Approved - 5 to 1.

Major Subdivision at 5725-5785 W. 38th Avenue

Case: WS-21-03
The applicant is requesting approval of a major subdivision in the Mixed Use - Neighborhood (MU-N) zone district that would create 26 townhome lots and 2 tracts. The request will allow the townhomes (which are allowed by the MU-N zoning) to be sold separately and will prepare the site for development.
This meeting will be conducted as a virtual meeting and in person in City Council Chambers (7500 W. 29th Avenue) if allowed to meet in person on that date per COVID-19 restrictions. Provide public comment here on Wheat Ridge Speaks until noon on September 1 (the day before the meeting) by selecting the agenda item on which you want to comment. Refer to the meeting agenda and "how to" document to learn more about participating in the live meeting or to view the meeting live or later. 


Applicant Presentation

Staff Presentation


Staff Report and Proposed Subdivision ( 5.05 MB )
Vicinity Map ( 1.01 MB )
Subdivision Review Standards
Approval of subdivisions are ministerial actions and have no discretionary review criteria. Subdivisions are required to comply with the underlying zoning and with the subdivision regulations in Chapter 26, Article IV. An analysis of the subdivision is provided in the staff report linked above.

Comments & Feedback

This case is closed, online commenting is no longer available.
Online comments closed at 12:00 PM MDT 9/1/21.
I would like to indicate my support for this project. When I was looking for homes in the Denver metro, I wanted a location that was affordable (by Denver standards), but still had access to the amenities that the Denver Metropolitan area had to offer. I settled on Wheat Ridge after reading your comprehensive plan and by seeing your plans, some of which had already been completed, for 38th street. I was encouraged to see a plan that showed Wheat Ridge as a city who considered itself part of the metro region and, rather than fighting the oncoming density and pretending that Wheat Ridge was not adjacent to one of the fastest growing cities in the country and, indeed, an integral part of that metro region, were responsibly trying to focus their development into a particular area. Therefore, I see increased density along 38th, with more pedestrian amenities and, hopefully eventually, more businesses directly on 38th rather than set back from the road, as the best way forward. This development is just one of the many that I will continue to support that will reshape this area into the more walkable, bikable, livable district that will make Wheat Ridge attractive to not only its future and current residents, even if some don’t believe it, but visitors from around the region. That all being said, I would like to echo another comment requesting a crosswalk at Fenton. I live near 35th, so having a means to cross there and utilize that walking path alluded to in the developer’s video (which I was surprised and delighted to hear about) would be great. Also, it would provide safer access to the strip mall across the street for our new neighbors (and easier access to pizza for me…). I’m looking forward to watching 38th street continue to become the Main Street that it was meant to be.
September 1, 2021, 9:59 AM
Cody Hedges
First off, thank you for allowing comments in this format. I live across the street from this proposed development along Eaton Street. I have reached out to both the applicant and City Staff to obtain more information about the project, and staff was very gracious in answering the various questions I had. I understand the difference between a zoning application and a subdivision application, and therefore have no comments on the overall density, height, etc. The existing yellow home on the subject property has surpassed its life cycle and is time for redevelopment. For the overall subdivision plat and site plan, I appreciate the increased open space/ drainage buffer along the north property line as well as placing the larger lots along the north side too, to act as a better buffer to the single family homes in the neighborhood. As for the subdivision itself, I would rather see this site developed with owner-occupied separate lots rather than potential renters under one large lot, so I support that effort. I have seen the positive effects of the townhomes along 38th Avenue at Depew as well as those built in the InCarnation development. Both have not negatively impacted this area and have not brought down property values at all. After the review of the proposal, my comments for both PC and CC, to take under consideration, would be as follows: 1) If I had to choose the item I was most concerned about, it would be increased traffic on Eaton Street. While I am glad that development is showing its primary access off of 38th Avenue, is it possible to make the secondary access off of Eaton St a right-in, right-out only? This would perhaps limit the north bound traffic on Eaton for this development? My other concern deals with construction traffic, dust, and noise. Can the residents get some additional type of protection for construction hours of operation and also can the applicant submit and obtain approval for a dedicated construction site plan that limits/prohibits the construction traffic/parking/heavy equipment from using and parking on Eaton Street? Perhaps a joint parking agreement with the IPie parking lot during the day could work to accomplish this? Finally, can the applicant obtain a rigorous dust and debris control plan to prevent dust and debris from being left all over the area, as the weather can get quite windy in the area? I understand that the Denver Metro area is growing, as is the Wheat Ridge community. Hopefully this developer will make a positive impact on the neighborhood and for Wheat Ridge. Thank you for your consideration of my comments.
August 31, 2021, 8:27 AM
Steve Timms
