HomeMy WebLinkAbout12-07-23- 6A�
City of
WheatRidge
PLANNING COMMISSION
AGENDA
December 7, 2023
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on December 7, 2023 at 6:30 p.m.
This meeting will be conducted as a virtual meeting and in person at 7500 W. 29' Avenue,
Municipal Building. The public may participate in these ways:
1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on November
1)
2. Virtually attend and participate in the meeting through a device or phone:
• Click hereto join and provide public comment (create a Zoom account to join)
• Or call 1-669-900-6833 with Meeting ID 874 6348 6946 and Passcode: 281145
3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at
htti)s://www.ci.wheatridge.co.us/view
4. Attend in person.
1. CALL THE MEETING TO ORDER
2. ROLL CALL OF MEMBERS
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA
5. APPROVAL OF MINUTES —November 2, 2023
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.)
(continued on neat page)
Planning Commission Agenda — December 7, 2023
PUBLIC HEARING *
Page 2
A. Case No. WZ-23-10: An application filed by Elham Nekouie for approval of a
zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU-N)
on a property located at 10390 West 38ffi Avenue.
8. OLD BUSINESS
9. NEW BUSINESS
A. Upcoming Dates
B. Project and Development Updates
C. Commissioner Updates
10. ADJOURNMENT
Public comment is welcome during any public hearing item. The standard procedure for a
public hearing is as follows:
a. Staff presentation
b. Applicant presentation — if applicable
c. Public comment —time may be limited at the discretion of the Chair, often to 3 minutes
d. Staff/applicant response
e. Close public hearing
f. Commission discussion and decision
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Call Amanda Harrison, Public Information Officer at 303-235-2877
at least one week in advance of a meeting if you are interested in participating and need
inclusion assistance.
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I��/ City of
WheatMidge
PLANNING COMMISSION
Minutes of Meeting
November 2, 2023
CALL THE MEETING TO ORDER
The meeting was called to order by Chair DITULLIO at 6:30 p.m. This meeting was held
in person and virtually, using Zoom video -teleconferencing technology.
ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent:
Staff Members Present:
PLEDGE OF ALLEGIANCE
Kristine Disney
Jerry DiTullio
Daniel Graeve
Will Kerns
Daniel Larson
Patrick Quinn
Jonathan Schelke
Janet Leo
Jana Easley, Planning Manager
Alayna Olivas-Loera, Planner II
Tammy Odean, Recording Secretary
APPROVE ORDER OF THE AGENDA
It was moved by consensus to approve the order of the agenda.
APPROVAL OF MINUTES — October 19, 2023
It was moved by Commissioner QUINN and seconded by Commissioner GRAEVE
to approve the minutes of October 19, 2023, as written. Motion carried 5-0-2 with
Commissioners DISNEY and KERNS.
PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
7. PUBLIC HEARING
Planning Commission Minutes
November 2, 2023
-I—
A. Case No. WZ-23-08: an application filed by Batt Cave, LLC for approval of a
zone change from Restricted Commercial (R-C) and Neighborhood Commercial
(N-C) to Mixed Use -Neighborhood (MU-N) on properties located at 3650 and
3660 Wadsworth Boulevard.
Chair DITULLIO opened the public hearing.
Ms. Olivas-Loera gave a short presentation regarding the zone change and the
application. She entered into the record the contents of the case file, packet
materials, the zoning ordinance, and the contents of the digital presentation. She
stated the public notice and posting requirements have been met, therefore the
Planning Commission has jurisdiction to hear this case.
The applicant was in attendance to answer any questions.
Public Input
No one wished to speak at this time.
In response to a question regarding setbacks for a building in the MU-N zone
district, Ms. Olivas-Loera explained that a building can be built up to the property
line, unless a residential property is adjacent to the site. She added it will be
evaluated during the Site Plan process.
Commissioner DISNEY inquired why this property was not rezoned to Mixed Use -
Commercial (MU-C).
