CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT …

Planning Commission 1

Case No. WZ-20-04 / 11700 W. 46th Avenue

CITY OF WHEAT RIDGE

PLANNING DIVISION STAFF REPORT

REVIEW DATES: July 16, 2020 (Planning Commission) / July 27, 2020 (City Council)

CASE MANAGER: Zareen Tasneem, Planner I

CASE NO. & NAME: WZ-20-04 / 11700 W. 46th Avenue

ACTION REQUESTED: Approval of a zone change from Agricultural-One (A-1) to Residential-Two

(R-2)

LOCATION OF REQUEST: 11700 W. 46th Avenue

APPLICANT / OWNER: Mary Ann Fake / The Mary Ann Fake Trust

APPROXIMATE AREA: 14,025 square feet (0.32 acres)

PRESENT ZONING: Agricultural-One (A-1)

COMPREHENSIVE PLAN: Neighborhoods

ENTER INTO RECORD:

(X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN

(X) ZONING ORDINANCE (X) DIGITAL PRESENTATION

Location Map

Site



JURISDICTION:

All notification and posting requirements have been met; therefore, there is jurisdiction to hear this

case.

I. REQUEST

The owner of the property at 11700 W. 46th Avenue is requesting approval of a zone change from

Agricultural-One (A-1) to Residential-Two (R-2). The zone change will result in a zoning that matches

surrounding zoning designations. It will also address the site’s existing nonconforming conditions such

that the existing duplex will go from a legal nonconforming use to a legal and conforming use that

complies with the zoning.

II. EXISTING CONDITIONS

The property is located at the southwest corner of W. 46th Avenue and Swadley Street (Exhibit 1,

Aerial). It is one block north of W. 44th Avenue, a major east-west arterial road through the City of

Wheat Ridge and just east of Tabor Street. Immediately to the south of the property is land that is

entitled for the Clear Creek Terrace townhome development project which is zoned Planned

Residential Development (PRD). To the north, east, and immediate west are low-density residential

properties which are zoned Residential-Two (R-2) and Residential-Three (R-3) (Exhibit 2, Zoning

Map).

The property is currently zoned Agricultural-One (A-1), and is one of the only A-1 properties in the

immediate vicinity. According to the Jefferson County Assessor, the lot area measures 14,025 square

feet (0.32 acres) in size and contains a duplex built in 1968.

The A-1 zone district was established to provide high quality, safe, quiet and stable residential estate

living environment within a quasi-rural or agricultural setting. In addition to large lot, single-family

residential and related uses, agricultural uses and activities will exist and be encouraged to continue.

The site is considered legally nonconforming based on the lot size, lot coverage, setbacks, and the

presence of a duplex. Duplexes are not permitted in the A-1 zone district, but it is considered legally

nonconforming because it was built before the City’s incorporation in 1969.

Per Sec. 26-120.C, nonconforming lots, uses, and structures that are considered legally nonconforming

are allowed to continue to exist, as long as certain provisions are met. Any one- or two-family dwelling

structure or customary accessory structures may be enlarged, altered or added to provided that all lot

coverage requirements of the zoning district in which the structure is located are met. Because the

existing structure already exceeds the lot coverage requirements for the zone district (currently at

approximately 26% lot coverage), no other structure may be built on the lot, i.e. no addition or

accessory structure can currently be built.

III. PROPOSED ZONING

While the land use and lot size are compatible with the surrounding neighborhood, they are not

compatible with the underlying A-1 zoning. The applicant has proposed to rezone the property from A-

1 to R-2 to remedy this issue. The zone change will bring the lot and existing duplex into compliance

with the zoning code, and it will allow for a future addition of an attached garage and sunroom (Exhibit



3, Applicant Letter). The R-2 zone district was established district to provide high quality, safe, quiet

and stable low to moderate-density residential neighborhoods, and permits duplexes.

The following table compares the existing conditions to the current and proposed zoning. The

development standards of the two zone districts are the same in terms of architectural requirements

(neither have architectural standards) and building height. For all other standards the R-2 district is far

more compatible with the existing conditions on the subject property.

EXISTING

CONDITIONS

CURRENT ZONING

Agricultural-One (A-1) PROPOSED ZONING

Residential-Two (R-2)

Uses Duplex Allows for single family homes. Allows for single family homes

and duplexes.

Lot Area 14,025 sf 1 acre min 12,500 min sf for duplex

Lot Width 165’ 140’ min 100’ min for duplex

Building Height One-story (approx.