I respect the concerns expressed by other writers, particularly the potential for sunlight blockage and traffic on Eaton Street, and believe these should be addressed seriously and specifically to mitigate impacts. However, I also live nearby the site and, overall, support the new housing development. One reason we chose to relocate to Wheat Ridge six years ago was City signage on 38th Avenue and citizen meetings promoting its reinvigoration into more of a “Main Street” corridor for families and pedestrians, shoppers and businesses. In other words, the main drag could use a little love. I believe new housing and new blood can refresh a community and the health of local businesses, and that this can be done in a way that does not uproot the appeal of the older community. I do not find Wheat Ridge to be overrun by new development. But I do accept the reality that many younger people may be attracted to more contemporary notions of “housing and home” than was my generation. If this development is approved, I would like to suggest a painted crosswalk at Fenton Street to make it a little less nerve-wracking for pedestrians crossing 38th walking to the four nearby restaurants and Panorama and Randall Parks. Thank you.
August 29, 2021, 8:37 AM
Thad Keyes
I am against the proposed project.
August 27, 2021, 9:43 PM
Kellie Clingan
I am against the proposed project
August 27, 2021, 2:28 AM
Katharyn Grant
I have lived in WR most of my life. I encouraged and paved the way for Bardo on 38th. Do you like Bardo? You’re welcome. It’s a quality business unlike all the lazy business development on 38th and Wads— corporate generic cookie cutter businesses with zero imagination for the most part (Ie not local except perigee factory). I believe in WR and love it but it’s losing its specialness star an alarming pace. I encourage everyone to study the work of Diana Crawford who had the vision to save Larimer Square when it was considered skid row, and to turn Union Station into a city center that is BEAUTIFUL and builds community. When green spaces and older architecture is gone it cannot be replaced. If we pack as much development as humanly possible into every corner and every green space we will no longer have our quaint small town feel. “Do rooftops bring retail or dues retail bring rooftops?” I’ve heard this from city government— we don’t want either. We are fine as is. Crime is increasing, traffic is increasing. A lot has been done behind closed doors to destroy the city charter and increase development, building height, and just plain ugly builds with no aesthetic oversight. We need property owners contributing to the decision-making, not unelected officials who don’t even live in WR who run our town like a business not like responsible city planners. Think about quality of life, green spaces, and beauty, not just shoving as many people in slot homes and high density housing, apartments, and condos as is humanly possible. Wheat Ridge is being destroyed by dumb decisions and when the bubble busts, and it will, there will be a lot of density and mediocre buildings, and the charming town will be long gone. More high density housing means more population means more crime, and more traffic accidents and fatalities. Bud Starker was elected with money from developers, and that has set a tone. Residents are expected to bow down to those who want to exploit every square inch of property for building apartments and townhomes. No more small town feel. It’s sad, but I know that no one on council or unelected decision makers care about the heart of WR— the long time residents. I ask this every time— what happened to the city charter? We need a cap on growth like the one in Golden. Otherwise what we are seeing is the death knell of our beloved Wheat Ridge, our quaint home. I hear all the chit chat about “affordable housing”— that’s just coded speak for housing under half a million. And it’s utter nonsense. Anyone making money off these transactions shouldn’t have a voice in local government because their persistence is fueled by greed. The rest of us don’t have the time or energy to continuously fight those who are fighting nonstop to make money off of destroying our neighborhoods. Their reward is millions in self-enrichment, while we are being rewarded by barely maintaining or getting screwed over by developers. IT’S ACTUALLY THE JOB OF CITY COUNCIL TO REPRESENT OUR INTERESTS. I WISH THIS WAS HAPPENING.
August 27, 2021, 2:27 AM
Katharyn Grant
People should not be afraid of their governments. Governments should be afraid of their people. There is something very wrong with this government? You once had the freedom to object, to speak out you now have censors and people coercing conformity on places like Facebook Wheat Ridge Community page by people who wish that you leave things alone and don't make trouble. If its not online then it is at meetings where public input is cancelled or cut short. I know why you go along you were/are afraid. Your reason was corrupted robbing you of common sense. If you are so blind that you see nothing then do nothing, go back to sleep, it's just a nightmare you're having. If on the other hand you wish this government serve the people and not corporate interests then take it back making sure as employees of your government they know they are public servants there to serve the public good. End all construction project and plant more green returning our city to it former self.
August 27, 2021, 1:00 AM
Richard Boettner