Ms. Olivas-Loera explained the reasoning behind MU-N is due to the size and
location of the property; it is much smaller than MU-C properties.
lvCommissioner KERNS asked about the height limit in MU-N.
livas-Loera confirmed that the residential the height limit is 35 feet per the
City's Charter and for non-residential it can be up to 55 feet in height.
Commissioner DITULLIO asked if the current owners of the properties are
requesting the rezone or if a potential buyer is requesting the rezone.
Ms. Olivas-Loera clarified it is the current owners and there are no potential buyers
at this time, to staff knowledge.
Chair DITULLIO closed the public hearing.
It was moved by Commissioner QUINN and seconded by Commissioner
KERNS to recommend APPROVAL of Case No. WZ-23-08, a request for
approval of a zone change from Restricted Commercial (R-C) and
Planning Commission Minutes - 2 —
November 2, 2023
Neighborhood Commercial (N-C) to Mixed Use -Neighborhood (MU-N) on
properties located at 3650 and 3660 Wadsworth Boulevard for the following
reasons:
1. The proposed zone change will promote the public health, safety, or
welfare of the community and does not result in an adverse effect on
the surrounding area.
2. Utility infrastructure adequately services the property.
3. The proposed zone change is consistent with the goals and objectives of
the City's Comprehensive Plan and consistent with the character of
Wadsworth Boulevard.
4. The zone change will provide additional opportunity for reinvestment
in the area.
5. The criteria used to evaluate a zone change supports the request.
Motion carried 7-0
8. OLD BUSINESS
9. NEW BUSINESS
A. Upcoming Dates
Ms. Easley mentioned there will not be a meeting held on November 16 but there
will possibly be a meeting on Dec. 7 and staff will confirm later if there will be a
meeting held on December 21.
B. Project and Development Updates
No project and/or development updated at this time.
C. Commissioner Updates
Commissioner LARSON reminded all to vote on or by November 7.
In response to a question from Commissioner SCHELKE, Ms. Easley explained a
property owner can hold on to vacant land or vacant buildings as long as they are
paying their property taxes.
Commissioner DITULLIO reminded the viewers that Tabor Refund checks have
been mailed and explained the name on the check is the first person listed on the
title, and unfortunately multiple names are not listed on the checks. He also
reminded all to vote and currently Jeffco has a 16% return rate on ballots.
Planning Commission Minutes - 3 —
November 2, 2023
10. ADJOURNMENT
It was moved by Commissioner QUINN and seconded by Commissioner DISNEY to
adjourn the meeting at 6:52 p.m. Motion carried 6-0.
Jerry DiTuRio, Chair Tammy Odean, Recording Secretary
Planning Commission Minutes
November 2, 2023
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♦�4I
Wh6atBiid e
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
REVIEW DATES: December 7, 2023 (Planning Commission) / February 12, 2024 (City Council)
CASE MANAGER: Alayna Olivas-Loera, Planner II
CASE NO. & NAME: WZ-23-10 / Nekouie Rezone
ACTION REQUESTED: Approval of a zone change from Commercial -One (C-1) to Mixed Use -
Neighborhood (MU-N)
LOCATION OF REQUEST: 10390 W. 38' Avenue
APPLICANT / OWNER:
APPROXIMATE AREA:
Elham Nekouie
26,174 square feet (0.601 acres)
PRESENT ZONING: Commercial -One (C-1)
COMPREHENSIVE PLAN: Neighborhoods
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN
(X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
Location Map
Site
Planning Commission
Case No. WZ-23-10 /Nekouie Rezone
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The owner of the property at 10390 W. 38t' Avenue is requesting approval of a zone change from
Commercial -One (C-1) to Mixed Use -Neighborhood (MU-N). The zone change will result in a zoning
designation that would allow for the redevelopment and revitalization of the property. The owner of
the property intends to redevelop the site for approximately 10 townhome units which are not
permitted in C-1 but are permitted in the MU-N zone district.
