Item No. 2 - Zone Change at 9800 W. 38th Avenue (Hardi ODP)
Per Section 26-303 of the City Code, the planning commission and city council shall base their decision in consideration of the extent to which the applicant demonstrates the following criteria have been met. An analysis of these criteria are provided in the staff report linked above.
1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and
2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions; and
3. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity; and
4. 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 city-approved policies or plans for the area.
b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error.
c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area.
d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan.
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