I am against the proposed project. While it may be zoned for multiple units, 26 units is far too many for the space. This is adjoining typical WR lots of (most likely) 1/4 acre. Technically if zoned the same, 5 single family homes would be allowed. The density and height of the proposal is too much. Just as the proposal for the development at 38th and Independence was rejected, so should this one. Perhaps something half the density but I see from the location that sunshine from the south and west will be blocked for the immediate neighbor. Furthermore, most likely, just like the town home development off 44th at Yukon, there will be an everywhere USA, cheap stick and board look to the development and the prices will still be so steep that anyone wanting to get into the housing market to own a home will be outpriced. If people want to live in the type of development proposed, then, they should live in Denver. Since when has Wheat Ridge turned into such a Denver wanna be? We have our own personality, separate and distinct from Denver and it is the reason people buy here and live here for generations. Outdoor space and yards are part of what helps people maintain good physical and mental health. I for one do not want to see a Wheat Ridge with block after block of 3+ story buildings lining the streets with no green space, individuality or uniqueness. If recent history is an indicator, I know that the powers that be in the city who approve these plans will once again betray the citizens of this city by putting profits before people. I'd rather my prediction be proved false.
August 26, 2021, 2:36 PM
Mariann Storck
Wheatridge is becoming over grown with all the apts and multi family homes and just to many houses in general. Due this factor the crime rate has sky rocketed. Please no more building leave more open space. Let’s not become a cement city like denver or New York. We can’t leave ours doors unlocked like we did 10 years ago. To many people over crowding. More open space. This is not the quite Wheatridge I grew in.
August 26, 2021, 4:42 AM
L. Dearing
As a 40 year home owner near 32nd and Depew I like our individual home and don’t feel projects such as this are right for our neighbor hood and community.
August 26, 2021, 3:04 AM
Angela cook
As a fairly new resident to the beautiful Eaton Street, it's my obligation to speak on behalf of my fellow neighbors who have called this sliver of Wheat Ridge home for over 20 years to spanning multiple generations. None of these neighbors have the energy or fight left in them after the original lot filed a lawsuit which caused traumatic financial stress to those that were willing and able to put up a fight. Upon hearing of the initial plans of this project, one of our tenured neighbors called a meeting to hear out the developers and what they had planned for these two lots. Among the 20 in attendance, many in their senior years, I could see the confusion and horror on my fellow neighbors faces as developer started to reveal what was planned. I saw tears, shock, and speechless faces realizing that their beautiful, quiet street was about to become traffic ridden, their views blocked by unattractive and poorly designed multi-level units, and a plan to almost triple the street's population. 5 years ago, prior to finding Eaton street, my wife and I set out our tumultuous journey to finding our first home by searching high and low in Denver. After seeing street after street under construction with similar projects to this, we decided to open our search beyond the city limits and found Wheat Ridge. We were compelled to this are because it had been able to maintain its unique charm and beauty unlike what we had seen happening to historic Denver areas. We were excited to find a quiet, safe street, surrounded by beautiful homes that seemingly had been protected by what we believed to be a quality, honest, and respectful Planning Commission. What is happening now indicates we were wrong and the City of Wheat Ridge is clearly seeking any easy way to mimic the development failures that Denver and other neighboring areas have so terribly managed. While are clearly too late to do anything to disrupt this project from occurring, I simply ask the council and developers to realize the pain this is causing to people who've now lost trust in our local government. In this current real-estate climate, many of our neighbors are now held hostage, unable to find affordable homes elsewhere to live out their remaining years in peace and quiet. To the Planning Commission - Shame on you for allowing an overwhelming amount of disgustingly designed units be constructed in two former single-family plots, increasing traffic, limiting parking, and most importantly, jeopardizing the safety of old and young families like us who intended to raise young children on this street. I hope you learn from this and course correct for what's left unplanned on 38th and beyond. 1. What, if any regulations and standards do you have in place to protect Wheat Ridge from becoming another Tennyson or Jefferson Park? 2. Do you have interest in protecting Wheat Ridge from becoming another Denver metro area? 3. When do you plan to start allowing duplex houses disrupt the heart of Eaton Street? To the developers - Your brief description of the site plan was clearly designed to leave out details we demand more information on. 1. How tall are these units? 2. What materials do you plan to use to protect and compliment the existing 100+ year old homes on the same block? 3. What are your plans keep the existing 100 year old+ trees and additional landscaping ensure our views are protected from your buildings? 4. What is your construction schedule? What are you doing to ensure our street isn't disrupted with disruptive noise and construction crews littering our street? 5. What is the approximate timeline of construction, start to finish? I can confirm that this project has caused our community to lose trust in the planning commission and all hope that the remaining area will retain the same charm we all fell in love with. Neither the developers, construction crews, nor the new tenants of these new buildings will feel the warm welcome we all felt moving here prior to this project.
August 25, 2021, 10:10 PM
Matt Filippini
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