11’ at mid-roof) 35’ max 35’ max

Lot coverage Approx. 26% 25% max 40% max

Setbacks

Front setback

Rear setback

Side setbacks

29’

18.43’

4’ (west), 55’ (east)

30’

15’

15’

25’

10’

5’ per story for duplex

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.

The R-2 zone district would bring the duplex into compliance with its assigned zone district and

would allow the zoning to match that of the surrounding properties in the neighborhood. The

zoning would allow for accessory structures and additions that are customary of low to medium

density neighborhoods and not otherwise permitted by the existing A-1 zoning because of lot

coverage limitations. No additional units could be added. The zone change will not have an adverse

effect on the surrounding area.

Staff concludes that this criterion has been met.

2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the

change of zone, or the applicant will upgrade and provide such where they do not exist or are

under capacity.

Adequate infrastructure currently serves the property. All responding agencies have indicated they

can serve the property. In the event that the current utility capacity is not adequate for a future use,

the property owner/developer would be responsible for utility upgrades. A building permit review

will be required for any future addition, and will ensure compliance with current Building Codes,

as well as the Fire Code.




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.

Envision Wheat Ridge, the City’s comprehensive plan, identifies this area as a Neighborhood

(Exhibit 4, Comprehensive Plan Map). This designation identifies areas where people own

homes and thrive and 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 home ownership, consistent

maintenance, and high desirability.

City goals that are met with the rezoning proposal include encouraging reinvestment in a

property (the applicant plans to build an addition if the zoning is approved), maintaining

consistent character (the property will remain a duplex, consistent in character to other

duplexes that surround it), and consistent maintenance (the applicant is also remodeling the

existing duplex). Please see site photos (Exhibit 5) for existing conditions of the property.


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 A-1 zoning designation as it

appears on the City zoning maps. Staff has reviewed the original zoning map of the City to

understand the nonconformities. In 1972, the subject property and all surrounding properties on

the south side of W. 46th Avenue were zoned A-1 (Exhibit 6, 1972 Zoning Map). It appears

that over time, the properties on the south side of W. 46th Avenue was incrementally subdivided

and rezoned, leaving the subject property as a substandard remnant of A-1 zoning.

Staff concludes that this criterion is not applicable.

c. A change of character in the area has occurred or is occurring to such a degree that it is

in the public interest to encourage redevelopment of the area or to recognize the changing

character of the area.

The proposed rezoning does not relate to a changing of character in the area. The property has

existed as a duplex since 1968 and will continue to exist as a duplex in the future.


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 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 April 29, 2020. Due to the COVID-19 pandemic this

meeting was advertised and conducted as a virtual meeting on Zoom. One member of the public

attended the virtual meeting in addition to the applicant and staff, and the attendee had no issue with

the zone change proposal (Exhibit 7, Neighborhood Meeting Notes).

This case was originally scheduled for a Planning Commission meeting on June 18, 2020. However, it

came to our attention that the online legal notice for the June 18th Planning Commission meeting was

inadvertently deleted for a period of four days. After review of the Code of Laws and consultation with

the City Attorney, it was determined that this deficiency in notice required that the hearing be

cancelled and rescheduled.

As of the date of distribution of this staff report, July 1, 2020, 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.

Arvada Fire Protection District: No comments.

Xcel Energy: No objections.

Century Link: No concerns.

Comcast Cable: No comments.

Valley Water District: No concerns.

Fruitdale Sanitation District: No objections.

VII. STAFF CONCLUSIONS AND RECOMMENDATION

Staff concludes that the proposed zone change promotes the health, safety and general welfare of the

community and will not result in a significant adverse effect on the surrounding area. Staff further



concludes that utility infrastructure adequately serves the property, and the applicant will be

responsible for upgrades, if needed in the future. Finally, staff concludes that the zone change is

consistent with the goals and objectives of the Comprehensive Plan.

Because the zone change evaluation criteria support the zone change request, staff recommends

approval of Case No. WZ-20-04.

VIII. SUGGESTED MOTIONS

Option A:

“I move to recommend APPROVAL of Case No. WZ-20-04, a request for approval of a zone change

from Agricultural-One (A-1) to Residential-Two (R-2) for property located at 11700 W. 46th 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.

6. The R-2 zoning will bring the existing duplex into compliance with the zone district in which it

is located.”