I1. EXISTING CONDITIONS
The site is located on the south side of W. 38"' Avenue between Miller Street and Lee Street (Exhibit 1,
Aerial Map). The property is zoned Commercial -One (C-1), as are adjacent properties to the east and
west. Adjacent properties to the north are zoned Planned Residential Development (PRD) and
Residential -Two (R-2) to the south (Exhibit 2, Zoning Map). All neighboring properties are primarily
low -density residential uses with some higher density residential existing to the east.
According to the Jefferson County Assessor, the property is approximately 26,174 square feet (.601 ac)
in size and currently contains a commercial building built in 1960. The property consists of Block A in
the Orton Heights Subdivision Plat
III. PROPOSED ZONING
The applicant is requesting the property be rezoned to MU-N, a zone district intended to provide
medium density mixed -use development. In addition to residential and office uses, it allows for a range
of neighborhood -serving commercial and retail uses. The property has existed in its current
configuration for a number of years with a series of unsuccessful commercial ideas that did not come
to fruition. All previous proposals would not have been supported by the comprehensive plan, or by the
goals and vision for the corridor, being too intense for the context of the neighborhood.
The applicant intends to rezone the property to redevelop it for approximately 10 townhome units
(Exhibit 3, Applicant Letter). The applicant has stated they believe the zone change would enable them
to revitalize the site and bring additional housing options to the community, focusing on thoughtful and
high -quality design. The proposed use of the site for townhomes is not allowed in C-1, and the MU-N
district would provide more flexibility for the redevelopment of the site.
The current C-1 zoning is a remnant of the past and reflective of Wheat Ridge's original commercial
corridors. The C-1 zoning dates back to the City's original 1972 zoning map. While C-1 zoning is still
prominent in this area along 38"' Avenue, traditional and more auto -oriented commercial uses do not
meet the current goals and vision for the corridor and do not serve the neighborhood in the same ways
they once did. The MU-N and C-1 districts are different in terms of development standards and
permitted uses but the design standards for any new development in MU-N are strict and include
architectural standards, open space requirements, setbacks, and parking requirements. The C-1 district
allows for a variety of commercial uses including retail and office. By contrast, MU-N zoning allows
Planning Commission
Case No. WZ-23-10 /Nekouie Rezone
residential uses, commercial uses, or a mix of the two, and the permitted retail uses are greater in
number.
Many properties along W. 380i Avenue east of Wadsworth Boulevard have been rezoned to MU-N and
act as transitional buffers between higher intensity commercial zones and the adjacent residential uses
to the north and south. These MU-N properties can serve as a transition zone as properties gradually
get smaller in size, and this property has the ability to serve the same transitional purpose. MU-N
zoning is appropriate for this segment and particularly on this property given its size and its location,
and the end goal for the site.
For redevelopment under MU-N, the code includes increased setbacks and residential transition
requirements for portions of the property adjacent the neighborhood. A summary of the MU-N zone
district is provided below.
PROPOSED ZONING
or Mixed Use -Neighborhood MU -
Uses
Allows residential, commercial, or mixed use — includes multi -family and live/work
facilities
Architectural Standards
Mixed -Use standards apply, including high quality architecture, standards related to
articulation, variation, and materials
Max Building Height
35' if the building has a residential use
50' for all other uses
Max Lot coverage
90% for mixed use
85% for single use
Min. Landscaping
10% for mixed use
15% for single use
Build -to Area
0-12' along front property line
Setbacks
North (side): 10' or more, depending on number of stories (since the property abuts a
residentially zoned lot that contains a single- or two-family residential use)
South (side): 0'
West (rear): 5'
Max Density
21 dwelling units per acre
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning
Commission and City Council shall base its decision in consideration of the extent to which the
following criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community and
will not result in a significant adverse effect on the surrounding area.
