulevard Corridor Redevelopment Plan in 2001. This plan, which coincides with the rezoning area, calls for the redevelopment of Wadsworth in order to remove blight, improve pedestrian safety, and provide economic benefits for the City as a whole. 3. The Planning Commission shall also find that the evidence supports the finding of at least four of the following: 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. The proposed zoning is consistent with the policies and goals in the City's Comprehensive Plan and the Wadsworth Corridor Subarea Plan. Both plans call for higher density, mixed use development along Wadsworth Boulevard. More specifically, the Comprehensive Plan identifies the land between W. 38 and W. 44' Avenues as a quality, mixed use town center. The proposed MU -C zoning, which encourages mixed use development and contains design standards, directly fits with these goals. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The proposed change of zone is compatible with the surrounding area, especially since Wadsworth Boulevard is a primary commercial corridor targeted for higher density commercial and mixed use development. Where there are existing residential neighborhoods adjacent to the rezoning area, required residential transitions in the Mt7 -C code should help protect the character of these neighborhoods and ensure that there are minimal, if any, adverse impacts. c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. The proposed zone change should be a benefit to the community. The new zoning will enable mixed use redevelopment of an urban renewal area, bringing new uses that are likely to improve the character of the street, generate sales tax for the City, create housing to attract new residents, and provide a balanced mix of land uses. The new zoning also requires that any new development provides new open space, which will benefit the community. d. Adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. Any new development under the proposed MU -C zoning will be required to complete a site plan review process, which includes referral to all impacted utility agencies. Where utility Council _Action Form July 11, 2011 Page 8 upgrades are needed to service new development, the applicant will be required to provide those upgrades. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. The change of zone will not adversely affect public health, safety or welfare. While the new zoning would allow high - density development that could generate additional traffic, it is not clear that development under the proposed zoning would generate any more traffic than might occur with development under the existing commercial zoning along the corridor. Any larger proposed development under the new MU -C zoning would be required to complete a traffic study as part of the site plan submittal and to install infrastructure and traffic signal improvements as required by Public Works. Development proposals will also be required to meet stormwater drainage and water quality requirements in order to be approved, thus no drainage problems are anticipated. 4. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. This criterion is not applicable since the Architectural and Site Design Manual does not apply in the MU -C zone district. RECOMMENDATIONS: The proposed MU -C zone district would encourage the type of quality, mixed use development that is called for in the City's plans for Wadsworth. Key aspects of the MU -C zone district that would promote the mixed use redevelopment of this site include: • A streamlined development review process • A wide range of allowable land uses, including residential • Architectural standards, such as build -to requirements and ground floor transparency, that encourage quality design but allow for more flexibility than the ASDM, which currently applies to the site • Higher allowable building heights and densities • Flexible parking requirements • Requirements for residential transitions that will help protect the existing residential neighborhood close to the site For these reasons, the proposed rezoning would help advance redevelopment of a priority area within the City, enabling high - quality mixed use development that fulfills the City's adopted plans for a mixed use town center on Wadsworth. RECOMMENDED MOTION: "I move to approve Council Bill No. 22 -2011 an ordinance approving the comprehensive rezoning of property located along the Wadsworth corridor between W. 35 and W. 45th Council Action Form July 11, 2011 Page 9 Avenues to the Mixed Use - Commercial (MU -C) zone district on second reading and that it takes effect 15 days after publication." Or, "I move to postpone indefinitely Council Bill No. 22 -2011 an ordinance approving the comprehensive rezoning of property located along the Wadsworth corridor between W. 35 s ' and W. 45 th Avenues to the Mixed Use - Commercial (MU -C) zone district for the following reason(s) J> REPORT PREPARED BY: Sarah Showalter, Planner II Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 22 -2011 2. Draft Planning Commission Public Hearing meeting notes 3. Letters from the attorney representing the owner of 7525 W. 44 Avenue 4. Map showing property owner responses to the survey on rezoning 5. Letter to property owners with notification of public hearings 6. Neighborhood meeting notes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER JAY COUNCIL BILL NO. 22 ORDINANCE NO. Series 2011 TITLE: AN ORDINANCE APPROVING THE COMPREHENSIVE REZONING OF PROPERTY ALONG THE WADSWORTH CORRIDOR BETWEEN W. 35 AND W. 45 AVENUES TO THE MIXED USE - COMMERCIAL (MU -C) ZONE DISTRICT (CASE NO. WZ- 11 -03) WHEREAS, the City Council of the City of Wheat Ridge is authorized by Section 26 -113 of the Wheat Ridge Code of Laws to initiate rezoning of property; and WHEREAS, the City Council of the City of Wheat adopted a resolution on March 14, 2011 initiating the rezoning of property located along the Wadsworth Corridor Mixed Use - Commercial (MU -C); and WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the Envision Wheat Ridge comprehensive plan was adopted in 2009; and WHEREAS, both plans recommend that the Wadsworth corridor redevelop over time with a higher density, mixed use development pattern; and WHEREAS, the existing zoning designations in this area are commercial, which only allows for limited residential development; and WHEREAS, the rezoning of the property to Mixed Use - Commercial (MU -C) would support City's adopted policy for the corridor to redevelop over time in a higher density, mixed use pattern; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on June 16, 2011 and voted unanimously to recommend approval of rezoning to Mixed Use - Commercial (MU -C). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Pursuant to the findings made based on testimony and evidence presented at the public hearing before the Wheat Ridge City Council, Mixed Use - Commercial (MU- C) zoning is approved for the following land: Attachment 1 The area located generally north of West 35 Avenue, west of Upham Street, south of West 45 Avenue, and east of Yarrow Street, as shown on the below map. The area to be rezoned includes adjacent right -of -way, extending to the centerline of that right -of- 4' 1 MORE ■ ■� �■ ! II: a■■ �. mi ll MI ■� �� iii IN : 011 1 -- J == I s' ■ ` � ■ HIM M MIN =i Section 2: Approval of this zoning 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 Council 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 objective sought to be attained. Section 4: Severability: Conflicting Ordinances 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 the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 1 on this 27th day of June, 2011, ordered it published with Public Hearing and consideration of final passage set for Monday, July 11th, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 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 2011. SIGNED by the Mayor on this day of 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: June 30, 2011 Second Publication: _ Wheat Ridge Transcript: Effective Date: ♦��� City of �;K'Wheatwidge PLANNING COMMISSION Minutes of Meeting June 16, 2011 1. 2. 3. 4. 5. 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 29 Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Alan Bucknam Marc Dietrick Tracy Guildner Dick Matthews Scott Ohm Steve Timms Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE George Pond Meredith Reckert, Sr. Planner Sarah Showalter, Planner II Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the order of the agenda. The motion passed unanimously. APPROVAL OF MINUTES — May 19, 2011 It was moved by Commissioner MATTHEWS and seconded by Commissioner BRINKMAN to approve the minutes of May 19, 2011 as presented. The motion carried 5 -0 with Commissioners GUILDNER and TIMMS abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes) Planning Commission Minutes Attaghment 2 June 16 , 2011 No members of the public wished to address the Commission at this time. 7. PUBLIC HEARINGS A. Case No. WZ- 11 -03 A city - initiated rezoning of the Wadsworth Corridor to Mixed Use Commercial (MU -C) This case was presented by Sarah Showalter. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons outlined in the staff report. Chair BUCKNAM opened the public hearing. Louise Turner 11256 West 38` Avenue Ms. Turner stated she was here to learn more about the proposed rezoning but expressed concern with city- initiated, rather than citizen driven, rezoning because it eliminates checks and balances. It's difficult for City Council to sit as an impartial judge when the matter has been initiated by the city. Residents north of 44 are opposed to high density development. She expressed concern about higher population density and questioned whether it would result in a better quality of life in Wheat Ridge. Since population studies have not been done in the past twenty years, she encouraged the Commission to consider a current population study. Michael Smith Mr. Smith stated that he is an attorney representing an out -of -state client who owns property in the subject area and who remains in opposition to rezoning. He and his client do not believe the concept will work because there are a variety of property owners along Wadsworth without one major property owner to drive development. There is also a problem with Wadsworth, a major state highway bisecting the area. This is not a neighborhood that can be pedestrian friendly. He stated that his client produces $200,000 in sales tax every year and did not believe that small storefronts would produce those kinds of results. He expressed concern about residential units above retail units. He stated his belief that mixed use development prevents big economic drivers from coming into the area and mixed use would also ultimately result in residential rental properties. Mixed use restrictions discourage existing businesses to improve what they have. Further, there are no tools in place to encourage developers to assemble properties. His client's property constraints remain in effect until 2023 and there is no plan to ever relinquish them. He stated that he has learned from his experience with mixed use developments that they are not always successful. Planning Commission Minutes 2 June 16, 2011 In response to a question from Commissioner BRINKMAN, Mr. Smith commented that Wadsworth is a 6 -lane state highway that drives mixed use away. Commissioner BRINKMAN commented that she did not believe there are any aspirations to make Wadsworth pedestrian friendly. Commissioner BRINKMAN asked what impact the urban renewal area has had on his client. Mr. Smith replied that there has been no positive impact. Mr. Smith requested that his letters to the city regarding this matter be made a part of the official record. Ms. Showalter advised Mr. Smith that these records would be included in the official record. In response to a request from Commissioner BRINKMAN, Ms. Showalter - explained the noticing process. She stated that, although there is no requirement other than to provide notices in The Transcript, City Council directed staff to notify individual property owners in the area. Five separate mailings have been sent to property owners. Addresses were obtained through county records. Due to cost constraints, the letters were not sent by certified mail. In response to a question from Commissioner GUILDNER, Ms. Showalter explained that the mixed use zoning was adopted last September. Commissioner BUCKNAM commented that this is only the second time that Planning Commission has been asked to approve a rezoning to mixed use - commercial (MU -C). In response to a question from Commissioner TIMMS, Ms. Showalter stated that the rezoning would not cause the bank and Pep Boys properties to become nonconforming. In response to a question from Commissioner DIETRICK, Ms. Showalter stated that she was not aware of any negative impacts that the proposed rezoning would have on existing businesses. Commissioner BUCKNAM asked Mr. Smith if his testimony had covered the material contained in the letters sent to the city. Mr. Smith indicated that he was satisfied that the Commission had heard all his concerns through his testimony. Commissioner OHM asked if an elevated crossing over Wadsworth might be considered in the fixture. Ms. Showalter stated that while it could not be ruled out, elevated crossings are very expensive. Commissioner BRINKMAN asked if there was an estimate of the number of residential units that could be built in the subject 95 -acre area. Ms. Showalter stated that a very rough estimate would be several hundred new units. These 95 acres represent a very minimal percentage of the land in Wheat Ridge. Planning Commission Minutes 3 June 16, 2011 Commissioner BUCKNAM asked why more uniform boundaries were not established rather than adhering to the urban renewal boundaries. Ms. Showalter explained that City Council and property owners were in favor of rezoning only commercially zoned properties in the designated urban renewal area. It was moved by Commissioner GUILDNER to continue this matter until more information is available regarding letters and surveys. The motion died for lack of a second. Commissioner MATTHEWS commented that he promised to never rezone a property if there were objections from the property owner. He stated that he would like to exclude the entire northeast corner of the area of 44 Avenue, that includes Mr. Smith's client's property, from mixed use. If this client's property alone is excluded, it would not leave a deep enough strip of property for any future application of mixed use zoning. It was moved by Commissioner BRINKMAN and seconded by Commissioner TIMMS to recommend APPROVAL of Case No. WZ- 11 -03, a request for a City- initiated zone change from Neighborhood Commercial, Restricted Commercial, Commercial -One, Commercial -Two and Planned Commercial Development to Mixed Use - Commercial, for properties located along Wadsworth Boulevard, generally between West 35 and West 45 Avenues, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the Wadsworth Corridor Subarea Plan. 2. The proposed zone change is compatible with the surrounding area. 3. Any applicant for development under the proposed zoning will provide adequate utility upgrades where needed. 4. The proposed zone change will not adversely impact the public health, safety or welfare. It was moved by Commissioner MATTHEWS and seconded by Commissioner GUILDNER to amend the motion to exclude the northeast corner of 44 and Wadsworth from the MU -C rezoning. Commissioner BRINKMAN stated that she would vote against the amendment because the property represented by Mr. Smith would not become nonconforming as a result of the rezone. The property owner can stay with his present situation until 2030 or as long as he likes. The amendment failed by a vote of 2 to 5 with Commissioners TIMMS, DIETRICK, BUCKNAM, BRINKMAN and OHM voting no. A vote was taken on the main motion which carried 7 -0. Planning Commission Minutes 4 June 16, 2011 (Chair B UCKNAM recessed the meeting at 8:20 p.m. The meeting was reconvened at 8:25 p.m.) Sarah Showalter took this opportunity to further explain the reasons for choosing the boundaries of the proposed rezone. The primary reason was that the urban renewal area alone is exempted from the height and density restrictions contained in the charter. B. Case No. MS- 11 -01 An application filed by BCS Community Credit Union for a 4 -lot consolidation plat on property zoned Commercial -One and located at 4203 Wadsworth Boulevard This case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons and with conditions outlined in the staff report The applicant stated he had nothing to add to the staff presentation. Chair BUCKNAM opened the public hearing. Tammy Kaiser Ms. Kaiser lives two houses west of the subject property. She stated that she was happy to see this property improved and asked if there would be a buffer between the business and residential area. She also expressed strong objection to removing the traffic signal at Wadsworth and 3 -Acre Lane due to the amount of traffic in her neighborhood. Ms. Reckert explained that a 6 -foot landscaped buffer with a 6 -foot solid fence will be required along the western property line of the credit union. She also commented that the credit union will have much less impact on the neighborhood than the previous use as a fast food restaurant. It was moved by Commissioner TIMMS and seconded by Commissioner OHM to APPROVE Case No. MS- 11 -01, a request for approval of a four -lot consolidation plat on C -1 zoned property located at 4203 Wadsworth, for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. All utility providers can serve the property. With the following condition: 1. The language for the city certification be slightly modified. Planning Commission Minutes 5 June 16, 2011 The motion carried 7 -0. 8. OTHER ITEMS A. 38 Avenue Corridor Plan Update No update was available at this time. B. Garden Tour Commissioner BRINKMAN reminded the Commission about the first annual Wheat Ridge Garden Tour to be held on June 27. Tickets are $10 and may be purchased at the Richards Hart Estate. The tour is sponsored by Live Well Wheat Ridge. 9. ADJOURNMENT It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to adjourn the meeting at 8:44 p.m. The motion carried 7 -0. Alan Bucknam, Chair Ann Lazzeri, Secretary Planning Commission Minutes 6 June 16, 2011 r JACOBS CHASE December 10, 2010 City of Wheat Ridge Community Development Department 7500 West 29 Avenue, Second Floor Wheat Ridge, Colorado 80033 ATTENTION: Sarah Showalter sshowalternci.wheatrid eg co.us Michael A. Smith (303) 389 -4643 msM"aWbSChase.wrn Re: REZONING OFWADSWORTH BOULEVARD — WEST 3 8TH To WEST 4e Dear Ms. Showalter: I am writing on behalf of Pacific Realty Associates, LP, which is the owner of the property located at the northeast corner of the intersection of 44 Avenue and Wadsworth Boulevard in Wheat Ridge. That property is occupied by a Pep Boys store. It is a large site, containing 113,974 square feet, on which there is located a 27,756 square foot building and an approximately 86,000 square foot parking lot. Last year, this parcel generated $33,827.28 in real property taxes and in excess of $200,000.00 in sales taxes. My client strongly opposes the proposed rezoning. Additionally, my client would request that their property not be included in the area of the proposed rezoning if the City Council decides to proceed ahead. My client's opposition is based on a number of points. The first point has to do with the encumbrances, easements and restrictions of record. This portion of Wadsworth Boulevard has been an automobile - focused development since it was initially developed. As a result, the development of the individual properties along this portion of Wadsworth Boulevard has proceeded using schemes that supported and enhanced commercial uses and development based on automobiles. An examination of the status of the underlying title to many of these properties, including my client's property, would indicate that there are complementary cross easements and access easements that burden and benefit many of these properties. These easements generally exist to provide access from Wadsworth, 44 and 38 to a group of businesses sharing a parking lot. and to provide back and forth access across shared parking lots to those businesses. Because these easements affect multiple properties, it would take the consent of all of the owners of the affected properties to '05017th Street site 1500 Denver, CO 80265 303 - 685 -4800 303 - 685 -4869 fax _ Attachment 3 www.jacobschase.com City of Wheat Ridge Community Development Department ATTN: Sarah Showalter December 10, 2010 Page 2 make any changes to those agreements. Additionally, the consent of any lenders who have encumbered any of these properties would also be required for changes. The Pacific Realty Associates, LP Property is encumbered by the attached AGREEMENT CREATING. GRANT OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND. This document imposes a number of restrictions and easements on my client's property. Many of those restrictions are fundamentally inconsistent with the terms of the proposed rezoning, however, the proposed rezoning does nothing to eliminate or modify the provisions of the AGREEMENT CREATING GRANT OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND. This problem is critical, because no development can take place that would be inconsistent with these easements and rights without the amendment of the easements and rights, short of the exercise of eminent domain. A property owner who might be interested in developing its property in accordance with the proposed standards would find that the easements and other rights which affect his property would not allow the proposed development. Unless all of the property owners would be willing to amend their property rights, and all of their lenders would be willing to consent to those amendments, the proposed rezoning does not provide any meaningful opportunities for change. The proposed rezoning, even with the provisions for non - conforming uses, would only discourage the existing property owners from investing in those buildings and properties. The requirements for parking lot screening, street orientation and transparent facades, as examples, only serve to discourage property owners from improving their existing properties. The businesses along this portion of Wadsworth Boulevard provide substantial sales tax revenue to the City of Wheat Ridge. Any evaluation of the proposed rezoning should consider seriously whether the types of businesses that would occupy the proposed development would produce sales tax revenue that would replace the sales tax revenue generated by the existing businesses. Additionally, this concept of pedestrian- friendly development is not appropriate for this location. The portion of Wadsworth Boulevard proposed for this change is immediately south of Interstate 70 — a large and very busy multi -lane highway. There is no prospect that Interstate 70 will ever be relocated away from its current location. The most likely future for Interstate 70 will be continued expansion. hnterstate 70 serves as an almost complete barrier to persons coming on foot or by bicycle from north of Interstate 70. Additionally, the exit and entrance ramps on the south side of Interstate 70 make getting to this portion of Wadsworth Boulevard, t00275186.DOC 21 City of Wheat Ridge Community Development Department ATTN: Sarah Showalter December 10, 2010 Page 3 north of the interstate, also problematic and dangerous for pedestrians. Each of Wadsworth, 40 Avenue and 38 Avenue are major thoroughfares. Pedestrians will not easily be strolling across Wadsworth to window shop and explore. Additionally, this portion of Wadsworth Boulevard is not within a meaningful proximity to the FasTracks station proposed for the Gold Line to take advantage of the transit- oriented development possibilities. The proximity of Interstate 70 serves to provide a serious detriment to any residential development that would be proposed for these properties along Wadsworth- -one of the goals of the proposed changes. The noise alone would discourage residential living. Additionally, the residential development planned in the proposed rezoning would be on the upper floors of vertical development. Those upper floors would be even more adversely affected by the noise from Interstate 70, Wadsworth Boulevard, 40' Avenue and 38' Avenue. The vision of a town center, as contemplated by the proposed rezoning, does not have a strong track record of success. Before any rezoning is adopted, other attempts at creation of town centers should be examined to evaluate the factors that led to success or failure. The most recent example in the metropolitan area was the attempt in Aurora, which has not yet succeeded in creating a pedestrian- friendly town center. In other locations where a town center has been created, the first, and most significant differentiating factor has been the fact that the entire property involved has been under the control of a master developer. Both Belmar and the Stapleton Town Center had that advantage. Here the properties covered by the proposed rezoning are owned by a fairly large number of owners, some of whom own large parcels and some of whom own small parcels. Both Belmar and Stapleton also had the advantage of being large parcels where the entire parcel was going to be developed over time. Both were designed with adjacent high density residential complements. The Wadsworth corridor does not have either of those advantages. Neither Belmar nor the Stapleton Town Center has a sufficient track record to determine if this type of town center development will be successful in the long term. Pacific Realty Associates, L.P.has significant experience in mixed use development. It is the developer of the 200 -acre nationally recognized Orenco Station in Hillsboro, Oregon. This project was awarded the National Home Builders Association "Best Planned Community in America" in 2000 and the "ULI Top 10 Communities in the World" in 2002. Pacific Realty Associates, L.P. believes the requisite components for successful mixed use development does not exist in this Wadsworth Boulevard location. (00275186.DOC 2) City of Wheat Ridge Community Development Department AT Sarah Showalter December 10, 2010 Page 4 Pacific Realty Associates, LP strongly opposes the proposed rezoning. If the proposed rezoning proceeds, Pacific Realty Associates, LP would request that the boundary of the proposed rezoning ends at the south side of 40 Avenue, or that the Pacific Realty Associates, LP property be excluded from the proposed rezoning. Very ly yours, ichael A. Smith MAS.jc Attachment t00275186.DOC 21 City of Wheat Rdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 P: 303.235.2857 April 212011 Mr. Michael A. Smith Jacobs Chase Attorneys 1050 17` Street, Suite 1500 Denver, CO 80265 Re: City - Initiated Rezoning of the Wadsworth Corridor Dear Mr. Smith, I am writing in response to your letter, dated December 10, 2010, which you wrote on behalf of your client, Pacific Realty Associates, LP, the owner of 7525 W. 44 °i Avenue. 1, along with the Community Development Director, Kenneth Johnstone, attempted to set up a conversation with you and your client to discuss your client's reasons for opposing the rezoning. Since we have not heard back from you or your client, we wanted to send a letter addressing the concerns raised in your letter from December. As indicated during a brief phone call on March 21, 2011, the Wheat Ridge City Council adopted a resolution on March 14, 2011 that officially started the process of a legislative rezoning of properties on the Wadsworth corridor, roughly between W. 35 and W. 45 Avenues, to the Mixed Use - Commercial (MU -C) zone district. The resolution included a map (enclosed) depicting the proposed rezoning area, which includes your client's property. The boundaries of the rezoning area align with the urban renewal areas, established in the 1990s, along Wadsworth Boulevard. We have reviewed your client's reasons for opposition to the proposed rezoning to MU -C. We are aware of the easements and covenants that encumber your client's property and the limitations that this creates for new development on the property. However, this situation is also true under your client's current zoning, Commercial -One (C -1), due to an architectural overlay that was put in place with the adoption of the Architectural and Streetscape Design Manual (ASDM) in 2007. Your client's property is within the Contemporary Overlay, which has build -to requirements very similar to those in the MU -C zone district, as well as architectural requirements that, in some cases, are less flexible than those in the MU -C zoning. While the easements and covenants that encumber your client's property pose some challenges to redevelopment of the site, they in no way preclude new development that would comply with the proposed MU -C zoning. It is possible that the various property owners subject to the restrictions would agree to amending the restrictions. It is also possible that, in the future, one owner would gain control of all of the properties and have the ability to amend or terminate the restrictions. The document that establishes the easements and covenants is a private agreement that could change, that expires in 2023, and that is not directly related to the zoning of the site. www.ci.u,heatridge.co.us We understand your client's position that Wadsworth has traditionally been an auto - oriented street. We purposely developed the MU -C zone district to encourage a greater mix of uses and an increased emphasis on the pedestrian, while also recognizing the auto- oriented nature of this major arterial. For that reason, several car - focused uses such as auto repair (with no outdoor display) are allowed as conditional uses. This means that these uses are allowed, subject to an administrative review focused on site design in order to mitigate impacts on neighboring properties. We would also like to emphasize that the City's adopted plans for the area, including the Wadsworth Subarea Plan (2007) and the City's Comprehensive Plan, Envision Wheat Ridge (2009), call for the transformation of the Wadsworth area with higher- density, mixed use development. The intent of the rezoning is to help enable such changes over the coming decades. In response to your client's concern that the new zoning would discourage existing property owners from investing in their properties, there is language in the MU -C zoning that allows some flexibility for existing structures. For example, an existing building can expand up to 15 percent without having to meet the requirements of the code. Second, an existing building that is nonconforming due to design requirements in the code may be altered or expanded as long as the nonconformity is not made any worse. This means that a property owner could upgrade an existing fapade, for example, without having to meet the transparency requirements in the code. Overall, the proposed rezoning to MU -C is intended to be a win -win for the City and property owners. It increases the development options for properties through higher allowable densities, a wide range of permitted uses, reduced open space requirements, and flexible parking requirements. In addition, the MU -C zoning creates a streamlined, administrative review process for all new development proposals. I hope that this letter helps to clarify some of the issues related to your client's concerns. Please do not hesitate to contact me or Kenneth Johnstone to discuss any of these points in further detail. Sincerely, Sarah Showalter, AICP, LEED AP Planner II JACOBS CHASE June 13, 2011 City of Wheat Ridge Community Development Department 7500 West 20 Avenue, Second Floor Wheat Ridge, Colorado 80033 ATTENTION: Sarah Showalter sshowalter (a)ci.wheatridee.co.us Michael A. Smith (303) 389-4643 ms UQawbsame.wm Re: REZONING OF WADSWORTH BOULEVARD — WEST 38 TO WEST 4e Dear Ms. Showalter: I am writing on behalf of Pacific Realty Associates, LP, which is the owner of the property located at the northeast comer of the intersection of 40 Avenue and Wadsworth Boulevard in Wheat Ridge. This letter is in response to your letter of April 21, 2011. In addition to the objections that I raised on behalf of Pacific Realty Associates, LP in my December 20, 2010 letter, your letter prompts additional questions and objections. First, let me point out that, in order for any development of the property to be successful under the proposed new zoning, something has to happen on the part of the owners of my client's property, as well as any other property that has an interest in the common easements. Additionally, any property lenders having a lien against the property must consent to any changes. The City's premise is that something is "possible". "Possible" does not lead to a necessary conclusion that any redevelopment will happen and, if it happens, will be successful. You make reference to the 2007 Architectural and Streetscape Design Manual and its potential effect on my client's property and the general neighborhood. The fact that little has occurred along this portion of Wadsworth Boulevard using the new standards contained in the 2007 Architectural and Streetscape Design Manual is telling. Property owners have not engaged in any significant redevelopment or improvement of their properties in response to the 2007 Architectural and Streetscape Design Manual. There has been no groundswell of participation in the new standards. This lack supports the point I made in my December letter. This location does not lend itself to the type of redevelopment that has been successful in other locations. There are few true success stories in this type of rezoning, as I pointed out in my 050 17th Street Suite 1500 Denver, CO 80265 303- 685 -4800 303 - 685 -4869 fax (00283004.DOC 2) w Jacobschase.com City of Wheat Ridge Community Development Department ATTN: Sarah Showalter June 13, 2011 Page 2 December letter. And there are far more examples of this type of attempt that are unsuccessful than have been successful. Right now, the City's existing and proposed development restrictions do not foster redevelopment for the existing property owners and uses. Instead, the effect will be that the existing property owners have an economic incentive to not make changes to or redevelop their properties. The most logical financial response is to minimize investment in properties which are in the proposed rezoning area. Finally, the map itself poses some very interesting questions. For example, the properties along the east side of Wadsworth Boulevard, from 35 to 38 are not included, while the properties on the west side of Wadsworth Boulevard, from 35 to 38 are included. The most glaring omission is the southeast comer of Wadsworth Boulevard and 40 Avenue. Three of the four corners of that intersection are included in the proposed rezoning, while the fourth comer is excluded. The map of the proposed Commercial MU -C district shows that my client's parcel is an isolated island on the northeast end of the district. The boundaries indicated that there is a two block section of the east side of Wadsworth and a two block section on the south side of 44 that are not included. These gaps defeat the purpose of a pedestrian friendly district. The two block gap as a pedestrian walks north along the east side Wadsworth will discourage pedestrian traffic from proceeding any further north than 42 Street. And the exclusion of the south side of 44 means that the businesses on the north side of 44 are also disadvantaged. The exclusion of the southeast quadrant of Wadsworth and 44 does not make sense. If the intent is to create a pedestrian friendly development scheme, leaving out key parcels is a critical flaw, especially at a major intersection. Since the City finds it critical to exclude that parcel, the north east quadrant is not enhanced by the proposed rezoning. It does not become a parcel that supports pedestrian friendly development. In your letter, you posit that one owner might gain control of all of the properties. If the City is interested in creating new pedestrian centric development, then that is probably the best option. My client would be willing to discuss the possibility of selling its parcel to the City so that the City can proceed to carry out the type of development that the City desires. Again, my client, Pacific Realty Associates, LP strongly opposes the proposed rezoning. If the proposed rezoning proceeds, Pacific Realty Associates, LP would request that the boundary of the proposed rezoning ends at the south side of 4 , e Avenue, or that the Pacific Realty Associates, LP property be excluded from the proposed rezoning. Either of those results is consistent with the exclusion of the 100283004.DOC 21 City of Wheat Ridge Community Development Department ATFN: Sarah Showalter June 13, 2011 Page 3 southeast comer of the Wadsworth and 40 intersection and the exclusion of the east side of Wadsworth between 35 and 38 4 urs, mith MAS:jc t00283004.noc21 Attachment 4 City of Wheat�dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -800I P: 303.235.2846 F: 303.235.2857 May 17, 2011 Dear Property Owner, On March 14, 2011 the Wheat Ridge City Council formally initiated a legislative rezoning of properties located on the Wadsworth Boulevard corridor, roughly between W. 35"' and W. 45"' Avenues (please see enclosed map for the boundaries of the rezoning area). The rezoning would apply the Mixed Use - Commercial (1v1U -C) to all of the properties in the rezoning area. The purpose of the rezoning is to help implement the vision for Wadsworth to be redeveloped with higher - density, mixed -use development, as established in the Wadsworth Corridor Subarea Plan (2007) and the City's Comprehensive Plan, Envision Wheat Ridge (2009). The City started work on mixed use zoning targeted for Wadsworth and other priority redevelopment areas in early 2010. That process involved a meeting with property owners in the targeted rezoning area. Staff also held a meeting for property owners on November 9, 2011 to inform them of the MU -C zoning and seek input on a City - initiated rezoning for the corridor. Since the rezoning was formally initiated by City Council on March 14, the City held a neighborhood meeting for all property owners within 600 feet of the rezoning area on April 13, 2011. Now that the neighborhood meeting is complete, the next steps in the rezoning process are public hearings before Planning Commission and City Council. At the Planning Commission Public Hearing, the Commission will recommend either approval or denial of the rezoning. City Council will then vote to approve or deny the rezoning at a final Public Hearing. The purpose of this letter is to inform you that the City is proceeding with the public hearings for the Wadsworth rezoning on the following dates: (1) Planning Commission Public Hearing —June 16"' at 7pm (2) City Council Public Hearing — July I I at 7pm Both meetings will be held at Wheat Ridge City Hall, 7500 W. 29 Avenue, in the City Council Chambers on the first floor. These public hearings represent the final opportunity for property owners to comment on the proposed rezoning. If you have specific questions about the proposed MU -C zoning or the meeting dates outlined above, please contact Sarah Showalter, Planner H, at 303 - 235 -2849. Sincer 1 � X Kenneth Johnstone, AWP Community Development Director Attachment 5 www.ci.wheatridge.cam s 43 City of Wheat dge COMMUNITY DEVELOPMENT .._......