Pending Decision

Item No. 2 - Zone Change at 9800 W. 38th Avenue (Hardi ODP)

Case: WZ-19-07
The applicant is requesting approval of a zone change from Residential-One (R-1) to Planned Residential Development (PRD) with approval of an Outline Development Plan (ODP) to permit four (4) single-family homes and three (3) duplexes for a total of ten (10) dwelling units, plus an open space tract. Approval of the ODP is the first step in the development process, and if approved, a Specific Development Plan (SDP) and subdivision plat would need approval to facilitate the proposed development.
This is a recording of the June 22, 2020 City Council Meeting.


Applicant Presentation

Staff Presentation


Staff Report and Proposed Development Plan ( 4.51 MB )
Planning Commission Meeting Minutes ( 0.31 MB )
Planned Developments

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.

Comments & Feedback

This case is closed, online commenting is no longer available.
Online comments closed at 12:30 PM MDT 6/22/20.
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June 22, 2020, 12:00 PM
Ihor V Figlus
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June 22, 2020, 11:59 AM
Ihor V Figlus
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June 22, 2020, 11:59 AM
Ihor V Figlus
This Public Hearing cannot take place because it was not properly posted. It was not properly posted in two ways. 1. The signs were not posted to the property until mid-morning on June 8 (please see attached photos). The WR City Charter states that such postings must be on the property for a minimum of 15 days (Sec 5.10). According to WR City Ordinance 26-109.F on how to count days with the first and last day being included in the count (which, by the way, does NOT conform with both generally accepted legal procedure and the State of Colorado Civil Procedure - both of which specify that the first day is not to be counted), the posting appears to conform with the requirements. However, 26-109.F fails to redefine "Day" which is specifically defined in Sec 1-2 of the City Ordinances as being "the period of time between 12:00 midnight and the 12:00 midnight following". Therefore, the example used in 26-109.F is faulty and, because neither June 8 nor June 15 are "days" by definition. Accordingly, the notice has not been posted for the required number of days and the Public Hearing on the rezoning cannot be held on June 22nd. 2. The City Charter states that the posted notices "shall contain the statement that specific plans for the proposed changes are available for inspection at the Wheat Ridge City Hall." As can be seen from the attached picture of the actual sign, it does not contain the required statement. Therefore the posting is not legal and the Public Hearing on the rezoning cannot be held on June 22nd. *Please note that this posting method does not allow for attachment of more that one photo and I will try to do so by making additional posts and by sending this comment to the City Clerk for adding to the Public Record for this meeting.
June 22, 2020, 11:54 AM
Ihor V Figlus
Please keep in mind that the vast majority of Wheat Ridge residents do NOT want residential zones changed to accommodate density. Actually, I wouldn't want to see this development go in anywhere. It has too many problems.
June 22, 2020, 11:42 AM
Judy Capra
I have commented on this before and feel strongly that this would be a very welcome addition to this area. Just don't understand why it is taking so long to happen. Barb Carmosino
June 22, 2020, 11:24 AM
Barbara carmosino
We're writing to express our support for the Hardi ODP and zone change at 9800 W. 38th Avenue. We live just a few blocks from this proposed development, on 34th Place west of Kipling. We have reviewed the development plan and believe that it addresses the most important issues for new development in the neighborhood, i.e., low density, adequate parking, and aesthetic appeal. We like the fact that the homes will have a variety of architectural styles. Besides, there is almost no community benefit in having vacant land at that location. Ardelan and Kim Hardi have been our neighbors on west 34th Place in Wheat Ridge for many years. They have made many improvements to their property and have been conscientious and diligent about maintaining it. We're confident they will bring the same effort to their development at 9800 W. 38th Avenue. Ben Garcia and Cheryl Blum Garcia
June 22, 2020, 9:23 AM
Ben Garcia
Please read my comment from 4/13/20. I would like council to address the question of why this development could not be done with an R-2 or R-2A zoning. Why does this absolutely have to be zoned PRD? In the past, the PRD zoning here was touted as a transition zone. A transition between R-1 and R-2? I realize that R-2 is not allowed for more than an acre - but the property is going to be subdivided anyway, so subdivide it and zone it R-2. Or tell us, please, why it is simply impossible. And assure us all that this is a unique situation and being rezoned as a one-time variance just to get this corner developed. Promise us that the city planners do not have designs for extending such zoning through the surrounding neighborhood and the developers are not salivating at the prospect of established precedent for rezoning R-1 to PRD.
June 21, 2020, 9:23 PM
Margaret Nelson
As a WheatRidge resident living 4 blocks from this space. I think this plan fits WheatRidge perfectly. It’s not overloading the space and is far better than commercial buildings. It will be upgrading the space . I’m tired of the vacant lot and weeds. Let this plan move forward. I’m excited to have nice quality classy living in this space.
June 21, 2020, 12:30 PM
Amber O’Hara
I have been a resident of Wheat Ridge about 15 years. I live south of 38th between Youngfield and Kipling. I have watched the process on this piece of property since before the Hardi's purchase. I feel they have done an excellent job on studying what the city needs. Middle Range Homes and Affordable Housing. There are so many positives to this kind of housing at this location. I am in my mid 70's and will one day be looking to downsize. This type oh housing would be perfect for what I'd be looking for. Some of the positives include; closeness to Wheat Ridge Recreation Center, restaurants nearby, service stations, auto repair, grocery store and even a Star Bucks Coffee Shop all within walking distance. Also when the grandkids come to visit, there's a wonderful playground right out your door. Then there's public transportation; #38 RTD, I have taken this bus numerous times to downtown Denver for work, entertainment and dining, plus its a direct line to the Colorado Rockies Baseball Stadium. Don't have to look for a parking spot, wait in lines, or paying of parking fees, and it runs about every half hour. Then on Kipling there is the #100 RTD, running north and south. I have taken it to the Colfax and Oak St. Station, transferred to the light rail and taken that to concerts and football events at the Bronco Stadium. Many of my friends, my age, think it would be what they are looking for also. They have commented that when they decide to down size they don't want to move into a ranch style house that was built in the 1960's or 1970's that needs to restored. They want something new that is close to Metro Denver, not to expensive and not too large. I think Metro Denver needs a lot more housing of this type. I also believe it would be a good starter house for young adults. I feel the Hardi's have done a very good job at looking to the future and seeing what the needs of the community will be. Wes Johnson
June 20, 2020, 4:04 PM
Wes Johnson
I live very close to this intersection. Resident of Wheat Ridge. Zoning to develop this property as requested is a great fit for this corner. I like that it will represent residential type property.
June 19, 2020, 6:55 PM
Diane Hindman
I am a resident of Wheat Ridge, and I live along the 38th AvenueCorridor. I have reviewed the Staff Presentation provided. This plan is well thought out and is consistent with typical Wheat Ridge housing development. Matching the adjacent Eastern Property configuration of single and multifamily housing is in my opinion smart. I like the fact that more affordable duplex type buildings are an option, along with typical single family homes. Continuing to provide single and multi-family alternatives is a smart growth plan for the city. I support the development as proposed, and appreciate the thoughtful design of the SDP.
June 19, 2020, 3:37 PM
Jean-Paul Aymon
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