Approved - 7 to 1.

Item No. 1 - 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 July 13, 2020 City Council meeting. 


Applicant Presentation

Staff Presentation


Council Action Form ( 0.11 MB )
Staff Report and Proposed Development Plan ( 4.51 MB )
Planning Commission Meeting Minutes ( 0.31 MB )
Online Public Comments - received through July 2, 2020 ( 0.06 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 7/13/20.
2 out of 3 voters voted against increased residential density in the last election. And here we are again trying to change the zoning to accommodate a land developer for higher profits not better quality of homes in this residential area. I live directly across the street from this site on 38th. My home as well as several other residence on 38th have no access to on street parking, So if we have more then one visitor they have to park on Johnson Street or in the Discovery Park parking lot. To build units that have none to no additional parking is irresponsible plus creating unsafe situation for the children riding their bikes to the park. You have a choice and the ability to eliminate one or two units to create parking making it safer for the surrounding residents. We have several new counsel members and I'll repeat myself 2 out of 3 voters voted against increased residential density in the last election. Wheat Ridge will have its opportunity to create new housing developments once Lutheran's new hospital has been built and the old campus has been redeveloped. I do not support the rezoning of this property.
July 13, 2020, 12:05 PM
Delaine Novak
We support the opposition to this development on Johnson St. This is a residential neighborhood that is comprised of single-family homes. This build would be out of character for this neighborhood and is an unappealing and crowded design. 2E should have served as a wake up all to the City that residents are opposed to these types of developments, but here we are again, with another similar type project being proposed. What is the developer’s problem with not building 3 homes that this land is currently zoned for now? Why this push to maximize profits to the max at the expense of Wheat Ridge citizens? Listen to the citizens and the NRS study that the City spent multi-thousands of dollars on, instead of the interests of outside developers who want to irrevocably change the feel and look of Wheat Ridge. The problems raised by this rezoning will soon be in all other neighborhoods of Wheat Ridge. We don’t want this type of development in our neighborhood either. We urge you to vote NO today.
July 13, 2020, 11:51 AM
Zoriana Morozewych
I write regarding the Hardi ODP plan, which is before City Counsel for an approval vote this evening Once again there is a development plan for high density housing to be built on a vacant lot that under our City’s zoning code cannot support the development’s increased density. And once again we have a developer telling us that, without granting his rezoning request, he will be unable to afford to develop this property. The property is almost at the bottom of the hill running from Wadsworth Blvd. to Kipling Street, and drains into Lena Gulch on its south side. No drainage plan has been submitted, although we are told that that will follow during the next step in rezoning. Since our Clear Creek drainage system is tantamount in importance to development within the City, I feel it is important that Council have engineering reports (as opposed to a statement that “it will be fine” from an unnamed engineer. I did see, on the application for ODP, that the developer plans to build some sort of drainage retention pond underneath a parking area. More drainage information is definitely needed. The Planning Staff report outlines what are referred to as changes in the immediate area of the ODP, including the Sprout’s Market and Starbuck’s at the corner of 38th Avenue and Kipling. While both of these businesses are new, this area has housed grocery stores (Safeway) and restaurants (Clancy’s), as well as dry cleaners and other small, neighborhood services for many years. A shopping center located on this corner was torn down and rehabilitated several years ago. The result is a newer, better looking shopping area—not a new commercial area. Home owners in the area surrounding the planned ODP do not want high density housing in this area. I’ve also heard and read some of their concerns about this particular property continuing to be vacant, because over the years it has become full of weeds and not properly cared for. Building a high density project, out of a character for the surrounding neighborhood, is not a solution to the lot’s rundown condition. Citizens and our City should not have to choose between the “lesser of two evils” in order to care for vacant land. Again, let’s see the entire plan, with accompanying reports from engineers, traffic experts, and West Metro Fire before we allow this development to take place. Generally, reports from the fire district, water district, traffic engineers, and drainage experts are one or two sentences spelling out that the various municipal districts can serve the new development. I think it’s time that we ask for more depth in these reports, and the signature of whomever is signing off on the report. Thank you, Kathy Havens
July 13, 2020, 11:33 AM
Kathy Havens
Per Section 26-303 of the City Code: 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; No, this rezoning and the outline development do not necessarily promote the health of the community. How can health be affected by the zoning? What is being said with this statement? I believe the safety is not well thought out as the buildings will be so close to 38th that snow removal and lack of ice melt will affect the sidewalks and 38th Ave roadway. General welfare of the community is not promoted in a good way due to the 3 story height that blocks view and looks out of place with no other 3 story building and also the applicant plan shows oddly placed configuration of the 3 story end condos. Not appealing sight when traveling east bound on 38th. Once a zoning is changed the developer can do what they want with the project. The city has seen this happen many times. Show the final plan so Council can vote on what is actual not conceptual. 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: This is correct. The proposed development is not feasible under the current zoning, but current zoning does allow for development of 3 single family houses and during the virus for who knows how long, do families really want to be close to others that help in the spread of viruses? Several articles are stating the buyers do not want condos now they want open space in their backyard, their living areas and not be close to the public that they do not trust to be as healthy as desired.. Density in Wheat Ridge is not wanted in neighborhoods. Yes there is density in other parts of the City as those places serve a different purpose with housing on those particular sites. This development is not necessary as outlined and is not wanted by the neighborhood as evidenced by the legal protest filed. The citizens have expressed the desire for lack of density by a high percentage in the NRS as well as by city vote. I do not oppose development at this site, but do oppose the proposed density.