_... ___ _.__._. .... -- ---- - ------- City of Wheat Ridge Municipal Building 7500 W. 20 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: April 13, 2011 Attending Staff: Kenneth Johnstone, Community Development Director Sarah Showalter, Planner II Lauren Mikulak, Planner I Location of Meeting: City of Wheat Ridge Municipal Building 7500 W. 29` Avenue Wheat Ridge, CO 80033 Land Use Proposal: City- initiated rezoning of the Wadsworth Corridor to Mixed Use - Commercial (MU -C); proposed rezoning boundary is the area within the urban renewal area Attendees: Jackie Ingenthrone Tom and Gay Anne Fey At Buerger Jeff Sparkman Dave and Debbie Dowda Don Matoush Ana and Lynne Martineli David Gardenas Susan Peguero Linda Wolf Katie and John Field John Bever Dan Boise Chad Harr Todd Hammond F. Schiller Deanna Leind Lorraine Newmann Maria Nunez John Minshall Alice and Richard Doyle Scott Ohm Jerry Roach Jen Embree -Bever Rolly Sorrentino Margaret Schalt ATTACHMENT 6 w .eimheatridge.co.us Existing Zoning: Neighborhood Commercial (N -C), Restricted Commercial (R -C), Commercial -One (C -1), Commercial -Two (C -2), Planned Commercial Development (PCD) Comprehensive Plan: Mixed Use Town Center; Primary Commercial Corridor Wadsworth Subarea Plan: Medium to High Density Mixed Use Existing Site Conditions: The proposed area for rezoning encompasses over 60 properties along the Wadsworth corridor, roughly between W. 35 Avenue and W. 45 Avenue. The proposed rezoning boundaries follow the urban renewal boundaries for this area. The properties that compose the rezoning area consist of a wide range of commercial uses and all have a commercial zoning designation today (C- 1, C -2, N -C, R -C or PCD). There are a few properties with residential uses and commercial zoning. Wadsworth Boulevard is a 5 -lane commercial arterial, owned by the Colorado Department of Transportation (CDOT). Applicant /Owner Preliminary Proposal: The Wadsworth corridor, between W. 38' and W. 44' Avenues, is designated in the City's plans as a priority area for mixed use, medium- to high - density redevelopment. The Wadsworth Corridor Subarea Plan, adopted in 2007, designates this portion of the corridor for future medium- to high- density development with a mix of land uses. This vision was refined in the City's recently adopted Comprehensive Plan, Envision Wheat Ridge, which designates Wadsworth as a primary commercial corridor and calls for a mixed use town center between W. 38 and W. 44 Avenues. Envision Wheat Ridge identified this area of Wadsworth as one of five priority redevelopment areas and recommended the development of new mixed use zoning that could be utilized on Wadsworth, along with other priority redevelopment areas, to allow and encourage high - quality, mixed -use development. To this end, the City developed a mixed -use zoning ordinance that was adopted by City Council in September, 2010. One of the mixed use zone districts, Mixed Use - Commercial (MU -C), was specifically designed for major commercial arterials like Wadsworth. The zoning is intended to allow greater flexibility than the existing commercial zoning in the area (particularly by allowing residential uses), to ensure quality design through the incorporation of design standards, and to create a streamlined development review process for any new development under the MU -C zoning. In order to help implement the City's plans for Wadsworth and establish zoning that will allow for medium- and high - density mixed use development, City Council adopted a resolution on March 14, 2011 to pursue a comprehensive legislative rezoning of the Wadsworth corridor. The following is a summary of the neighborhood meeting: Staff presented a 30- minute overview of the proposal. The presentation addressed the following topics: o Purpose of the neighborhood meeting o Overview of the current zoning o Overview of the proposed boundary and proposed zoning o History of the City's planning efforts along the corridor, including the Wadsworth Subarea Plan and Envision Wheat Ridge • Overview of the Mixed Use - Commercial zone district, including: allowable uses, building height, and architectural standards • Overview of the rezoning process • Overview of the site development process (assuming MU -C zoning is approved), including the concept plan and site plan review procedures Staff informed attendees of the anticipated Planning Commission and City Council public hearings. The hearings are required parts of the rezoning process at which members of the public will be able to comment on the proposal. Notification of the hearings will be posted on the City website and in the Transcript, but there will be no mailings to property owners. The following issues were discussed regarding the rezoning proposal: Wadsworth is already very busy road, and the proposed mixed use zoning could attract additional traffic. What plans does the City have for widening Wadsworth Boulevard, so it can handle the additional traffic? Wadsworth Boulevard is planned to be upgraded to a 6 -1ane facility within a 150-foot right -of- way envelope. Wadsworth is a state highway and is controlled by the Colorado Department of Transportation (CDOT). CDOT will be responsible for conducting environmental assessments and a public planning process to identify a final roadway design for the corridor. The City's Department of Public Works is working with CDOT to secure funding for these processes, but it will likely be at least a couple ofyears before they begin. In the meantime, new development will be subject to the requirements of the Streetscape Design Manual which will help to improve the pedestrian environment along Wadsworth before and after the road is widened. Are there currently any development proposals for the west side of Wadsworth between W. 38 and W. 35 Avenues (vacant land and the former GO Ford dealership)? No; no specific development proposals have been identified for the site at this time. City Council has identified the property as a high priority redevelopment area and will be defining their vision for the site in the upcoming months. Why is the southeast corner of Wadsworth and W. 38 Avenue not included within the boundary for the proposed rezoning? This corner includes a church and residential neighborhood. The area is not included in the rezoning because it is not part of the urban renewal area. It was probably excluded from the urban renewal area because it is a well- established area and with no finding of blight. Will the intersection of W. 41 Avenue and Wadsworth (by the elementary school) become a signalized intersection? This intersection was identified as a signalized intersection in the Wadsworth Subarea Plan, but CDOT has not taken any action to put alight at this location. The signal was proposed as a tra c engineering solution to create better traffic flow and even spacing between 3e, 41 s `, and 44` Avenues. Discussion of signal locations will be part of CDOT's planning process if or when Wadsworth is widened. The vacant lot at W. 35 Avenue and Wadsworth (south of the former Ford dealership) used to be a running water wetlands, but it currently retains stagnant water. Does this standing water have to stay? To accommodate regional water flow and meet water detention requirements, it probably needs to remain. The water stagnancy may be a reflection of recent drought conditions. Future developers may reengineer the water detention facility to improve its function and flow. (Some discussion followed regarding unsuccessful attempts to drain this facility by developers in the past.) There are no sidewalks along Wadsworth from W. 35 to W. 38 Avenues. Are there any future plans to install sidewalks? The City wants to see sidewalks along Wadsworth from W. 35' to W 46' Avenues, and we can require that sidewalks be installed as new development occurs along the corridor. Typically a right -of -way reservation will be required with new development to accommodate the future widening of Wadsworth. Based on the reservation, the City will estimate where developers can put sidewalks now so they remain intact even as the road is widened in the future. How will the neighborhoods on the east and west sides of Wadsworth be connected, and will there be improved ways to cross Wadsworth as a pedestrian? Different options for crossing Wadsworth will be considered during CDOT's planning process for the roadway widening. Future crossings will probably continue to be at grade (as opposed to an elevated walkway), however there are improvements that can be considered to make the crossing feel more safe. For example, medians would allow pedestrians to stop safely in the roadway and adjusted signals would allow more time for crossing. Will the mixed use zoning allow six (6) story apartment buildings? It depends. The Mixed Use - Commercial zone district only allows six (6) story structures for mixed use buildings. For example, if the first floor contains commercial uses, an additional five (5) stories may include residential uses. Single use buildings in the MU-C district are only allowed up to four (4) stories. For point of reference, the Commercial -One (C -1) zone district currently allows structures up to 50 feet in height. If the mixed use zoning is approved, how do you prevent the construction of thousands of rental apartments in six (6) story buildings? The zoning code does not distinguish between renter- occupied and owner - occupied residential units, and six (6) story structures would only be allowed for mixed use buildings. Based on market conditions and preliminary utility capacity studies, it is unlikely that the corridor will be able to support thousands of new residential units. That being said, there is the potential for several hundred new residential units, and the City is encouraging this type of development. New residential construction attracts more people to the corridor, supports business in the area, and provides more housing options for the City. For a variety of reasons, the City wants more people living and working along Wadsworth. Will there be a new public library on Wadsworth? There is currently no proposal for a new library on Wadsworth, although civic uses are allowed and encouraged under the mixed use zoning. If the rezoning is approved and existing property owners want to make improvements to their property, will they be subject to the new architectural standards? The Community Development Department has met with many property owners along the corridor and recognizes the limitations of existing properties. In response, the mixed use code includes language that provides some relieffor current structures that do not meet the architectural requirements in the code. If an existing structure is expanded by more than 15% of the gross floor area, the new standards will apply to the expansion, where practical. The residential transition requirements address new mixed use development adjacent to single- and two- family uses. What are the setback requirements for mixed use development next to the Residential -Three (R -3) zone district (where there is multi - family residential)? Residential transition and upper story stepbacks are required where new mixed use development abuts residentially or agriculturally zoned lots that contain single- or two-family residential uses. These upper story stepbacks do not apply where new development is adjacent to properties zoned R -3, however there are other setbacks and buffers that will apply. For example, surface parking lots on MU-C property are subject to landscape buffer requirements, and all other development is subject to a 5-foot rear yard setback If the rezoning is approved, how soon can someone build and be subject to the mixed use requirements? The Wadsworth rezoning is expected to be approved by late summer, and the mixed use zone district would become effective 15 days after City Council approval. When the property at 44'" and Wadsworth was rezoned, wasn't there discussion of including County buildings? Is Jefferson County still expected to build on that site? The Urban Renewal Authority has been negotiating with potential end users of this site. While Jefferson County had indicated significant interest in locating services at 44` and Wadsworth, they have since withdrawn from the site. A recent change in County Commissioners has resulted in a review of the County's capital investment budget. At this point there are no plans for a County building on the site. Didn't City Council approve $1 million for infrastructure at 44 and Wadsworth to attract the County to the site? City Council did authorize money to supplement the Urban Renewal Authority in the short -term for infrastructure costs. They are using some of that money now for demolition of the existing structures, and will continue to use the funds for infrastructure regardless of whether the County is an end user on the site. Within the proposed boundary are you planning to rezone only the C -1 properties to MU -C? No, the proposal includes rezoning all parcels within the boundary to Mixed Use - Commercial. This includes properties that are currently zoned Neighborhood Commercial (N-C), Restricted Commercial (R-Q, Commercial -One (C -1), Commercial -Two (C -2), and Planned Commercial Development (PCD). What is the timeline for this rezoning process? Although it is not a required step in the rezoning process, our next action will be a study session with City Council. After the study session there will be a public hearing before Planning Commission, followed by a public hearing before City Council. The City Council public hearing is expected to take place sometime in mid to late summer. COUNCIL BILL 22: An ordinance approving the comprehensive rezoning of property along the Wadsworth corridor. Amendment by Councilmember DeMott I move to amend the Section 5 of the Ordinance to read in its entirety as follows: Section 5: Effective Date. This Ordinance shall take effect days after final publication, as permitted by Section 5.11 of the Charter. Prior to said effective date, any owner of real property within the area rezoned described in Section 1 hereof may request that his or her property be removed from the area rezoned. Such request shall be in writing, shall describe with particularity the property requested to be removed from the area rezoned, shall be signed by all owners of record of said real property, and shall be delivered to the Director of Community Development. Upon receipt of a proper, signed request within the time period specified in this Section 5, said property shall be removed from the area rezoned and shall retain the zone designation applicable to it prior to the passage of this Ordinance. / O�n ` ^ d C. y l h C I /C,f��IrUUCV Or. 1►� City of � , M1_ C SC I vcy M�.J�...1 // snq �- Wheat�clge J 0 I)ATE: June 27, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22 -2011 - AN ORDINANCE APPROVING THE COMPREHENSIVE REZONING OF PROPERTY ALONG THE WADSWORTH CORRIDOR BETWEEN W. 35 AND W. 45 AVENUES TO THE MIXED USE - COMMERCIAL (MU -C) ZONE DISTRICT (CASE NO. WZ- 11 -03) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 READING (06/27/2011) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2 READING (07/11/2011) ❑ RESOLUTIONS ® NO Db .4 A9 City Manager ISSUE: The Wadsworth Corridor Subarea Plan, adopted in 2007, and the Envision Wheat Ridge comprehensive plan, adopted in 2009, call for medium and high density mixed use redevelopment along the Wadsworth Corridor between W. 35 and W. 45 Avenues. Both plans envision a mixed use town center with compact, pedestrian- friendly development on Wadsworth between W. 38 and W. 45` Avenues. In September 2010, City Council adopted new mixed use zone districts. One zone district, Mixed Use - Commercial (MU -C) was developed for primary commercial corridors like Wadsworth. The MU -C zoning creates a streamlined development process and encourages pedestrian- friendly, medium and high density mixed use development. In order to advance the City's goal of promoting mixed use redevelopment on Wadsworth, the City initiated a comprehensive rezoning of properties along Wadsworth, roughly between W. 35 and W. 45 Avenues, to the MU -C district. WZ -11 -03 Council.Action Form June 27, 2011 Page 2 PRIOR ACTION: City Council adopted a resolution to proceed with the proposed rezoning on March 14, 2011. City Council also held Study Sessions on the topic of the rezoning and outreach sessions to property owners on February 14, 2011 and May 2, 2011. Planning Commission voted unanimously to recommend approval of the rezoning at a public hearing on June 16, 2011. The attorney for the owner of 7525 W. 44 Avenue, located at the northeast corner of W. 44 and Wadsworth, provided testimony in opposition of the rezoning. He cited opposition from his client due to (a) a belief that the rezoning will not lead to a successful mixed use town center (b) concern that the new zoning would make property owners unlikely to invest in improving their property (c) existing easements and development restrictions on this and adjacent parcels that would make a mixed use development difficult to achieve. Planning Commission discussed the possibility of removing the property (7525 W. 44 Avenue) from the rezoning area but ultimately decided that it should be included since the existing use on the lot would be legally conforming under the MU -C zoning and because, if someone did assemble land at this corner in the future for a mixed use development, the zoning for one of the parcels would remain C -1 and would not support mixed use redevelopment. Meeting minutes from the Planning Commission Public Hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. However, the new zoning should enable redevelopment that will advance the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The property to be rezoned includes multiple parcels on or near Wadsworth Boulevard between W. 35 and W. 45 Avenues. All of the properties in the rezoning area fall within the Wadsworth Corridor and Times Square Urban Renewal Areas. The majority of the rezoning area includes commercial and retail uses however there are some properties that contain multifamily residential uses. Wadsworth is a state -owned highway and major commercial arterial that serves regional vehicular and bus traffic. Existing Zoning The majority of the rezoning area is currently zoned Commercial One (C -1). There is one small area zoned Commercial Two (C -2), one small area zoned Neighborhood Commercial (N -C), and a handful of parcels zoned Restricted Commercial (R -C). The rezoning area also includes three Planned Commercial Development (PCD) zoning designations. While there are a few properties that currently have residential uses, there are no properties with residential zoning in the rezormng area. Council Action Form June 27, 2011 Page 3 Overall, the existing commercial zoning in the area allows for a wide range of commercial uses, especially in the C -1 district. The existing commercial zoning places considerable restrictions on residential development, including the following conditions: • No new residences as a primary or principal use shall be allowed The amount of floor area devoted to commercial use must exceed the amount devoted to residential use Residential use density shall not exceed one dwelling unit per 5,000 square feet (roughly 8.7 units per acre) In terms of building height, the current zoning limits commercial buildings to a maximum of 50 feet and any building with a residential use to a maximum of 35 feet. Any development under the current zoning would also be subject to the Architectural and Site Design Manual (ASDM). The ASDM contains site and building design standards that encourage quality architecture and pedestrian- friendly design. Surrounding Zoning and Land Uses The proposed rezoning area is surrounded by both commercial and residential zoning. The east and west boundaries of the rezoning area are generally bordered by residential uses in established residential neighborhoods. Toward the northern and southern ends of the rezoning area, existing land uses include commercial and residential uses. Adopted Plans for Wadsworth The City is proposing that the subject property be rezoned to Mixed Use - Commercial (MU -C), a zone district that allows a wide range of uses — including commercial, civic, and residential uses — and that encourages mixed use development. The proposed zoning is consistent with the City's adopted plans for the Wadsworth corridor. The City has two recently- adopted plans that establish the goals and policies for the future of Wadsworth: Wadsworth Corridor Subarea Plan Adopted in 2007, this plan calls for the redevelopment of Wadsworth with mixed use, medium and high density development. The proposed rezoning to the MU -C zone district will enable the redevelopment of the Wadsworth corridor over time in a manner that fits goals in the Subarea Plan, including the development of a mixed use town center on Wadsworth and an increase in density along the corridor to provide a critical mass of uses and residents to support businesses in the area. Comprehensive Plan Envision Wheat Ridge, the comprehensive plan adopted in 2009, also promotes the vision for Wadsworth to become a mixed use town center. The plan identifies the Wadsworth corridor as one of five priority redevelopment areas in the City and specifically recommends that the City, in collaboration with economic development partners, guide the development of a pedestrian- friendly, mixed use town center at this location. Council Action Form June 27, 2011 Page 4 Proposed Zoning: Mixed Use - Commercial (MU -C) District The MU -C zone district is intended for major commercial corridors and community activity centers. It permits a wide range of land uses and encourages quality, higher density, mixed use development. Allowed Uses The MU -C zone district allows a wide range of commercial, retail, civic, and residential uses. Unlike the commercial zoning that is prevalent on the Wadsworth corridor today, it does not contain restrictions that make residential development difficult to attain. While there are many land uses allowed under MU -C zoning, several higher- impact and auto - oriented uses are conditional uses, which require an additional administrative review by staff to ensure that the building and site design have as few negative impacts as possible. New drive - through uses also have separation requirements to ensure that they do not become a dominate use in one particular area. Building Height and Density The MU -C zone district does not contain a unit per acre limit on residential development. Instead, it regulates density through building height, setbacks, and open space requirements. Buildings are allowed up to a height of four stories. To incentivize mixed use development, buildings that contain a mix of land uses (such as office and retail, or retail and residential) may be as high as six stories. Open Space Requirements Under the MU -C zoning, for single -use development, 15% of the net development area must be open space. Mixed -use development has a 10% open space requirement. At least 75% of all open space must be usable open space, such as parks and plazas. Residential Transitions In an effort to protect existing residential neighborhoods, the MU -C zone district contains specific requirements for new development that is adjacent to residential uses. Where any parking lot or drive- through abuts a lot that has a residential use, screening must be provided (including a six -foot tall wall/fence or hedge and a six -foot wide landscaped buffer). For any new building that is adjacent to a lot with a single- or two- family residential use that has residential or agricultural zoning, the following regulations apply: • A minimum 10 -foot wide landscape buffer for one or two- story buildings. The buffer must be 15 -feet wide for a three -story building, and 20 -feet wide for buildings four stories or taller. • In addition to the landscaped buffer, buildings over two stories must step the upper floors back an additional five feet per story for the third or forth stories. • Any portion of a building within 100 feet of a residential use may not be taller than four stories (except where an arterial or collector street separates the new building from the residential use). Council Action Form June 27, 2011 Page 5 Architectural Standards With the goal of ensuring high- quality development, the MU -C zone district contains architectural standards. The design standards include: • Requirements for fagade articulation and material variation • A build -to requirement that places buildings close to the street, with parking at the side or in the rear. The build -to requirement in the MU -C district is flexible, allowing a 0 -20 foot build -to zone for 50% of the lot frontage, to enable a wide range of building types • Transparency requirements at the ground floor to help create active and interesting ground floor facades • Screening and placement requirements for drive - throughs • Screening requirements for utilities and loading areas Process Outreach to Property Owners Staff started outreach to property owners about a potential City- initiated rezoning in January 2010 at the Wadsworth Summit. At this time, the MU -C zoning was still being drafted and staff requested feedback from property owners on the content of the code, as well as whether they were in support of a City- initiated legislative rezoning. Sixty -seven percent of property owners who completed a survey said that they were strongly in favor of a legislative rezoning and 25% said that they were somewhat in favor. Based on this high level of interest, staff held a study session with City Council in the summer of 2010 to discuss proceeding with a legislative rezoning along Wadsworth once the new mixed use zoning was adopted. City Council directed staff to proceed with a potential rezoning, but to first conduct additional outreach to property owners, including another survey. City Council adopted the mixed use zoning in September of 2010. Two months later, staff held a meeting for all property owners in the target rezoning area on Wadsworth to share the newly adopted code and ask again whether there was support for a legislative rezoning. Staff also mailed a survey to every property owner in the rezoning area asking them to state support or opposition for the rezoning. Of the 56 surveys mailed, 13 were returned. Ten owners stated support and three owners indicated opposition. At a study session with City Council in February of 2011, City Council directed staff to move forward with the rezoning but to directly contact the three property owners who expressed opposition. Staff met with the two owners who live in Colorado to discuss their concerns. After meeting with staff, both owners are now in favor of the rezoning. The third owner who expressed opposition is out -of -state and owns the property at 7525 W. 44 Avenue, which is currently leased to a Pep Boys facility. Staff has spoken on the phone and exchanged letters with the owner's attorney (see attachment 2). Reasons cited for opposition include existing easements and development restrictions that are recorded on the property and other adjacent properties, as well as concern that the mixed use zoning will not lead to successful mixed use development in the area. While it is true that the easements and restrictions on the property would need to be removed in order for any significant redevelopment of the land to occur, the proposed new zoning would not directly impact any privately recorded restrictions on Council Action Form June 27, 2011 Page 6 the land. Staff has exchanged letters with the owner's attorney and requested to speak directly with the owner via phone regarding their concerns, but thus far the owner has not responded beyond the attorney's letters. Most recently, staff mailed another letter to all property owners in the rezoning area to notify them that the rezoning is moving forward (see Attachment 4). The letter included the dates for the Planning Commission and City Council public hearing dates and informed owners that the public hearings were their final opportunity to comment on the proposed rezoning. A map showing current owner responses to the survey mailed in late 2010 is included in Attachment 3. Code - Required Process for Comprehensive City- Initiated Rezonings Section 26 -113 of the Wheat Ridge Zoning Code allows the City to initiate rezonings without consent of affected property owners. The first step in the process is for City Council to adopt a resolution that indicates the proposed area to be rezoned and states the intended purpose of the rezoning. This was completed on March 14, 2011. The next step is for the City to hold a neighborhood meeting, to which any property owner within 600 feet of the site is invited. The City held a neighborhood meeting on April 13, 2011 (please see neighborhood meeting notes in Attachment 5). Meeting attendees asked questions about how the new zoning might impact future development on Wadsworth. They also asked questions about the future of Wadsworth in general, including the potential for the street to be widened in the future. After the neighborhood meeting, the proposed rezoning must go to a public hearing before Planning Commission, who shall make a recommendation to City Council to approve, approve with modifications, or deny the rezoning proposal. Upon receipt of the Planning Commission's recommendation, the City Council shall hold a public hearing on the proposal and shall vote to approve, approve with modifications, or reject the proposal. City Council's decision shall be based on the facts presented in the public hearing in consideration of the criteria for review specified in Section 26 -112D. Staff has provided an analysis of the zone change criteria, outlined as follows: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; or Staff has not found any evidence that there is an error with the current zone districts as they appear on the City zoning map. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. The Wadsworth corridor has seen significant change over the past few decades. Traffic congestion, underutilized land, and blight along the corridor led the City Council and Urban Council Action Form June 27, 2011 Page 7 Renewal Authority to adopt the Wadsworth Boulevard Corridor Redevelopment Plan in 2001. This plan, which coincides with the rezoning area, calls for the redevelopment of Wadsworth in order to remove blight, improve pedestrian safety, and provide economic benefits for the City as a whole. 3. The Planning Commission shall also find that the evidence supports the finding of at least four of the following: 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. The proposed zoning is consistent with the policies and goals in the City's Comprehensive Plan and the Wadsworth Corridor Subarea Plan. Both plans call for higher density, mixed use development along Wadsworth Boulevard. More specifically, the Comprehensive Plan identifies the land between W. 38 and W. 44 Avenues as a quality, mixed use town center. The proposed MU -C zoning, which encourages mixed use development and contains design standards, directly fits with these goals. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The proposed change of zone is compatible with the surrounding area, especially since Wadsworth Boulevard is a primary commercial corridor targeted for higher density commercial and mixed use development. Where there are existing residential neighborhoods adjacent to the rezoning area, required residential transitions in the MU -C code should help protect the character of these neighborhoods and ensure that there are minimal, if any, adverse impacts. c. There will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. The proposed zone change should be a benefit to the community. The new zoning will enable mixed use redevelopment of an urban renewal area, bringing new uses that are likely to improve the character of the street, generate sales tax for the City, create housing to attract new residents, and provide a balanced mix of land uses. The new zoning also requires that any new development provides new open space, which will benefit the community. d. Adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. Any new development under the proposed MU -C zoning will be required to complete a site plan review process, which includes referral to all impacted utility agencies. Where utility Council Action Form June 27, 2011 Page 8 upgrades are needed to service new development, the applicant will be required to provide those upgrades. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. The change of zone will not adversely affect public health, safety or welfare. While the new zoning would allow high- density development that could generate additional traffic, it is not clear that development under the proposed zoning would generate any more traffic than might occur with development under the existing commercial zoning along the corridor. Any larger proposed development under the new MU -C zoning would be required to complete a traffic study as part of the site plan submittal and to install infrastructure and traffic signal improvements as required by Public Works. Development proposals will also be required to meet stormwater drainage and water quality requirements in order to be approved, thus no drainage problems are anticipated. 4. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. This criterion is not applicable since the Architectural and Site Design Manual does not apply in the MU -C zone district. RECOMMENDATIONS: The proposed MU -C zone district would encourage the type of quality, mixed use development that is called for in the City's plans for Wadsworth. Key aspects of the MU -C zone district that would promote the mixed use redevelopment of this site include: • A streamlined development review process • A wide range of allowable land uses, including residential • Architectural standards, such as build -to requirements and ground floor transparency, that encourage quality design but allow for more flexibility than the ASDM, which currently applies to the site • Higher allowable building heights and densities • Flexible parking requirements • Requirements for residential transitions that will help protect the existing residential neighborhood close to the site For these reasons, the proposed rezoning would help advance redevelopment of a priority area within the City, enabling high - quality mixed use development that fulfills the City's adopted plans for a mixed use town center on Wadsworth. "I move to approve Council Bill No. 22 -2011 an ordinance approving the comprehensive rezoning of property located along the Wadsworth corridor between W. 35` and W. 45a' Council. Action Form June 27, 2011 Page 9 Avenues to the Mixed Use - Commercial (MU -C) zone district, on first reading, order it published, public hearing set for Monday, July 11, 2011, at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 22 -2011 an ordinance approving the comprehensive rezoning of property located along the Wadsworth corridor between W. 35 and W. 45 Avenues to the Mixed Use - Commercial (MU -C) zone district for the following reason(s) REPORT PREPARED BY: Sarah Showalter, Planner II Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 22 -2011 2. Letters from the attorney representing the owner of 7525 W. 44 Avenue 3. Map showing property owner responses to the survey on rezoning 4. Letter to property owners with notification of public hearings 5. Neighborhood meeting notes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 22 ORDINANCE NO. Series 2011 TITLE: AN ORDINANCE APPROVING THE COMPREHENSIVE REZONING OF PROPERTY ALONG THE WADSWORTH CORRIDOR BETWEEN W. 35 AND W. 45 AVENUES TO THE MIXED USE - COMMERCIAL (MU -C) ZONE DISTRICT (CASE NO. WZ- 11 -03) WHEREAS, the City Council of the City of Wheat Ridge is authorized by Section 26 -113 of the Wheat Ridge Code of Laws to initiate rezoning of property; and WHEREAS, the City Council of the City of Wheat adopted a resolution on March 14, 2011 initiating the rezoning of property located along the Wadsworth Corridor Mixed Use - Commercial (MU -C); and WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the Envision Wheat Ridge comprehensive plan was adopted in 2009; and WHEREAS, both plans recommend that the Wadsworth corridor redevelop over time with a higher density, mixed use development pattern; and WHEREAS, the existing zoning designations in this area are commercial, which only allows for limited residential development; and WHEREAS, the rezoning of the property to Mixed Use - Commercial (MU -C) would support City's adopted policy for the corridor to redevelop over time in a higher density, mixed use pattern; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on June 16, 2011 and voted unanimously to recommend approval of rezoning to Mixed Use - Commercial (MU -C). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Pursuant to the findings made based on testimony and evidence presented at the public hearing before the Wheat Ridge City Council, Mixed Use - Commercial (MU- C) zoning is approved for the following land: Attachment 1 The area located generally north of West 35 Avenue, west of Upham Street, south of West 45 Avenue, and east of Yarrow Street, as shown on the below map. The area to be rezoned includes adjacent right -of -way, extending to the centerline of that right -of- way. ~ 45TH AVE Z Z 1.1f1�1�1� F 1.., N N y r ii N W N 4TH PL _ 3 0 a , ' } : z 44TH PL m W Q w N ! aninrmnnn�' IN - il�l•1�1 F I�I�I�I�I�V :— _- _44TH AVE l innnnI0 42ND AVE. I 'J�inn.uny ' r I I F V iin'i iun�n� THREE _A CRE LN T T 0 IN 41STAVE �. 4 , R IL E o� 31 0 rc '- • x M LE 319ii1 HAVE n innui.ui ALLISON cIR i O i m 38TH AVE - _ - ' 3 X I NINli` p N r Q W ~ i > . Z > IL > r nnn Ii m v. Z 36TH PL 36TH AVE ', A N _ N J Q • • 35TH PL r -' i 35TH AVE ml Section 2: Approval of this zoning does not create a vested properly 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 Council 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 objective sought to be attained. Section 4: Severability; Conflicting Ordinances 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 the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: Effective Date This Ordinance shall take effect fifteen 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 27th day of June, 2011, ordered it published with Public Hearing and consideration of final passage set for Monday, July 11th, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 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 2011. SIGNED by the Mayor on this day of 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: 1 ' 1 n,yv,u,R Y:S4r6?Y December 10, 2010 City of Wheat Ridge Community Development Department 7500 West 29' Avenue, Second Floor Wheat Ridge, Colorado 80033 ATTENTION: Sarah Showalter sshowalter@ci.wheatrid eg co.us Michael A. Smith (303) 3884843 r mil = =bschase.axn Re: REZONING OFWADSWORTH BOULEVARD — WEsT38 WEST 44 Dear Ms. Showalter: I am writing on behalf of Pacific Realty Associates, LP, which is the owner of the property located at the northeast corner of the intersection of 40 Avenue and Wadsworth Boulevard in Wheat Ridge. That property is occupied by a Pep Boys store. It is a large site, containing 113,974 square feet, on which there is located a 27,756 square foot building and an approximately 86,000 square foot parking lot. Last year, this parcel generated $33,827.28 in real property taxes and in excess of $200,000.00 in sales taxes. My client strongly opposes the proposed rezoning. Additionally, my client would request that their property not be included in the area of the proposed rezoning if the City Council decides to proceed ahead. My client's opposition is based on a number of points. The first point has to do with the encumbrances, easements and restrictions of record. This portion of Wadsworth Boulevard has been an automobile- focused development since it was initially developed. As a result, the development of the individual properties along this portion of Wadsworth Boulevard has proceeded using schemes that supported and enhanced commercial uses and development based on automobiles. An examination of the status of the underlying title to many of these properties, including my client's property, would indicate that there are complementary cross easements and access easements that burden and benefit many of these properties. These easements generally exist to provide access from Wadsworth, 40 and 38 to a group of businesses sharing a parking lot. and to provide back and forth access across shared parking lots to those businesses. Because these easements affect multiple properties, it would take the consent of all of the owners of the affected properties to -1050 17th Street Suite 1500 Denver, CO 80265 303 - 685 -4800 303 - 685 -4869 fax www.jacobschase.com Attachment 2 City of Wheat Ridge Community Development Department ATTN: Sarah Showalter December 10, 2010 Page 2 make any changes to those agreements. Additionally, the consent of any lenders who have encumbered any of these properties would also be required for changes. The Pacific Realty Associates, LP Property is encumbered by the attached AGREEMENT CREATING GRANT OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND. This document imposes a number of restrictions and easements on my client's property. Many of those restrictions are fundamentally inconsistent with the terms of the proposed rezoning, however, the proposed rezoning does nothing to eliminate or modify the provisions of the AGREEMENT CREATING GRANT OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND. This problem is critical, because no development can take place that would be inconsistent with these easements and rights without the amendment of the easements and rights, short of the exercise of eminent domain. A property owner who might be interested in developing its property in accordance with the proposed standards would find that the easements and other rights which affect his property would not allow the proposed development. Unless all of the property owners would be willing to amend their property rights, and all of their lenders would be willing to consent to those amendments, the proposed rezoning does not provide any meaningful opportunities for change. The proposed rezoning, even with the provisions for non - conforming uses, would only discourage the existing property owners from investing in those buildings and properties. The requirements for parking lot screening, street orientation and transparent facades, as examples, only serve to discourage property owners from improving their existing properties. The businesses along this portion of Wadsworth Boulevard provide substantial sales tax revenue to the City of Wheat Ridge. Any evaluation of the proposed rezoning should consider seriously whether the types of businesses that would occupy the proposed development would produce sales tax revenue that would replace the sales tax revenue generated by the existing businesses. Additionally, this concept of pedestrian- friendly development is not appropriate for this location. The portion of Wadsworth Boulevard proposed for this change is immediately south of Interstate 70 — a large and very busy multi-lane highway. There is no prospect that Interstate 70 will ever be relocated away from its current location. The most likely future for Interstate 70 will be continued expansion. Interstate 70 serves as an almost complete barrier to persons coming on foot or by bicycle from north of Interstate 70. Additionally, the exit and entrance ramps on the south side of Interstate 70 make getting to this portion of Wadsworth Boulevard, (00275186.DOC 2) City of Wheat Ridge Community Development Department ATTN: Sarah Showalter December 10, 2010 Page 3 north of the interstate, also problematic and dangerous for pedestrians. Each of Wadsworth, 44 Avenue and 38 Avenue are major thoroughfares. Pedestrians will not easily be strolling across Wadsworth to window shop and explore. Additionally, this portion of Wadsworth Boulevard is not within a meaningful proximity to the FasTracks station proposed for the Gold Line to take advantage of the transit- oriented development possibilities. The proximity of Interstate 70 serves to provide a serious detriment to any residential development that would be proposed for these properties along Wadsworth- -one of the goals of the proposed changes. The noise alone would discourage residential living. Additionally, the residential development planned in the proposed rezoning would be on the upper floors of vertical development. Those upper floors would be even more adversely affected by the noise from Interstate 70, Wadsworth Boulevard, 40' Avenue and 38 Avenue. The vision of a town center, as contemplated by the proposed rezoning, does not have a strong track record of success. Before any rezoning is adopted, other attempts at creation of town centers should be examined to evaluate the factors that led to success or failure. The most recent example in the metropolitan area was the attempt in Aurora, which has not yet succeeded in creating a pedestrian- friendly town center. In other locations where a town center has been created, the first, and most significant differentiating factor has been the fact that the entire property involved has been under the control of a master developer. Both Belmar and the Stapleton Town Center had that advantage. Here the properties covered by the proposed rezoning are owned by a fairly large number of owners, some of whom own large parcels and some of whom own small parcels. Both Belmar and Stapleton also had the advantage of being large parcels where the entire parcel was going to be developed over time. Both were designed with adjacent high density residential complements. The Wadsworth corridor does not have either of those advantages. Neither Belmar nor the Stapleton Town Center has a sufficient track record to determine if this type of town center development will be successful in the long term. Pacific Realty Associates, L.P.has significant experience in mixed use development. It is the developer of the 200 -acre nationally recognized Orenco Station in Hillsboro, Oregon. This project was awarded the National Home Builders Association "Best Planned Community in America" in 2000 and the "ULI Top 10 Communities in the World" in 2002. Pacific Realty Associates, L.P. believes the requisite components for successful mixed use development does not exist in this Wadsworth Boulevard location. {002751 a6.DOC 2} City of Wheat Ridge Community Development Department ATIN: Sarah Showalter December 10, 2010 Page 4 Pacific Realty Associates, LP strongly opposes the proposed rezoning. If the proposed rezoning proceeds, Pacific Realty Associates, LP would request that the boundary of the proposed rezoning ends at the south side of 44 Avenue, or that the Pacific Realty Associates, LP property be excluded from the proposed rezoning. Very ly yours, ichael A. Smith MAS:jc Attachment (00275186.DOC2) City of Wheat d , c COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. April 212011 Mr. Michael A. Smith Jacobs Chase Attorneys 1050 17 Street, Suite 1500 Denver, CO 80265 Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303 235.2857 Re: City - Initiated Rezoning of the Wadsworth Corridor Dear Mr. Smith, I am writing in response to your letter, dated December 10, 2010, which you wrote on behalf of your client, Pacific Realty Associates, LP, the owner of 7525 W. 44 Avenue. 1, along with the Community Development Director, Kenneth Johnstone, attempted to set up a conversation with you and your client to discuss your client's reasons for opposing the rezoning. Since we have not heard back from you or your client, we wanted to send a letter addressing the concerns raised in your letter from December. As indicated during a brief phone call on March 21, 2011, the Wheat Ridge City Council adopted a resolution on March 14, 2011 that officially started the process of a legislative rezoning of properties on the Wadsworth corridor, roughly between W. 35 1h and W. 45 Avenues, to the Mixed Use - Commercial (MU -C) zone district. The resolution included a map (enclosed) depicting the proposed rezoning area, which includes your client's property. The boundaries of the rezoning area align with the urban renewal areas, established in the 1990s, along Wadsworth Boulevard. We have reviewed your client's reasons for opposition to the proposed rezoning to MU -C. We are aware of the easements and covenants that encumber your client's property and the limitations that this creates for new development on the property. However, this situation is also true under your client's current zoning, Commercial -One (C -1), due to an architectural overlay that was put in place with the adoption of the Architectural and Streetscape Design Manual (ASDM) in 2007. Your client's property is within the Contemporary Overlay, which has build -to requirements very similar to those in the MU -C zone district, as well as architectural requirements that, in some cases, are less flexible than those in the MU -C zoning. While the easements and covenants that encumber your client's property pose some challenges to redevelopment of the site, they in no way preclude new development that would comply with the proposed MU -C zoning. It is possible that the various property owners subject to the restrictions would agree to amending the restrictions. It is also possible that, in the future, one owner would gain control of all of the properties and have the ability to amend or terminate the restrictions. The document that establishes the easements and covenants is a private agreement that could change, that expires in 2023, and that is not directly related to the zoning of the site. www.ci.wheatridge.co.us We understand your client's position that Wadsworth has traditionally been an auto - oriented street. We purposely developed the MU -C zone district to encourage a greater mix of uses and an increased emphasis on the pedestrian, while also recognizing the auto - oriented nature of this major arterial. For that reason, several car- focused uses such as auto repair (with no outdoor display) are allowed as conditional uses. This means that these uses are allowed, subject to an administrative review focused on site design in order to mitigate impacts on neighboring properties. We would also like to emphasize that the City's adopted plans for the area, including the Wadsworth Subarea Plan (2007) and the City's Comprehensive Plan, Envision Wheat Ridge (2009), call for the transformation of the Wadsworth area with higher- density, mixed use development. The intent of the rezoning is to help enable such changes over the coming decades. In response to your client's concern that the new zoning would discourage existing property owners from investing in their properties, there is language in the MU -C zoning that allows some flexibility for existing structures. For example, an existing building can expand up to 15 percent without having to meet the requirements of the code. Second, an existing building that is nonconforming due to design requirements in the code may be altered or expanded as long as the nonconformity is not made any worse. This means that a property owner could upgrade an existing faVade, for example, without having to meet the transparency requirements in the code. Overall, the proposed rezoning to MU -C is intended to be a win -win for the City and property owners. It increases the development options for properties through higher allowable densities, a wide range of permitted uses, reduced open space requirements, and flexible parking requirements. In addition, the MU -C zoning creates a streamlined, administrative review process for all new development proposals. I hope that this letter helps to clarify some of the issues related to your client's concerns. Please do not hesitate to contact me or Kenneth Johnstone to discuss any of these points in further detail. Sincerely, Sarah Showalter, AICP, LEED AP Planner 11 JACOBS CHASE June 13, 2011 City of Wheat Ridge Community Development Department 7500 West 29` Avenue, Second Floor Wheat Ridge, Colorado 80033 ATTENTION: Sarah Showalter sshowalterAci.wheatxidge.co.us Michael A. Smith (303) 389-4843 msmi0aambschm.com Re: REZONING OF WADswoRTH BOULEVARD — WEST 38 TH To WEST 44 TH Dear Ms. Showalter: I am writing on behalf of Pacific Realty Associates, LP, which is the owner of the property located at the northeast corner of the intersection of 44 Avenue and Wadsworth Boulevard in Wheat Ridge. This letter is in response to your letter of April 21, 2011. In addition to the objections that I raised on behalf of Pacific Realty Associates, LP in my December 20, 2010 letter, your letter prompts additional questions and objections. First, let me point out that, in order for any development of the property to be successful under the proposed new zoning, something has to happen on the part of the owners of my client's property, as well as any other property that has an interest in the common easements. Additionally, any property lenders having a lien against the property must consent to any changes. The City's premise is that something is "possible". "Possible" does not lead to a necessary conclusion that any redevelopment will happen and, if it happens, will be successful. You make reference to the 2007 Architectural and Streetscape Design Manual and its potential effect on my client's property and the general neighborhood. The fact that little has occurred along this portion of Wadsworth Boulevard using the new standards contained in the 2007 Architectural and Streetscape Design Manual is telling. Property owners have not engaged in any significant redevelopment or improvement of their properties in response to the 2007 Architectural and Streetscape Design Manual. There has been no groundswell of participation in the new standards. This lack supports the point I made in my December letter. This location does not lend itself to the type of redevelopment that has been successful in other locations. There are few true success stories in this type of rezoning, as I pointed out in my '050 17th Street Suite 1500 Denver, CO 80265 303 - 685 -4800 303 - 685 -4869 fax (00283004.DOC 2) www.jacobschase.com City of Wheat Ridge Community Development Department ATTN: Sarah Showalter June 13, 2011 Page 2 December letter. And there are far more examples of this type of attempt that are unsuccessful than have been successful. Right now, the City's existing and proposed development restrictions do not foster redevelopment for the existing property owners and uses. Instead, the effect will be that the existing property owners have an economic incentive to not make changes to or redevelop their properties. The most logical financial response is to minimize investment in properties which are in the proposed rezoning area. Finally, the map itself poses some very interesting questions. For example, the properties along the east side of Wadsworth Boulevard, from 35 to 38 are not included, while the properties on the west side of Wadsworth Boulevard, from 35 to 38' are included. The most glaring omission is the southeast comer of Wadsworth Boulevard and 40 Avenue. Three of the four corners of that intersection are included in the proposed rezoning, while the fourth corner is excluded. The map of the proposed Commercial MU -C district shows that my client's parcel is an isolated island on the northeast end of the district. The boundaries indicated that there is a two block section of the east side of Wadsworth and a two block section on the south side of 40 that are not included. These gaps defeat the purpose of a pedestrian friendly district. The two block gap as a pedestrian walks north along the east side Wadsworth will discourage pedestrian traffic from proceeding any further north than 42 °d Street. And the exclusion of the south side of 40 means that the businesses on the north side of 44 are also disadvantaged. The exclusion of the southeast quadrant of Wadsworth and 44 does not make sense. If the intent is to create a pedestrian friendly development scheme, leaving out key parcels is a critical flaw, especially at a major intersection. Since the City finds it critical to exclude that parcel, the north east quadrant is not enhanced by the proposed rezoning. It does not become a parcel that supports pedestrian friendly development. In your letter, you posit that one owner might gain control of all of the properties. If the City is interested in creating new pedestrian centric development, then that is probably the best option. My client would be willing to discuss the possibility of selling its parcel to the City so that the City can proceed to carry out the type of development that the City desires. Again, my client, Pacific Realty Associates, LP strongly opposes the proposed rezoning. If the proposed rezoning proceeds, Pacific Realty Associates, LP would request that the boundary of the proposed rezoning ends at the south side of 44 Avenue, or that the Pacific Realty Associates, LP property be excluded from the proposed rezoning. Either of those results is consistent with the exclusion of the (00283004.DDC 2) City of Wheat Ridge Community Development Department ATPN: Sarah Showalter June 13, 2011 Page 3 southeast comer of the Wadsworth and 40 intersection and the exclusion of the east side of Wadsworth between 35 and 38 Very yours, ichael A. Smith MAS:jc tooa83004.00c2l City of Wheatp - dge 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 May 17, 2011 Dear Property Owner, On March 14, 2011 the Wheat Ridge City Council formally initiated a legislative rezoning of properties located on the Wadsworth Boulevard corridor, roughly between W. 35 and W. 45"' Avenues (please see enclosed map for the boundaries of the rezoning area). The rezoning would apply the Iylixed Use - Commercial (MU-C) to all of the properties in the rezoning area. The purpose of the rezoning is to help implement the vision for Wadsworth to be redeveloped with higher- density, mixed -use development, as established in the Wadsworth Corridor Subarea Plan (2007) and the City's Comprehensive Plan, Envision Wheat Ridge (2009). The City started work on mixed use zoning targeted for Wadsworth and other priority redevelopment areas in early 2010. That process involved a meeting with property owners in the targeted rezoning area. Staff also held a meeting for property owners on November 9, 2011 to inform them of the MU -C zoning and seek input on a City- initiated rezoning for the corridor. Since the rezoning was formally initiated by City Council on March 14, the City held a neighborhood meeting for all property owners within 600 feet of the rezoning area on April 13, 2011. Now that the neighborhood meeting is complete, the next steps in the rezoning process are public hearings before Planning Commission and City Council. At the Planning Commission Public Hearing, the Commission will recommend either approval or denial of the rezoning. City Council will then vote to approve or deny the rezoning at a final Public Hearing. The purpose of this letter is to inform you that the City is proceeding with the public hearings for the Wadsworth rezoning on the following dates: (1) Planning Commission Public Tearing— June 16"' at 7pm (2) City Council Public Hearing — July 1 P at ?pm Both meetings will be held at Wheat Ridge City Hall, 7500 W. 29" Avenue, in the City Council Chambers on the first floor. These public hearings represent the final opportunity for property owners to comment on the proposed rezoning. If you have specific questions about the proposed MU -C zoning or the meeting dates outlined above, please contact Sarah Showalter, Planner 11, at 303 - 235 -2849. Sincer Kenneth Johnstone, �WP Community Development Director Attachment 4 www.ci.wheatridge.co.us City of Wheat 1)"jAe COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29ffi Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: April 13, 2011 Attending Staff: Kenneth Johnstone, Community Development Director Sarah Showalter, Planner II Lauren Mikulak, Planner I Location of Meeting: City of Wheat Ridge Municipal Building 7500 W. 29` Avenue Wheat Ridge, CO 80033 Land Use Proposal: City - initiated rezoning of the Wadsworth Corridor to Mixed Use - Commercial (MU -C); proposed rezoning boundary is the area within the urban renewal area Attendees: Jackie Ingenthrone Tom and Gay Anne Fey Al Buerger Jeff Sparkman Dave and Debbie Dowda Don Matoush Ana and Lynne Martineli David Gardenas Susan Peguero Linda Wolf Katie and John Field John Bever Dan Boise Chad Harr Todd Hammond F. Schiller Deanna Leind Lorraine Newmann Maria Nunez John Minshall Alice and Richard Doyle Scott Ohm Jerry Roach Jen Embree -Bever Rolly Sorrentino Margaret Schalt Attachment 5 wwwA.wheatridge.co.us Existing Zoning: Neighborhood Commercial (N -C), Restricted Commercial (R -C), Commercial -One (C -1), Commercial -Two (C -2), Planned Commercial Development (PCD) Comprehensive Plan: Mixed Use Town Center; Primary Commercial Corridor Wadsworth Subarea Plan: Medium to High Density Mixed Use Existing Site Conditions: The proposed area for rezoning encompasses over 60 properties along the Wadsworth corridor, roughly between W. 35 Avenue and W. 45 Avenue. The proposed rezoning boundaries follow the urban renewal boundaries for this area. The properties that compose the rezoning area consist of a wide range of commercial uses and all have a commercial zoning designation today (C- 1, C -2, N -C, R -C or PCD). There are a few properties with residential uses and commercial zoning. Wadsworth Boulevard is a 5 -lane commercial arterial, owned by the Colorado Department of Transportation (CDOT). Applicant /Owner Preliminary Proposal: The Wadsworth corridor, between W. 38 and W. 44 Avenues, is designated in the City's plans as a priority area for mixed use, medium- to high - density redevelopment. The Wadsworth Corridor Subarea Plan, adopted in 2007, designates this portion of the corridor for future medium- to high - density development with a mix of land uses. This vision was refined in the City's recently adopted Comprehensive Plan, Envision Wheat Ridge, which designates Wadsworth as a primary commercial corridor and calls for a mixed use town center between W. 38 and W. 40 Avenues. Envision Wheat Ridge identified this area of Wadsworth as one of five priority redevelopment areas and recommended the development of new mixed use zoning that could be utilized on Wadsworth, along with other priority redevelopment areas, to allow and encourage high - quality, mixed -use development. To this end, the City developed a mixed -use zoning ordinance that was adopted by City Council in September, 2010. One of the mixed use zone districts, Mixed Use - Commercial (MU -C), was specifically designed for major commercial arterials like Wadsworth. The zoning is intended to allow greater flexibility than the existing commercial zoning in the area (particularly by allowing residential uses), to ensure quality design through the incorporation of design standards, and to create a streamlined development review process for any new development under the MU -C zoning. In order to help implement the City's plans for Wadsworth and establish zoning that will allow for medium- and high - density mixed use development, City Council adopted a resolution on March 14, 2011 to pursue a comprehensive legislative rezoning of the Wadsworth corridor. The following is a summary of the neighborhood meeting: Staff presented a 30- minute overview of the proposal. The presentation addressed the following topics: o Purpose of the neighborhood meeting o Overview of the current zoning o Overview of the proposed boundary and proposed zoning o History of the City's planning efforts along the corridor, including the Wadsworth Subarea Plan and Envision Wheat Ridge • Overview of the Mixed Use - Commercial zone district, including: allowable uses, building height, and architectural standards • Overview of the rezoning process • Overview of the site development process (assuming MU -C zoning is approved), including the concept plan and site plan review procedures Staff informed attendees of the anticipated Planning Commission and City Council public hearings. The hearings are required parts of the rezoning process at which members of the public will be able to comment on the proposal. Notification of the hearings will be posted on the City website and in the Transcript, but there will be no mailings to property owners. The following issues were discussed regarding the rezoning proposal: Wadsworth is already very busy road, and the proposed mixed use zoning could attract additional traffic. What plans does the City have for widening Wadsworth Boulevard, so it can handle the additional traffic? Wadsworth Boulevard is planned to be upgraded to a 6 -lane facility within a 150-foot right -of- way envelope. Wadsworth is a state highway and is controlled by the Colorado Department of Transportation (CDOT). CDOT will be responsible for conducting environmental assessments and a public planning process to identify a final roadway design for the corridor. The City's Department of Public Works is working with CDOT to secure f coding for these processes, but it will likely be at least a couple of years before they begin. In the meantime, new development will be subject to the requirements of the Streetscape Design Manual which will help to improve the pedestrian environment along Wadsworth before and after the road is widened. • Are there currently any development proposals for the west side of Wadsworth between W. 38'" and W. 35 Avenues (vacant land and the former GO Ford dealership)? No; no specific development proposals have been identified for the site at this time. City Council has identified the property as a high priority redevelopment area and will be defining their vision for the site in the upcoming months. • Why is the southeast corner of Wadsworth and W. 38 Avenue not included within the boundary for the proposed rezoning? This corner includes a church and residential neighborhood. The area is not included in the rezoning because it is not part of the urban renewal area. It was probably excluded from the urban renewal area because it is a well - established area and with no finding of blight. • Will the intersection of W. 41" Avenue and Wadsworth (by the elementary school) become a signalized intersection? This intersection was identified as a signalized intersection in the Wadsworth Subarea Plan, but CDOT has not taken any action to put alight at this location. The signal was proposed as a tra c engineering solution to create better traffic flow and even spacing between 38` 41 s `, and 4 Avenues. Discussion of signal locations will be part of CDOT's planning process if or when Wadsworth is widened. • The vacant lot at W. 35 Avenue and Wadsworth (south of the former Ford dealership) used to be a running water wetlands, but it currently retains stagnant water. Does this standing water have to stay? To accommodate regional water flow and meet water detention requirements, it probably needs to remain. The water stagnancy may be a reflection of recent drought conditions. Future developers may reengineer the water detention facility to improve its fraction and flow. (Some discussion followed regarding unsuccessful attempts to drain this facility by developers in the past.) There are no sidewalks along Wadsworth from W. 35 to W. 38`' Avenues. Are there any future plans to install sidewalks? The City wants to see sidewalks along Wadsworth from W. 35` to W 4e Avenues, and we can require that sidewalks be installed as new development occurs along the corridor. Typically a right -of -way reservation will be required with new development to accommodate the future widening of Wadsworth. Based on the reservation, the City will estimate where developers can put sidewalks now so they remain intact even as the road is widened in the future. How will the neighborhoods on the east and west sides of Wadsworth be connected, and will there be improved ways to cross Wadsworth as a pedestrian? Different options for crossing Wadsworth will be considered during CDOT's planning process for the roadway widening. Future crossings will probably continue to be at grade (as opposed to an elevated walkway), however there are improvements that can be considered to make the crossing feel more safe. For example, medians would allow pedestrians to stop safely in the roadway and adjusted signals would allow more time for crossing. Will the mixed use zoning allow six (6) story apartment buildings? It depends. The Mixed Use - Commercial zone district only allows six (6) story structures for mixed use buildings. For example, if the first floor contains commercial uses, an additional five (5) stories may include residential uses. Single use buildings in the MU-C district are only allowed up to four (4) stories. For point of reference, the Commercial -One (C -1) zone district currently allows structures up to 50 feet in height. If the mixed use zoning is approved, how do you prevent the construction of thousands of rental apartments in six (6) story buildings? The zoning code does not distinguish between renter - occupied and owner - occupied residential units, and six (6) story structures would only be allowed for mixed use buildings. Based on market conditions and preliminary utility capacity studies, it is unlikely that the corridor will be able to support thousands of new residential units. That being said there is the potential for several hundred new residential units, and the City is encouraging this type of development. New residential construction attracts more people to the corridor, supports business in the area, and provides more housing options for the City. For a variety of reasons, the City wants more people living and working along Wadsworth. Will there be a new public library on Wadsworth? There is currently no proposal for a new library on Wadsworth, although civic uses are allowed and encouraged under the mixed use zoning. If the rezoning is approved and existing property owners want to make improvements to their property, will they be subject to the new architectural standards? The Community Development Department has met with many property owners along the corridor and recognizes the limitations of existing properties. In response, the mixed use code includes language that provides some relief for current structures that do not meet the architectural requirements in the code. If an existing structure is expanded by more than 15% of the gross floor area, the new standards will apply to the expansion, where practical. The residential transition requirements address new mixed use development adjacent to single- and two- family uses. What are the setback requirements for mixed use development next to the Residential -Three (R -3) zone district (where there is multi - family residential)? Residential transition and upper story stepbacks are required where new mixed use development abuts residentially or agriculturally zoned lots that contain single- or two-family residential uses. These upper story stepbacks do not apply where new development is adjacent to properties zoned R -3, however there are other setbacks and buffers that will apply. For example, surface parking lots on MU-C property are subject to landscape buffer requirements, and all other development is subject to a 5 foot rear yard setback. If the rezoning is approved, how soon can someone build and be subject to the mixed use requirements? The Wadsworth rezoning is expected to be approved by late summer, and the mixed use zone district would become effective 15 days after City Council approval. When the property at 44 and Wadsworth was rezoned, wasn't there discussion of including County buildings? Is Jefferson County still expected to build on that site? The Urban Renewal Authority has been negotiating with potential end users of this site. While Jefferson County had indicated significant interest in locating services at 44` and Wadsworth, they have since withdrawn from the site. A recent change in County Commissioners has resulted in a review of the County's capital investment budget. At this point there are no plans for a County building on the site. Didn't City Council approve $1 million for infrastructure at 44"' and Wadsworth to attract the County to the site? City Council did authorize money to supplement the Urban Renewal Authority in the short -term for infrastructure costs. They are using some of that money now for demolition of the existing structures, and will continue to use the funds for infrastructure regardless of whether the County is an end user on the site. Within the proposed boundary are you planning to rezone only the C -I properties to MU -C? No, the proposal includes rezoning all parcels within the boundary to Mixed Use - Commercial. This includes properties that are currently zoned Neighborhood Commercial (N-C), Restricted Commercial (R-Q, Commercial -One (C -1), Commercial -Two (C -2), and Planned Commercial Development (PCD). What is the timeline for this rezoning process? Although it is not a required step in the rezoning process, our next action will be a study session with City Council. After the study session there will be a public hearing before Planning Commission, followed by a public hearing before City Council. The City Council public hearing is expected to take place sometime in mid to late summer. Planning Commission June 16, 2011 �� W 6aaU �dgc 1 Wadsworth Corridor } — Restricted Commercial (R -C) — Planned Commercial Development (PCD) z Wadsworth Corrridor E nvision WHEAT RIDGE A ilm 1., A al',H 1.1— — urvmlUII vvncaL nIUsc ♦,vuNcncovA. .. Plan (2009)___ — Wadsworth Corridor Subarea Plan (2007) S /wi«tr IAi_�a. Wa WA MEDIUM HIGH DENSITY MIXED USE Envision Wheat 3 Wadsworth Corridor • Conditional use (administrative review) for`drive -thru uses, gas stations, wholesale Wadsworth Corridor di MI Idl'VI LWMLLUI !parated by an Wadsworth Corridor Wadsworth Corridor per story until 4th story City M � W hNatl IUW 5 Wadsworth Corridor owners late 2013 • One owner remains in opposition j wrt�•:,t� �a�,� 5 Wadsworth Corridor 1 traffic /the JVIIIV MNV , - e widening of the street Wadsworth Corridor amp 1: ca, Council 460", ReiOlutinn la ImEaw Rc:vnlnq Stap Y: N.:,hbolhccd W.11, Stvp e: SW!