Based on the changing character and land use patterns along W. 380i Avenue, and in the vicinity,
the MU-N zone district is appropriate and would allow more flexibility in terms of uses while
maintaining the low intensity nature of the area. For that reason, the zone change should not have
an adverse effect on the surrounding area. Instead, the MU-N zoning is expected to add value to the
subject property and enable an aging and underutilized property to function at its highest and best
use. The mixed -use development standards will support compatibility between future
redevelopment and existing land uses. In addition, any MU-N building containing residential is
limited to 35 feet in height and design standards for MU-N are stricter than for other zones,
including setbacks, landscaping buffers, and architecture.
Planning Commission 3
Case No. WZ-23-10 /Nekouie Rezone
Staff concludes that this criterion has been met.
2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist or are
under capacity.
Adequate infrastructure currently serves the property. All responding agencies have indicated they
can serve the property. In the event that the current utility capacity is not adequate for afuture use,
the property owner/developer would be responsible for utility upgrades. A site plan and/or building
permit review will be required for future redevelopment, and will ensure compliance with current
Building Codes, as well as the Fire Code.
Staff concludes that this criterion has been met.
3. The Planning Commission shall also find that at least one 1 of the following conditions
exists:
a. The change of zone is in conformance, or will bring the property into conformance, with
the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies or plans for the area.
W. 38"' Avenue is a primary east -west thoroughfare in the City, is classified as a principal
arterial, and transitions to residential character to the north, south, and west of the site. Envision
Wheat Ridge, the City's 2009 comprehensive plan, identifies this area as "Neighborhoods"
(Exhibit 5, Comprehensive Plan). This designation identifies areas where residents of all ages
can live safely and comfortably. Defining characteristics of an established neighborhood in the
comprehensive plan are consistent character, mature landscaping, high rates of reinvestment
and dwelling ownership, consistent maintenance, and high desirability.
City goals that are met with the rezoning proposal include encouraging reinvestment in an
aging commercial property, maintaining consistent character, increasing housing options, and
creating opportunities for dwelling ownership.
A stated goal in the comprehensive plan is to promote reinvestment in underutilized properties
and to promote a mix of neighborhood supporting uses, including residential use and office use.
This zone change request supports the comprehensive plan by enabling reinvestment in the
property, by expanding the permitted uses on the property, and by aligning the zoning with the
City's goals to improve the appearance, mix of uses, property values, and overall vitality of the
area.
Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the City
of Wheat Ridge is in error.
Staff has not found any evidence of an error with the current C-1 zoning designation as it
appears on the City zoning maps.
Staff concludes that this criterion is not applicable.
Planning Commission
Case No. WZ-23-10 /Nekome Rezone
c. A change of character in the area has occurred or is occurring to such a degree that it is
in the public interest to encourage redevelopment of the area or to recognize the changing
character of the area.
Staff finds no evidence of significant changes in the area. The zone change request from C-1 to
MU-N neither responds to nor results in notable change of character.
Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that was
not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive
plan.
The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable.
Staff concludes that the criteria used to evaluate zone change support this request.
V. PUBLIC NOTICING
Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood
input meeting in accordance with the requirements of Section 26-109.
A meeting for neighborhood input was held on August 30, 2023. This meeting was advertised and
conducted as a virtual meeting on Zoom. Eleven members of the public attended the virtual meeting in
addition to the applicant and staff (Exhibit 4, Neighborhood Meeting Notes).
As of the date of distribution of this staff report, the City has not received additional comments or
inquiries from surrounding property owners.
VI. AGENCY REFERRAL
All affected service agencies were contacted for comment on the zone change request and regarding
the ability to serve the property. Specific referral responses follow:
Wheat Ridge Engineering Division: No comments received.
West Metro Fire Protection District: No concerns. Any future development would be
referred to the district for review and approval.
Xcel Energy: No concerns. Any future development would be referred to the district for
review and approval.
Century Link / Lumen: No comments received.
Comcast Cable: No comments received.
Planning Commission
Case No. WZ-23-10 /Nekome Rezone
Consolidated Mutual Water District: No concerns. Any future development would be
referred to the district for review and approval.
Westridge Sanitation District: No concerns. Any future development would be referred to the
district for review and approval.