July 13, 2020, 11:28 AM
I am against changing the zoning at 9800 W. 38th Avenue. Thanks to the wise decisions of my parents, I have lived in Wheat Ridge for 69 years. Unfortunately, the appeal of our City is being lost. People are purchasing lots while fully aware of the zoning. Later they appeal to our City "development staff" to plan a way to rezone the property -- changing the rules to profitably develop the land. Of course, we like new things and fancy-colored, architectural sketches look appealing. What you don't see is reality. Get out those tape measures -- 5 feet between units is LESS THAN SOCIAL DISTANCING!!! Map off an area of their proposed street width. Plot out the "green area". Where will visitors park -- in 3 spaces?? on Johnson?? Will they tie up spaces at the "tax-supported" City park? Will residents have a lottery to see who can have visitors at any given time? Who will sand the 38th Ave. hill that will be shaded by the duplexes in snow storms? I know 35 foot buildings are allowed in WR -- but not a whole wall of them!!! With today's 3-D printer technology, developers should be required to present a 3-D, scale model of their planned development. If you see the plans in "real space" with adjoining streets and houses, you might reconsider how this development would adversely affect the neighborhood. Interesting thing about Covid, people are realizing families need yards and space -- not a 5 foot easement along a busy thoroughfare. The voters of Wheat Ridge sent a clear message in 2019. They do not want these high density developments!!! Thanks for listening !
July 13, 2020, 11:22 AM
Frances Langdon
I am opposed to the rezoning of this property. This property can be developed within the current zoning rules, without negatively impacting the neighborhood. One of my main concerns is that the traffic flow and parking will have a very negative effect on the already crowded and dangerous intersection near this property.
July 13, 2020, 11:21 AM
Gayle Miller
I’ve lived in Wheat Ridge for over 40 years and new development is definitely needed. I am in favor of this project. John Dezzutti 3870 Tabor Ct.
July 13, 2020, 11:20 AM
John Dezzutti
WOW! So many interesting comments regarding the rezoning of 9800 W. 38th Ave. from R-1 to PRD. There are good arguments on both sides of the fence. However, I side with and argue for keeping this property R-1 or R-2. The owner of this property did indeed purchase this land fully being aware of its current R-1 zoning! Did the seller/realtor company tell the buyer, “Oh, you can easily get this changed to PRD! The City of Wheat Ridge Council members want to rezone many of these vacant lots for PRD/increased residential development. Piece of cake, man!” City Council, remember you work for the people, not the developers!
July 13, 2020, 11:14 AM
Becky Lewthwaite
Sabrina Brunk 3405 Miller st Wheat Ridge, Colo. 80033 I grew up in Wheat Ridge and returned to live here a year ago. I have been to apple ridge cafe and the park with my son and feel this would be a great addition to Wheat Ridge in that area. Hopefully no more apartments!! There are so many now that I feel we need something more residential going in there that would complement our properties. Have known Harde for many years and worked for him 20 years ago in high school. Whatever he would do would only improve the community. Sabrina Brunk
July 13, 2020, 10:32 AM
Sabrina Brunk
I support this project!