(ReCart 7 Wadsworth Corridor with surrounding area • There will be economic benefits with the zone change W. 44th and Wadsworth safety • Meets City's adopted plans for this area (mixed use town center) P, e City of M `� -M Wheat idge MMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Sarah Showalter DATE OF MEETING: June 16, 2011 CASE NO. & NAME: WZ- 11- 03/Wadsworth Corridor City - Initiated Rezoning ACTION REQUESTED: A City- initiated rezoning to the Mixed Use - Commercial (MU -C) zone district for properties generally located on Wadsworth Boulevard between W. 35" and W. 45` Avenues. LOCATION OF REQUEST: Wadsworth Boulevard between W. 35` and W. 45` Avenues APPROXIMATE AREA: 95.6 Acres PRESENT ZONING: Neighborhood Commercial (N -C), Restricted Commercial (R -C), Commercial One (C -1), Commercial Two (C -2), and Planned Commercial Development (PCD) COMPREHENSIVE PLAN: Mixed Use Town Center/Primary Commercial Corridor ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) CASE FILE & PACKET MATERIALS Location Map — please see page 2 Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning Planning Commission Case WZ -11 -03 /Wadsworth Corridor Rezoning All notification requirements have been met; therefore, there is jurisdiction to hear this case I. REQUEST On March 14, 2011 City Council adopted a resolution to initiate the rezoning of the properties located along the Wadsworth Corridor, roughly between W. 35 and W. 45"' Avenues, to the Mixed Use - Commercial (MU -C) zone district (Exhibit 1, City Council Resolution)`. The proposed rezoning area includes multiple properties and is sized approximately 95.6 acres (Exhibit 2 Legal- Descnpttgn and Map)) The proposed rezoning boundaries follow the same boundaries as the established urban renewal areas on Wadsworth. II. EXISTING CONDITIONS The property to be rezoned includes multiple parcels on or near Wadsworth Boulevard between W. 35 and W. 45"' Avenues. All of the properties in the rezoning area fall within the Wadsworth Corridor and Times Square Urban Renewal Areas. The majority of the rezoning area includes commercial and retail uses however there are some properties that contain multifamily residential uses. Wadsworth is a state -owned highway and major commercial arterial that serves regional vehicular and bus traffic. Existing Zoning The majority of the rezoning area is zoned Commercial One (C -1). There is one small area zoned Commercial Two (C -2), one small area zoned Neighborhood Commercial (N -C), and a handful of parcels zoned Restricted Commercial (R -C). The rezoning area also includes three Planned Commercial Development (PCD) zoning designations. While there are a few properties that currently have residential uses, there are no properties with residential zoning in the rezoning area. Overall, the existing commercial zoning in the area allows for a wide range of commercial uses, especially in the C -1 district. The existing commercial zoning places considerable restrictions on residential development, including the following conditions: • No new residences as a primary or principal use shall be allowed • The amount of floor area devoted to commercial use must exceed the amount devoted to residential use • Residential use density shall not exceed one dwelling unit per 5,000 square feet (roughly 8.7 units per acre) In terms of building height, the current zoning limits commercial buildings to a maximum of 50 feet and any building with a residential use to a maximum of 35 feet. Any development under the current zoning would also be subject to the Architectural and Site Design Manual (ASDM). The ASDM contains site and building design standards that encourage quality architecture and pedestrian- friendly design. Surrounding Zoning and Land Uses The proposed rezoning area is surrounded by both commercial and residential zoning. The east and west boundaries of the rezoning area are generally bordered by residential uses in established residential neighborhoods. Toward the northern and southern ends of the rezoning area, existing land uses include commercial and residential uses. Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning III. PROPOSED ZONING The City is proposing that the subject property be rezoned to Mixed Use - Commercial (MU -C), a zone district that allows a wide range of uses — including commercial, civic, and residential uses — and that encourages mixed use development. The proposed zoning is consistent with the City's adopted plans for the Wadsworth corridor. Comprehensive Plan and Subarea Plan Subarea Plan The proposed rezoning area is part of the Wadsworth Corridor Subarea Plan, which was adopted in 2007. This plan calls for the redevelopment of Wadsworth with mixed use medium- and high- density development. The proposed rezoning to the MU -C zone district will enable properties in the area to be redeveloped over time with higher - density, mixed use development. The proposed zoning coincides with the following goals stated in the Wadsworth Corridor Subarea Plan (page 4): • Encouragement of the development of the Wadsworth Corridor, especially between W. 44` Avenue and W. 38` Avenue, as a town center for Wheat Ridge — filling in both sides of Wadsworth Boulevard with a mix of commercial, office, and residential uses, convenient parking both on- street and behind the buildings, and broad sidewalks with benches, street plantings and areas for plaza and outdoor dining In general, encourage a gradual increase in density and building height closer to Wadsworth Boulevard to provide the critical mass of uses and residents that will help support the businesses in the Corridor and bring life to this town center as well as prevent encroachment into the residential neighborhoods east and west of the Subarea. Comprehensive Plan Envision Wheat Ridge, the Comprehensive Plan adopted in 2009, also promotes the vision for Wadsworth, generally between W. 44` and W. 38 Avenues, to become a mixed use town center. The Plan identifies the Wadsworth corridor as one of five priority redevelopment areas in the City and specifically recommends that the City, in collaboration with economic development partners, guide the development of a pedestrian - friendly, mixed use town center at this location. To achieve this goal, the Plan recommends two implementation steps that have already been completed: • Develop new mixed use zoning to assure high - quality mixed use development in priority redevelopment areas (City Council adopted new mixed use zoning, including the MU -C district, in September 2010). • Remove City Charter height and density limitations for priority redevelopment areas, including the proposed town center (Wheat Ridge voters approved an amendment to the City Charter in 2009 that removed certain parts of the City, including the Wadsworth Corridor between W. 38` Ave and W. 44 Ave, from the height and density restrictions) With these two important steps complete, the City would now like to apply the new mixed use zoning to the Wadsworth corridor. The new zoning will enable higher density, mixed use development and help to realize the goal of establishing a town center on Wadsworth. Mixed Use - Commercial (MU -C) District The MU -C zone district is intended for major commercial corridors and community activity centers. It permits a wide range of land uses and encourages quality, higher density, mixed use development. Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning Allowed Uses The MU -C zone district allows a wide range of commercial, retail, civic, and residential uses. Unlike the commercial zoning that is prevalent on the Wadsworth corridor today, it does not contain restrictions that make residential development difficult to attain. While there are many land uses allowed under MU -C zoning, several higher- impact and auto - oriented uses are conditional uses, which require an additional administrative review by staff to ensure that the building and site design have as few negative impacts as possible. New drive- through uses also have separation requirements to ensure that they do not become a dominate use in one particular area. Building Height and Density The MU -C zone district does not contain a unit per acre limit on residential development. Instead, it regulates density through building height, setbacks, and open space requirements. Buildings are allowed up to a height of 4 stories. To incentivize mixed use development, buildings that contain a mix of land uses (such as office and retail, or retail and residential) may be as high as 6 stories. Open Space Requirements Under the MU -C zoning, 15% of the net development area must be open space for single -use development. Mixed -use development has a 10% open space requirement. At least 75% of all open space must be usable open space, such as parks and plazas. Residential Transitions In an effort to protect existing residential neighborhoods, the MU -C zone district contains specific requirements for new development that is adjacent to residential uses. Where any parking lot or drive - through abuts a lot that has a residential use, screening must be provided (including a 6 -foot tall walt/fence or hedge and a 6 -foot wide landscaped buffer). For any new building that is adjacent to a lot with a single- or two - family residential use that has residential or agricultural zoning, the following regulations apply: • A minimum 10 -foot wide landscape buffer for 1 -2 story buildings. The buffer must be 15 feet wide for a 3 story building, and 20 feet wide for buildings 4 stories or taller. • In addition to the landscaped buffer, buildings over 2 stories must step the upper floors back an additional 5 feet per story for the 3` and 4` stories. • Any portion of a building within 100 feet of a residential use may not be taller than 4 stories (except where an arterial or collector street separates the new building from the residential use). Architectural Standards With the goal of ensuring high- quality development, the MU -C zone district contains architectural standards. The design standards include: • Requirements for fagade articulation and material variation. • A build -to requirement that places buildings close to the street, with parking at the side or in the rear.The build -to requirement in the MU -C district is flexible, allowing a 0 -20 foot build -to zone for 50% of the lot frontage, to enable a wide range of building types. • Transparency requirements at the ground floor to help create active and interesting ground floor facades. • Screening and placement requirements for drive - throughs. • Screening requirements for utilities and loading areas. Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning Process Outreach to Property Owners Staff started outreach to property owners about a potential City- initiated rezoning in January 2010 at the Wadsworth Summit. At this time, the MU -C zoning was still being drafted and staff requested feedback from property owners on the content of the code, as well as whether they were in support of a city- initiated legislative rezoning. 67% of property owners who completed a survey said that they were strongly in favor of a legislative rezoning and 25% said that they were somewhat in favor. Based on this high level of interest, staff held a study session with City Council in the summer of 2010 to discuss proceeding with a legislative rezoning along Wadsworth once the new mixed use zoning was adopted. City Council directed staff to proceed with a potential rezoning, but to first conduct additional outreach to property owners, including another survey. City Council adopted the mixed use zoning in September of 2010. Two months later, staff held a meeting for all property owners in the target rezoning area on Wadsworth to share the newly adopted code and ask again whether there was support for a legislative rezoning. Staff also mailed a survey to every property owner in the rezoning area asking them to state support or opposition for the rezoning. Of the 56 surveys mailed, 13 were returned. Ten owners stated support and three owners indicated opposition. At a study session with City Council in February of 2011, City Council directed staff to move forward with the rezoning but to directly contact the three property owners who expressed opposition. Staff met with the two owners who live in Colorado to discuss their concerns. After meeting with staff, both owners are now in favor of the rezoning. The third owner who expressed opposition is out -of -state and owns the property at 7525 W. 44 Avenue, which is currently leased to a Pep Boys facility. Staff has spoken on the phone and exchanged letters with the owner's attorney. The main reason cited for opposition is existing easements and development restrictions that are recorded on the property and other adjacent properties. These easements /recorded restrictions do not directly relate to the existing zoning (C -1) and rezoning to MU- C would not change the easements. While it is true that the easements and restrictions would need to be removed in order for any significant redevelopment of the land to occur, the proposed new zoning would not directly impact any privately recorded restrictions on the land. Staff has exchanged letters with the owner's attorney and requested to speak directly with the owner via phone regarding their concerns, but thus far the owner has not responded beyond their attorney's letter. Most recently, staff mailed another letter to all property owners in the rezoning area to notify them that the rezoning is moving forward. The letter included the dates for the Planning Commission and City Council public hearing dates and informed owners that the public hearings were their final opportunity to comment on the proposed rezoning. Code - Required Process for Comprehensive City- Initiated Rezonings Section 26 -113 of the Wheat Ridge Zoning Code allows the City to initiate rezonings with our without consent of affected property owners. The first step in the process is for City Council to adopt a resolution that indicates the proposed area to be rezoned and states the intended purpose of the rezoning. This was completed on March 14, 2011. The next step is for the City to hold a neighborhood meeting, to which any property owner with 600 feet of the site is invited. The City held a neighborhood meeting on April 13, 20111" 3 �lerghboYhood �VTeetmg Notes)',. Meeting attendees asked questions about how the new zoning might impact future development on Wadsworth. They also asked questions about the future of Wadsworth in general, including the potential for the street to be widened in the future. Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning After the neighborhood meeting, the proposed rezoning must go to a public hearing before Planning Commission, who shall make a recommendation to City Council to approve, approve with modifications, or deny the rezoning proposal. The Commission's recommendation shall be based on the facts presented in the public hearing in consideration of the criteria for review specified in Section 26 -1121), and contained below under "Zone Change Criteria." Upon receipt of the Planning Commission's recommendation, the City Council shall hold a public hearing on the proposal and shall vote to approve, approve with modifications, or reject the proposal. LWEIV OYONO_`._►:I`IK& PYYX1.7" Staff has provided an analysis of the zone change criteria outlined in Section 26 -112D. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; or Staff has not found any evidence that there is an error with the current zone districts as they appear on the city zoning map. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. The Wadsworth corridor has seen significant change over the past few decades. Traffic congestion, underutilized land, and blight along the corridor led the City Council and Urban Renewal Authority to adopt the Wadsworth Boulevard Corridor Redevelopment Plan in 2001. This plan, which coincides with the rezoning area, calls for the redevelopment of Wadsworth in order to remove blight, improve pedestrian safety, and provide economic benefits for the city as a whole. 3. The Planning Commission shall also find that the evidence supports the finding of at least four (4) of the following: 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. The proposed zoning is consistent with the policies and goals in the City's Comprehensive Plan and the Wadsworth Corridor Subarea Plan. Both plans call for higher density, mixed use development along Wadsworth Boulevard. More specifically, the Comprehensive Plan identifies the land between W. 38 and W. 44"' Avenues as a quality, mixed use town center. The proposed MU -C zoning, which encourages mixed use development and contains design standards, directly fits with these goals. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning The proposed change of zone is compatible with the surrounding area, especially since Wadsworth Boulevard is a primary commercial corridor targeted for higher density commercial and mixed use development. Where there are existing residential neighborhoods adjacent to the rezoning area, required residential transitions in the MU -C code should help protect the character of these neighborhoods and ensure that there are minimal, if any, adverse impacts. c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. The proposed zone change should be a benefit to the community. The new zoning will enable mixed use redevelopment of an urban renewal area, bringing new uses that are likely to improve the character of the street, generate sales tax for the City, create housing to attract new residents, and provide a balanced mix of land uses. The new zoning also requires that any new development provide new open space, which will benefit the community. d. Adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. Any new development under the proposed MU -C zoning will be required to complete a site plan review process, which includes referral to all impacted utility agencies. Where utility upgrades are needed to service new development, the applicant will be required to provide those upgrades. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. The change of zone will not adversely affect public health, safety or welfare. While the new zoning would allow high- density development that could generate additional traffic, it is not clear that development under the proposed zoning would generate any more traffic than might occur with development under the existing commercial zoning along the corridor. Any proposed development under the new MU -C zoning would be required to complete a traffic study as part of the site plan submittal and to install infrastructure and traffic signal improvements as required by Public Works. Development proposals will also be required to meet stormwater drainage and water quality requirements in order to be approved, thus no drainage problems are anticipated. 4. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. This criterion is not applicable since the Architectural and Site Design Manual does not apply in the MU -C zone district V. STAFF CONCLUSION & RECOMMENDED MOTION(S) Staff concludes that the proposed zone change is consistent with the Comprehensive Plan and the Wadsworth Corridor Subarea Plan. Staff concludes that the proposed zone change will be compatible with the surrounding area, which is commercial in nature and designated for mixed use redevelopment in the City's adopted plans. Staff further concludes that any applicant for development under the new zoning will, through the site plan review process, be required to provide utility upgrades where Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning needed. Finally, staff concludes that the proposed zone change will not adversely affect public health, safety, or welfare. Because the zone change evaluation criteria support the zone change request, a recommendation of approval with conditions is given. OPTION A: "I move to recommend APPROVAL of Case No. WZ- 11 -03, a request for a City- initiated zone change from Neighborhood Commercial, Restricted Commercial, Commercial One, Commercial Two, and Planned Commercial Development to Mixed Use - Commercial, for property located along Wadsworth Boulevard, generally between W. 35"' and W. 45 Avenues, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the Wadsworth Corridor Subarea Plan. 2. The proposed zone change is compatible with the surrounding area 3. Any applicant for development under the proposed zoning will provide adequate utility upgrades where needed; and 4. The proposed zone change will not adversely impact the public health, safety, or welfare." OPTION B: "I move to recommend DENIAL of Case No WZ- 10 -07, a request for a City - initiated zone change from Neighborhood Commercial, Restricted Commercial, Commercial One, Commercial Two, and Planned Commercial Development to Mixed Use - Commercial, for property located at 4350 Wadsworth Boulevard, 7540 W. 44 Avenue, and 7340 W. 44` Avenue, for the following reasons: 2. 3." Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 9 EXHIBIT 1: CITY COUNCIL RESOLUTION CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 08 Series 2011 TITLE: A RESOLUTION BEGININNING A CITY - INITIATED COMPREHENSIVE REZONING OF PROPERTIES LOCATED ON THE WADSWORTH CORRIDOR BETWEEN W. 30 AND W. 40 AVENUES TO MIXED USE — COMMERCIAL WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the Envision Wheat Ridge comprehensive plan was adopted in 2009; and WHEREAS, both plans recommend that the Wadsworth corridor redevelop over time with a higher density, mixed use development pattern; and WHEREAS, the existing zoning designations along the corridor are generally commercial, including a predominance of Commercial — One (C -1), which does not allow higher density development and allows only limited residential development; and WHEREAS, rezoning the properties on the corridor to Mixed Use — Commercial (MU-C) would support the City's goals for redevelopment of the condor in a higher density, mimed use development pattern; and WHEREAS, Section 26-113 of the Code of Laws requires City Council to begin the process of city- initiated rezonings by adopting a resolution doing so and referring the matter to the Planning Commission for a public hearing, which would be preceded by a neighborhood meeting. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council hereby initiates a rezoning of properties located on Wadsworth corridor between W, 3V and W. 4e Avenues to NTixed Use - Commercial (MU -C), DONE AND RESOLVED THIS 14 ATTEST: Michael Snow, City Clerk Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 10 EXHIBIT 2: LEGAL DESCRIPTION AND MAP Legal Description Case Number WZ- 11 -03: City - initiated rezoning of the Wadsworth Corridor the Mixed Use Commercial (MU -C) zone district. The area proposed to be rezoned is located generally north of West 35 Avenue, west of Upham Street, south of West 45 Avenue, and east of Yarrow Street, as shown on the below map. The area to be rezoned includes adjacent right -of -way, extending to the centerline of that right -of -way. 45TH AVE — .INN■1 ■1�1 ■Y r N O 4TH PL Y - O T =. z 44TH PL !i w ai Nnunrmnnv■ : > F — nnnu■� - .44TH AVE'! _. nunm _ ...42ND AVE uumn� -_- 7■mm�ny, - -. _-- i 3 THREE'S CRE LN O V. � • N 41STAVE N i ■ � o � 3 • 2 - l _ry. - -�iv� 39 TH � A im■unm� ALLISON CIR '• 3 _> _. ■ 38TH AVE - - � a U �I1 O ■1 ■� _ a' > �'.. rn y suniililp► !m -.:_ 36 TH PL 36TH_AVE N _.. - -- -- : 35TH PLC - _. 3S Ty . _. _ ■ 35TH AVE Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 11 EXHIBIT 3: NEI MEETING MINUTES City of W heat Rge W CONWONi1V DFVFI'M(NI' City oft41eat Ridge Mumcipat& 7500 W. 29 Ase. 34'6aat Fag CO 80033 -8001 P: 303.235.2846 F: 303.2352857 NEIGHBORHOOD MEETING NOTES 1lleeting Date: April 13.2011 Attending Staff: Kenneth Johnstone. Community Development Director Sarah Showalter, PI Il Lauren Mikulak Planner I Location of Meeting: City of Wheat Ridge Municipal Building 75001V 24 Avenue Wheat Ridge, CO 80033 Land Use Proposal: City - initiated rezoning of the Wadsworth Corridor to Mixed Use - Commercial (MU -C); proposed rezoning boundary is the area within the urban renewal area Attendees: Jacke Ingenthrone Tom and Gay Anne Fey Al Buerger Jeff Sparlanan Dave and Debbie Dowda Don Mataush Ana and Lynne Martmeh David Gardens Susan Peguero Linda Wolf Katie and John Field John Bever Dan Boise Chad Han- Todd Hammond F_ Schiller Deanna Leind Lorraine nI MM11wn John Nfinshall Alice and Richard Doyle Scott Ohm Jerry Roach Jen Embree -Bever Rally Sorrentino Margaret Schak Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 12 Existing Zoning: Neighborhood Commercial (N C�, Restricted C ommerc ial (R-C), Commercial-One (C-1), Commercial -Two (G2), Plated Commercial Development (PCD) Comprehensive Plan: Mixed Use Town Center, Primary Commercial Corridor Wadsworth Subarea Plan: Mechem to High Density Mixed Use Existing Site Conditions: The proposed area for rezoning encompasses over 60 properties along the Wadsworth corridor, roughly between W_ 35 I Avenue and W_ 45` Avenue. The proposed rezoning boundaries follow the urban renewal boundaries for this area_ The properties that compose the rezoning area consist of a wide range of commercial uses and all have a c ommercial zoning designation today (C- 1, C-2, N-C, R-C or PCD)_ There are a few properties with residential uses and commercial zoning. Wadsworth Boulevard is a 5 -lane commercial arterial, owned by the Colorado Department of Transportation (CDOT). Applicant/Owner Preliminary Proposal: The Wadsworth corridor, between W. 38` and W. 44 Avernus, is designated in the City's plans as a priority area for mixed use medium- to biglydeasity redevelopment. The Wadsworth Corridor Subarea Plan, adopted in 2007, designates this portion of the corridor for future medium to high- density development with a mix of land uses. This vision was refined in the City's recently adopted Comprehensive Plan, Envision Wheat Ridge, which designates Wadsworth as a primary commercial corridor and calls for a mixed use town center between W 3e and W. 44P Avenues_ Envision neat Ridge identified this area of Wadsworth as one of five priority redevelopment areas and recommended the development of new mixed use zoning that could be utilized on Wadsworth along with other priority redevelopment areas, to allow and encourage high- quality, mixed-use development. To this end, the City developed a mixed -use zoning ordinance that was adopted by City Council in September, 2010.One of the mixed use zone districts, TvIbmd Use - Commercial (XM -C), wras specifically designed for major commercial arterials like Wadsworth. The zoning is intended to allow greater flexibility than the existing commercial zoning in the area (particularly by allowing residential uses), to ensure quality design through the incorporation of design standards, and to create a streamlined development review process for any new development under the MU-C zoning_ In order to help implement the City's plans for Wadsworth and establish zoning that will allow for medium- and high - density mixed use development, City Council adopted a resolution on March 14, 2011 to pursue a comprehensive legislative rezoning of the Wadsworth corridor_ The following is a summary of the neighborhood meeting: Staff presented a 30 -minute overview of the proposal. The presentation addressed the following topics: o Purpose of the neighborhood meeting a Overview of the current zoning o Overview of the proposed boundary and proposed zoning c History of the City's planning efforts along the corridor, including the Wadsworth Planning Commission Case WZ- 1 1-03/Wadsworth Corridor Rezoning 13 Subarea Plau and Envision'%%eat Ridge • Overview of the Mixed Use - Commercial zone district, including: allowable uses, building height, and architectural standards • Overview of the rezoning process • Overview of the site development process (assuming MU -C zoning is approved), including the concept plan and site plan review procedures Staff informed attendees of the anticipated Planning Commission and City Council public hearings. The hearings are required parts of the rezonin process at which members of the public will be able to comment on the proposal. Notification of the hearings will be posted on the City website and in the Transcript, but there will be no mailings to property owners_ The followin; issues were discussed regarding the rezoning proposal: Wadsworth is already very busy road, and the proposed mixed use zoning could attract additional traffic. What plans does the City have for wide Wadsworth Boulevard, so it can handle the additional traffic? Wadsworth Boulevard is planned to be arpgraded to a 6 -lane facility within a 150 foot right -of- way envelope. Wadsworth is a state highway and is controlled by the Colorado Department of Transportation (CDOT)_ CDOT will be responsible for conducting environmental assessments and apublic planningprocess to identify a final roadway design for the corridor The City's Department ofPublic Mork; is working with CDOT to secu a fundingfor these processes, but it will likely be at least a couple ofjwrs before they begin. In the meantime, new development will be subject to the requirements ofthe Stresiscaps Design Manual which will help to improve the pedestrian environment along Wadsworth before and after the road is widened. Are there currently any development proposals for the west side of Wadsworth between W_ 3e and W_ 3P Avenues (vacant land and the former GO Ford dealership)? No. no speck developmentproposals have been idea ified for the site at this time Cty Council has identfed the property as a high priority redevelopment area and will be defining their vision for the site in the upcoming months. Why is the southeast comer of Wadsworth and W_ 3e Avenue not included within the boundary for the proposedrezomng? This comer includes a church and residential neighborhood The area is not included in the r•�--zoning because it is notpart of the urban renewal area It was probably erchrded from the urban renewal area because it is a well- established area and with no fmdmg ofbiight Will the intersection of W. 41' Avenue and Wadsworth (by the elementary school) become a signalized intersection? This intersection was identified as a signalized intersection in the Wadsworth Subarea Plan, but CDOT has not taken mry action to put a light at this location. The signal was proposed as a Ira fic engineering solution to create better traffic flow and ever spacing between 3e, 4P, and 44 Avemres. Discussion ofstgnal locations will bepartofCDOTsp lmrningprocessiforidign Madsworth is widened. The vacant lot at W_ 35 Avenue and Wadsworth (south of the former Ford dealership) used to be a running water wetlands, but it currently retains stagnant water. Does this standing water have to stay? To accommodate regional waterflmv and meet water detention requirements, itprobably needs to remain. The waterstagnamy maybe a reflection ofrecent drought conditions_ Future developer may remgmee• the water detention facility to improve its function and floc_ (Some discussion followed regarding unsuccessful attempts to drain this facility by developers in Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 14 the past) There are no sidewalks along Wadsworth from W_ 35 to W. 38 Avenues_ Are there any future plans to install sidewalks? The City wants to see sidewalks along il'adsuvonh from t3' 3P to Tip 46 Avenues, and we can require that sidewalks be installed as new development occurs along the corridor Typically a right -of -worry resmwfion will be required with new development to accommodate the future widening of Madsworth_ Based on the reservation, the City will estimate where developers can put sidewalks now so they remain intact even as the road is widened in the frdure_ How will the neighborhoods on the east and west sides of Wadsworth be connected, and will there be improved ways to cross Wadsworth as a pedestrian? Different optians for crossing Wadsworth will be considered during CD OT's planningprocess for the roadway widening. Future crossings will probably contimre to be at grade (as opposed to an elevated walkway), however there are improvements that can be considered to make the crossingfeel more safe. For example, medians would allow pedestrians to stop safely in the roadway and adjusted signals would allow more time for crossing Will the mixed use zoning allow six (6) story aparment buildings? It depends. Tire Mixed Use - Commercial _one district ono allows six (6) story st uctures for »rived use buildings. For example if the frrstfloor contains commercial uses, an addiSonal five (5) stories may tnclude residential ruses_ Single rise buildings in the MU-C district are only allowed uup to four (4) stories. For point ofmference the Commercial -One (GI) zone district currently allows stnuctm es up to 50-feet in height- If the mixed use zoning is approved, how do you prevent the construction of thousands of rental apartments in six (6) story buildings? Tire zoning code does not distinguish between renter occupied and ouner accurpied residential rants, and six (6) ston structures would only be allowed for mired use buildings. Based our market conditions and preliminary utiltry capacity studies, it is umhkely that the corridor will be able to support thousands ofrrew residential units_ That being said, there is the potential for several hundred new residential units, and the City is encouraging this type of development r}lew residential construction allmcts more people to the corridor, supports business in the area, andprotiides mote housing options for the Cr ;y For a variety of reasons, the City wants more people living and working along Madsworth_ Will there be a new public library on Wadsworth? There is curer errtly rno proposal for a new library on Wadsworth, although civic ruses are allowed and encoraged under the mixed use zoning If the rezoning is approved and existing property owners want to make improvements to their property, will they be subject to the new architectural standards? The Commrmity Development Depwiment has met with merry properly owners along the corridor and recognizes the limitations of m Istingproperves. In response, the mixed use code includes language Sratprovides some relteffor current structures that do not meet the architectural requirements in the code. If an existing structure is expanded by more than 151 of the grass floor area, the new standards will apply to the expansion, wherepracBCaL The residential transition requirements address new mixed use development adjacent to single- and two-family uses. What are the setback requirements for mixed use development next to the Residential -Three (R -3) zone district (where there is multi- family residential)? Residential transition and upper story stepbacks are required where new mixed use development abuts residentially or agriculturally zoned lots that contain single- or rive- family residential uses. These upper story stepbacks do not apply where new development is adjacent to properties zoned R -3, however there are other setbacks and buffers that will apply. For example, surface Planning Commission Case WZ- 11- 03/Wadswortb Corridor Rezoning 15 parking lots on ►-fU- Cproperiy are subject to landscape buffer reTarements, and all other development is subject to a foot rear Jmd setback If the rezoning is approved how soon can someone build and be subject to the mixed use requirements? The Wadsworth rezoning is expected to be approved by late summer, and the mixed use zone district would become effecthe 15 days after City Council approval. When the properly at 44' and Wadsworth was rezoned, wasn't there discussion of including County buildings? Is Jefferson County still expected to build on that site? The Urban Renewal Authority has been negotiating with potential end users ofthis site. While Je County had indicated significant interest in locating services at 44" and Wadsworth, they have since withdrawn from the site A recent change in County Commissioners has resulted in a review of the Coumy's capital investment budget At this point there are no plans far a County building on the site. Didn't City Council approve $1 million for infrastructure at 4P and Wadsworth to attract the County to the site? City Coumcil did amhori_e money to supplement the Urban Renewal AuthoMy in the short -term for infrastructure carts. They are using some of that money now for demolition ofthe existing structures, and will continue to rase the finds for infrashuchne regardless ofwhether the County is an end user on the site. Within the proposed boundary are you planning to rezone only the Cl properties to MU-C? No, the proposal includes rezoning all parcels within the boundary to APAed Use - Commercial This includes properties that are currently zoned Neighborhood Commercial (-V C), Restricted Commercial (A-Q, Commercial -One (C1), Commercial -Tno (C -2), and Planned Commercial Development (PCD)_ What is this timeline for this rezoning process? Although it is not a required step in the rez,oningprocess, our next action will be astudy session with City Council_ After the shady session there will be a public hearing before Planning Commission, folloived by a public hearing before City Council The City Council public hearing is expected to takeplace sometime in mid to late simmer- Planning Commission Case WZ- 11- 03iWadsworth Corridor Rezoning 16 CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. WZ- 11 -03, a City- initiated rezoning of the Wadsworth Corridor to Mixed Use Commercial (MU -C), will be held in the City Council Chambers, Municipal Building at 7500 West 29` Avenue, Wheat Ridge, Colorado, on June 16, 2011 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. The full text of this notice is available in electronic form on the City's official website, www.ci.wheatrid rel co.us Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, June 2, 2011 ♦ 1( City of l WheatRdge COMMUNITY DEVELOPMENT Legal Description Case Number WZ- 11 -03: City- initiated rezoning of the Wadsworth Corridor the Mixed Use Commercial (MU -C) zone district. The area proposed to be rezoned is located generally north of West 35" Avenue, west of Upham Street, south of West 45` Avenue, and east of Yarrow Street, as shown on the below map. The area to be rezoned includes adjacent right -of -way, extending to the centerline of that right -of -way. 45TH AVE U F- Z �j N Y _ ! N We TH PL >_ O >I : ". Z 44TH PL' W . J N' Y'. puumd �,nuu tiuu.u.nu� i - .