VIL STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change promotes the health, safety and general welfare of the
community and will not result in a significant adverse effect on the surrounding area. Staff further
concludes that utility infrastructure adequately serves the property, and the applicant will be
responsible for upgrades, if needed in the future. Finally, staff concludes that the zone change is
consistent with the goals and objectives of the Comprehensive Plan.
Because the zone change evaluation criteria support the zone change request, staff recommends
approval of Case No. WZ-23-10.
VIII. SUGGESTED MOTIONS
Option A:
"I move to recommend APPROVAL of Case No. WZ-23-10, a request for approval of a zone change
from Commercial -One (C-1) to Mixed -Use Neighborhood (MU-N) for property located at 10390 W.
38ffi Avenue for the following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the community
and does not result in an adverse effect on the surrounding area.
2. Utility infrastructure adequately services the property.
3. The proposed zone change is consistent with the goals and objectives of the City's
Comprehensive Plan.
4. The zone change will provide additional opportunity for reinvestment in the area.
5. The criteria used to evaluate a zone change supports the request."
Option B:
"I move to recommend DENIAL of Case No. WZ-23-10, a request for approval of a zone change from
Commercial -One (C-1) to Mixed -Use Neighborhood (MU-N) for property located at 10390 W. 381'
Avenue for the following reasons:
1.
2. ...
Planning Commission
Case No. WZ-23-10 /Nekouie Rezone
EXHIBIT 1: AERIAL
�2L
Planning Commission 7
Case No. WZ23-LO/Nekouie Rezone
EXHIBIT 2: ZONING MAP
Planning Commission
Case o,6. WZ2310/1gekovie Rezone
EXHIBIT 3: APPLICANT LETTER
October11,2023
Stephanie Stevens I Senior Planner
City n Wheat Ridge Community Development 1303-235-2846
7500 West 29T Avenue
Wheat Ridge, CO W033
Owner. Elham Nekouie
Applicant Summit Design and Engineering on behalf of the Owner
Ms. Stevens:
Re: A written request and descrlpgon for a zone change for 10390 West 380 Avenue
The project site is located an the south side of W. 38th Avenue between Miller Street and Lee Street W. 38M Avenue is one of Me
main east west arterials and commercial corridors in Wheat Ridge. The property is currently zoned CommercialOne(C-I(, as are
adjacent properties to the east and west. Adjacent properties to the north are zoned Planned Residential Development (PRE) and
Residerrt'ral-Two (R-2) to the south All neighboring properties are primadly low -density residential uses with some higher density
residential existing to the east.
According to the AI -TA survey, the property contains two parcels, one of which Is a tract, and tools 28,994 square feet (0.666 acres) in
size. It currently contains a commercial Wilding bulk In 1960 that is being leased to a laser cutting business. The property consists of
Block A in the Orlon Heights Subdivision Plat. The existing site is almost entirely paved and is surrounded by a chain link fence. Lena
Gulch tuns along the northern edge of the property in a solved, and there Is a dminage easement that is approximately 20 feet wide
that parallels W. 38M Avenue and runs between the dght�f-way line and Me building.
The applicant is proposing M rezone has property from Commenuff-One (0-1) to Mixed-Uas-Neighborhood (MU-N) in order to increase
the remained uses and enable future redevelopment. The intent is to provide approximafely 10 multi -story walk-up townhome style
residential building(s) with onsite parking, pedestrian walkways and landscaping. The goal of this development is to expand the
housing opportunities for residen5ln an already established and mature community where resources and Infrastructure are currently In
place to facilitate orderly and effluent growth while enhancing the charecter of Wheat Ridge's commercial condors.
We request a zone change for 10390 West 38w Ave. from C-1 to fili has" on the Miming cdteda:
1) The Mange of zone will promote the health, safely and general welfare of the community and will not result in a significant
adverse eRect on the surrounding area.