July 13, 2020, 10:13 AM
Luke Byrnes
I am very opposed to this high density project. There will not be enough parking, or green belt on this project. The overflow parking will end up in the parking provided for the park. The increased traffic flow will endanger the young people who use the park. THE OWNERS KNEW THE ZONING WHEN THEY BOUGHT THE PROPERTY, THEY CAN LIVE WITH THAT. Patrick Goff and Ken Johnson need to pay attention to the owners in the area not all the developers our perhaps find new employment, they are overpaid anyway.
July 13, 2020, 9:23 AM
robert brazell
Please take note that all of the comments in favor of this project are just that - in favor of the project. That is a separate issue. This hearing is about changing the zoning from R-1 to PRD. Most of the neighbors I've talked to are opposed to the zoning change. This 1+ acre property borders R-1 to the south, R-2 to the east and across 38th to the north, with a strip of parkland across Johnson Street to the west. The developer reasons he could never make a profit if he tried to develop it as an R-1, but he purchased the land with full knowledge of the zoning requirements. If the zoning must be changed, under threat that it will never be developed otherwise, an R-2 zoning would at least be in keeping with the neighborhood standards. Why does it have to be PRD? I've asked repeatedly, and am met with only blank stares or angry, contemptuous glares. Never a single word of explanation, except that R-2 can't be used for properties over an acre (which seems pretty arbitrary, doesn't it?). But the property will be subdivided, so that shouldn't even be an issue. R-2 zoning would be compatible with the surrounding neighborhoods, and would allow for development very much like what is being proposed. A "Planned Residential Development" zoning is surely meant more for large, undeveloped tracts. It is inappropriate and unnecessary in this setting. It has been presented as a "transition" - but that is nonsensical. A small enclave of PRD surrounded by R-1 and R-2 isn't a transition, it's more of a curiosity, as in "What were they thinking?"
July 12, 2020, 10:30 PM
Margaret Nelson
Re: proposed rezoning at Johnson & 38th There are two issues here. One is the proposed rezoning of R-1 lots to PRD (planned residential development). Instead of following the R-1 code, the developer wants to increase density. Why do developers assume that they can change the zoning to do what they want? They should work with existing zoning, which is what neighbors expect. The bottom line, development is okay as long as it fits existing zoning. As for the development itself, it's hard to say exactly what would be built since this is only an outline plan. Even so, it has many problems that I'm not listing here because the property shouldn't be rezoned in the first place. This is misuse of the intent of a PRD.
July 12, 2020, 12:22 PM
Judy Capra
Wheat Ridge City Council, I grew up in Wheat Ridge and still reside here because it is a wonderful place to live. As one of the “younger” residents of Wheat Ridge (late 30’s), I am adamantly opposed to rezoning the property at 9800 W 38th Ave from R-1 to PRD. This is not the best option for this lot. The owner of this property can successfully develop it with the current zoning, while maintaining the integrity of the neighborhood. Rezoning this property to PRD would allow for increased density development and set a precedent for any future R-1 and R-2 lots to be rezoned for higher density development. I implore you to keep in mind that 2 out of 3 voters voted against increased residential density in the last election. It would be tragic for Wheat Ridge to begin down a path that would allow for what is being done in the city of Denver to happen here. Respectfully, Audra Lewthwaite
July 11, 2020, 8:56 PM
Audra Lewthwaite
Angela and Pasquale Mucilli think that this development will be a great improvement for the city of wheat ridge. The project looks to be well planned and will be a nice addition as well as generate tax revenue for the city.
July 10, 2020, 12:31 PM
Pasquale Mucilli
Good Evening Wheat Ridge City Council and planing officials. My family and I are long time residents of the City of Wheat Ridge and love the neighborhoods and warm feeling we get living here. It is very important for us to live in a community like this as well as preserve the feeling and look of our area. Beautiful homes as well as well planned developments and community living are one of the most important aspect to our Wheat Ridge family. We have reviewed the plans as well as viewed your informative video and feel this would be a great asset and attractive addition to the area as well as our neighborhood. Single family residents, as well as attractive duplexes, allow for a wide range of family's who are looking for that special and hard to find community feeling. I know every time we mention that we live in Wheat Ridge and especially "Applewood" people comment what a great place we live in and wish they lived there. This type of development will help bring those people to our community as well as give them an option of single family as well as duplex living. That aspect is very important to us!!! We endorse this project whole heatedly and am excited to see it grow. Please contact us if you need further or have any questions. Respectfully
July 9, 2020, 9:37 PM
John and Susan Perry Vincenzo and Dominique Perri
After review of the plans and the other comments, I highly agree that the sole purpose of this land is proposed with great thought. The purpose of rezoning is the best possible solution for this empty lot. With the park just South, this family living construction, will be a great improvement to the area.