�� :44TH AV AVE, 38TH AVE f r C U < '. �'� L•��iu.uY C Y! N': yuuuu�s.H AVE. Z' Nj. J � Q � N N ' c _ <'' W U Q' Z a _ a' 36TH PL 36TH AVE ....unun� 42ND AVE 91.........F %uunu... F Lnuu......... 3 THREE ARE LN Y' o re rr _ Q JII.11.11.11: � ' Y • • rn 41ST AVE x 3 oR s� W 39TH AVE 3 nun•n 7inuu....n!. :. N - -.- ALLISON!CIR : > i J m _ 38TH AVE f r C U < '. �'� L•��iu.uY C Y! N': yuuuu�s.H AVE. Z' Nj. J � Q � N N ' <'' W U Q' Z a _ a' 36TH PL 36TH AVE rn r r f � U N = S i 35TH PL'', THq�t City of Wheatjdge CoMMUNIIY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 20 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 May 17, 2011 Dear Property Owner, On March 14, 2011 the Wheat Ridge City Council formally initiated a legislative rezoning of properties located on the Wadsworth Boulevard corridor, roughly between W. 35 "' and W. 45 "' Avenues (please see enclosed map for the boundaries of the rezoning area). The rezoning would apply the Mixed Use - Commercial (MU -C) to all of the properties in the rezoning area. The purpose of the rezoning is to help implement the vision for Wadsworth to be redeveloped with higher - density, mixed -use development, as established in the Wadsworth Corridor Subarea Plan (2007) and the City's Comprehensive Plan, Envision Wheat Ridge (2009). The City started work on mixed use zoning targeted for Wadsworth and other priority redevelopment areas in early 2010. That process involved a meeting with property owners in the targeted rezoning area. Staff also held a meeting for property owners on November 9, 2011 to inform them of the MU -C zoning and seek input on a City- initiated rezoning for the corridor. Since the rezoning was formally initiated by City Council on March 14, the City held a neighborhood meeting for all property owners within 600 feet of the rezoning area on April 13, 2011. Now that the neighborhood meeting is complete, the next steps in the rezoning process are public hearings before Planning Commission and City Council. At the Planning Commission Public Hearing, the Commission will recommend either approval or denial of the rezoning. City Council will then vote to approve or deny the rezoning at a final Public Hearing. The purpose of this letter is to inform you that the City is proceeding with the public hearings for the Wadsworth rezoning on the following dates: (1) Planning Commission Public Hearing —June 16 "' at 7pm (2) City Council Public Hearing — July 11'" at 7pm Both meetings will be held at Wheat Ridge City Hall, 7500 W. 29 °1 Avenue, in the City Council Chambers on the first floor. These public hearings represent the final opportunity for property owners to comment on the proposed rezoning. If you have specific questions about the proposed MU -C zoning or the meeting dates outlined above, please contact Sarah Showalter, Planner II, at 303 - 235 -2849. Sincerely, Kenneth Johnstone, Community Development Director www.ci.wheatridgexo.us TH PL h N 41STAVE [fit - -. _._.. 'I■ ■ W ;._. Z I !.. _. _... 7 PL r .1 J _Q y� Wadsworth Corridor City- Initiated Comprehensive Rezoning Proposed Rezoning Area 302 POPLAR LLC 3765 COMPANY 3815 WADSWORTH LLC % MICHAEL DWYER KEVIN HARPER PO BOX 370327 PO BOX 3346 966 S JOSEPHINE ST DENVER CO 80237 BOULDER CO 80307 DENVER CO 80209 3885 UPHAM PROPERTIES LLC QUALITY LIFE MANAGEMENT JAY MOSKOWITZ 2932 FENTON WHEAT RIDGE CO 80214 44TH AND WADSWORTH LLC % PACIFIC WEST DEVELOPMENT 9440 SANTA MONICA BLVD 706 BEVERLY HILLS CA 90210 AAA PROPANE SALES 7405 W 44TH AVE WHEAT RIDGE CO 80033 ALLEN EDWIN S PO BOX 1989 WHEAT RIDGE CO 80034 BRODIE LEON J PO BOX 2071 FRASER CO 80442 CALKINS BRADLEY H % BRADLEY PETROLEUM INC 7268 S TUCSON WAY ENGLEWOOD CO 80112 CHAR ROSE TOWNHOMES LLC MARY SHERIE SWARTS 4200 YARROW ST 19 WHEAT RIDGE CO 80033 COMMERCIAL FEDERAL SAVINGS & LOAN ASSOC % BANK OF THE WEST TAX DEPT 1450 TREAT BLVD WALNUT CREEK CA 94597 ER & IJ WINKELMAN TRUST % CSK AUTO CHECKER 4288 PO BOX 19063 PHOENIX AZ 85005 GRAUL E GEORGE PO BOX 892 WHEAT RIDGE CO 80033 HAMMOND LAND COMPANY LLC TODD HAM 40ND 7630 W 39TH AVE WHEAT RIDGE CO 80033 ANDERSON ROBERT E 3221 N COMMERCE CT CASTLE ROCK CO 80104 BUGELLIEMANUEL BUGELLI BIRTE ANN 5455 LANDMARK PL 1213 GREENWOOD VILLAGE CO 80111 CARVER VAN E 6735 W 31 ST AVE DENVER CO 80214 CHESROWN FORD INC WADSWORTH BLVD WHEAT RIDGE CO 80033 CRAMER DWIGHT L TRUSTEE CRAMER BEVERLY A TRUSTEE 3901 WADSWORTH BLVD WHEAT RIDGE CO 80033 FATZINGER CHARLES W 7304 COORS CT ARVADA CO 80005 GRAUL RUTH CO- CONSERVATOR SWARTZ MARY SHERIE LOECHER EILEEN %G E BOATRIGHT 4315 WADSWORTH BLVD WHEAT RIDGE CO 80033 HARBORZEL PARTNERSHIP HARBORZEL GENERAL PARTNERSHIP FLO LLC 10231 E POWERS AVE GREENWOOD VILLAGE CO 80111 BELLA LUNA INVESTMENTS LLC 7750 W 38TH AVE WHEAT RIDGE CO 80033 C & D INVESTMENTS LLC 2355 YARROW ST LAKEWOOD CO 80216 CHAO LAI FONG 7482 N DEPEW ST WESTMINSTER CO 80003 CINNA LLC 4105 WADSWORTH BLVD WHEAT RIDGE CO 80033 EDWARD E COLSON III TRUST COLSON KAREN JEANN SCIOTTO DENNIS R 2646 MARMOL CT CARLSBAD CA 92009 GENUARIO JEFFREY GENUARIO ELIZABETH 7400 WINTER BERRY LN CASTLE ROCK CO 80108 H J H LIMITED LIABILITY COMPANY ROBERT MAKATURA 4100 WADSWORTH BLVD WHEAT RIDGE CO 80033 HARMAN MANAGEMENT COPP % HARMAN - THORNTON INC 5544 S GREEN ST MURRAY UT 84123 HOCKMAN DENNIS HOMFRAY CREEK DEVELOPMENT IB PROPERTY HOLDINGS LLC 7661 W 41ST AVE LLC %BAYVIEW LOAN SERVICING INC WHEAT RIDGE CO 80033 8101 E PRENTICE AVE 605 4425 PONCE DE LEON BLVD 5TH FL ENGLEWOOD CO 80111 CORAL GABLES FL 33146 JEFFERSON COUNTY HOUSING AUTHORITY ALAN FEINSTEIN 7490 W 45TH AVE WHEAT RIDGE CO 80033 KUNZ LARRY L 11893 W 27TH DR LAKEWOOD CO 80215 MAGEE RAYMOND MAGEE SHANNON L HILLER 8735 E 28TH AVE DENVER CO 80238 PUBLIC SERVICE CO OF COLORADO 550 15TH ST DENVER CO 80202 SOSNOWSKA BURG EWA 10632 CHADSWORTH LN HIGHLANDS RANCH CO 80126 JERRY ROACH TRUST ROACH JEROME J TRUSTEE 6545 W 44TH AVE WHEAT RIDGE CO 80033 LOECHER ROGER P INVESTMENTS INTERNATIONAL 5500 W 44TH AVE DENVER CO 80212 MOUNTAIN SPRINGS PLAZA LLC 2821 S PARKER RD 215 AURORA CO 80014 ROACH INVESTMENT LIMITED PARTNERSHIP 6545 W 44TH AVE WHEAT RIDGE CO 80033 THREE ACRE LANE LLC 7610 W 42ND AVE WHEAT RIDGE CO 80033 KLM ENTERPRISES LLC 10997 ASH WAY THORNTON CO 80233 MAESEL R YELENICK TRUST 955 EUDORA ST 1602E DENVER CO 80220 PACIFIC REALTY ASSOCIATES LP 15350 SW SEQUOIA PKWY 300 PORTLAND OR 97224 S & 0 DEVELOPMENT LLC 2421 W EDGEWOOD DR JEFFERSON CITY MO 65109 VOHOSKA VERNON D VOHOSKA MARJORIE I PO BOX 437 WHEAT RIDGE CO 80033 JANELLE LAMPSHIRE WADSWORTH 4045 CONDO ASSN INC WADSWORTH BUILDING COPP %4045 WADSWORTH LLC %ACCOUNTING DEPT 16857 E LAKE DR NE DRIVE PO BOX 371562 1650 S COLORADO BLVD CENTENNIAL CO DENVER CO 80237 DENVER CO 80222 WALTER R MORRIS IRA TRUST AGREEMENT % PRIVATE CLIENT GROUP 101 S 5TH ST LOUISVILLE KY 40202 YOUNGBLOOD TODD C YOUNGBLOOD CYNTHIA L 3818 UNION CT WHEAT RIDGE CO 80033 PROPERTY SERVICES 1600 JACKSON ST 180 GOLDEN CO 80401 WHEAT RIDGE 08 A WHEAT RIDGE 08 A LLC 12411 VENTURA BLVD STUDIO CITY CA 91604 YURIK JOHN J JR & LA VERNE N BERGKAMP HAROLD E % TAX DEPARTMENT PO BOX 256 DUBLIN OH 43017 AUTONATION HARRY BRUMLEY FORT LAUDERDALE FL 33301 YANGTHOMASS YANG SUSAN Y YU CHUA GIM LAND %APPLEWOOD OFFICE PARK 2700 YOUNGFIELD 280 LAKEWOOD CO 80215 WESTERN CENTERS, INC FsILA_CE KITAJIMA AMCAP PROPERTIES, INC FIRSTBANK OF WHEATRIDGE N A DF.NISF. ECKARDT % FIRS BANK HOLDING CO 2821 S PARKER RD 215 AURORA CO 80014 PO BOX 150097 LAKEWOOD CO 80215 BOROUMAND ENAYATALLAH BOROUMAND ENAYATALLAH TRUSTEE PO BOX 117639 BURLINGAME CA 94011 ; e"fem q City of a" Wheat�idge Memorandum TO: The Mayor and City Council THROUGH: Patrick Goff, City Manager Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner II DATE: April 22, 2011 (for May 2 Study Session) SUBJECT: Legislative Rezoning of Wadsworth Corridor Introduction In September 2010 City Council adopted new mixed use zone districts. The mixed use zoning encourages higher- density, mixed use development and allows for a streamlined, administrative review process. In writing the mixed use code, planning staff held meetings with property owners in priority redevelopment areas of the City, including the Wadsworth corridor. At these meetings, staff asked for input on the topic of City- initiated legislative rezoning. A legislative rezoning could benefit property owners by re- entitling their land at no cost, while allowing for any existing use or business (even those that become nonconforming under the mixed use zoning) to remain in perpetuity and, in most cases, expand. Based on feedback received at these meetings, staff recommended to City Council that the City first move forward with a legislative rezoning on the Wadsworth corridor, roughly between 38 and 44 Avenues. This area has demonstrated development interest as well as a strong interest from property owners in a City- initiated rezoning. Staff held a meeting for Wadsworth property owners in November 2010 to share the adopted mixed use ordinance and to ask for specific feedback on moving forward with a City- initiated rezoning. Staff also mailed a survey to all property owners, asking them to respond either in favor or against the rezoning. At the City Council Study Session on February 2, 2011, staff presented the results of this survey. Of the 56 surveys mailed to property owners, 13 were returned. Of these 13 responses, ten were in favor of the rezoning and three were opposed. City Council decided to initially proceed with a rezoning map that included all properties, but specifically asked staff to contact those property owners who expressed opposition. City Council then adopted a Resolution on March 14, 2011 to officially initiate the legislative rezoning. Since adoption of the Resolution, staff conducted outreach to the three property owners who expressed opposition and also held the required neighborhood meeting. The purpose of this memo is to summarize the outcome of the property owner outreach and the neighborhood meeting, and to request direction from Council for proceeding with the next steps in the legislative rezoning process. Rezoning of Wadsworth Corridor May 2, 2011 Page 2 Property Owner Outreach Staff directly contacted the three property owners who expressed opposition to the rezoning in order to schedule meetings to discuss their concerns. Staff was able to meet with two local property owners: the owner of 7630 W. 39 Avenue (where a large- animal veterinary clinic currently operates) and the owner of 3885 Upham Street (which contains an office building). After meeting with staff, both of these owners changed their position and have submitted to staff in writing that they are in support of the legislative rezoning. The remaining property owner, a development firm based in Oregon, owns 7525 W. 40' Avenue, which is currently leased to a Pep Boy's store. This property is depicted in the attached map (Exhibit 1) in red. In response to the initial survey, the owner's attorney submitted a letter outlining their reasons for opposition to the rezoning and requested that their property not be included (Exhibit 2). The primary reason cited for opposition was a recorded agreement that places easements and development restrictions on their property and other adjacent properties. Specifically, they expressed concern that these easements, which can only be changed by consent of all property owners who are party to the agreement, would prevent redevelopment of the site from meeting some of the mixed use zoning requirements, such as a build -to for new buildings. The letter also cited concern that the proposed Mixed Use - Commercial (MU -C) zoning would discourage existing property owners from investing in their properties since they would not want to comply with the design standards in the code. They also stated concern with the City's larger objectives for higher density development and a mixed use town center since Wadsworth has traditionally been an auto - oriented street. Staff contacted the owner's representative twice — once via phone and once via email — and offered to schedule a time to talk with either or both the owner and attomey about their stated concerns. The attorney said that he would convey this information to his client, but staff has not heard back from either party. In order to address their concerns, staff sent a letter to the property owner's attorney outlining responses to their concerns. In particular, staff explained that the restrictions on development that result from the easements would also be an issue under the site's existing zoning since the property is within the contemporary overlay in the Architectural and Site Design Manual (ASDM). This overlay has build -to requirements similar to those in the MU -C zone district as well as architectural requirements that in some cases are even more restrictive than the MU -C zoning. It is staff's position that the easements are the result of a private agreement that could be amended, especially if the properties in the area came under one ownership, and that they are not a reason to preclude rezoning of the site. Staff also addressed other concerns stated by the owner, which may be reviewed in a copy of the letter (attached as Exhibit 3). Neighborhood Meeting The zoning code requires that a neighborhood meeting be held for any legislative rezoning. All property owners within a 600 -foot radius of the rezoning area are invited to the meeting. Staff held this meeting on April 13, 2011 and approximately 30 property owners attended. The majority of attendees were residents who live near the Wadsworth corridor but are not property owners within the rezoning area. At the meeting, staff gave a presentation explaining the City's plans for Wadsworth and explaining why the rezoning to MU -C is being pursued. Staff also provided specific 2 Rezoning of Wadsworth Corridor May 2, 2011 Page 3 information about what the MU -C zoning would allow in terms of permitted uses, development standards, and design guidelines. Overall, the reaction at the neighborhood meeting was positive. Most of the questions received were not related to the rezoning, but rather to the potential widening of Wadsworth and the future of specific development sites (please see the neighborhood meeting notes, Exhibit 4). Next Steps and Requested Feedback Now that the neighborhood meeting is complete, the next step is to go to Planning Commission for a Public Hearing. Planning Commission will recommend approval or denial of the rezoning, and then the rezoning would go to City Council for final approval. Staff would like any input that City Council might have on the objections cited by the property owner that remains in opposition to the new zoning. We would also like direction on whether to schedule the public hearing before Planning Commission. Please note that, after the Planning Commission hearing is complete, City Council has the opportunity to amend the rezoning map when the case comes before them either at the first or second reading. Attachments: 1. Exhibit 1 — Updated Rezoning Map with property owner responses 2. Exhibit 2 — Letter from the attorney representing the owner of 7525 W. 44 Avenue 3. Exhibit 3 — Letter to the attorney representing the owner of 7525 W. 44 Avenue 4. Exhibit 4 — Neighborhood meeting notes Rezoning of Wadsworth Corridor May 2, 2011 Page 4 H Exhibit �a M December 10, 2010 City of Wheat Ridge Community Development Department 7500 West 29 Avenue, Second Floor Wheat Ridge, Colorado 80033 ATTENTION: Sarah Showalter sshowalter@ci.wheatrid eg co.us Michael A. Smith (303) M-4643 msmilh@jawbschase corn Re: REZONING OF WADSWORTH BOULEVARD WEST 38 TO WEST 44 Dear Ms. Showalter: I am writing on behalf of Pacific Realty Associates, LP, which is the owner of the property located at the northeast corner of the intersection of 44` Avenue and Wadsworth Boulevard in Wheat Ridge. That property is occupied by a Pep Boys store. It is a large site, containing 113,974 square feet, on which there is located a 27,756 square foot building and an approximately 86,000 square foot parking lot. Last year, this parcel generated $33,827.28 in real property taxes and in excess of $200,000.00 in sales taxes. My client strongly opposes the proposed rezoning. Additionally, my client would request that their property not be included in the area of the proposed rezoning if the City Council decides to proceed ahead. My client's opposition is based on a number of points. The first point has to do with the encumbrances, easements and restrictions of record. This portion of Wadsworth Boulevard has been an automobile- focused development since it was initially developed. As a result, the development of the individual properties along this portion of Wadsworth Boulevard has proceeded using schemes that supported and enhanced commercial uses and development based on automobiles. An examination of the status of the underlying title to many of these properties, including my client's property, would indicate that there are complementary cross easements and access easements that burden and benefit many of these properties. These easements generally exist to provide access from Wadsworth, 44 and 38` to a group of businesses sharing a parking lot. and to provide back and forth access across shared parking lots to those businesses. Because these easements affect multiple properties, it would take the consent of all of the owners of the affected properties to 1050 17th Street Suite 1500 Denver, CO 80265 303 - 685 -4800 303 - 685 -4869 fax www.jacobschase.com Exhibit 2 City of Wheat Ridge Community Development Department ATTN: Sarah Showalter December 10, 2010 Page 2 make any changes to those agreements. Additionally, the consent of any lenders who have encumbered any of these properties would also be required for changes. The Pacific Realty Associates, LP Property is encumbered by the attached AGREEMENT CREATING GRANT OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND. This document imposes a number of restrictions and easements on my client's property. Many of those restrictions are fundamentally inconsistent with the terms of the proposed rezoning, however, the proposed rezoning does nothing to eliminate or modify the provisions of the AGREEMENT CREATING GRANT OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND. This problem is critical, because no development can take place that would be inconsistent with these easements and rights without the amendment of the easements and rights, short of the exercise of eminent domain. A property owner who might be interested in developing its property in accordance with the proposed standards would find that the easements and other rights which affect his property would not allow the proposed development. Unless all of the property owners would be willing to amend their property rights, and all of their lenders would be willing to consent to those amendments, the proposed rezoning does not provide any meaningful opportunities for change. The proposed rezoning, even with the provisions for non - conforming uses, would only discourage the existing property owners from investing in those buildings and properties. The requirements for parking lot screening, street orientation and transparent facades, as examples, only serve to discourage property owners from improving their existing properties. The businesses along this portion of Wadsworth Boulevard provide substantial sales tax revenue to the City of Wheat Ridge. Any evaluation of the proposed rezoning should consider seriously whether the types of businesses that would occupy the proposed development would produce sales tax revenue that would replace the sales tax revenue generated by the existing businesses. Additionally, this concept of pedestrian- friendly development is not appropriate for this location. The portion of Wadsworth Boulevard proposed for this change is immediately south of Interstate 70 — a large and very busy multi -lane highway. There is no prospect that Interstate 70 will ever be relocated away from its current location. The most likely future for Interstate 70 will be continued expansion. Interstate 70 serves as an almost complete barrier to persons coming on foot or by bicycle from north of Interstate 70. Additionally, the exit and entrance ramps on the south side of Interstate 70 make getting to this portion of Wadsworth Boulevard, (00275186.DOC 2) City of Wheat Ridge Community Development Department ATTN: Sarah Showalter December 10, 2010 Page 3 north of the interstate, also problematic and dangerous for pedestrians. Each of Wadsworth, 44 Avenue and 38 Avenue are major thoroughfares. Pedestrians will not easily be strolling across Wadsworth to window shop and explore. Additionally, this portion of Wadsworth Boulevard is not within a meaningful proximity to the FasTracks station proposed for the Gold Line to take advantage of the transit - oriented development possibilities. The proximity of Interstate 70 serves to provide a serious detriment to any residential development that would be proposed for these properties along Wadsworth - -one of the goals of the proposed changes. The noise alone would discourage residential living. Additionally, the residential development planned in the proposed rezoning would be on the upper floors of vertical development. Those upper floors would be even more adversely affected by the noise from Interstate 70, Wadsworth Boulevard, 40 Avenue and 38" Avenue. The vision of a town center, as contemplated by the proposed rezoning, does not have a strong track record of success. Before any rezoning is adopted, other attempts at creation of town centers should be examined to evaluate the factors that led to success or failure. The most recent example in the metropolitan area was the attempt in Aurora, which has not yet succeeded in creating a pedestrian- friendly town center. In other locations where a town center has been created, the first, and most significant differentiating factor has been the fact that the entire property involved has been under the control of a master developer. Both Belmar and the Stapleton Town Center had that advantage. Here the properties covered by the proposed rezoning are owned by a fairly large number of owners, some of whom own large parcels and some of whom own small parcels. Both Belmar and Stapleton also had the advantage of being large parcels where the entire parcel was going to be developed over time. Both were designed with adjacent high density residential complements. The Wadsworth corridor does not have either of those advantages. Neither Belmar nor the Stapleton Town Center has a sufficient track record to determine if this type of town center development will be successful in the long term. Pacific Realty Associates, L.P.has significant experience in mixed use development. It is the developer of the 200 -acre nationally recognized Orenco Station in Hillsboro, Oregon. This project was awarded the National Home Builders Association "Best Planned Community in America" in 2000 and the "M Top 10 Communities in the World" in 2002. Pacific Realty Associates, L.P. believes the requisite components for successful mixed use development does not exist in this Wadsworth Boulevard location. {00275186.DOC 2) City of Wheat Ridge Community Development Department ATTN: Sarah Showalter December 10, 2010 Page 4 Pacific Realty Associates, LP strongly opposes the proposed rezoning. If the proposed rezoning proceeds, Pacific Realty Associates, LP would request that the boundary of the proposed rezoning ends at the south side of 44 Avenue, or that the Pacific Realty Associates, LP property be excluded from the proposed rezoning. Very ly yours, ichael A. Smith MAS:jc Attachment (00275186.DOC 2) THIS AGREEMENT nodc. this 23rd day of ;.arch , 1972, be tween SAFE SPORES, IIICOPWORATED, a Maryland corporation, h •rein called "Safeway ", and WHEAT P.IDGE HATIWAL L'A:19, a national banking associa- tion, herein called "Bank ". - R F. C I T A L S 1. Safeway is the owner of Parcel I as shown on the plan'attachud hereto as Exhibit "A" hereof, and which is more particularly describc-d as Parcel I on Exhibit "D" hereof. 2. Bank is the owner of Parcel II as shown on the plan attache hereto as Exhibit "A" hereof, and which is more fully described as Parcel II on Exhibit "B ". hereof. 3. Safeway is the owner of Parcel III as shown on the plan attached hereto as Exhibit "A" hereof, and which is more particularly described as Parcel III on Exhibit "B" hereof, and Bank contemplates the purchase of said Parcel III from Safeway. 4. Safeway and Bank, desire that said Parcel I, Parcel I_!. and Parcel III be developed in conjunction with each other to form a com- arcial shopping center (s onetir..es her =_in after referred to as tha "sh000ing " center") and desire said Parcel I, Parcel II, and Parcelill 1e subject to the easements and the covenants, conditions and restrictions hersinafter. I set forth, pursuant to a general plan of improvement of said Parcel I, Par• cel II and Parcel III. _ A G R E E M E N T -. f I In consideration that the following encumbrances shall he binding ! .'upon the nartics hereto and shall attach to and run with ?arcs! I, Parcel I '_ - II and Parcel III, and shall be for the benefit of and shall he li�.itation: I -upon all future owners of said Parcel I, Parcel II and Parcel III a:d ! that all easements herein set forth shall be appurtenant to the de._nant i estates,. and in consideration of the promises, covenants, conditions, i restrictions, easements and encumbrances contained herein, Safeway and i Bank do hereby agree as follows: T ERM S 1. °Building Areas" as used herein shall mean that portion of Parcel I devoted from time to tine to building improvenents, that portion of Parcel II shown on Exhibit A as "Future Restaurant" and "Future Shops ", and that portion ofParcel III shown on Exhibit A as "Future Bank ". .. ° Common Areas" shall be all of Parcels I, II, and III except said Building Areas. 2. No building shall be constructed on Parcels I, II or III, except withi: the building areas or shall exceed one story in height (35 feet) (p?_s mezzanines) anC such buildings shall be for co =ercial p_rooses of tea type usually found in a retail shop ?inn center and that the tenants occupying sa -e shall be primarily retail and service tenants of t.-.e type normally associated with a retail shoo?inc center and Suildings -shall be designed and built in conforn.it_y with sound architecc_ral �.d ongineerinc standards. It being further acread that the buildings will be of first c_uality construction and architecturally designed so t at the exterior elevation of each will be architecturally and aesthetically conpatible with the other buildings, and so cons t ructad that t e c wall of each of said buildings on Parcels I and II will be cont'_cuccs at Said -property line, all as shown on E ; and furthermore, the parties shall cooperate provide co =on footings and cneroach=ant permits or easements for sane to permit the construction of any aijcining walls, or reach noreanent on construction and use o'_ -a P-arty wall with easements for same and the footings of such wall, if the use of a party wall is decaed acce ?table by both partial. It is furt:: ^_r acread and understood that Safeway will construct a sprinklered building on Parcel I and Developer will provide that any b::i ldiag coa::trueta immediately adjacent to the Safeway building will also b_. sprinklered. 2358 384 4.30E2K�;. =i'� s is i:1 10377 2t. 14 ; ii i)4- AG7rr:v: :1T Cl'XI I11G r;RA' +T 1^ r ,r•TfD WITH COV11117.:1'1'S AND iq::i'I'YI Cf i'1: Y i.!`I " SC ".'7:1 LA:11) THIS AGREEMENT nodc. this 23rd day of ;.arch , 1972, be tween SAFE SPORES, IIICOPWORATED, a Maryland corporation, h •rein called "Safeway ", and WHEAT P.IDGE HATIWAL L'A:19, a national banking associa- tion, herein called "Bank ". - R F. C I T A L S 1. Safeway is the owner of Parcel I as shown on the plan'attachud hereto as Exhibit "A" hereof, and which is more particularly describc-d as Parcel I on Exhibit "D" hereof. 2. Bank is the owner of Parcel II as shown on the plan attache hereto as Exhibit "A" hereof, and which is more fully described as Parcel II on Exhibit "B ". hereof. 3. Safeway is the owner of Parcel III as shown on the plan attached hereto as Exhibit "A" hereof, and which is more particularly described as Parcel III on Exhibit "B" hereof, and Bank contemplates the purchase of said Parcel III from Safeway. 4. Safeway and Bank, desire that said Parcel I, Parcel I_!. and Parcel III be developed in conjunction with each other to form a com- arcial shopping center (s onetir..es her =_in after referred to as tha "sh000ing " center") and desire said Parcel I, Parcel II, and Parcelill 1e subject to the easements and the covenants, conditions and restrictions hersinafter. I set forth, pursuant to a general plan of improvement of said Parcel I, Par• cel II and Parcel III. _ A G R E E M E N T -. f I In consideration that the following encumbrances shall he binding ! .'upon the nartics hereto and shall attach to and run with ?arcs! I, Parcel I '_ - II and Parcel III, and shall be for the benefit of and shall he li�.itation: I -upon all future owners of said Parcel I, Parcel II and Parcel III a:d ! that all easements herein set forth shall be appurtenant to the de._nant i estates,. and in consideration of the promises, covenants, conditions, i restrictions, easements and encumbrances contained herein, Safeway and i Bank do hereby agree as follows: T ERM S 1. °Building Areas" as used herein shall mean that portion of Parcel I devoted from time to tine to building improvenents, that portion of Parcel II shown on Exhibit A as "Future Restaurant" and "Future Shops ", and that portion ofParcel III shown on Exhibit A as "Future Bank ". .. ° Common Areas" shall be all of Parcels I, II, and III except said Building Areas. 2. No building shall be constructed on Parcels I, II or III, except withi: the building areas or shall exceed one story in height (35 feet) (p?_s mezzanines) anC such buildings shall be for co =ercial p_rooses of tea type usually found in a retail shop ?inn center and that the tenants occupying sa -e shall be primarily retail and service tenants of t.-.e type normally associated with a retail shoo?inc center and Suildings -shall be designed and built in conforn.it_y with sound architecc_ral �.d ongineerinc standards. It being further acread that the buildings will be of first c_uality construction and architecturally designed so t at the exterior elevation of each will be architecturally and aesthetically conpatible with the other buildings, and so cons t ructad that t e c wall of each of said buildings on Parcels I and II will be cont'_cuccs at Said -property line, all as shown on E ; and furthermore, the parties shall cooperate provide co =on footings and cneroach=ant permits or easements for sane to permit the construction of any aijcining walls, or reach noreanent on construction and use o'_ -a P-arty wall with easements for same and the footings of such wall, if the use of a party wall is decaed acce ?table by both partial. It is furt:: ^_r acread and understood that Safeway will construct a sprinklered building on Parcel I and Developer will provide that any b::i ldiag coa::trueta immediately adjacent to the Safeway building will also b_. sprinklered. 2358 384 3, Suhjact to cYiating easmaonts of r,rord- the common area s•rnll be used for roadonye;, walY.vayn, ingress .:;) c(Jr:•ss, parking of mot)r vehicles, loading and unloading of conmorcial and other vchic)cs, -for driveway purposes, and for the convenience and comfort of Gusto -ars, invitees and employees of all businesre: and occupants o£ the buildings constructed within said building areas. Lach party, as grantor, hereby -• grants to the other party for the benefit of said other party, its employ- ees, customers and invitees a nonexclusive casement for roadways, Walk- ways, ingress and egress, the parking of motor vehicles, use o. facilities installed for the comfort and convenience of employees, customers and invitees on the common areas of the grantor's p arcel, Gusto,^.. =rs and invitees shall not be permitted to parr, in the common areas except while shopping or transacting business on Parcel I Parcel II or Parcel III. Employees shall not be permitted to park, in the common area, -except in ar =_ designated as employee parking areas which may be from time to time :utua: approved between the parties hereto. Persons using common areas in accordance with this agreement shall not be charged any fee for such use. All of the uses permitted within the common areas shall be used with reasc and judgment so as not td interfere with the primary purpose Of the cor=n areas which is to provide for parking for the customers, invitees and employees of those businesses conducted within the building areas and . for the servicing and supplying Of such businesses. The foregoing shall not be construed as fforbidding the granting of appropriate and proper easements for installation, r =_pair and replace- - - ment of storm drains, utilities, sewers and other proper services �- necessary for the orderly develoo and operation of the common areas j . - and the buildings to be erected upon the building area. Both parties ! will use their best effort to cause the installation of such utility 11. ^.es ' prior to the paving of the common area. The parties shall cecperate in the granting of easements between the parties hereto to provide for such • utilities and services serving such buildings and the common area. j -4. When any building is constructed within the building area On - I Parcels I, II or III, the common areas on Parcels on which the ! buildings are constructed shall be developed in accordance with I 'Exhibit "A" at the expense of the owner o£ said Parcel. Bank access _ that Safeway may fill, grade and install paving and other common area improvemonts on such portions of the Parcel II common areas as Safaway "- may desire at time Safeway constructs and improves common areas -in the north 120 feet of Parcel I and Bank shall reimburse Safeway for the cost of such fill, grading and paving and other improvements. Both ! parties agree that at all times there shall be maintained on all ?arcels 1, II and III not less than three (3) square feet of developed common ! -area for each one (1) square foot of total building floor area on said I "Parcels, including all basements end mezzanines. - ! `Following' completion of the improvement of the common area, as aforesaid, - parties hereto shall maintain said common area in good condition and repair, said maintenance to include, without limiting the - generality - :of the foregoing, the following: '(A) Maintaining the surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally - installed or such substitute as shall in all res_e_cts be ecual in quality, use and durability. (B) Removing all papers, debris, filth and refuse and thoroughly • sweeping the area to the extent reasonably necessary to keep the 'area in a'clean and orderly condition. (C) Placing, keeping in repair and replacinc any necessary appropriate directional signs, markers and lines. - (D) Operating, keening in repair and reolacinc, where necessary, such artificial lighting facilities as shall be reasonably required. (E) Maintaining all perimeter walls in a good condition and state .of repair, and , (P) Maintaining all landscaped areas and making such replacements of shrubs and other landscaping as is necessary. : 235$ 385 23bN 356 All portions of the common areas shall be maintained as out.+' above at the expense of the respective o•wnen; thereof. The arrangamert ::f the common areas shall not be changed except by mutual agreement of the owners of 75% of the land area of Parcel I and Parcel 11 and Parcel III, together with .Safeway's written consent so long as it has an interest either as tenant or owner of Parcel I and the consent cf Bank, so long as it has an interest either as owner or tenant in Parcel II or III. Subject to the mutual agreement of the above- snticned parties, a third party nay be appointed as an agent of said partiss to maintain the common area in a manner as above outlined.. Said third party may receive for such agency a fee that is mutually acceptable to all parties to cover supervision, nanacement, accounting and similar fees which sums are to be included in the general maintenance expensa paid by the respective owners of the common area. Each of the parties hereto agree to pay or cause to be paid, prior to delinquency, directly to the appropriate taring authorities all - real property taxes and assessments which are levied against that part of the common area owned by it. 5. No signs shall be located on the comom areas on Parcels I, II or III except signs advertising businesses conducted thereon, with' no more than two (2) signs on the common areas on Parcel I and two (2) signs on the common areas on Parcel II and one (1) sign on per- . cel III. No signs shall obstruct the ingress and egress shown on Exhibit " ". - 6. Each party hereby indemnifies and saves the other party harmless i from any and all liability, damage, expense, causes of action, snits, claims, or judgments arising from injury to person or property a__ i occurring on its own parcel except if caused by the act or neglact I of the other party. Each party shall provide public liability insur- ance with limits of not less than $100,000/$300,000 covering its .