We feel a residential mutll-family use of the property Is more aligned with the character of Me neighborhood than the previous
filling station or "lows commerc al uses of the Past on this site. The proposed rezaning will help to achieve a balanced land
use "Hem in the area by providing a new attractive residential opportunity Met fits the scale of the growing condor while
connecting to the adjacent existing communities. The change to a MU-N zoning allows this property to ad as a part of the
comprehensive planning and design goals of Me City of Wheatridge by providing a balanced and efficient network of
residential developments. It aims to enhance community Marader and gateways by providing a safe, healthy, and well -
designed streetscape for "reenters and vehicular traffic alike.
Planning Commission
Cote No. WZ2310/Nekouie Rezone
2) Adequate infrastructure / facilities are available to serve the proposed uses allowed by the change of zone and or Me owner
will upgrade and provide such where they do not exist or are under capacity.
The existing site offers adequate infrastructure to facilitate the development of this proposal. Per the ALTA survey, existing
electric, water and gas services currently exist at the site and will be evaluated by licensed engineers to determine what, if any
upgrades are required for service In the proposed development. The positioning of this site at the comer of W. 381h Ave. and
Miller Street also presents opportunities to provide vehicular access to the site that will limit the negative affect to the
surrounding neighborhood.
3) The character of the surrounding area is occurring and is in the public interest to encourage redevelopment of the area and the
proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption
of the City of Wheat Ridge comprehensive plan.
The existing community surrounding the site is primarily residential in nature and it is the intention of this proposal to
compliment this existing character by creating additional moderate priced housing which is sorely needed in the Denver
metropolitan area. This development will create a more attractive and approachable use of this site that will add to the social
and economic fabric of the W. 38h Avenue corridor.
The justification of why zone change is needed addressing these Issues:
• The need for a zone change.
To maximize the usability of the site in congruence with marcet demand for additional residential we believe that a
zone change is necessary.
• Present and future effect on the existing zone districts, development, and physical character of the area.
The purpose of the Mixed Use -Neighborhood (MU-N) zone district is to create a flexible approach to
land uses and to enhance the character of Wheat Ridge's commercial corridors. The redesignation of this property to
a MU-N zone district creates an opportunity for a balanced mix of land uses for the future and we feel that an
appropriately designed and sensitive development will enhance the character of the neighborhood above the existing
condition.
• Access to the area, traffic patterns and impact of the requested zone on these factors.
With the proposal of this development being located on the corner of W. 38th Avenue and Miller Street, we have an
opportunity to utilize the existing street infrastructure to provide access to the site that is not directly off of W. 380
Ave, but off of Miller Street. Vehicular access to the property will be designed in a manner to protect the traffic -
carrying capacity of the adjacent streets, protect the value of the adjacent properties, and minimize disruption to
the pedestrian environment. If required by the City, a trip generation letter or traffic study can be provided.
• Availability of utilities.
All utilities are available for connection to the development and licensed engineers will evaluate to confirm adequate
sizing.
• Present and future effects on public facilities and services, such as fire, police, water, sanitation, roadways, packs and schools.
Additional traffic generation and use of facilities will be minimal with the addition of approximately 10 private
residential units.
• A discussion of the relationship between the proposal and adopted land and / or policies of the city.
We feel this proposal is complimentary to the City of Wheatridge's vision of creating a safe, healthy and effective
commercial corridor that integrates into the existing residential community.
Planning Commission 10
Case ob. WZ2310/Nekowe Rezone
EXHIBIT 4: NEIGHBORHOOD MEETING
NEIGHBORHOOD MEETING NOTES
Meeting Date: August 30, 2023
Attending Staff: Stephanie Stevens, Senior Planner
Alayna Olivas-Loera, Planner II
Location of Meeting: Virtual
Property Address: 10390 W. 38"' Ave.
Property Owner(s): Elham Nekouie
Property Owner(s) Yes
Present?