July 8, 2020, 5:33 PM
Deborah Pepping
I oppose the rezoning of this property (9800 W 38th Ave).
July 8, 2020, 10:34 AM
Daniel Bryce
Hello Wheat Ridge City Council members. My husband and I would like to show our support for the project plan on 9800 w 38th ave. We know there has been an enormous growth spurt to the state and our once little enclave has not been untouched. The changes and development to Wheat Ridge has impacted many neighborhoods and not always in the most desirable ways. This particular area has been a blight to our city for almost 30 years. In the 80’s my husband’s father owned a used car lot on the northeast corner of 38th and Kipling. Even then this was a vacant lot, an occasional horse grazed there but overall it was unused space. The plan presented by the Hardi family is meant to both utilize as well as beautify an area. I’m sure your desks have seen many proposals through the years that don’t always take into consideration the future of the changes being made. This plan is meant to provide homes for residents of the future. This area has a terrific view of the mountains that can be destroyed by the wrong structures. Hardi’s plan is taking this into account and blending the building into the existing neighborhood while still allowing the neighbors on the East a view they currently have. His plan isn’t just an investment in a property it’s a personal investment in his family’s future as Wheat ridge citizens. Hardi and his wife chose to move their successful Resturant business from Wisconsin to Wheat Ridge over 20 years ago. They raised their family only blocks away from this very site and if built they would like to move into one of the units. The plan will allow families to become apart of an area that is close to schools, Resturant’s, food markets and gas stations, as well as parks and a recreation center, all without ever getting into a car. This is a sensible use of a space that currently is just catching litter. We feel change can be great for everyone when plans are well thought out and executed. Respectfully submitted.
July 7, 2020, 4:57 PM
Debbie Zinke
My name is Paul Casey and I have owned the building and operate my business at 4890 Kipling Street in Wheat Ridge since 2005. I am a registered professional engineer in Colorado (No. 26224) and have significant experience is both small and large residential and commercial development. This project makes perfect sense to me given the following: 1- Jefferson County and Wheat Ridge are landlocked and most of the development occurring on “in-fill” type parcels are high in density adding to traffic congestion and stress to existing infrastructure. 2- With the recent Covid-19 Pandemic now highlighting the importance of social distancing, single family and duplex development will become more desirable and marketable. Occupancy rates around the higher density developments may decrease as people will likely prefer single family and duplex type residences. 3- The fact that the proposed development is on the northern border of the Park, this choice of product is a much more attractive and visually desirable to park users than higher density apartments or townhomes. 4- The architecture is reasonable with regard to lot size and should be attractive with the variation in exterior finish. 5- Access and egress appear to satisfy fire and safety requirements which is often a challenge when it comes to singular in-fill parcels. Thank you for the chance to provide these comments. Respectfully, Paul Casey, P.E.
July 7, 2020, 11:55 AM
Paul Casey
After looking over the plans, I completely support the construction for this property. We don’t need another bank or Walgreens there!
July 7, 2020, 9:11 AM
Pam Roepcke
Good afternoon City Council, I’m a Colorado Native and drive past W 38th Ave almost every week. After review of the plans, I fully support this project! I think it would be great for the community and a perfect space for the development. Keegan Sheard.
July 6, 2020, 12:59 PM
Keegan Sheard
Good afternoon City Council, our family has been part of the Wheat Ridge community since 1960. We all currently reside in Wheat Ridge, family including aunts, uncles, cousins, brothers, sisters, nieces and nephews and we all enjoy being part of the community. It would be great to see new construction on west 38th Ave instead of the empty lot that has been there for years. It's nice to see that the weeds have been taken care of the past year as it was out of control in the past. And walking distance to best breakfast burrito in town. Apple Ridge Cafe. Jerry Runden Wheat Ridge resident
July 5, 2020, 2:38 PM
Jerry Runden
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Your Question has been submitted.