- obligations under this paragraph. 7. Bank covenants not to permit any portion of the building area of Parcel II or Parcel III to be devoted to the sale of fresh or smoked meat, fresh fruit, fresh vegetables, fresh or smoked fish or poultrv, i dairy products, frozen food or general groceries, or any combination of these items. .... .:. _ .. __.... _ -- _...... S. Nothing herein shall be construed to give either party any inter- est in any award or payment bade to the other party in connection with + any exercise of eminent domain or transfer in lieu thereof affecting said other nartv's parcel or give the public or any government a-v i rights in Parcels I, T_I or III, it being acread that in the event of ! any such exercise of eminent domain or transfer in lieu thereof of - any part of the common areas . located on Parcels I, II or III, that the - award attributable to the land and improvements of such portion of the common areas shall be payable only to the ownef 'in'fae thereof and no claim thereon shall be made by the owners of any other portion of the co>- non areas; provided further, however, that all such other owners of the common areas may file collateral claims with the condsaaing aut-rity over and above the value of the land area and improvements so taken, and provided that nothing in this paragraph shall prevent a tenant f_m making a claim against an owner pursusnt to the provisions of an` lease between tenant and owner for all or a oorticn of - am• such award or pav- ment. It is further agreed that the ocher of the fee of each portion of the common area so condemned shall promptly repair and restore the r - maining portion of the con ^pa area so ow. ^ca as near as practicable to the condition of same immediately prior to such condemnation or transfer to the extent that the proceeds of such award are sufficient to may the costs of such restoration and repair and without contribution from any other owner. ' 9. The easements, restrictions, benefits, and obligations hereunder shall create mutual benefits and servitudes upon Parcels I, II and III running with the land, This agreement shall bind and inure to the hene- fit of the parties hereto, their respective heirs, representatives, tenants, successors, and /or assigns. i . f -3- 2358 386 2358 387 10. In event of breach or threatened breach of this agreement, only all record owners of Parcel I as a group, or record owners of 758 of the land area of Parcel II as a group, or the record owner of Parcel III, or Safeway so lonq as it has an interest as an goner in any portions of Parcel I, or Bank so long as it has an interest as owner or tenant in Parcel II or III, shall be entitled to institute nrcc=_ =d- ings for full and adequate relief from the consequences of said breach. 11. This agreement may be modified or cancelled'only by the written' consent of all record owners of Parcels I- end III and 758 of the la-.d area of Parcel II, together with Safeway's written consent as lono as it has an interest as either tenant or owner in Parcel 1. and the ccn- sent of Bank so long as it has an interest in Parcel II or III either as owner or tenant, which consents shall not be unreasonably withheld. 12. Each and every charge or burden imposed or that may be imposed upon said Parcels I II' Or III or any part thereof, pursuant to an" provision of this agreement, is, and shall at all "tir.,as be, subject and subordinate to the lien or charge of any mortgage or deed of tr made in good faith and for value, affecting said Parcels I,_II or III or any part thereof, or any improvements now or hsreafter placed thereont and a breach of any of the covenants or conditions hereof_ shall not defeat or render invalid the lien or charge of any such mortgage or deed of trust; provided however, that title to any said property acquired through sale-under foreclosure of any such nor ;age or deed of trust whether foreclosure is affected by power of sale, - judicial proceedings, or otherwise, shall be subject to all such charges and burdens affecting said Parcels I, II or III and further : ,- provided, that except to the extent hereinabove set forth, nothin= contained in this paragraph shall impair the priority of this acrss- : went over lien or charge of any such mortgage or deed of trst. 13. If during the existence of this agreement Safeway shall sell or transfer or otherwise terminate its interest as owner or tenant in Parcel I or III, or in the event Bank shall sell or transfer or ot`.ar- wise terminate its interest in Parcel II or III, then from and after the effective date of such sale, transfer or termination of interest, Safeway or Bank shall be released and discharged from any and all obli- gations, responsibilities and liabilities under this agreement, excapt those which have already accrued as of such date. 14. Unless otherwise cancelled and terminated, this agreement and all - the easements, rights and obligations hereof shall automatically termi- nate and be of no further force or effect after December 31, 2023. IN WITNESS WHEREOF, the parties hereto have executed this agreement. 1k B4 {6orpor4fe Seal) SAFEWAy STORES, INCORPORATED (a Maryland corporation) J BY ��C W�-e -i - Its Assistant - vice President Its Asses ant Secretary WHEAT RIDGE NATIONA1, DANK -4 '. 2.:58 387 The South 320 feet of Blocks 5 and 6, COGLEHANT GRA:GE, EXCEPT the East 145.4 feel, o£ V the South 145 £e. o£ said Block -, EXCEPT the Eas 243 feet of the South 120 feet of the Souti: 0 20 feet of said B1occ 5, EXCEPT the Eest 35 feet of said Bloc's 5. EXCEPT the r =est 10 feet of the South 150 _feet of said Block G, EXCEPT tae Crest 22 £Let of 'the .;...th 170 feet of t1l.e Spat.. S20 feet of said Block 6, and EXCEPT the Rest 175 feet of th South 150 feet of ss.id Slock 6, and EXCEZ2 the South 10 feet of said Blocks 5 and S. County of Jeff�rscn, State of Colo PARCEL II The South 285 feet of the Ror:h 310 feet of BlocL:s 5 and 6, Co.Tlehan Grang e, except ` - t 2 =3 feet o sa'_d Block 5 and except pest 22 feet of e South 173 feet of the North 310 _'eel of said Block 6 and except e hest :15 feet of `he South 112 fee` 0^ the North 137 of said Bloc;: 6, Cour.t7 of Jefferson, State of Colorado. PARCEL III The North 140 feet of the South 150 feet of the East 165 feet of the Rest 175 feet of Block 6, COULE _4S G RA,GE, EXCEPT tn=t Part of said Block 6, described as follows: Beginning at the Southwest corner of said Block 6; thence South along the 'nest line of Block 6 a distance of 50.00 feet: thence East and parallel to the South line of Block o a distance o 10.00 feet to the true point of beginning; thence along a curve to the left a disYacce of 31,45 feet, cectral angle of said curve is 90 and the radius of 20,00 feet; thence Rest and parallel to the South line of Block 6 a distance of 20.00 feet; thence North and parallel to the West line of Block 6 a distance of 20.00 feet to the true point of beginning, 2,58 396 EXHIBIT B z iv w m y Uzi CD O x u �m M v r cm N S m A T� W PARCEL I CA The South 320 feet of Blocks 5 and 6, COGLEHANT GRA:GE, EXCEPT the East 145.4 feel, o£ V the South 145 £e. o£ said Block -, EXCEPT the Eas 243 feet of the South 120 feet of the Souti: 0 20 feet of said B1occ 5, EXCEPT the Eest 35 feet of said Bloc's 5. EXCEPT the r =est 10 feet of the South 150 _feet of said Block G, EXCEPT tae Crest 22 £Let of 'the .;...th 170 feet of t1l.e Spat.. S20 feet of said Block 6, and EXCEPT the Rest 175 feet of th South 150 feet of ss.id Slock 6, and EXCEZ2 the South 10 feet of said Blocks 5 and S. County of Jeff�rscn, State of Colo PARCEL II The South 285 feet of the Ror:h 310 feet of BlocL:s 5 and 6, Co.Tlehan Grang e, except ` - t 2 =3 feet o sa'_d Block 5 and except pest 22 feet of e South 173 feet of the North 310 _'eel of said Block 6 and except e hest :15 feet of `he South 112 fee` 0^ the North 137 of said Bloc;: 6, Cour.t7 of Jefferson, State of Colorado. PARCEL III The North 140 feet of the South 150 feet of the East 165 feet of the Rest 175 feet of Block 6, COULE _4S G RA,GE, EXCEPT tn=t Part of said Block 6, described as follows: Beginning at the Southwest corner of said Block 6; thence South along the 'nest line of Block 6 a distance of 50.00 feet: thence East and parallel to the South line of Block o a distance o 10.00 feet to the true point of beginning; thence along a curve to the left a disYacce of 31,45 feet, cectral angle of said curve is 90 and the radius of 20,00 feet; thence Rest and parallel to the South line of Block 6 a distance of 20.00 feet; thence North and parallel to the West line of Block 6 a distance of 20.00 feet to the true point of beginning, 2,58 396 EXHIBIT B v 2358 397 STATE OF COLORADO ) as. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 27th day of March, 1972, by R. Kent Landmark, as Vice President, and William P. Johnson, as Secretary, of 1 WHEAT RIDGE NATIONAL BANK, a national banking association. My covooissien expires: WITNESS my hand and official seal. •'`.1;`, '/ Notary P c STATE OF CALIFORNIA j aa, COUNTY OFALpMEDA The foreging instrument we acknowledged before me this 24th day of :iar , �9 72 , by PATRICK s, TOTtmN , as Assistant Vice President, HICdA H, COST ELLO , as Assistant Secretary, of SAFEWAY STMMF INCORPO a corpora Son duly organized and existing under and by virtue of the laws of the State of Maryland. Yj notarial commission expires: October 5, 1975 WITNESS my hand and official seal. (Notarial Seal) WUA. W'•O Ul �fs nn �. m�n...nm nun O£WOIAL SEA1. _ Ptl 1.55 C. L I ew,, e. LAN[ _, NOTARY PIBLIC in a to of WA"weec winams - California, with principal office in LIAMEDa COUNT _ the County of Alameda. �mmm�nnnuin�i.mnnnuinnn�. "s n,� Colorado Aclnowledgment. 2358 397 i �:aDSW (3LVp ' 1,1 , a Ne y fi i - I. 1 L n t f o 1 ; e ; ✓ANCE STKE3T I 1 hl N ' y \ x d x E I �iF:oa � FIRST MiliNlklliNT TO AGREE'IENT CREATING GRANT 01' EASE - MHNTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND X ORPORATED SAFEWAY SPORES, INC /, a Maryland corporation (herein called "Safeway "), and WHEAT RIDGE NATIONAL BANK, a national banking association (herein called "Bank "), agree as follows: 1. Bank and Safeway executed a certain Agreement Creating Grant of Easements with Covenants and Restrictions Affecting Land dated !larch 23, 1972, and recorded in Book 2358 at page 384 of the Records of the Clerk and Recorder of Jefferson County (hereinafter called the "Agreement "). 2. The present record owners of Parcels 1 and 3 referred to in the Agreement is Safeway, and the present record owner of Parcel 2 referred to in the Agreement is the Bank. 3. Bank and Safeway, being the record owners of all the real estate affected by the Agreement, hereby modify said Agreement by deleting therefrom the Exhibit A which is attached thereto and inserting in lieu thereof the Amended Exhibit A attached hereto. 4. Bank and Safeway each consent to the foregoing modification of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement this 26th day of March 1973, for themselves, their successors and assigns. SAFEWAY STORES, INCORPORATED (a Maryland corporation) r r BY j�. �.... A,,iiistJan/t�jJdV1nee)� President By a ..t T-lt .r - i �� Assistant ecretary WHEAT RIDGE NATIONAL BANK Be B Secretary STATE OF COLORADO ) as. City and County of Denver ) The fo ;e�p'ing instrument was acknowledged before me this / T �day of W 4 - t ' , 1973, by R. Kent Landmark, as Vice President, and William P. Johnson, is Secretary, of WHEAT RIDGE NATIONAL BANK, a national banking association. � My commission expires: ( L! e 1 7 7- 7 WITNESS MY HAND AND OFFICIAL SEAL. _ Notary Pub STATE OF CALIFORNIA ) County of Alameda ) The foregoing instrument was acknowledged before me this 26thday .of March 1973, by PATRICK S. TOTMAN as Asst. Vice President , and RICHARD H. COSTELLO as Assistant Secretary of SAFEWAY STORES, INCORPORATED, a corporation duly organized and existing under and by virtue of the laws of the State of Maryland. My commission expires: 10 -5 -75 WITNESS MY HAND AND OFFICIAL SEAL CIII p r111ti II111n bn OFF ICIAL Waun %E'N L I uru .� I 1 } n 1 \ t O... ..!:. / ` : L , L� ✓ \ W I L�YyJ PHYLLIS C. LANE Notary Public =�± NOTARY PUCUr, RALVi431- Phyllis G. Lane AI.AMEW, C:JUNI, -tmu W nH1u 11iti u.lnwvuuam 0 nrt....n' 2- _ 4u.IG <'�yti.P ___4_vp_ _.. �C .: �- I 4'. i �i � ' ..... c...ai... _... .� R _ 1 �i n � \� A� \C�V ��� }� `q� � I a � I %i � R< ✓ �� 't I _J� Lt ` � �L �^ I ' m � i i �� 1 {h ft= I � !� `Jd NCF. � SYAF£> ' t <i � I _ .._._ ; t � S j 0� r L I �! , : �, �� ;; x ''. (i i � ' R !'. n C ji� x f i __. City of /Wheat jdgc COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 2q Ave. April 21 2011 Mr. Michael A. Smith Jacobs Chase Attorneys 1050 17'" Street, Suite 1500 Denver, CO 80265 Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.2352857 Re: City- Initiated Rezoning of the Wadsworth Corridor Dear Mr. Smith, I am writing in response to your letter, dated December 10, 2010, which you wrote on behalf of your client, Pacific Realty Associates, LP, the owner of 7525 W. 44 t1i Avenue. I, along with the Community Development Director, Kenneth Johnstone, attempted to set up a conversation with you and your client to discuss your client's reasons for opposing the rezoning. Since we have not heard back from you or your client, we wanted to send a letter addressing the concerns raised in your letter from December. As indicated during a brief phone call on March 21, 2011, the Wheat Ridge City Council adopted a resolution on March 14, 2011 that officially started the process of a legislative rezoning of properties on the Wadsworth corridor, roughly between W. 35 and W. 45 ° ' Avenues, to the Mixed Use - Commercial (MU -C) zone district. The resolution included a map (enclosed) depicting the proposed rezoning area, which includes your client's property. The boundaries of the rezoning area align with the urban renewal areas, established in the 1990s, along Wadsworth Boulevard. We have reviewed your client's reasons for opposition to the proposed rezoning to MU -C. We are aware of the easements and covenants that encumber your client's property and the limitations that this creates for new development on the property. However, this situation is also true under your client's current zoning, Commercial -One (C -1), due to an architectural overlay that was put in place with the adoption of the Architectural and Streetscape Design Manual (ASDM) in 2007. Your client's property is within the Contemporary Overlay, which has build -to requirements very similar to those in the MU -C zone district, as well as architectural requirements that, in some cases, are less flexible than those in the MU -C zoning. While the easements and covenants that encumber your client's property pose some challenges to redevelopment of the site, they in no way preclude new development that would comply with the proposed MU -C zoning. It is possible that the various property owners subject to the restrictions would agree to amending the restrictions. It is also possible that, in the future, one owner would gain control of all of the properties and have the ability to amend or terminate the restrictions. The document that establishes the easements and covenants is a private agreement that could change, that expires in 2023, and that is not directly related to the zoning of the site. Exhibit 3 www.ei.whentridge.co.us We understand your client's position that Wadsworth has traditionally been an auto - oriented street. We purposely developed the MU -C zone district to encourage a greater mix of uses and an increased emphasis on the pedestrian, while also recognizing the auto- oriented nature of this major arterial. For that reason, several car - focused uses such as auto repair (with no outdoor display) are allowed as conditional uses. This means that these uses are allowed, subject to an administrative review focused on site design in order to mitigate impacts on neighboring properties. We would also like to emphasize that the City's adopted plans for the area, including the Wadsworth Subarea Plan (2007) and the City's Comprehensive Plan. Envision Wheat Ridge (2009), call for the transformation of the Wadsworth area with higher- density, mixed use development. The intent of the rezoning is to help enable such changes over the coming decades. In response to your client's concern that the new zoning would discourage existing property owners from investing in their properties, there is language in the MU -C zoning that allows some flexibility for existing structures. For example, an existing building can expand up to 15 percent without having to meet the requirements of the code. Second, an existing building that is nonconforming due to design requirements in the code may be altered or expanded as long as the nonconformity is not made any worse. This means that a property owner could upgrade an existing fapade, for example, without having to meet the transparency requirements in the code. Overall, the proposed rezoning to MU -C is intended to be a win -win for the City and property owners. It increases the development options for properties through higher allowable densities, a wide range of permitted uses, reduced open space requirements, and flexible parking requirements. In addition, the MU -C zoning creates a streamlined, administrative review process for all new development proposals. I hope that this letter helps to clarify some of the issues related to your client's concerns. Please do not hesitate to contact me or Kenneth Johnstone to discuss any of these points in further detail. Sincerely, 7 Sarah Showalter, AICP, LEED AP Planner 11 City of W heat � c 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 MEETING NOTES Meeting Date: April 13, 2011 Attending Staff: Kenneth Johnstone, Community Development Director Sarah Showalter, Planner II Lauren Mikulak, Planner I Location of Meeting: City of Wheat Ridge Municipal Building 7500 W. 29 Avenue Wheat Ridge, CO 80033 Land Use Proposal: City- initiated rezoning of the Wadsworth Corridor to Mixed Use - Commercial (MU -C); proposed rezoning boundary is the area within the urban renewal area Attendees: Jackie Ingenthrone Tom and Gay Anne Fey At Buerger Jeff Sparkman Dave and Debbie Dowda Don Matoush Ana and Lynne Martineli David Gardenas Susan Peguero Linda Wolf Katie and John Field John Bever Dan Boise Chad Harr Todd Hammond F. Schiller Deanna Leind Lorraine Newmann Maria Nunez John Minshall Alice and Richard Doyle Scott Ohm Jerry Roach Jen Embree -Bever Rolly Sorrentino Margaret Schalt Exhibit 4 www.ci.wheatridge.co.us Existing Zoning: Neighborhood Commercial (N -C), Restricted Commercial (R -C), Commercial -One (C -1), Commercial -Two (C -2), Planned Commercial Development (PCD) Comprehensive Plan: Mixed Use Town Center; Primary Commercial Corridor Wadsworth Subarea Plan: Medium to High Density Mixed Use Existing Site Conditions: The proposed area for rezoning encompasses over 60 properties along the Wadsworth corridor, roughly between W. 35 Avenue and W. 45 Avenue. The proposed rezoning boundaries follow the urban renewal boundaries for this area. The properties that compose the rezoning area consist of a wide range of commercial uses and all have a commercial zoning designation today (C- 1, C -2, N -C, R -C or PCD). There are a few properties with residential uses and commercial zoning. Wadsworth Boulevard is a 5 -lane commercial arterial, owned by the Colorado Department of Transportation (CDOT). Applicant /Owner Preliminary Proposal: The Wadsworth corridor, between W. 38 and W. 44 Avenues, is designated in the City's plans as a priority area for mixed use, medium- to high - density redevelopment. The Wadsworth Corridor Subarea Plan, adopted in 2007, designates this portion of the corridor for future medium- to high - density development with a mix of land uses. This vision was refined in the City's recently adopted Comprehensive Plan, Envision Wheat Ridge, which designates Wadsworth as a primary commercial corridor and calls for a mixed use town center between W. 38 and W. 44 Avenues. Envision Wheat Ridge identified this area of Wadsworth as one of five priority redevelopment areas and recommended the development of new mixed use zoning that could be utilized on Wadsworth, along with other priority redevelopment areas, to allow and encourage high - quality, mixed -use development. To this end, the City developed a mixed -use zoning ordinance that was adopted by City Council in September, 2010. One of the mixed use zone districts, Mixed Use - Commercial (MU -C), was specifically designed for major commercial arterials like Wadsworth. The zoning is intended to allow greater flexibility than the existing commercial zoning in the area (particularly by allowing residential uses), to ensure quality design through the incorporation of design standards, and to create a streamlined development review process for any new development under the MU -C zoning. In order to help implement the City's plans for Wadsworth and establish zoning that will allow for medium- and high - density mixed use development, City Council adopted a resolution on March 14, 2011 to pursue a comprehensive legislative rezoning of the Wadsworth corridor. The following is a summary of the neighborhood meeting: Staff presented a 30- minute overview of the proposal. The presentation addressed the following topics: o Purpose of the neighborhood meeting o Overview of the current zoning o Overview of the proposed boundary and proposed zoning o History of the City's planning efforts along the corridor, including the Wadsworth Subarea Plan and Envision Wheat Ridge • Overview of the Mixed Use - Commercial zone district, including: allowable uses, building height, and architectural standards • Overview of the rezoning process • Overview of the site development process (assuming MU -C zoning is approved), including the concept plan and site plan review procedures Staff informed attendees of the anticipated Planning Commission and City Council public hearings. The hearings are required parts of the rezoning process at which members of the public will be able to comment on the proposal. Notification of the hearings will be posted on the City website and in the Transcript, but there will be no mailings to property owners. The following issues were discussed regarding the rezoning proposal: Wadsworth is already very busy road, and the proposed mixed use zoning could attract additional traffic. What plans does the City have for widening Wadsworth Boulevard, so it can handle the additional traffic? Wadsworth Boulevard is planned to be upgraded to a 6 -lane facility within a 150 foot right -of- way envelope. Wadsworth is a state highway and is controlled by the Colorado Department of Transportation (CDOT). CDOT will be responsible for conducting environmental assessments and a public planning process to identify a final roadway design for the corridor. The City's Department of Public Works is working with CDOT to secure funding for these processes, but it will likely be at least a couple of years before they begin. In the meantime, new development will be subject to the requirements of the Streetscape Design Manual which will help to improve the pedestrian environment along Wadsworth before and after the road is widened. Are there currently any development proposals for the west side of Wadsworth between W. 38 and W. 35 Avenues (vacant land and the former GO Ford dealership)? No; no specific development proposals have been identified for the site at this time. City Council has identified the property as a high priority redevelopment area and will be defining their vision for the site in the upcoming months. Why is the southeast corner of Wadsworth and W. 38 Avenue not included within the boundary for the proposed rezoning? This corner includes a church and residential neighborhood. The area is not included in the rezoning because it is not part of the urban renewal area. It was probably excluded from the urban renewal area because it is a well - established area and with no finding of blight. Will the intersection of W. 41" Avenue and Wadsworth (by the elementary school) become a signalized intersection? This intersection was identified as a signalized intersection in the Wadsworth Subarea Plan, but CDOT has not taken any action to put alight at this location. The signal was proposed as a tra�c engineering solution to create better traffie flow and even spacing between 3e, 41' and 44` Avenues. Discussion of signal locations will be part of CDOT's planning process if or when Wadsworth is widened. The vacant lot at W. 35 Avenue and Wadsworth (south of the former Ford dealership) used to be a running water wetlands, but it currently retains stagnant water. Does this standing water have to stay? To accommodate regional water flow and meet water detention requirements, it probably needs to remain. The water stagnancy may be a reflection of recent drought conditions. Future developers may reengineer the water detention facility to improve its function and flow. (Some discussion followed regarding unsuccessfd attempts to drain this facility by developers in the past.) There are no sidewalks along Wadsworth from W. 35 to W. 38 Avenues. Are there any future plans to install sidewalks? The City wants to see sidewalks along Wadsworth from W. 35` to W 46` Avenues, and we can require that sidewalks be installed as new development occurs along the corridor. Typically a right -of -way reservation will be required with new development to accommodate the future widening of Wadsworth. Based on the reservation, the City will estimate where developers can put sidewalks now so they remain intact even as the road is widened in the future. How will the neighborhoods on the east and west sides of Wadsworth be connected, and will there be improved ways to cross Wadsworth as a pedestrian? Different options for crossing Wadsworth will be considered during CDOT's planning process for the roadway widening. Future crossings will probably continue to be at grade (as opposed to an elevated walkway), however there are improvements that can be considered to make the crossing feel more safe. For example, medians would allow pedestrians to stop safely in the roadway and adjusted signals would allow more time for crossing. Will the mixed use zoning allow six (6) story apartment buildings? It depends. The Mixed Use - Commercial zone district only allows six (6) story structures for mixed use buildings. For example, if the first floor contains commercial uses, an additional five (5) stories may include residential uses. Single use buildings in the MU-C district are only allowed up to four (4) stories. For point of reference, the Commercial -One (C -1) zone district currently allows structures up to 50 feet in height. If the mixed use zoning is approved, how do you prevent the construction of thousands of rental apartments in six (6) story buildings? The zoning code does not distinguish between renter - occupied and owner - occupied residential units, and six (6) story structures would only be allowed for mixed use buildings. Based on market conditions and preliminary utility capacity studies, it is unlikely that the corridor will be able to support thousands of new residential units. That being said, there is the potential for several hundred new residential units, and the City is encouraging this type of development. New residential construction attracts more people to the corridor, supports business in the area, and provides more housing options for the City. For a variety of reasons, the City wants more people living and working along Wadsworth. Will there be a new public library on Wadsworth? There is currently no proposal for a new library on Wadsworth, although civic uses are allowed and encouraged under the mixed use zoning. If the rezoning is approved and existing property owners want to make improvements to their property, will they be subject to the new architectural standards? The Community Development Department has met with many property owners along the corridor and recognizes the limitations of existing properties. In response, the mixed use code includes language that provides some relief for current structures that do not meet the architectural requirements in the code. If an existing structure is expanded by more than 15% of the gross floor area, the new standards will apply to the expansion, where practical. The residential transition requirements address new mixed use development adjacent to single- and two- family uses. What are the setback requirements for mixed use development next to the Residential -Three (R -3) zone district (where there is multi - family residential)? Residential transition and upper story stepbacks are required where new mixed use development abuts residentially or agriculturally zoned lots that contain single- or two-family residential uses. These upper story stepbacks do not apply where new development is adjacent to properties zoned R -3, however there are other setbacks and buffers that will apply. For example, surface parking lots on MU -C property are subject to landscape buffer requirements, and all other development is subject to a 5 foot rear yard setback. If the rezoning is approved, how soon can someone build and be subject to the mixed use requirements? The Wadsworth rezoning is expected to be approved by late summer, and the mixed use zone district would become effective 15 days after City Council approval. When the property at 44"' and Wadsworth was rezoned, wasn't there discussion of including County buildings? Is Jefferson County still expected to build on that site? The Urban Renewal Authority has been negotiating with potential end users of this site. While Jefferson County had indicated significant interest in locating services at 44` and Wadsworth, they have since withdrawn from the site. A recent change in County Commissioners has resulted in a review of the County's capital investment budget. At this point there are no plans for a County building on the site. Didn't City Council approve $1 million for infrastructure at 44 and Wadsworth to attract the County to the site? City Council did authorize money to supplement the Urban Renewal Authority in the short -term for in costs. They are using some of that money now for demolition of the existing structures, and will continue to use the funds for infrastructure regardless of whether the County is an end user on the site. Within the proposed boundary are you planning to rezone only the C -1 properties to MU -C? No, the proposal includes rezoning all parcels within the boundary to Mixed Use - Commercial. This includes properties that are currently zoned Neighborhood Commercial (N-C), Restricted Commercial (R-Q, Commercial -One (C -1), Commercial -Two (C -2), and Planned Commercial Development (PCD). What is the timeline for this rezoning process? Although it is not a required step in the rezoning process, our next action will be a study session with City Council. After the study session there will be a public hearing before Planning Commission, followed by a public hearing before City Council. The City Council public hearing is expected to take place sometime in mid to late summer. MIXED USE ZONING V��Pidgc BETTER ZONING FOR A VIBRANT WHEAT RIDGE Wadsworth Corridor Rezoning Comment Card: Name: Address: 20 p VVLOi / �. , Phone# Comments: bs A-A Lo 7 7! MIXED USE ZONING NA BETTER ZONING FOR A VIBRANT WHEAT RIDGE Wadsworth Corridor Rezoning Comment Card: Name: Ayv� Address: Phone# Comments: 35 IJ 4111 V Jt 61 0 MIXED USE ZONING Wadsworth Corridor Rezoning Wadsworth Corridor Rezoning Comment Card: Name: ka Rob Address: 01- Phone# Comments, if w,6.4 L [OITA CUvt � I vg, 4 Z -1l'tRid MIXED USE ZONING ge BETTER ZONING FOR A VIBRANT WHEAT RIDGE Wadsworth Corridor Rezoning Comment Card: Name: Address: Phone# Comments: L City of Wheat 1�L COMMUNrry DEVELOPMENT g City of Wheat Ridge Municipal Building 7500 W. 29 °i Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 P: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: April 13, 2011 Attending Staff: Kenneth Johnstone, Community Development Director Sarah Showalter, Planner II Lauren Mikulak, Planner I Location of Meeting: City of Wheat Ridge Municipal Building 7500 W. 29 Avenue Wheat Ridge, CO 80033 Land Use Proposal: City- initiated rezoning of the Wadsworth Corridor to Mixed Use - Commercial (MU -C); proposed rezoning boundary is the area within the urban renewal area Attendees: Jackie Ingenthrone Tom and Gay Anne Fey Al Buerger Jeff Sparkman Dave and Debbie Dowda Don Matoush Ana and Lynne Martineli David Gardenas Susan Peguero Linda Wolf Katie and John Field John Bever Dan Boise Chad Harr Todd Hammond F. Schiller Deanna Leind Lorraine Newmann Maria Nunez John Minshall Alice and Richard Doyle Scott Ohm Jerry Roach Jen Embree -Bever Rolly Sorrentino Margaret Schalt mn%Ixim heatridge.co.us Existing Zoning: Neighborhood Commercial (N -C), Restricted Commercial (R -C), Commercial -One (C -1), Commercial -Two (C -2), Planned Commercial Development (PCD) Comprehensive Plan: Mixed Use Town Center; Primary Commercial Corridor Wadsworth Subarea Plan: Medium to High Density Mixed Use Existing Site Conditions: The proposed area for rezoning encompasses over 60 properties along the Wadsworth corridor, roughly between W. 35` Avenue and W. 45` Avenue. The proposed rezoning boundaries follow the urban renewal boundaries for this area. The properties that compose the rezoning area consist of a wide range of commercial uses and all have a commercial zoning designation today (C- 1, C -2, N -C, R -C or PCD). There are a few properties with residential uses and commercial zoning. Wadsworth Boulevard is a 5 -lane commercial arterial, owned by the Colorado Department of Transportation (CDOT). Applicant /Owner Preliminary Proposal: The Wadsworth corridor, between W. 30 and W. 44' Avenues, is designated in the City's plans as a priority area for mixed use, medium- to high- density redevelopment. The Wadsworth Corridor Subarea Plan, adopted in 2007, designates this portion of the corridor for future medium- to high- density development with a mix of land uses. This vision was refined in the City's recently adopted Comprehensive Plan, Envision Wheat Ridge, which designates Wadsworth as a primary commercial corridor and calls for a mixed use town center between W. 38` and W. 44 Avenues. Envision Wheat Ridge identified this area of Wadsworth as one of five priority redevelopment areas and recommended the development of new mixed use zoning that could be utilized on Wadsworth, along with other priority redevelopment areas, to allow and encourage high - quality, mixed -use development. To this end, the City developed a mixed -use zoning ordinance that was adopted by City Council in September, 2010. One of the mixed use zone districts, Mixed Use - Commercial (MU -C), was specifically designed for major commercial arterials like Wadsworth. The zoning is intended to allow greater flexibility than the existing commercial zoning in the area (particularly by allowing residential uses), to ensure quality design through the incorporation of design standards, and to create a streamlined development review process for any new development under the MU -C zoning. In order to help implement the City's plans for Wadsworth and establish zoning that will allow for medium- and high- density mixed use development, City Council adopted a resolution on March 14, 2011 to pursue a comprehensive legislative rezoning of the Wadsworth corridor. The following is a summary of the neighborhood meeting: Staff presented a 30- minute overview of the proposal. The presentation addressed the following topics: o Purpose of the neighborhood meeting • Overview of the current zoning • Overview of the proposed boundary and proposed zoning • History of the City's planning efforts along the corridor, including the Wadsworth Subarea Plan and Envision Wheat Ridge • Overview of the Mixed Use - Commercial zone district, including: allowable uses, building height, and architectural standards • Overview of the rezoning process • Overview of the site development process (assuming MU -C zoning is approved), including the concept plan and site plan review procedures Staff informed attendees of the anticipated Planning Commission and City Council public hearings. The hearings are required parts of the rezoning process at which members of the public will be able to comment on the proposal. Notification of the hearings will be posted on the City website and in the Transcript, but there will be no mailings to property owners. The following issues were discussed regarding the rezoning proposal: Wadsworth is already very busy road, and the proposed mixed use zoning could attract additional traffic. What plans does the City have for widening Wadsworth Boulevard, so it can handle the additional traffic? Wadsworth Boulevard is planned to be upgraded to a 6 -lane facility within a 150 foot right -of- way envelope. Wadsworth is a state highway and is controlled by the Colorado Department of Transportation (CDOT). CDOT will be responsible for conducting ernviromnerntal assessments and a public planning process to identify a,firnal roadway design for the corridor. The City's Department of Public Works is working with CDOT to secure fzmding for these pr ocesses, but it will likely be al least a couple ofyears before they begin. In the rneartinie, new development will be subject to the requirements of the Streetscape Design Manual which will help to improve the pedestrian environment along Wadsworth before and after the road is widened. Are there currently any development proposals for the west side of Wadsworth between W. 38 "' and W. 35 °i Avenues (vacant land and the former GO Ford dealership)? No; no specific developmentproposals have been identified,for the site nit this time. City Council has identified theproperty as a high priority redevelopnnent area and will be defining their vision for the site in the upcoming months. Why is the southeast corner of Wadsworth and W. 38 °i Avenue not included within the boundary for the proposed