Option B:

“I move to recommend DENIAL of Case No. WZ-20-04, a request for approval of a zone change from

Agricultural-One (A-1) to Residential-Two (R-2) for property located at 11700 W. 46th Avenue, for

the following reasons:

1.

2. …”



EXHIBIT 1: AERIAL



EXHIBIT 2: ZONING MAP



EXHIBIT 3: APPLICANT LETTER



The following in an excerpt from the Structure Map within the Comprehensive Plan.

EXHIBIT 4: COMPREHENSIVE PLAN

Subject Property

W. 44th Ave

Ta

bor

Str

eet



EXHIBIT 5: SITE PHOTOS

View of the subject property looking south shows the existing duplex.

View of the property looking south at the eastern side yard where the applicant would like to build an

addition, if approved for the zone change. Please note the duplex is currently being remodeled under an

active building permit, thus materials are being stored in this area temporarily.



This image is an excerpt from the City’s 1972 zoning map. The location of the subject property is shown

outlined in red. At the time, the subject property was part of a larger A-1 zoned parcel. The neighborhood to the

north was R-2—then and now. Over time, the properties south of W. 46th Avenue have been subdivided and

rezoned leaving the subject property as a nonconforming remnant of A-1 zoning. While the land use and lot size

are compatible with the surrounding neighborhood, it is not compatible with the underlying A-1 zoning.

EXHIBIT 6: 1972 ZONING MAP

Site



NEIGHBORHOOD MEETING NOTES

Meeting Date: April 29, 2020

Attending Staff: Scott Cutler, Planner II

Zareen Tasneem, Planner I

Location of Meeting: Virtual Zoom meeting

Property Address: 11700 W. 46th Avenue

Property Owner(s): Mary Ann Fake

Property Owner(s) Present? Yes

Applicant: Mary Ann Fake

Applicant Present? Yes

Existing Zoning: Agricultural-One (A-1)

Existing Comp. Plan: Neighborhoods

Existing Site Conditions:

The property is located at the southwest corner of W. 46th Avenue and Swadley Street. It is one block

north of W. 44th Avenue, a major east-west arterial road through the City of Wheat Ridge. Immediately

to the south of the property is land that is the future site of the Clear Creek Terrace townhome

development project. To the north, east, and immediate west are primarily less dense residential uses,

while further to the west and south are more heavy commercial uses. I-70 is located to the northwest.

The property is currently zoned Agricultural-One (A-1). According to the Jefferson County Assessor,

the lot area measures 14,025 square feet (0.32 acres) in size and contains a duplex built in 1968.

Although duplexes are not permitted in the A-1 zone district, it is considered legally nonconforming

because it was built before the City’s incorporation in 1969. The site is surrounded by Residential-Two

(R-2) zoning to the north, west, and southwest, which primarily contain duplexes. Properties in the

area zoned Planned Commercial Development (PRD), Mixed Use Neighborhood (MU-N), Mixed Use

Commercial Interstate (MU-C INT), and Commercial-One (C-1) contain commercial uses, while

properties zoned Residential-Three and Planned Residential Development (PRD) contain multifamily

uses (three or more units).

The previous property owner initiated the rezoning process in late 2017 in order to build a detached

garage by attending a pre-application meeting and holding a neighborhood meeting, but never

submitted a formal land use application.

EXHIBIT 7: NEIGHBORHOOD MEETING



Applicant/Owner Preliminary Proposal:

The applicant submitted a building permit to remodel the existing duplex and add an addition for an

attached garage. Because the existing structure already exceeds the maximum building coverage in the

A-1 zone district of 25%, the applicant would like to rezone the property from A-1 to Residential-Two

(R-2) to bring the property into zoning conformance and to build an addition if approved for the

rezone.

The following is a summary of the neighborhood meeting:

• In addition to the applicant and staff, 1 member of the public attended the neighborhood meeting.

This was the owner of the property immediately to the west of the subject property.

• Staff discussed the site, its zoning, and future land use.

• The applicant and members of the public were informed of the process for the rezone.

• The members of the public were informed of their opportunity to make comments during the

process and at the public hearings.

• After the applicant made a brief presentation on wanting to expand the building footprint to

eventually add a two-car garage and sunroom, the attendee expressed no issue with the proposal.

The following issues were discussed regarding the zone change:

• Will the garage be detached or attached? How big will it be? Will the fence dividing our properties

be going back up?

It will be a standard sized attached two-car garage. Yes, the fence is back up now.

Prior to the neighborhood meeting, staff did not receive any comments regarding the proposed zone

change.

CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT …

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