Pending Decision

Item 3 - Zone Change from Residential-One (R-1) to Planned Residential Development (PRD) at 9800 W. 38th Avenue

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 allow for a new residential development on the property comprised of 10 dwelling units, a combination of single-family homes and duplexes. NOTE: Due to a deficiency in the newspaper publication, staff is recommending this item be continued.
This is a recording of the April 13 City Council meeting.


Applicant Presentation

Staff Presentation


Council Action Form ( 0.38 MB )
Staff Report and Proposed Zoning ( 4.51 MB )
Planning Commission Meeting Minutes - February 6, 2020 ( 0.31 MB )
Planning Commission Online Public Comments ( 0.01 MB )
Planned Development Review Criteria

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:

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 4/13/20.
This PRD proposal is too tall and too dense for this property. The alley proposed, rather than a street, provides no overflow parking alternatives for the residents or for visitors within this subdivision. Overflow parking from the surrounding duplexes has been on this vacant property. The alternative for overflow parking would be on Johnson Street and in the parking areas designated for Discovery Park. The increased resident parking would put undo hardship on the property owners on Johnson Street as well as those Wheat Ridge Citizens wishing to use the facilities of Discovery Park. The 20 ft proximity of the duplexes to 38th Ave would be prohibitive to future improvements to this highly traveled and already congested intersection of 38th and Kipling. The 30 foot height of the duplexes would over shadow the already dangerous slope on 38th ave and would prevent natural thaw of snow and ice. The entrance from 38th would also add to the congestion of this dangerous intersection. The Hardis purchased this property with an R-1 designation. The present Zoning would allow them to build four high quality single family homes on this property which would be a positive addition to the neighborhood. This zone change allowing four houses and three duplexes would be an encroachment on the neighborhood as well as on the citizens of Wheat Ridge whose tax dollars went to build Discovery Park for the enrichment of the entire community.
April 13, 2020, 11:55 AM
Carol Mathews
I would like to see this type of upgrade development in this area of Wheat Ridge. It is my opinion that if we don't develop the area with attractive homes this area could start becoming like a Commerce City with low grade development projects and bring in undesired businesses like the adult bookstore on 44th Avenue cross from the Truck Stop property. I like the idea of long time residents like the Hardi's investing in their local area and enhancing the community. I see this as a positive improvement! I have operated my electrical business in Wheat Ridge since 1979. . Daniel W. Mountain, President Mountain Brothers Electric Company 4395 Pierson Street Wheat Ridge, CO 80033
April 13, 2020, 11:46 AM
Daniel W Mountain
Living just across 38th Avenue from this property, I've been watching each of the proposals for development. I'm happy to say that this is the best one so far. If it's built as presented in this application, I feel it will not adversely impact my property here. I'm especially pleased that the central portion of the duplex homes will be built to a low height. This should reduce the street noise reflected towards my home. This is a steep section of street, where drivers often gun their engines up the hill, so this issue is especially important here. Please ensure that, whatever detail changes are made in the final plan, that this streetside building profile is maintained. Because of that steepness, I'd ask you to consider making the West 38th Avenue driveway right turn only. Traffic in this direction is moving uphill, and more slowly. A left turn here is more hazardous, because the street grade steepens above the driveway exit, and this limits sight lines. Some westbound motorists are already moving towards the center turn lane at this point, and this may further interfere with left turns onto the street.
April 13, 2020, 10:21 AM
John McMillin
I am not opposed to the development of this site. I am, however, vehemently opposed to the change in zoning. I think the PRD zoning is unnecessary and inappropriate for a property surrounded by R-1 and R-2 (with a strip of park land across the street to the west). My worry, as stated innumerable times, is that the zoning change will be used as precedent to encourage developers to move south through the R-1 neighborhood, turning a lovely area of ranch-style homes into a hell-hole of 35-foot townhomes. I think, if council approves this zoning change, it should also provide a guarantee - if not carved in stone, then formalized by statute - that there will be no other zoning changes allowed in this area. R-1 and R-2 only - no more PRD (or PCD) will be permitted.
April 13, 2020, 10:05 AM
Margaret G. Nelson
I am a Wheat Ridge business owner and give this proposed development my full support. I think the plan is an excellent transition from the mixed housing of duplexes and single-family homes to the busy commercial Kipling corner. Dennis Overton 4955 Miller st Wheat ridge co 80033
April 11, 2020, 11:28 AM
Dennis Overton
This proposed residential community looks to be very thoughtfully planned - not only for the new residents, but also for the existing surrounding neighbors. I think it speaks volumes that the property owners/developers, Ardalan and Kim Hardi, will plan to relocate into this new community. That’s putting your money where your mouth is and really standing behind your product. How many other developers would move into the community they built, especially one that will be as intimate as this! As a (nearly) lifelong resident of Applewood and Golden, it’s encouraging to see areas in surrounding communities get an opportunity to be developed into something beautiful and beneficial. This community will be another gem for the City of Wheat Ridge!
April 8, 2020, 1:32 PM
Jamie Biesemeier-Wilkins
As a former resident of Wheat Ridge, I'm glad to see the interest in this vacant area. We find our selves visiting friends that live in this area and it's encouraging to see interest in the useful development of this plot. This certainly would be an improvement for the immediate neighborhood and a compliment to the city of Wheat Ridge.
April 6, 2020, 7:23 PM
Stan Fossum
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Your Question has been submitted.