rezoning? This corner includes a church and residential neighborhood. The area is not included in the rezoning because it is not part of the urban renewal area It was probably etcludecl from the urban renewal area because it is a well - established area and with no finding of blight. Will the intersection of W. 41" Avenue and Wadsworth (by the elementary school) become a signalized intersection? This intersection was identified as a signalized intersection in the Wadsworth Subarea Plan, but CDOT has not taken any action to put a light at this location. The signal was proposed as a traffic engineering solution to create better trgff c flow and even spacing between 38` 41 and 44' Avennes. Discussion of signal locations will be part of CDOT's planning process if or when Wadsworth is widened. The vacant lot at W. 35' Avenue and Wadsworth (south of the former Ford dealership) used to be a running water wetlands, but it currently retains stagnant water. Does this standing water have to stay? To accommodate regional water flow and nneet water detention requirements, it probably needs to remain. The water stagnancy may be a reflection of recent drought conditions. Future developers may reengineer the water detention facility to improve its finnction and flow. (Some discussion followed regarding unsuccessful attempts to drain this facility by developers in the past.) There are no sidewalks along Wadsworth from W. 35 °i to W. 38' Avenues. Are there any future plans to install sidewalks? The City wants to see sidewalks along Wadsworth fi-onn W. 35` to W. 46` Avenues, and we can require that sidewalks be installed as new development occurs along the corridor. Typically a right -of- -way reservation will be required with new developrnernt to accommodate the future widening of Wadsworth. Based on the reservation, the City will estimate where developers can put sidewalks now so they remain intact even as the road is widened in the fixture. How will the neighborhoods on the east and west sides of Wadsworth be connected, and will there be improved ways to cross Wadsworth as a pedestrian? Different options for crossing Wadsworth will be considered during CDOT's planning process ,for the roadway widening. Future crossings will probably continue to beat grade (as opposed to an elevated walkway), however there are improvements that can be considered to make the crossing feel more safe. For example, medians would allow pedestrians to stop safely in the roadway and adjusted signals would allow more time for crossing. Will the mixed use zoning allow six (6) story apartment buildings? It depends. The Mixed Use - Commercial zone district only allows six (6) story structures for mixed use buildings. For example, if the first floor contains commercial uses, an additional five (5) stories nncty inchnde residential uxser. Single use buildings in the MU -C district are only allowed up to four (4) stories. For point of reference, the Commercial -One (GI) zone district currently allows structures up to 50 -feet in height. If the mixed use zoning is approved, how do you prevent the construction of thousands of rental apartments in six (6) story buildings? The zoning code does not distinguish between renter- occupied and owner - occupied residential units, mid six (6) story structures would only be alloved,for mixed use buildings. Based on market conditions and prehnninmy utility capacity studies, it is unlikely that the corridor will be able to support thousands of new residential units. That being said, there is the potential several hundred new residential units, and the City is encouraging this type of development. New residential construction attracts more people to the corridor, supports business in the area, and provides more housing options for the City. For a variety of reasons, the City wants More people living and working along Wadsworth. Will there be a new public library on Wadsworth? There is currently no proposal for a new library on Wadsworth, although civic uses are allowed and encouraged under the mixed use zoning. If the rezoning is approved and existing property owners want to make improvements to their property, will they be subject to the new architectural standards? The Community Development Department has nnet with many property owners along the corridor and recognizes the limitations of existing properties. In response, the Mixed use code includes language that provides some relief for- current structures that do not meet the architectural requirements in the code. If an existing structure is expanded by more than 15% of the gross floor area, the new standards will apply to the expansion, where practical. The residential transition requirements address new mixed use development adjacent to single- and two - family uses. What are the setback requirements for mixed use development next to the Residential -Three (R -3) zone district (where there is multi - family residential)? Residential transition and upper story stepbacks are required where new mixed use development abuts residentially or agriculturally zoned lots that contain single- or two family residential uses. These upper story stepbacks do not apply where new development is adjacent to properties zoned R -3, however there are other setbacks and buffers that will apply. For example, sxoface parking lots on MU -C property are subject to landscape buffer requirements, and all other development is subject to a 5 foot rear yard setback. If the rezoning is approved, how soon can someone build and be subject to the mixed use requirements? The Wadsworth rezoning is expected to be approved by late smnnner, and the mixed use zone district would heconne effective IS days after City Council approval. When the property at 44' and Wadsworth was rezoned, wasn't there discussion of including County buildings? Is Jefferson County still expected to build on that site? The Urban Renewal Authority has been negotiating with potential end users of this site. While Jefferson County had indicated significant interest in locating services at 44 "' and Wadsworth, they have since withdrawn frrom the site. A recent change in Count Commissioners has resulted in a review of the County's capital investnent budget. At this point there are no plans for a County building on the site. Didn't City Council approve $1 million for infrastructure at 44 "' and Wadsworth to attract the County to the site? City Council did authorize money to supplement the Urban Renewed Authority in the short -term for infrastructure costs. They are using some of that money now for demolition of t£ne existing structures, and will continue to use the funds for infrastructure regardless of whether the County is an end user on the site. Within the proposed boundary are you planning to rezone only the C -1 properties to MU -C? No, the proposal includes rezoning all parcels within the boundary to Mixed Use - Commercial. This includes properties that are currently zoned Neighborhood Commercial (N -C), Restricted Commercial (R-Q, Commercial -One (GI), Commercial -Two (C -2), and Planned Commercial Development (PCD). What is the timeline for this rezoning process? Although it is not a required step in the rezoning process, our nest action will be a study session with City Council. After the study session there will be a public hearing before Planning Cmnmission, followed by a public hearing before City Council. The City Council puhlic hearing is expected to take place sometime in mid to late summer. Wadsworth Corridor oerore the property is rezones • The proposal is a rezoning, NOT a specific development plan 7 Wadsworth Corridor 'IYV �GJ161G1IUQI €.J1. V�JCI LIUS:AJI.0 IE ,� �. [.VIA. -y. • Rezoning to realize City's plans: — High quality, medium- and high- density redevelopment — Mixed Use Town Center Proposed A1'e��O be Rezoned f ear t ,NG 9 Pcry�N PreoxnO Gies Wadsworth Corridor — 50 foot height limit for buildings (approx. 4 stories) — Very limited allowance for residential uses E Wadsworth Corridor Envision WHEAT RIDGE AM.. F., • s,O ...w ^. Plan (2009) — Wadsworth Corridor Subarea Plan (2007) Wadsworth Subarea Plan (2007) Wadsworth — Increase density and encourage a mix of uses to provide a critical mass to support businesses on the corridor 5 Wa 17A MEDIUM HIGH DENSITY MIXED USE Envision Wheat Ridge (2009) - ruu�la,, niicctisa aciu- cvvu-wu,� Envision • Goals 1dentified for Wadsworth; y to guide development of a P'mprepenslve mixed use town center between 38tH and 44th gmki — Encourage a mix of land uses, including residential and civic ` uses — Implement mixed use zoning — Priority redevelopment area jw1��'tir1 i�i, 0 Envision 4:�,.� A Mixed Use Zoning • Designed for priority May 2011 redevelopment areas and major commercial corridors 7 V Mixed Use Zoning architectural guidelines • Protect transitions to residential neighborhoods Wadsworth Corridor: MU -C Zoning -- • Conditional use (administrative review) for drive -thru uses, gas stations, wholesale E3 Wadsworth Corridor: MU -C Zoning tamfly home (unless separatea Dy an arterial or collector) // wi;at� ramie•• 7 Wadsworth Corridor: MU -C Zoning — 20' for 4 -story and higher Upper level stepbacks: 5' per story until 4' story 5 5 135' i a „ Example Illustration W heat I i<h;c Wadsworth Corridor: MU -C Zoning fagade • Screening of parking lots and drive -thru uses wl �i'•t I �i,,�. 10 Wadsworth Corridor: MU -C Zoning w. %. MIXED USE Wadsworth Corridor • Next: study session with City Council 11 9faP 1: CiIY COUnCi: AOOPIS Pusc:uticn lu '. ' Inil.ltn ac: fnin� Nci9M1hc,M1000 NOOlirg Wadsworth Corridor pupiic'nearings. cneck the Transcript and City website: www.ci.wheatridge.co.us Wadsworth Corridor Tor sites over au acres • Concept Plan for sites over 10 acres or with phased development Step 1:..... Applicant submits site plan, landscape plan, architectural elevatlons i Step 2: Review by staff Step 3: Comments to applicant 1 _. Step . 4:__ . Approval after all comments are addressed. Proceed to building permit 12 Sop 1. ca, Getout ld.lt- Fo:aluucn 1a i :nu:am ae:en:ng I - smns: royn_en:�ce uom�r� Wadsworth Corridor 13 City of Wheat �idge COMMUNITY DEVELOPMENT Wadsworth Corridor City- Initiated Comprehensive Rezoning Neighborhood Meeting April 13, 2011 at 6pm I•!• 6:00 — 6:05pm: Sign -in and welcome 6:05- 6:25pm: Staff presentation 6:35 — 7pm: Questions and discussion To view a copy of the proposed zoning for Wadsworth (Mixed Use - Commercial), you can visit the City's website: www.ci.wheatrid2e.co. Go to Departments > Community Development > Special Projects Further questions or want to stay updated on public hearing dates? Contact: Sarah Showalter, Planner II 303- 235 -2849 sshowalter @yci.wheatridge.co. Lis 3 lltY Of WheatR,]�Lqge MIXED USE Z ONING BETTER ZONING FOR A VIBRANT WHEAT RIDGE Wadsworth Corridor Rezoning — Neighborhood Meeting: April 13, 2011 ,44 i Name Address of Property Owned Address Where to Reach You (include suite and Phone Email zip code 1- � i C> L' I ` r i t� j S to 5 l/ t�� ° ® 2 'c d 3 ab JR S �I ��k 4 � 3 te P✓ �/� � V� , Ws'6e c,,A 3 d3 — 113 4 5 � f \ v v (411,Sj, S�' - �e - 7 2.J y� 7��5 Jzrof�l✓h�� es �ao�,co i 7 8 / �' �� ter✓ KGs 1 ? 9 10 11 l sT t Z / 12 (� V1 ✓ / (�(� t � ' U �/�J � �� �� �n cIr 13 ��1J o lS 3`133 ���DS�OZ F� W Z �v v 3 3 3 3 Z33 Oo ] Z- 14 15 '56 ,44 i City of WheatKidge MIXED USE ZONI BETTER ZONING FOR A VIBRANT WHEAT RIDGE Wadsworth Corridor Rezoning - Neighborhood Meeting: April 13, 2011 1 Name Address of Property Owned Address Where to Reach You (include suite and Phone Email zip code) 1 < Chl /LCD/? 9{({/� �J ALL G9 ✓� 12 IS .UELi- 06L,.,�'i 303 , - /G9$ _ (: �() �OD�3 L�4 /1CLJbOD eG �D� /5 1��''� H °T�Y/A /1, C°D 2 3 oz 3r71a4 1 s 1✓ S 4 e �., e t L—LINO w i cx — � 0 S A S E �l 3c3 �y ���{ I 3 , vl pl�A M S7 4 �L)AP U �— I eCf1 f� 3 626 I S c o �1 SC�4 1 1 C /tiew�oLl Go 4� 2( /�', �zC� �g3 7-0 2 `Qi1„ Ul U l/f° Z. �2 2v &W CL \ 5 p^ �LH-N K NSW4k 4-w U (1a,,., 4 ©q-5 hrIn,sr-. ZSl7 T (f T 414ec wD, co' S 15 ( 34 4 �29s " " J {'�1 h5� III nISV1,Ca 6 77fo �v . 9 /-`r-1t, , & 3 y2 ( i�5 "/efc cb^7�g3T �� 7 G / C �� /� '�� 8 9 78b5 to, cE/ C s6- ��/�o�s�H w eE 0 - 10 Gw$^ �� 3-3 IV, �-0 11 R 1 ®r ev��i 4115 Te 11e\r STeeT 8003 3 sa�.� �3�3)42 4 -i 159 12 a WLIL� 13 14 15 1 'WI Wadsworth Corridor Rezoning April 13, 2011 Wadsworth Corridor Rezoning April 13, 2611 er MIXED USE ZONING W13B8t12z REIiERZONING FORA VI9RANT WHFAT RIDGE MIXED USE COMMERCIAL (MU -C) ZONE DISTRICT DISTRICT INTENT: intended for major commercial corridors and at community and employment activity centers, this district encourages medium to high density mixed use development. In addition to residential and civic uses, the district allows for a wide range of commercial and retail uses. BUILDING HEIGHT Minimum Hei Any ht -An Building 20' Minimum Rear Setback Maximum Hei ht Use Building 6 stories 90' Maximum Height - Sin le Use Building 4 stories 62' • Whatever is more restrictive, maximum height or maximum feet, applies • 4 -story height limit for any portion of a building within 100 feet of single - or two - family residential • For buildings over 75' tall, a 10' stepback is required for any facade that faces a public street or open space (see image to right) Upper Story Stepbacks to _ n I T T , 1 71 t �} yI SETBACKS AND BUILD -TO REQUIREMENTS SETBACKS Minimum Side Setback or Minimum Rear Setback 5' Side and rear setback where abutting single- or two - family residential 1 -2 story building = 10' 3 story building = 15' 4 story buildingor hi her = 20 Setback = required minimum distance between a building and the nearest property line BUILD -TO AREAS Primary Street Frontage At least 50% of the build -to area Build -to Area = 0'- 20' must contain building facade Secondary Street Frontage At least 30% of the build -to area Build -to Area = 0'- 20' must contain building facade Build -to Area = required area along the street /sidewalk that must be filled with a building (see image to right) Build -To Requirements ' �... — `maN Street HOnta4e P i I v N r a 50% of build -to area Primary Street Frontage AUTO - ORIENTED USES Drive -Up and Drive -Thru Uses Allowed as a Conditional Use with separation requirements. Fast food drive -thrus must be located at least 500 ft apart from another fast food drive -thru. Other drive -thru uses, such as a coffee shop or bank, must be located at least 500 ft from one another. Note: separation requirements do not apply to drive - thru uses in place prior to MU -C zoning. Car Repair Allowed as a Conditional Use. No overnight outdoor storage. Car Sales Outdoor sales lots not allowed. Allowed as a Conditional Use with indoor showrooms. Gas Stations Allowed as a Conditional Use with separation requirements. Must be at least 1,000 ft from another gas station. Note: separation requirements do not apply to gas stations in lace prior to MU -C zoning. Design Requirements for Drive - Thrus and Drive -Ups: • Maximum number of 3 drive -up lanes. Drive -up lanes visible from the street must be screened by a screen wall, at least 42" tall, and a 4' wide landscape buffer • Drive -up window shall be at the side or rear of the building and not facing a street corner <= o, MIXED USE ZONING yy�= BETTER ZONING'ORA VIBRANT WHEAT RIDGE MIXED USE COMMERCIAL (MU -C) ZONE DISTRICT RESIDENTIAL TRANSITIONS Requirements for New Development Adjacent to Residential Uses Landscape Buffers and 6' buffer, in combination with 6' Screen Walls screen wall or fence, required for surface parking lots and drive - thrus that are adjacent to a residentially -zoned lot Setbacks /Landscape Buffers 1 -2 story building = 10' (side and rear where adjacent to 3 story building = 15' single- or two - family residential) 4 story building or higher = 20' Upper -Story Stepbacks 5' stepback per story for stories (where adjacent to single- or two- 2 -4 (see image to right) family residential) Residential Transition: Upper Story Stepbacks y . D • OPEN SPACE REQUIREMENTS • Open space includes planted areas as well as hardscaped areas, such as a plaza • Green roofs may count toward open space requirements DEVELOPMENT REVIEW • All sites are subject to administrative review only, through the site plan review process. No public hearings are required for development review. • Sites over 10 acres in size, or that have more than one phase of development, must submit a concept plan prior to site plan review. Sites over 10 acres require a neighborhood meeting prior to submittal of the concept plan • Conditional Uses must go through an administrative review to meet specific criteria related to the impacts of that use. � d s A d • City of d� WheatR j, COMMUNITY DEVELOPMENT City- Initiated Rezoning Community Development Department 303 - 235 -2846 (v) 303 - 235 -2857 (f) www.ci.wheatridge.co.us City of WheatMidge COMMUNITY DEVELOPMENT 7500 W. 29 Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 REZONING REVIEW CRITERIA City Council shall base its decision to approve a rezoning in consideration of the extent to which the rezoning application demonstrates that the following criteria have been met: A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of at least four (4) of the following: 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; B. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; C. There will be social, recreational, physical and /or economic benefits to the community derived by the change of zone; D. Adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; E. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; and F. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual Page 1 of 1 Sarah Showalter From: Jan Embree -Bever U.embree- bever @usa.net] Sent: Friday, April 15, 2011 7:14 AM To: Sarah Showalter Subject: 4 -13 -2011 neighborhood meeting My husband and I just wanted to thank the two of you for your excellent presentations; they were succinct and easily understood. We have been attending Wheat Ridge meetings for about 11 years now, and this is one of the rare times when we left feeling comfortable about what was presented. We also really appreciated the honest and clear responses regarding the questions on expansion of apartment complexes and the wetlands area at 35th and Wadsworth — we have always seen that Wheat Ridge has the potential to be a vibrant and charming community; now if we can just get the support of the community! Do you think an article in the local newspaper explaining the importance of wetlands emphasizing mosquitoes would not be an issue if the wetlands exist naturally. The Ford dealership with their pumping, digging, etc. on the wetlands at 35th Ave. really destroyed what had been an interesting and "wild" area for Wheat Ridge — just makes us sick. We have been asking for sidewalks along Wadsworth ever since we moved in eleven years ago; of course, we understand the issue of Wadsworth being a highway and thus subject to "other" influences. Nonetheless, Wadsworth has not been expanded and we are still without sidewalks; we hope sidewalks become part of Wheat Ridge before we are too old to enjoy them. Again thanks. Jan and John Bever 04/15/2011 LD 7 ol a >, C .Q .CD z W d c CL m m z O d 3 o f Q c N O' _ L 3 @ E o Q ._ N ° O. O > O O N N a) N �C Y '-' L N O 2 O 0 0 0 W. 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CO R001 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT/TENANT 7720 W 39TH AVE 3765 WADSWORTH BLVD 3815 WADSWORTHBLVD WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3885 UPHAM ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7200 W 38TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4110 YARROW CT WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4490 YUKON CT WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7823 W 38TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3925 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3618 UPHAM ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4275 WADSWORTHBLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3795 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3855 WADSWORTHBLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4184 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4550 VANCE ST WHEAT RIDGE CO 80033 3443 CURRENT RESIDENT /TENANT 3650 WADSWORTH 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44TH AVE 3728 VANCE ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 3721 ALLISON ST 4450 YARROW ST 4415 YARROW ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 3325 WEBSTER ST 7575 W 44TH AVE 7833 W 38TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 6109 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT/TENANT 7853 W 38TH AVE 4 3662 ALLISON ST 7900 W 42ND AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 3398 WADSWORTH BLVD 7400 W 38TH AVE 7863 W 38TH AVE 6 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 4320 TELLER ST 3361 YARROW ST 4084 WADSWORTH BLVD WHEAT RIDGE CO 80033 4823 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 7301 W 44TH AVE 4490 WADSWORTH BLVD 7065 W 38TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 4350 WADSWORTH BLVD 7170 W 44TH AVE 3610 VANCE ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 7250 W 44TH AVE 4320 UPHAM ST 7741 W 44TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 7172 W 38TH AVE 4045 YARROW ST 4070 YARROW ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 4541 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 3801 ALLISON ST 7455 W 34TH AVE 8 THREE ACRE LN WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 6220 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4475 YARROW ST WHEAT RIDGE CO 80033 3251 CURRENT RESIDENT /TENANT 3345 WEBSTER ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7114 W 44TH AVE WHEAT RIDGE CO 80033 4724 CURRENT RESIDENT/TENANT 7850 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4350 TELLER ST WHEAT RIDGE CO 80033 4850 CURRENT RESIDENT /TENANT 4580 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4203 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4505 YARROW ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4435 ZEPHYR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4080 UPHAM ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 3700 TELLER ST WHEAT RIDGE CO 80033 6243 CURRENT RESIDENT /TENANT 4420 ALLISON ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4315 TELLER ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3700 YUKON CT WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4196 YARROW ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3720 TELLER ST WHEAT RIDGE CO 80033 6243 CURRENT RESIDENT/TENANT 4510 YARROW ST WHEAT RIDGE CO 80033 3254 CURRENT RESIDENT/TENANT 7610 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4175 UPHAM ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7827 W 38TH AVE WHEAT RIDGE CO 80033 6109 CURRENT RESIDENT /TENANT 7390 W 38TH AVE WHEAT RIDGE CO 80033 4843 CURRENT RESIDENT/TENANT 12 THREE ACRE LN WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4255 YARROW ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 7975 W 41 STAVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT 7105 W 44TH AVE 4120 UPHAM ST 4595 WADSWORTH BLVD WHEAT RIDGE CO 80033 4723 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 7980 W 44TH AVE 7100 W 44TH AVE 4401 ZEPHYR ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 3259 CURRENT RESIDENT /TENANT 3744 VANCE ST WHEAT RIDGE CO 80033 6269 CURRENT RESIDENT/TENANT 3709 ALLISON ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 7490 W 45TH AVE 4045 WADSWORTH BLVD 40 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT /TENANT 7805 W 41 STAVE 7699 W 39TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT /TENANT 3502 WADSWORTH BLVD 3715 UPHAM ST 3702 ALLISON ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT /TENANT 7330 W 44TH PL 3404 WADSWORTH BLVD 3495 WADSWORTH BLVD WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 3470 WADSWORTH BLVD 7837 W 38TH AVE 4501 WADSWORTH BLVD WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 7815 W 41ST AVE 7770 W 38TH AVE 101 7750 W 39TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 3955 UPHAM ST 3790 YUKON CT 3602 ALLISON ST WHEAT RIDGE CO 80033 4826 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT/TENANT 3560 ALLISON ST 4465 ZEPHYR ST 7340 W 38TH AVE WHEAT RIDGE CO 80033 6120 WHEAT RIDGE CO 80033 3259 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 7835 W 38TH AVE 3705 YUKON CT 7888 W 34TH DR WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 5947 CURRENT RESIDENT /TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT /TENANT 4001 UPHAM ST 7110 W 44TH AVE 4430 ALLISON ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 3230 CURRENT RESIDENT /TENANT 3760 VANCE ST WHEAT RIDGE CO 80033 6275 CURRENT RESIDENT /TENANT 3686 TELLER ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3900 UPHAM ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 3710 UPHAM ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3736 VANCE ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3707 HIGH CT WHEAT RIDGE CO 80033 6329 CURRENT RESIDENT/TENANT 4417 TELLER ST WHEAT RIDGE CO 80033 3405 CURRENT RESIDENT /TENANT 3731 TELLER ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4550 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 3701 ALLISON ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4042 UPHAM ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3445 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4422 TELLER ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7750 THREE ACRE LN WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7060 W 38TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3681 ALLISON ST WHEAT RIDGE CO 80033 6121 CURRENT RESIDENT/TENANT 7601 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 7615 W 38TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 3785 HIGH CT WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 7525 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 7700 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 3900 YARROW ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 7867 W 38TH AVE 7 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4455 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT /TENANT 4470 UPHAM ST 7867 W 38TH AVE 8 4575 WADSWORTH BLVD WHEAT RIDGE CO 80033 3433 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT/TENANT 7190 W 38TH AVE 7393 W 44TH AVE 4110 UPHAM ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 4831 CURRENT RESIDENT /TENANT 4470 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3805 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4340 UPHAM ST WHEAT RIDGE CO 80033 4835 CURRENT RESIDENT /TENANT 7440 W 46TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3640 UPHAM ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3521 ALLISON ST WHEAT RIDGE CO 80033 6119 CURRENT RESIDENT/TENANT 7920 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4000 UPHAM ST WHEAT RIDGE CO 80033 4829 CURRENT RESIDENT /TENANT 4445 TELLER ST WHEAT RIDGE CO 80033 3405 CURRENT RESIDENT /TENANT 7550 W 34TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3413 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4485 YARROW ST WHEAT RIDGE CO 80033 3251 CURRENT RESIDENT/TENANT 4211 UPHAM ST WHEAT RIDGE CO 80033 4832 CURRENT RESIDENT /TENANT 7820 W 39TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3380 YARROW ST WHEAT RIDGE CO 80033 5964 CURRENT RESIDENT /TENANT 4085 UPHAM ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3731 YUKON CT WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4455 YARROW ST WHEAT RIDGE CO 80033 3251 CURRENT RESIDENT /TENANT 3365 WEBSTER ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7809 W 38TH AVE 100 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3631 ALLISON ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7780 W 38TH AVE 101 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7920 MELROSE DR WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3659 TELLER ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 4416 UPHAM ST 4401 WADSWORTH BLVD 7391 W 38TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 4842 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 3802 ALLISON ST 3830 WADSWORTH BLVD 4020 WADSWORTH BLVD WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7100 W 38TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3850 HIGH CT WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7900 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4415 TELLER ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3651 ALLISON ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3955 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3800 ZEPHYR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7431 W 36TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 3900 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7340 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4485 WADSWORTH BLVD WHEAT RIDGE CO 80033 l� °sf ITEM NO: l 1. DATE: March 14, 2011 TITLE: RESOLUTION NO. 08 -2011 — A RESOLUTION BEGINNING A CITY - INITIATED COMPREHENSIVE REZONING OF PROPERTIES LOCATED ON THE WADSWORTH CORRIDOR BETWEEN W. 35 AND W. 45 AVENUES TO MIXED USE — COMMERCIAL ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1 sT READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2' READING ® RESOLUTIONS QUASI - JUDICIAL: ❑ YES ® NO ,Community Develop Dr cc or City Manager ISSUE: The City's adopted plans call for the redevelopment of the Wadsworth corridor with higher density, mixed use development. The current zoning on Wadsworth Boulevard, which is primarily commercial, makes compact, mixed use development difficult to achieve. In September 2010, City Council adopted new mixed use zone districts intended for use in the City's priority redevelopment areas, including Wadsworth between 35 and 45` Avenues. The resolution would start the process of a City- initiated, comprehensive rezoning of properties along the Wadsworth corridor between 35 and 45` Avenues. PRIOR ACTION: Staff held two Study Sessions on the topic of a City- initiated rezoning for the Wadsworth Corridor. After the first Study Session, staff conducted outreach to Wadsworth property owners to asses their level of interest in a potential City - initiated rezoning to Mixed Use - Commercial (MU- Q. At a Study Session on February 14, 2011, Planning staff shared the results with City Council. Based on the results, Council directed staff to proceed with a rezoning of the entire area, which corresponds with the Wadsworth Urban Renewal Area. Additional outreach to property owners Council Action Form March 14, 2011 Page 2 who expressed opposition to the rezoning (three total) is expected to be part of the rezoning process. FINANCIAL IMPACT: There is no direct financial impact anticipated for the City. However, the intent of the rezoning is to stimulate redevelopment on Wadsworth, which would support the economic development goals of the City. BACKGROUND: The City's adopted plans, including Envision Wheat Ridge (2009) and the Wadsworth Subarea Plan (2007) call for the redevelopment of Wadsworth with higher density, mixed use development. In particular, the plans call for the stretch of Wadsworth between W. 38 and W. 44 Avenues to become a mixed -use town center that includes retail, commercial, and residential uses. The existing zoning on Wadsworth, which is primarily Commercial -One (C -1), makes this type of the development difficult to achieve. For most sites, the only way to develop compact, higher density buildings — especially any with a residential component — would be to rezone to a planned development (PD). This presents challenges to new mixed use development along Wadsworth since the PD rezoning process is lengthy, unpredictable, and can be expensive. The proposed new zoning for Wadsworth, Mixed Use - Commercial (MU -C), allows a mix of land uses and creates a streamlined development review process. By creating a more predictable and timely review process, it should encourage redevelopment of properties on the corridor. Process and Property Owner Outreach The process of writing the MU -C zoning, which occurred throughout 2010, involved input from Wadsworth property owners. The outreach to property owners began at the Wadsworth Summit in January 2010. At the summit, staff distributed a survey to property owners asking for feedback on a variety of topics, including the potential for a City- initiated rezoning of the corridor. Of the 12 owners who returned the survey at the summit, 67% expressed strong support for the concept of a City - initiated rezoning and 25% expressed some support (with only 8% expressing disagreement). An additional survey was distributed online for anyone in the City to respond in the spring of 2010. Of the 15 responses received, 67% expressed strong support for the concept of City - initiated rezoning, 33% expressed some support, and 0% said that they were against the concept. Based on these results, staff discussed the concept of a legislative rezoning of the Wadsworth corridor with City Council at a Study Session in the summer of 2010. Council directed staff to proceed by mailing each property owner within the proposed rezoning area once the mixed use code was adopted (which occurred in September 2010). Staff mailed a survey to the property owners in November 2010 and also held a meeting to inform property owners of the potential rezoning. Council Action Form March 14, 2011 Page 3 Of the 56 surveys mailed to owners, 13 were returned. Of these 13 responses, 10 were in favor of the rezoning and 3 were opposed. The three responses that were opposed to the rezoning are listed below, with any reasons for opposition cited. (1) 7525 W. 44 Avenue: the main reason cited for opposition is existing easements and development restrictions recorded on their property and other adjacent properties. These easements /recorded restrictions do not directly relate to the existing zoning (C -1) and rezoning to MU -C would not change the easements. While it is true that the easements and restrictions would need to be removed in order for any significant redevelopment of the land to occur, the proposed new zoning would not directly impact any privately recorded restrictions on the land. (2) 3885 Upham Street: no reason for opposition cited (3) 7630 W. 39 Avenue: reason cited for opposition was concern that the new zoning could lead to high -rise residential towers in the area. Although many surveys were not returned, staff has had phone and in- person contact with several additional property owners who are aware of the proposed rezoning. Staff anticipates additional outreach to the three owners who have expressed opposition as part of the rezoning process, which would formally begin with approval of the Resolution. After the Resolution is passed, a neighborhood meeting for all property owners in the rezoning area, as well as all owners within a 600 foot radius, will be held. The next steps would entail public hearings before Planning Commission and City Council. RECOMMENDATIONS: Based on the positive feedback from property owners in the area, staff recommends approval of the Resolution to formally initiate a legislative rezoning on Wadsworth. The proposed MU -C zoning contains lenient protections for any uses that would become nonconforming through the rezoning, although it is not anticipated that many existing uses in the area would become nonconforming. In addition, the proposed zoning contains flexible and clear development regulations that allow for a wide range of development options, including a greater range of uses and higher densities, as well as a streamlined development review process. For these reasons, staff believes that the proposed new zoning would be a benefit to property owners, with little to no drawbacks. The proposed MU -C zoning is also a useful tool for implementing the City's goals for this important corridor. Rezoning this portion of the corridor to MU -C would encourage high - quality, higher density, mixed use redevelopment. "I move to approve Resolution No. 08 -2011 a resolution beginning a City - initiated comprehensive rezoning of properties located on the Wadsworth corridor between W. 35 and W. 45 Avenues to Mixed Use-Commercial." Or, Council Action Form March 14, 2011 Page 4 "I move to postpone indefinitely Resolution No. 08 -2011 a resolution beginning a City - initiated comprehensive rezoning of properties located on the Wadsworth corridor between W. 35 and W. 45"' Avenues to Mixed Use - Commercial for the following reason(s) " REPORT PREPARED/REVIEWED BY: Sarah Showalter, Planner II Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 08 -2011 2. Proposed Rezoning Map r CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 08 Series 2011 TITLE: A RESOLUTION BEGININNING A CITY - INITIATED COMPREHENSIVE REZONING OF PROPERTIES LOCATED ON THE WADSWORTH CORRIDOR BETWEEN W. 35 AND W. 45 AVENUES TO MIXED USE — COMMERCIAL WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the Envision Wheat Ridge comprehensive plan was adopted in 2009; and WHEREAS, both plans recommend that the Wadsworth corridor redevelop over time with a higher density, mixed use development pattern; and WHEREAS, the existing zoning designations along the corridor are generally commercial, including a predominance of Commercial — One (C -1), which does not allow higher density development and allows only limited residential development; and WHEREAS, rezoning the properties on the corridor to Mixed Use — Commercial (MU -C) would support the City's goals for redevelopment of the corridor in a higher density, mixed use development pattern; and WHEREAS, Section 26 -113 of the Code of Laws requires City Council to begin the process of city- initiated rezonings by adopting a resolution doing so and referring the matter to the Planning Commission for a public hearing, which would be preceded by a neighborhood meeting. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council hereby initiates a rezoning of properties located on Wadsworth corridor between W. 35 and W. 45 Avenues to Mixed Use - Commercial (MU -C). DONE AND RESOLVED THIS 14 Day of March 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Attachment 1 I I -- -I -� 45TH o F Y to {` J Y Y 45TH AVE S 1 11 ■11■Ilml112% e �FJ ~ y lq '■ R ' Y r I _ G ■ I �ilel�llrl ■II ■11m1i __ ! _■ y i l� � _J- �4mumlo■ai ! nlmlell�elb -I —� - __I ¢ _� H■P- —,_ e THAI E L_ _ L lellellell� a — ! nuuul ®11q « 43RD.P �� -- j_42NDAVE, 91mu■nm} �-�- ■ - �uenauenm- � _j -.43RD ! r —U L E-1 1 a THREEACRE LNJ ¢ —I '■� _ �42NDAVE- I ■ -� �_ � 1 ! �' _ V 41ST A E -- I jl i o I � C e VSO 39TH AVE K _ -._. �ICII ■11 ■11 ■11 =- .�F ■HNH� hIL LLISON R � VIA _.._ _. T .— �I �I_. ! � L �_JJ IIi �� _� �� I �_�i ue ■Ir ■IlelreH■I1e11� I er3I�TH.AVEn =i ■� - U -- ��1 f� I= L III J � !_l I ■IIJ lell ■1}+ ' Q Y 3 W L w 1 Jf� -I — L 36TH'AVE z � e L I I!7 i 1 135T ! � O H.PL_ 3H nvE ICI— Wadsworth Corridor City - initiated - Comprehensive Rezoning Proposed Rezoning Area - - _� — r el ■11 ■H.1� ■H ®H ■II ■� ■111 _1 L ! Attachment 2 s� City of ��7�Theat "i ge Memorandum TO: The Mayor and City Council THROUGH: Patrick Goff, City Manager Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner II DATE: February 7, 2011 (for February 14 study session) SUBJECT: Legislative Rezoning of Wadsworth Corridor Introduction hr September 2010 City Council adopted new mixed use zone districts. The mixed use zoning encourages higher- density, mixed use development and allows for a streamlined, administrative review process. In writing the mixed use code, Planning staff held meetings with property owners in priority redevelopment areas of the City. These areas, identified in Envision Wheat Ridge, are: (1) Wadsworth between W. 38 and W. 44 Avenues (2) Kipling north of W. 44` Avenue (3) W. 38 Avenue between Sheridan and Wadsworth (4) The future TOD area at Ward Road commuter rail station (Northwest Subarea) At meetings with property owners in 2010, staff asked for input on the topic of City - initiated legislative rezonings. A legislative rezoning could benefit property owners by re- entitling their land at no cost, while allowing for any existing use or business (even those that become nonconforming under the mixed use zoning) to remain in perpetuity and, in most cases, expand. Based on feedback received at these meetings, staff recommended to City Council that the City first move forward with a legislative rezoning on the Wadsworth corridor, roughly between 38 and 44 Avenues. This area has demonstrated development interest as well as a strong interest from property owners in a City - initiated rezoning: 67% of Wadsworth property owners who completed surveys indicated a strong support for legislative rezoning and 25% expressed some support (from a survey distributed at the Wadsworth Summit in January 2010). At their June 21, 2010 Study Session, City Council asked staff to continue outreach to property owners on Wadsworth regarding a potential legislative rezoning to Mixed Use - Commercial (MU- Q. This memo outlines the approach that staff utilized to contact owners and summarizes the results. It is structured as follows: 1. Property Owner Outreach and Results 2. Potential Rezoning Area and Requested Feedback 3. Next Steps 1. Property Owner Outreach and Results Staff started outreach to Wadsworth property owners shortly after the mixed use code was adopted this fall. In early November, Community Development held a meeting to inform owners that the code had been adopted and to receive additional input on a potential legislative rezoning of the corridor to Mixed Use - Commercial (MU -C). Also in November, staff mailed a survey to every property owner in the potential rezoning area asking for their feedback, whether negative or positive, to a City- initiated rezoning. A copy of the survey that was mailed to property owners may be found in Attachment 1. Of the 56 surveys mailed to owners, 13 were returned. Of these 13 responses, 10 were in favor of the rezoning and 3 were opposed. The location of the 3 properties that expressed opposition, and any reason cited for the opposition, are listed below. These three properties are also shown in red on the potential rezoning map in Attachment 2. (1) 7525 W. 44` Avenue: the main reason cited for opposition is existing easements and development restrictions recorded on their property and other adjacent properties. These easements /recorded restrictions do not directly relate to the existing zoning (C -1) and rezoning to MU -C would not change the easements. While it is true that the easements and restrictions would need to be removed in order for any significant redevelopment of the land to occur, the proposed new zoning would not directly impact any privately recorded restrictions on the land. (2) 3885 Upham Street: no reason for opposition cited (3) 7630 W. 39 Avenue: reason cited for opposition was concern that the new zoning could lead to high -rise residential towers in the area. As may be seen in the map in Attachment 2, the majority of property owners within the target rezoning area did not return the survey. Nonetheless, staff has had direct contact with some of the non - responsive sites — including the property owners of the vacant Go Ford dealership — and it is clear that these owners are aware of the City's plans to pursue a legislative rezoning for this area. 2. Potential Rezoning Area The map in Attachment 2 shows the proposed rezoning boundaries, which align with the urban renewal areas established for Wadsworth. The primary reason that staff chose these boundaries is that they directly align with the area exempted from the City Charter height and density restrictions approved by voters in 2009. Please note that the rezoning area contains three properties at the southeast corner of Wadsworth and W. 44 Avenue that have already been rezoned to MU -C through land use case WZ -10 -07 (approved by Council on December 13, 2010). 3. Next Steps and Requested Feedback Staff is requesting direction from Council on whether to proceed with a rezoning for the entire area depicted on the rezoning map, including the three properties that have cited opposition. Once the boundaries for the rezoning are finalized, the following steps would need to occur in order to complete the legislative rezoning (as established in Sec 26 -113 City- initiated rezoning): (1) City Council initiates the rezoning procedure by adopting a resolution that clearly depicts the proposed rezoning area. 2 (2) Community Development holds a neighborhood meeting, to which all subject property owners as well as all property owners within 600 feet of the rezoning area are invited (3) Public Hearing before Planning Commission (4) Public Hearing before City Council for final adoption Attachments: 1. Survey mailed to Wadsworth property owners 2. Rezoning area map with property owner responses Attachment 1: Survey Mailed to Wadsworth Property Owners City of Wheat] idge COKMUWAY 1XVIA.0i'MM f Wadsworth Corridor. Potential City- Initiated Rezoning Properly Owner Feedback Form The City of Wheat Ridge is contemplating a legislative rezoning of properties on Wadsworfh Boulevard between W. 38N and W- 44t` Avenues (see map on page 2) to the new Mixed Use Commercial (MU-C) zone district_ The new zoning, which would not prevent any existing business or use from remaining in place, is intended to foster the City's gook for the qualify redevelopment of the Wadsworth corridar over the long term and is consisfent with the City's adopted plans for the area_ Information about MU-C zoning and the rezoning process was presented at a meeting for property owners on November 9s'. If you were not able to offend this meeting or if you still have questions, please contact Sarah Showalter, Planner 11, of 303 -235 -2849 or sshowalter@6-wheotndae.co _us As a property owner in the area being considered for rezoning, the City values your feedback Please complete the form and return it by December 10, 2010. Address of Property Owned: Name of Property Owner: Phone Number: Email: ❑ 0 � 1 support a Cify4nitiated rezoning of my property to MU -C ❑ (2h 1 do not support a City - initiated rezoning of my property to MU -C Nofe_ checking this box does not ensure that your property weld not be included in a future City - initiated rezoning. but your desire to not be included in the rezoning will be shared with City Council ❑ (3) ]am undecided Please provide reasons for your selection, especially if it is number 2 or 3: Return by December 10ih to: Sarah Showalter Community Development Department 7500 W. 29*1 Ave, 2' Floor Wheat Ridge, CO 80033 Want More Information on Mixed Use Commercial Zoning? Download a copy of the zoning ordinance of the City's website: www.chwheatridae.co.us Go to Departments> Community Development > Special Projects 0 0. 0 0 ry L O 0 n Q. M M L Q 0) 0 N N ry N C N E J_ U C6 Q Page 1 of 2 Sarah Showalter From: Gerald Dahl [GDahl @mdkrlaw.com] Sent: Monday, December 27, 2010 6:04 PM To: Sarah Showalter Cc: Kenneth Johnstone Subject: RE: City- Initiated Rezonings for PDs Sarah, In response to your question below, I have reviewed Wheat Ridge Code of Laws, and in particular Section 26 -113, entitled "City- initiated rezoning." I conclude this section authorizes the City Council to rezone any property in the City from any district to any other district, without limitation on what district the subject property is presently zoned, or what district the Council wishes to rezone it to. Subsection A of this section requires that when Council rezones property to a Planned Development district, or amends a PD district, it must follow the procedures for outline and final development plan (excluding the required authorization from property owners). This limitation is procedural only, and does not restrict the Council from deciding to rezone property presently zoned PD to a different, straight zoning district. Please do let me know if this message raises questions. Regards, Jerry Gerald E. Dahl gda hl,(tr mdkdaw. com Direct: 303 - 493 -6686 Murray Dahl Kuechemneister & Renaud UP 1,530 16th Street, Suite 200 Denver, CO 80202 Phone: 303--193-6670 Fax: 303- 477 -0965 This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e -mail, y are hereby notified that any dissemination, distribution or copying of this e -mail, and any attachments thereto, is strictly prohibited. If you have received this e- mail in error, please notify me immediately by telephone or e -mail and destroy the original message without making a copy. Thank you. From: Sarah Showalter [ mailto: sshowalter @ci.wheatridge.co.us] Sent: Tuesday, December 21, 2010 4:32 PM 12/28/2010 MIXED USE vk-r R . I —awcMAmww mm� Wadsworth Corridor 1 Wadsworth Corridor Envision mig WHEAT RIDGE e 11- n, a Nl— people to live, WOrK, anu � recreate in Wheat Ridge • Promotes a sustainable form of development Wa rA MEDIUM HIGH DENSITY MIXED USE Wheat 2 Wadsworth Corridor MIXED USE - !0,N1 • Adopt new code first, then look at rezoning property as a separate process Wadsworth Corridor Ne w ed, 411 b k owners n .... . ...... 2 • Technical task • 3 Drafts released for public input Ja • Adopted in September 2010 93 Wadsworth Corridor • Conditional uses (administrative review): — Drive -thru uses, with separation requirements — Gas stations, with separation requirements — Wholesale F11 W Wadsworth Corridor ,u1JIQJJ JqfJalaLau;. y an aI aw.m or collector) 5 Wadsworth Corridor '' _. PM1mmy $rc�,Fmnu9� • Flexible parking requirements • Streamlined review process x,.. W 6caF I i<Igl Wadsworth Corridor — Aommistrative review i —No public hearings — Predictable and timely review W6�• „cl idy„o 6 Wadsworth Corridor to officially begin the rezoning I resolution with map ," Wadsworth Corridor • Planning L ommission ruun- neat n,ig • City Council Public Hearing -� W hcnt 1 -ge 14 1 �.J 9 City of W heat R�ijge WADSWORTH POTENTIAL REZONING PROPERTY OWNER MEETING November 9, 2010 6pm Welcome and Sign -In 6- 6:05pm Staff Presentation 6:05- 6:35pm - Why mixed use zoning for Wadsworth? - Why proactively rezone? - Overview of proposed Mixed Use - Commercial (MU -C) zone district - Next steps and process Questions and Answers 6:35- 7:00pm Group discussion and a chance to ask questions about the presentation Staff Available for individual questions 7 -7:30 pm An opportunity for one -on -one conversations with staff Note: a property owner feedback form is available tonight and has also been mailed to all property owners. Please complete the form and return it to the City by December 10, 2010. u� City of WheatRoge MIXED USE ZONING BETTER ZONING FOR A VIBRANT WHEAT RIDGE Wadsworth Corridor Meeting — Nov 9th ;0 -*1 Lk-9 1 Name Address of Property Owned Address Where to Reach You (include suite and zip code) Phone Email 1 � E� c Iw ��L�/`� 7 �� G�. C �7C 36X k I l�tfEM P��6G� �00 �3 303- 0Z� - Gi rz cl ��w rIclk/I,h 2 _ (� 3 C 0 C I�i�' r s l Go,Q,t!`2 /9` stems SSOO icJ C- //I �U� �Oi�Z 30�- x/12 - �Sov 4 � � �� c C;uT 3 g` 5 �x s IJRD5 ��55 ��n5VJ� + 3wO LJKV- �S3 3o3 - `�a�f -obob erre(:C cL uf�Cl�fer os;. 5 6 7 8 9 10 11 12 13 14 15 ;0 -*1 Lk-9 1 City of MIXED USE ZONING Wheat]�dge BETTER ZONINGFORAVIBRANTWHEATRIDGE Wadsworth Corridor Meeting— Nov 9th Name Address of Property Owned Address Where to Reach You (include suite and zip code) Phone Email 2 Ns.-P— Ck w J K Z ZC 3 4 5 6 7 8 9 10 11 12 13 14 15 '> City of Wheatd � ge COMMUNrrY DEVELOPMENT City of Wheat Ridge Municipal Building November 9, 2010 Dear Property Owner, 7500 W. 29 " Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 The City of Wheat Ridge is contemplating a City- initiated legislative rezoning of properties located on the Wadsworth Boulevard corridor, roughly between W. 38 "' and W. 44" Avenues (please see enclosed map for the proposed rezoning area). The purpose of the rezoning is to apply a newly adopted zone district, Mixed Use - Commercial (MU -C), to the Wadsworth corridor. As a property owner within the potential rezoning area, we are requesting your feedback. Please return the attached form, utilizing the enclosed stamped envelope, no later than December 10 "', 2010. Wadsworth has long been a priority redevelopment area for the City, dating back to the adoption of the Town Center Urban Renewal Plan in 1981. In more recent years, the City adopted the Wadsworth Corridor Subarea Plan (2007), which calls for medium- and high - density mixed use redevelopment along the corridor, with a focus on a mixed use town center between W. 38 "' and W. 44 "' Avenues. This vision was reinforced by the recently- adopted Comprehensive Plan, Envision Wheat Ridge (2009). Envision Wheat Ridge identifies Wadsworth between W. 38 "' and W. 44 "' Avenues as a priority redevelopment area within the City, specifically recommending the adoption of mixed use zoning that will encourage high - quality, mixed use redevelopment along the corridor. The City started work on mixed use zoning targeted for Wadsworth and other priority redevelopment areas in early 2010. The process of forming the new zoning included a meeting in January 2010 with Wadsworth property owners. At that meeting, City staff distributed a survey to gauge interest in a potential City - initiated rezoning along the corridor. The majority of property owners expressed interest in a legislative rezoning to a new mixed use zone district. Now that the new zoning is adopted, the City is moving forward with a potential legislative rezoning along the corridor. The proposed zone district for Wadsworth, MU -C, allows for a wide range of commercial and residential land uses. Some key features of this zone district include: • A streamlined development review process with no public hearings • Higher allowable building heights (4 -6 stories) • Flexible parking requirements • Architectural and site design standards If you have specific questions about the proposed MU -C zoning and what it would mean for your property, please contact Sarah Showalter, Planner It, at 303 - 235 -2849. SiSi c erely Kenneth Johnst AICP Community De lopment Director www.ci.wheatri1ge.co.us City of eat t�� COM MUNFlY DEVr-LMMENr Wadsworth Corridor: Potential City- Initiated Rezoning Property Owner Feedback Form The City of Wheat Ridge is contemplating a legislative rezoning of properties on Wadsworth Boulevard between W. 38 and W. 44th Avenues (see map on page 2) to the new Mixed Use Commercial (MU -C) zone district. The new zoning, which would not prevent any existing business or use from remaining in place, is intended to foster the City's goals for the quality redevelopment of the Wadsworth corridor over the long term and is consistent with the City's adopted plans for the area. Information about MU -C zoning and the rezoning process was presented at a meeting for property owners on November 9 If you were not able to attend this meeting or if you still have questions, please contact Sarah Showalter, Planner II, at 303 - 235 -2849 or sshowalter @ci.wheatridae.co.us As a property owner in the area being considered for rezoning, the City values your feedback. Please complete the form and return it by December 10, 2010. Address of Property Owned: Name of Property Owner: Phone Number: Email: ❑ (1) 1 support a City- initiated rezoning of my property to MU -C ❑ (2) 1 do not support a City - initiated rezoning of my property to MU -C Note: checking this box does not ensure that your property will not be included in a future City- initiated rezoning, but your desire to not be included in the rezoning will be shared with City Council ❑ (3) 1 am undecided Please provide reasons for your selection, especially if it is number 2 or 3: Return by December 10 to: Sarah Showalter Community Development Department 7500 W. 29th Ave, 2nd Floor Wheat Ridge, CO 80033 Want More Information on Mixed Use Commercial Zoning? Download a copy of the zoning ordinance at the City's website: www.ci.wheatridae.co.us Go to Departments > Community Development > Special Projects 2 Map of Area Considered for City- Initiated Rezoning to Mixed Use Commercial (MU -C) 302 POPLAR LLC 3765 COMPANY 3815 WADSWORTH LLC % MICHAEL DWYER Kevin Harper PO BOX 370327 PO BOX 3346 966 S JOSEPHINE ST DENVER CO 80237 BOULDER CO 80307 DENVER CO 80209 EDWARD E COLSON III TRUST LOAN ASSOC 44TH AND WADSWORTH LIMITED COLSON KAREN JEANN 3885 UPHAM PROPERTIES LLC LIABILITY CO AAA PROPANE SALES 2932 FENTON %PACIFIC WEST DEVELOPMENT 7405 W 44TH AVE WHEAT RIDGE CO 80214 9440 SANTA MONICA BLVD 706 WHEAT RIDGE CO 80033 BEVERLY HILLS CA 90210 ALLEN EDWIN S ANDERSON ROBERT E BELLA LUNA INVESTMENTS LLC PO BOX 1989 3221 N COMMERCE CT 7750 W 38TH AVE WHEAT RIDGE CO 80034 CASTLE ROCK CO 80104 WHEAT RIDGE CO 80033 BRODIE LEON J BUGELLI EMANUEL C & D INVESTMENTS LLC BUGELLI BIRTE ANN PO BOX 2071 2355 YARROW ST FRASER CO 80442 5455 LANDMARK PL 1213 LAKEWOOD CO 80216 GREENWOOD VILLAGE CO 80111 CALKINS BRADLEY H CARVER VAN E CHAO LAI FONG % BRADLEY PETROLEUM INC 6735 W 31 ST AVE 7482 N DEPEW ST 7268 S TUCSON WAY DENVER CO 80214 WESTMINSTER CO 80003 ENGLEWOOD CO 80112 CHAR ROSE TOWNHOMES LLC CHESROWN FORD INC CINNA LLC 4200 YARROW ST 19 3765 WADSWORTH BLVD 4105 WADSWORTH BLVD WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 COMMERCIAL FEDERAL SAVINGS & CRAMER DWIGHT L TRUSTEE EDWARD E COLSON III TRUST LOAN ASSOC CRAMER BEVERLY A TRUSTEE COLSON KAREN JEANN % BANK OF THE WEST TAX DEPT 3901 WADSWORTH BLVD SCIOTTO DENNIS R 1450 TREAT BLVD 2646 MARMOL CT WALNUT CREEK CA 94597 WHEAT RIDGE CO 80033 CARLSBAD CA 92009 ER & IJ WINKELMAN TRUST GENUARIO JEFFREY % CSK AUTO CHECKER 4288 7304 COORS CHARLES W GENUARIO ELIZABETH CT AR CO 80 PO BOX 19063 7400 WINTER BERRY LN PHOENIX AZ 85005 VADA CO 80005 CASTLE ROCK CO 80108 GRAUL RUTH CO- CONSERVATOR H J H LIMITED LIABILITY GRAUL E GEORGE SWARTZ MARY SHERIE COMPANY PO BOX 892 LOECHER EILEEN WHEAT RIDGE CO 80033 %G E BOATRIGHT 4100 WADSWORTH BLVD 4315 WADSWORTH BLVD WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 HAMMOND LAND COMPANY HARBORZEL PARTNERSHIP HARMAN MANAGEMENT LLC HARBORZEL GENERAL PARTNERSHIP CORPORATION FLD LLC % HARMAN - THORNTON INC 7630 W 39TH AVE 10231 E POWERS AVE 5544 S GREEN ST WHEAT RIDGE CO 80033 GREENWOOD VILLAGE CO 80111 MURRAY UT 84123 HOCKMAN DENNIS HOMFRAY CREEK IB PROPERTY HOLDINGS LLC 7661 W 41ST AVE DEVELOPMENT LLC % BAYVIEW LOAN SERVICING INC WHEAT RIDGE CO 80033 8101 E PRENTICE AVE 605 4425 PONCE DE LEON BLVD 5TH FL ENGLEWOOD CO 80111 CORAL GABLES FL 33146 JEFFERSON COUNTY HOUSING AUTHORITY ALAN FEINSTEIN 7490 W 45TH AVE WHEAT RIDGE CO 80033 JERRY ROACH TRUST ROACH JEROME J TRUSTEE 6545 W 44TH AVE WHEAT RIDGE CO 80033 KLM ENTERPRISES LLC 10997 ASH WAY THORNTON CO 80233 KUNZ LARRY L 11893 W 27TH DR LAKEWOOD CO 80215 MAGEERAYMOND MAGEE SHANNON L HILLER 8735 E 28TH AVE DENVER CO 80238 PUBLIC SERVICE CO OF COLORADO 550 15TH ST DENVER CO 80202 SOSNOWSKA BURG EWA 10632 CHADSWORTH LN HIGHLANDS RANCH CO 80126 Janelle Lampshire 16857 E Lake Drive Centennial CO 80016 WALTER R MORRIS IRA TRUST AGREEMENT % PRIVATE CLIENT GROUP 101 S 5TH ST LOUISVILLE KY 40202 YOUNGBLOOD TODD C YOUNGBLOOD CYNTHIA L 3818 UNION CT WHEAT RIDGE CO 80033 LOEC14ER ROGER P INVESTMENTS INTERNATIONAL 5500 W 44TH AVE DENVER CO 80212 MOUNTAIN SPRINGS PLAZA LLC 2821 S PARKER RD 215 AURORA CO 80014 ROACH INVESTMENT LIMITED PARTNERSHIP RLLLP 6545 W 44TH AVE WHEAT RIDGE CO 80033 THREE ACRE LANE LLC 7610 W 42ND AVE WHEAT RIDGE CO 80033 WADSWORTH 4045 CONDOMINIUM ASSN INC %4045 WADSWORTH LLC PO BOX 371562 DENVER CO 80237 WHEAT RIDGE 08 A WHEAT RIDGE 08 A LLC 12411 VENTURA BLVD STUDIO CITY CA 91604 YURIK JOHN J JR BERGKAMP HAROLD E YURIK LA VERNE N % TAX DEPARTMENT PO BOX 256 DUBLIN OH 43017 MAESEL R YELENICK TRUST 955 EUDORA ST 1602E DENVER CO 80220 PACIFIC REALTY ASSOCIATES LP 15350 SW SEQUOIA PKWY 300 PORTLAND OR 97224 S & O DEVELOPMENT LLC 2421 W EDGEWOOD DR JEFFERSON CITY MO 65109 VOHOSKA VERNON D VOHOSKA MARJORIE I PO BOX 437 WHEAT RIDGE CO 80033 WADSWORTH BUILDING CORPORATION % ACCOUNTING DEPT 1650 S COLORADO BLVD DENVER CO 80222 YANGTHOMASS YANG SUSAN Y YU CHUA GIM LAND % APPLEWOOD OFFICE PARK 2700 YOUNGFIELD 280 LAKEWOOD CO 80215 AMCAP PROPERTIES, INC DENISE ECKARDT 44 COOK ST 710 DENVER CO 80206 VECTOR PROPERTY SERVICES WESTAR REAL PROPERTY SERVICES AUTONATION MATT SMITH ELIZABETH SCHEELE HARRY BRUMLEY 1001 17TH ST 410 1600 JACKSON ST 180 200 SW 1ST AVE DENVER CO 80202 GOLDEN CO 80401 FORT LAUDERDALE FL 33301 WESTERN CENTERS, INC WESTON SOLUTIONS Grace Kitajima JOHN REINSMA 2821 S PARKER RD 215 143 UNION BLVD 810 AURORA CO 80014 LAKEWOOD CO 80228 B WADSWORTH CORRIDOR PROPERTY OWNERS: Potential Rezoning Since the Wadsworth Summit in January, the City has adopted new mixed use zone districts. Please join us to learn more about: • The mixed use zoning adopted by City Council in September • The potential for a City- initiated rezoning for the Wadsworth corridor between W. 44th and W. 38th Avenues to the new Mixed Use - Commercial (MU -C) district If you cannot attend, please contact Sarah Showalter at 303 - 235 -2849 or sshowalter@ci.wheatridge.co.us cry of www.ci.wheatridge.co. us �w eatpl dge 302 POPLAR LLC 3765 COMPANY 3815 WADSWORTH LLC % MICHAEL DWYER 966 S JOSEPHINE ST PO BOX 370327 PO BOX 3346 DENVER CO 80209 DENVER CO 80237 BOULDER CO 80307 44TH AND WADSWORTH LIMITED 3885 UPHAM PROPERTIES LLC LIABILITY CO AAA PROPANE SALES 2932 FENTON %PACIFIC WEST DEVELOPMENT 7405 W 44TH AVE WHEAT RIDGE CO 80214 9440 SANTA MONICA BLVD 706 WHEAT RIDGE CO 80033 BEVERLY HILLS CA 90210 ALLEN EDWIN S ANDERSON ROBERT E BELLA LUNA INVESTMENTS LLC PO BOX 1989 3221 N COMMERCE CT 7750 W 38TH AVE WHEAT RIDGE CO 80034 CASTLE ROCK CO 80104 WHEAT RIDGE CO 80033 BOROUMAND ENAYATALLAH BUGELLI EMANUEL BOROUMAND ENAYATALLAH BRODIE LEON J BUGELLI BIRTE ANN TRUSTEE PO BOX 2071 5455 LANDMARK PL 1213 PO BOX 117639 FRASER CO 80442 BURLINGAME CA 94011 GREENWOOD VILLAGE CO 80111 C & D INVESTMENTS LLC CALKINS BRADLEY H CARVER VAN E 2355 YARROW ST % BRADLEY PETROLEUM INC 6735 W 31 ST AVE LAKEWOOD CO 80216 7268 S TUCSON WAY DENVER CO 80214 ENGLEWOOD CO 80112 CHAO LAI FONG CHAR ROSE TOWNHOMES LLC CHESROWN FORD INC 7482 N DEPEW ST 4200 YARROW ST 19 3765 WADSWORTH BLVD WESTMINSTER CO 80003 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 COMMERCIAL FEDERAL SAVINGS & CRAMER DWIGHT L TRUSTEE CINNA LLC LOAN ASSOC CRAMER BEVERLY A TRUSTEE 4105 WADSWORTH BLVD % BANK OF THE WEST TAX DEPT 3901 WADSWORTH BLVD WHEAT RIDGE CO 80033 1450 TREAT BLVD WHEAT RIDGE CO 80033 WALNUT CREEK CA 94597 EDWARD E COLSON III TRUST ER & IJ WINKELMAN TRUST COLSON KAREN JEANN % CSK AUTO CHECKER 4288 FATZINGER CHARLES W SCIOTTO DENNIS R p0 BOX 19063 7304 COORS CT 2646 MARMOL CT ARVADA CO 80005 CARLSBAD CA 92009 PHOENIX AZ 85005 FIRSTBANK OF WHEATRIDGE N A GENUARIO JEFFREY GRAUL E GEORGE % FIRST BANK HOLDING CO GENUARIO ELIZABETH PO BOX 892 PO BOX 150097 7400 WINTER BERRY LN WHEAT RIDGE CO 80033 LAKEWOOD CO 80215 CASTLE ROCK CO 80108 GRAUL RUTH CO- CONSERVATOR SWARTZ MARY SHERIE H J H LIMITED LIABILITY HAMMOND LAND COMPANY LOECHER EILEEN COMPANY LLC %G E BOATRIGHT 4100 WADSWORTH BLVD 7630 W 39TH AVE 4315 WADSWORTH BLVD WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 HARBORZEL PARTNERSHIP HARMAN MANAGEMENT HARBORZEL GENERAL PARTNERSHIP CORPORATION HOCKMAN DENNIS FLD LLC % HARMAN - THORNTON INC 7661 W 41ST AVE 10231 E POWERS AVE 5544 S GREEN ST WHEAT RIDGE CO 80033 GREENWOOD VILLAGE CO 80111 MURRAY UT 84123 HOMFRAY CREEK DEVELOPMENT LLC 8101 E PRENTICE AVE 605 ENGLEWOOD CO 80111 IB PROPERTY HOLDINGS LLC %BAYVIEW LOAN SERVICING INC 4425 PONCE DE LEON BLVD 5TH FL CORAL GABLES FL 33146 JEFFERSON COUNTY HOUSING AUTHORITY ALAN FEINSTEIN 7490 W 45TH AVE WHEAT RIDGE CO 80033 JERRY ROACH TRUST ROACH JEROME J TRUSTEE 6545 W 44TH AVE WHEAT RIDGE CO 80033 LOECHER ROGER P INVESTMENTS INTERNATIONAL 5500 W 44TH AVE DENVER CO 80212 MOUNTAIN SPRINGS PLAZA LLC 2821 S PARKER RD 215 AURORA CO 80014 ROACH INVESTMENT LIMITED PARTNERSHIP RLLLP 6545 W 44TH AVE WHEAT RIDGE CO 80033 THREE ACRE LANE LLC 7610 W 42ND AVE WHEAT RIDGE CO 80033 WADSWORTH BUILDING CORPORATION % ACCOUNTING DEPT 1650 S COLORADO BLVD DENVER CO 80222 YANGTHOMASS YANG SUSAN Y YU CHUA GIM LAND %APPLEWOOD OFFICE PARK 2700 YOUNGFIELD 280 LAKEWOOD CO 80215 KLM ENTERPRISES LLC 10997 ASH WAY THORNTON CO 80233 MAESEL R YELENICK TRUST 955 EUDORA ST 1602E DENVER CO 80220 PACIFIC REALTY ASSOCIATES LP 15350 SW SEQUOIA PKWY 300 PORTLAND OR 97224 S & O DEVELOPMENT LLC 2421 W EDGEWOOD DR JEFFERSON CITY MO 65109 VOHOSKA VERNON D VOHOSKA MARJORIE I PO BOX 437 WHEAT RIDGE CO 80033 WALTER R MORRIS IRA TRUST AGREEMENT % PRIVATE CLIENT GROUP 101 S 5TH ST LOUISVILLE KY 40202 YOUNGBLOOD TODD C YOUNGBLOOD CYNTHIA L 3818 UNION CT WHEAT RIDGE CO 80033 KUNZ LARRY L 11893 W 27TH DR LAKEWOOD CO 80215 MAGEE RAYMOND MAGEE SHANNON L HILLER 8735 E 28TH AVE DENVER CO 80238 PUBLIC SERVICE CO OF COLORADO 550 15TH ST DENVER CO 80202 SOSNOWSKA BURG EWA 10632 CHADSWORTHLN HIGHLANDS RANCH CO 80126 WADSWORTH 4045 CONDOMINIUM ASSN INC % 4045 WADSWORTH LLC PO BOX 371562 DENVER CO 80237 WHEAT RIDGE 08 A WHEAT RIDGE 08 A LLC 12411 VENTURA BLVD STUDIO CITY CA 91604 YURIK JOHN J JR BERGKAMP HAROLD E YURIK LA VERNE N % TAX DEPARTMENT PO BOX 256 DUBLIN OH 43017 AMCAP PROPERTIES, INC FBRSTBANK OF WHEAT RIDGE VECTOR PROPERTY SERVICES DENISE ECKARDT DENISE WADDELL, PRESIDENT MATT SMITH 44 COOK ST 710 4350 WADSWORTH BLVD 1001 17TH ST 410 DENVER CO 80206 WHEAT RIDGE CO 80033 DENVER CO 80202 WESTAR REAL PROPERTY SERVICES ELIZABETH SCHEELE 1600 JACKSON ST 180 GOLDEN CO 80401 WESTON SOLUTIONS JOHN REINSMA 143 UNION BLVD 810 LAKEWOOD CO 80228 AUTONATION HARRY BRUMLEY 200 SW 1 STAVE FORT LAUDERDALE FL 33301 WESTERN CENTERS, INC GRACE 2821 S PARKER RD 215 AURORA CO 80014 Wadsworth Summit 2010 Property Owners -- Property Address Owner Owner Owner Owner Company Owner Address City State Zip Phone roperty Zip SF Use Year Built 7720 W 39TH AVE 302 POPLAR LLC % MICF AFL DWYER PO BOX 3346 BOULDER CO 80307 80033 13503 COMMR 1950 3765 WADSWORTH BLVD 3765 COMPANY 9 S JOSEPHINE ST DENVER CO 80209 80033 124830 COMMR 1958 3815 WADSWORTH BLVD 3815 WADSWORTH LLC - - PO BOX 370327 DENVER CO 80237 80033 18295 COMMR 1964 3885 UPHAM ST 3885 UPHAM PROPERTIES LLC 2932 FENTON WHEAT RIDGE CO 80214 80033 102300 COMMR 1979 4184 WADSWORTH BLVD 44TH AND WADSWORTH LIMITED LIABILITY CO % PACIFIC WEST DEVELOPMENT _ 9440 SANTA MONICA BLVD 706 BEVERLY HILLS_ CA 90210 80033 376140 COMMR 1969 7405 W 44TH AVE AAA PROPANE SALES 7405 W 44TH AVE WHEAT RIDGE GO 80033 80033 15630 COMMR 1957 7323 W 38TH AVE ALLEN EDWIN PO BOX 1989 WHEAT RIDGE CO 80034 80033 53840 COMMR 1925 3925 WADSWORTH BLVD ANDERSON ROBERT E 3221 N COMMERCE CT CASTLE ROCK co 80104 80033 26920 COMMR 1976 7750 W 38TH AVE BELLA LUNA INVESTMENTS LTG 775 W_ 38TH AVE WHEAT RIDGE CO 80033 80033 32152 COMMR 1974 7540 W 44TH AVE BOROUMAND ENAYATALLAH BOROUMAND ENAYATALLAH TRUSTEE _ _ _ - - PO BOX 117639 BURLINGAME OA 94011 80033 43316 COMMR 1979 4275 WADSWORTH BLVD BRODIE LEON J PO BOX 2071 FRASER CO 80442 80033 7971 COMMR 1925 3795 WADSWORTH _BLVD BUGELLI EMANUEL BUGELLI BIRTE ANN _ - -- 5455 LANDMARK PL 1213 GREENWOOD VILLAGE CO 80111 80033 17445 COMMR 1965 3855 WADSWORTH BLVD C& D INVESTMENTS LLC _ _. 2355 YARROW_ ST LAKEWOOD 00 80216 80033 23827 COMMR 1960 7403 W 38TH AVE CALKINS BRADLEY %BRADLEY PETROLEUM INC 7268 S TUCSON WAY ENGLEWOOD CO 80112 80033 13180 COMMR 1986 7790 W 39TH AVE CARVER VAN E 6735 W 31ST AVE DENVER GO 80214 80033 16650 COMMR 1958 3895 WADSWORTH BLVD CHAD LAI FONG 7482 N DEPEW ST WESTMINSTER CO 80003 80033 _ 12500 COMMR 1971 7770 W 44TH AVE CHAR ROSE TOWNHOMES LLC _ _ _ 4200 YARROW ST 19 WHEAT RIDGE CO 80033 80033 37279 COMMR 1985 3501 WADSWORTH BLVD CHESROWN FORD INC _ 3765 WADSWORTH BLVD WHEAT RIDGE GO 80033 80033 425132 0 4105 WADSWORTH BLVD CINNA LLC 4105 WADSWORTH BLVD WHEAT RIDGE CO 80033 80033 22189 COMMR 1972 7575 W 44TH AVE COMMERCIAL FEDERAL SAVINGS &LOAN ASSOC % BAN. OF THE WEST TAX DEPT 1450 TREAT BLVD WALNUT CREEK CA 94597 80033 23800 COMMR 1973 7615 W 39TH AVE CRAMER DWIGHT L TRUSTEE CRAMER BEVERLY A TRUSTEE 3901 WADSWORTH BLVD WHEAT RIDGE GO 80033 80033 6969 0 4084 WADSWORTH BLVD EDWARD E COLSON III TRUST COLSON KAREN JEANN SCIOTTO DENNIS R _ 26 MARMOL CT CARLSBAD CA 92009 80033 19800 COMMR 1971 4490 WADSWORTH BLVD ER& U WINKELMAN TRUST -- _ % CSK AUTO CHECKER 4288 PO BOX 19063 PHOENIX AZ 85005 80033 36058 COMMR 1964 7301 W 44TH AVE FATZINGER CHARLES W 7304 COORS CT ARVADA CO 80005 80033 21698 RESID 1937 4350 WADSWORTH BLVD FIRSTBANK OF WHEATRIDGE N A % FIRS f BANK HOLDING CO PO BOX 150097 LAKEWOOD CO 80215 80033 141483 COMMR 1986 3805 WADSWORTH BLVD GENUARIO JEFFREY GENUARIO ELIZABETH - - _ 7400 WINTER BERRY LN CASTLE ROCK CO 80108 80033 19340 COMMR 1985 7610 W 44TH AVE GRAUL E GEORGE PO BOX 892 WHEAT RIDGE GO 80033 80033 95919 COMMR 1958 4315 WADSWORTH BLVD GRAUL RUTH CO- CONSERVATOR SWARTZ MARY SHERIE LOECHER EILEEN %G E BOAT_R_IG_HT 4315 WADSWORTH BLVD WHEAT RIDGE CO 80033 80033 98890 COMMR 1962 4100 WADSWORTH BLVD H J H LIMITED LIABILITY COMPANY _ _ - - - _ 4100 WADSWORTH BLVD WHEAT RIDGE CO 80033 80033 85803 COMMR 1997 7630 W 39TH AVE HAMMOND LAND COMPANY LLC 7630 W 39TH AVE WHEAT RIDGE GO 80033 80033 11250 COMMR 1958 4300 WADSWORTH BLVD HARBORZEL PARTNERSHIP HARBORZEL GENERAL PARTNERSHIP FLO LLC 10231 E POWERS AVE GREENWOOD VILLAGE CO 80111 80033 33350 COMMR 1972 4203 WADSWORTH BLVD HARMAN MANAGEMENT CORPORATION _ %HARMAN- THORNTON INC 5544 S GREEN ST MURRAY UT 84123 80033 6480 COMMR 1985 7661 W 41ST AVE LOCKMAN DENNIS 7661 W 41ST AVE WHEAT RIDGE CO 80033 80033 11761 RESID 1874 4196 YARROW ST HOMFRAV CREEK DEVELOPMENT LLC 8101 E PRENTICE AVE 605 ENGLEWOOD CO 80111 80033 38811 0 7700 W 44TH AVE IB PROPERTY HOLDINGS LLC - / BAY1'IEW LOAN SERVICING INC _ 4425 PONCE DE LEON BLVD 5TH FL CORAL GABLES FL 33146 80033 39439 COMMR 1977 7490 W 45TH AVE JEFFERSON COUNTY HOUSING AUTHORITY ALAN FEINSTEIN - _ 7490 W 45TH AVE WHEAT RIDGE CO 80033 303 - 422 -8600 80033 25100 COMMR 2004 7805 W 41ST AVE JERRY ROACH TRUST ROACH JEROME J TRUSTEE 6545 W 44TH AVE WHEAT RIDGE CO 80033 80033 16800 COMMR 1957 4045 WADSWORTH BLVD KLM ENTERPRISES LLC _ 10997 ASH WAY THORNTON CO 80233 80033 0 COMMR 1961 7639 W 39TH AVE KUNZ LARRY L - - _- - - _ _ 11893 W 27TH DR LAKEWOOD CO 80215 80033 10193 COMMR 1952 7750 W 39TH AVE LOECHER ROGER P INVESTMENTS INTERNATIONAL - - _ 5500 W 44TH AVE DENVER CO 80212 80033 15021 COMMR 1958 7690 W 38TH AVE MAESEL R YELENICK TRUST 955 EUDORA ST 1602E DENVER CO 80220 80033 27341 COMMR 1962 7815 W 41ST AVE MAGEE RAYMOND MAGEE SHANNON L HILLER 8735 E 28TH AVE DENVER CO 80238 80033 15899 COMMR 1957 7615 W 38TH AVE MOUNTAIN SPRINGS PLAZA LLC _ _ _ _ _ - -- _ 2821 S PARKER RD 215 AURORA CO 80014 80033 225478 COMMR 1986 7525 W 44TH AVE PACIFIC REALTY ASSOCIATES LP 15350 SW SEQUOIA PKWY 300 PORTLAND OR 97224 80033 50084 COMMR 1972 7601 W 44TH AVE _ PUBLIC SERVICE CO OF COLORADO 550 15TH -- ST DENVER CO 80202 80033 385 0 7393 W 44TH AVE ROACH INVESTMENT LIMITED PARTNERSHIP RLLLP - - _ _ _ _ - - _ _ 6545 W 44TH AVE WHEAT RIDGE CO 80033 80033 22390 CORPS 1957 4470 WADSWORTH BLVD S8ODEVELOPMENT LLC -- -- 2421 W EDGEWOOD DR JEFFERSON CITY MO 65109 _ 80033 38357 0 7820 _W 39TH AVE SOSNOWSKA BURG EWA _ 10632_ CHADS_W_ORTH LN HIGHLANDS RANCH CO 80126 80033 15000 COMMR 1957 7610 THREE ACRE LN THREE ACRE LANE LLC _ _ - _ _ _ - - - - _ 7610 W 42ND AVE WHEAT RIDGE CO 80033 80033 37125 COMMR 1950 7601 W 44TH AVE VOHOSKA VERNOND VOHOSKA MARJORIE _ - - _ PO BOX 437 WHEAT RIDGE CO 80033 80033 49571 COMMR 1999 VACANTLAND WADSWORTH 4045 CONDOMINIUM ASSN INC % 4045 WADSWORTH LLG PO BOX 371562 DENVER CO 80237 80033 87805 0 7391 W 38TH AVE WADSWORTH BUILDING CORPORATION - _ % ACCOUNTING DEPT _ _ _ 1650_ S COLORADO BLVD DENVER CO 80222 80033 57150 COMMR 1985 4020 WADSWORTH BLVD _ WALTER R MORRIS IRA TRUST AGREEMENT _ - - % PRIVATE CLIENT GROUP 101 S 5TH ST LOUISVILLE KY 40202 80033 25770 COMMR 1991 3830 WADSWORTH BLVD WHEAT RIDGE 08A _ WHEAT RIDGE 08 A LLG 12411 VENTURA BLVD STUDIOCITY CA_ 91604 80033 74793 COMMR 1996 7651 W 41ST AVE YANG THOMAS _ YANG SUSAN YU CHUAGIM LAND - %APPLEWO OFFICE PARK _ _ 2700_ YOUNGFIELD 280 LAKEWOOD CO 80215 80033 31360 COMMR _1971 VACAN LAND YOUNGBLOOD TODD C YOUNGBLOOD CYNTHIA IF - - - _ - _ 3818 UNION CT WHEAT RIDGE CO 80033 _ 80033_ 3538 0 3955 WADSWORTH BLVD _ VURIK JOHN J JR _ BERGKAMP HAROLD E - VURIK LAVERNEN %TAX DEPARTMENT PO BOX 256 _ DUBLIN OH 43017 80033 30971 COMMR 1978 Page 1 of I Sarah Showalter From: Sarah Showalter Sent: Tuesday, November 02, 2010 9:01 AM Subject: Wadsworth Corridor Meeting Nov 9th Hello, You are receiving this email because you are a property owner or owner's representative who attended the Wadsworth Summit in January, 2010. As some of you already know, since the time of the Summit, the City drafted a new mixed use zoning code that was adopted in September, 2010. Now that the zoning is on the books, the City is exploring a legislative rezoning of properties on the Wadsworth Corridor, roughly between W. 38 Ave and W. 44th Ave, to the new Mixed Use Commercial (MU -C) district. We are holding a meeting for property owners on Tuesday, November 9th at 6pm at Wheat Ridge City Hall (7500 W 29th Avenue). The purpose of this meeting will be for you to learn about the MU -C district and to ask questions /give feedback on the potential rezoning. More details are attached in the copy of the postcard that was mailed to property owners last week. We hope that you can join us. RSVP is not necessary, but if you cannot attend please contact me, Sarah Showalter, so that we can pass on information to you. Thanks, Sarah Showalter, AICP, LEED AP Planner II 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303 - 235 -2849 Fax: 303- 235 -2857 www.ci.wheitridge.cc.us 4 iE� ci1 W h6 at ] is 11c,��e �4], §qM €Pvi i'C I'IEl3I O atI.NI CONFIDENTIALITY NOTICE: This e -mail contains business - confidential information. It is intended only for the use ofthe individual or entity named above. If you are not the intended recipient, you am notified that any disclosure, copying, distribution, eleennnic storage or use of this communication is prohibited. If you received this communication in en'or, please notity us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 11/03/2010 City of Wheat R:idge OFFICE OF THE MAYOR City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2800 F: 303.234.5924 January 4, 2010 Dear Wadsworth Property Owner, It is with much enthusiasm that I invite you to join me for a discussion about the future of the Wadsworth corridor. In partnership with City staff, I will be hosting a summit for property owners along the Wadsworth corridor between W. 38 and W. 44 Avenues on Wednesday, January 13 at 6pm. In 2007, City Council approved the Wadsworth Corridor Subarea Plan. The plan recommends the creation of a mixed use, higher density town center on Wadsworth roughly between W. 38 and W. 44 Avenues. The vision for a vibrant town center anchoring the Wadsworth corridor is reinforced in Envision Wheat Ridge, the updated Comprehensive Plan adopted by City Council in October 2009. We came one step closer to implementing the mixed use town center in November 2009, when Wheat Ridge voters passed an amendment to the City Charter exempting certain Urban Renewal Areas — including the town center area on Wadsworth — from height and density restrictions. As the City works to implement the Subarea Plan and Comprehensive Plan, creating new zoning that promotes high quality, mixed use development is an important step. A large purpose of the summit will be to discuss the formation of new mixed use zoning that will hopefully guide the future redevelopment of Wadsworth. , In addition to information about potential mixed use zoning for the corridor, the summit will provide other resources for property owners in an open house format, including: • Wheat Ridge 2020 resources • Business District resources • Economic Development resources • Update on Urban Renewal activities I hope that you will join us on January 13 Your input is greatly valued as we carry forward the vision for a vibrant, mixed use town center in Wheat Ridge. v Sincerely, M / or 4rry DiTullio Wadsworth Summit Details When: January 13, 6pm Where: Council Chambers Municipal Building 7500 W. 29 Avenue Wheat Ridge, CO w xi.wheatridgexo.us