Applicant: Laura Drabison, Patrick Berrend
Applicant Present? Yes
Existing Zoning: Commercial -One (C-1)
Existing Comp. Plan: Neighborhoods
Existing Site Conditions: The site is located on the south side of W. 38th Avenue between Miller
Street and Lee Street The property is zoned Commercial -One (C-1), as are adjacent properties to the
east and west. Adjacent properties to the north are zoned Planned Residential Development (PRD) and
Residential -Two (R-2) to the south. All neighboring properties are primarily low -density residential
uses with some higher density residential existing to the east.
According to the Jefferson County Assessor, the property is approximately 26,174 square feet (.601 ac)
in size and currently contains a commercial building built in 1960. The property consists of Block A in
the Orton Heights Subdivision Plat
Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property from C-1
to MU-N in order to increase the permitted uses and enable a future redevelopment. The applicant is
currently contemplating approximately ten townhome units should the zone change be approved.
The following is a summary of the neighborhood meeting:
In addition to the applicant and staff, 11 members of the public attended the neighborhood meeting.
The participant list is attached from Zoom, which serves as the virtual sign -in sheet.
Planning Commission 11
Case No. WZ-23-10 /Nekouie Rezone
• Six members of the public spoke at the meeting.
• Staff discussed the site, its zoning and future land use.
• The applicant and members of the public were informed of the process for the Zone Change.
• The members of the public were informed of their opportunity to make comments during the
process and at the public hearing, if required.
The following issues were discussed regarding the Zone Change request and proposed
development:
• Jan Rose
o Concerns about soil remediation from gas station.
Geotechnical analysis completed. Preliminary borings show no chemicals found. Next
step is Ph 1 and Ph 2 environmental at site planning stage. No basements proposed.
o Concerns about making sure there is enough parking.
Functional distances away from Miller and 3e precludes access from 3e Avenue.
o Concerns about maintaining mature trees.
Will do a tree survey to determine viability and will make best efforts to save mature
trees.
o General support for potential residential.
o Encouragement for applicant to participate in West 38 improvement project
o Group home and disabled nearby. Encouraged to account for existing neighbors and their
unique needs.
• Scot Hooper
o Want something that will fit in with neighborhood.
o General support for proposed rezone.
• Daria
o General support for proposed rezone.
• Jennifer Yates
o Questions about current tenant on site.
There is a finite lease with the tenant and property owner.
o General support for proposed rezone.
o What commercial uses would be permitted?
Referred to MU code, MU is more of a form based code and is more limited on intensity
for commercial uses.
o How many units would be permitted on the site?
21 dwelling units acre permitted, does not account for right-of-way dedication, looking
at 13 allowed on the site max but will most likely be less.
o General support for potential residential.
Galaxy A50 — Kimery Marchese
o Overall support for proposed rezone.
o What commercial uses would be permitted?
Referred to MU code, MU is more of a form based code and is more limited on intensity
for commercial uses.
o General support for potential residential.
Fran Langdon
o General traffic concerns with steep slope of street and congestion.
Traffic would be reviewed through site plan process.
o Concerns about parking.
Planning Commission 12
Case No. WZ-23-10 /Nekome Rezone
Interface to the street is important. Forces parking to the rear. To provide min. 1 space
per unit plus street parking on Miller, if possible.
Participant List:
Jennifer Yates
Daria
Galaxy A50 - Kimery Marchese
Jan Rose
Deborah Rankin
dmweingardt
Randy and Renee
Fran Langdon
James Mulvihill
Scot Hooper
Patrick Berrend
Laura Drabison
Elham Nekouie
Planning Commission 13
Case No. WZ-23-10 /Nekome Rezone
EXHIBIT 5: COMPREHENSIVE PLAN
The following in an excerpt hom the Structure Map within the Comprehensive Plea
Subject
Property
Neighborhoods
x� m ... r"
Q
Flam „g Con mmow
CaEe No. WZ23 1o/Nalnuia R zowe
EXHIBIT 6: SITE PHOTOS
Planning Commission 15
Case No. WZ-23-10 /Nekouie Rezone
Planning Commission 16
Case No. WZ-23-10 /Nekowe Rezone