Zone Changes

Pre-Application Meeting

Prior to application for a change of zone, the applicant will need to schedule a pre-application meeting.  Staff has initiated this meeting as a means of reviewing the proposal and to provide input on the zone change process and requirements. There is a $200 fee for the pre-application meeting.

Neighborhood Meeting

After the pre-application meeting, but prior to application, the applicant will need to hold an informal neighborhood meeting.  The purpose of the meeting is to provide the opportunity for citizens to become aware of the proposed development in their neighborhood, and to allow the developer to respond to citizen concerns regarding the proposed project.  All residents and property owners within 600 feet will need to be notified of the meeting.   It will be the responsibility of the applicant to coordinate with staff and to notify area residents of the date, time, and location of the meeting.  Staff provides the notification list.  There is a $100 fee for the neighborhood meeting. 

A staff planner will attend the meeting to discuss City policy and regulations, and the process involved; however, the planner will remain impartial regarding viability of the project.

Submittal

When the application is submitted, a staff planner will be assigned to handle the case.   This person is the project manager for the case and will be the contact at the City throughout the entire zone change process.

Submittal Review

The case manager will review the submittal application for content.  If all submittal requirements have been met, the proposal will be referred to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic Development, etc.) for their review and comment, generally for a period of 15 days.  After all comments have been received, the case manager will forward those to the applicant.  Modifications to the application may be required as a result of these comments.

Planning Commission Hearing

Once all comments and requirements have been met, the zone change application can be scheduled for public hearing in front of Planning Commission.  The Planning Commission is a body of appointed Wheat Ridge citizens that reviews various land use proposals and makes recommendations to City Council.   Publication in the Wheat Ridge Transcript, notice to adjacent landowners within 600 feet, and posting of the property with signs are required prior to the Planning Commission hearing.  The City will coordinate the publication, will mail the notices of the hearing, and will provide the applicant with the posting signs.  The notifications and postings must occur at least 15 days prior to the public hearing.

The case manager will prepare a staff report which will be presented at the Planning Commission public hearing.  There is a specific set of criteria used to evaluate a requested zone change (Section 26-112.D. of the zoning and development code).  A recommendation to Planning Commission will be made in the staff report based on these criteria.   At the hearing, after the staff report is given, the applicant and members of the audience will be given a chance to give testimony regarding the application.  Generally, a decision for recommendation will be made that same night.  Sometimes a case will be continued to another hearing date for further study and input.

City Council Hearing

Regardless of the Planning Commission recommendation, the case is automatically scheduled for public hearing in front of City Council.   

The zone change must be approved by ordinance by the City Council which requires two readings.   The first reading of the ordinance is not a public hearing and no testimony is given regarding the case.   The first reading date is solely for the purpose of publicly setting the public hearing date.

The second reading of the ordinance is a public hearing.  The same requirements for adjacent landowner notification, publication and property posting will be followed for the second reading as for the Planning Commission public hearing.  A staff report with recommendations will be presented at the public hearing.   However, the ordinance approving the zone change does not go into effect until 15 days following the final publication of the ordinance.

Keep in mind that the public hearings are quasi-judicial in nature.   Please do not contact Planning Commissioners or City Council representatives to discuss the merits of the case prior to the public hearing.  It could jeopardize their ability to hear the case.

Depending on the nature of the zone change approval, subdivision and/or building permit applications may be required.

Please be aware that this information is only a general overview of the process and submittal requirements for zone changes.  There may be additional requirements specific to each case, and the overall length of the process can vary greatly depending on the circumstances of the case.  As each zone change request is different, the purpose of the aforementioned pre-application meeting is for staff to review conceptual plans and give the applicant more information specific to his or her proposal.  

Questions?

Contact the Community Development Department at 303-235-2846.

Review timelines:

Zone Changes typically take roughly three to six months to process and require Planning Commission and City Council public hearings.

Application Contents:

A zone change application is required for approval of a rezoning to any non-planned development (straight) zone district.  The following items represent a complete zone change application:

• Completed, notarized land use application form
• Application fee
• Proof of ownership—e.g. deed
• Written authorization from property owner(s) if an agent acts on behalf of the owner(s)
• Mineral rights certification form
• Approved legal description on the Current City Datum with proper section and PHAC ties per City Geodetic Requirements, in Microsoft Word format
• Certified boundary and improvement survey of the property
• Written request and description of the proposal
  • Include a response to the zone change review criteria—these are found in Section 26-112 of the municipal code
  • Include a justification of why the zone change is appropriate addressing these issues:
    • The need for the zone change.
    • Present and future effect on the existing zone districts, development and physical character of the area.

      Access to the area, traffic patterns and impact of the requested zone on these factors.

    • Availability of utilities.

    • Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc.

    • A discussion of the relationship between the proposal and adopted land and/or policies of the city.

Applicants must ensure that all of the above requirements have been included with submittal.  If any items listed on this checklist have been excluded, the documents will NOT be distributed for City review.  In the event that any revisions need to be made after the second full review, applicable resubmittal fees shall apply.

Review Criteria: Zone Change

Staff uses the set of criteria listed below to critically evaluate all requests for a zone change to a straight zone district.   Per section 26-112.E of the Wheat Ridge Municipal Code, the Planning Commission and City Council shall base their decision on the extent to which an 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. 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

3. At least one (1) of the following conditions exists: 

1. 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. 
2. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error.
3. 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. 
4. 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. 

What is zoning?

All properties within the City of Wheat Ridge are zoned.  Zoning regulates what land uses are allowed and establishes standards for construction including building setbacks, lot coverage, and building height.  

There are many different zone districts within the City including residential, commercial, industrial, mixed use, and planned development zoning.  

What is a zone change?

A zone change is the process of changing the current zone district to a different zone district.  A property owner may choose to change the zoning to use his property differently from what the existing zoning allows (e.g., residential vs. commercial).  

All proposed commercial, industrial and residential applications for property exceeding one acre in size must be rezoned to a planned development district.   

Why is a neighborhood meeting required?

A neighborhood meeting is required for all zone change requests.  The purpose of the meeting is to provide the opportunity for citizens to become aware of the proposed development in their neighborhood, and to allow the developer to respond to citizen concerns regarding the proposed project.  All residents within 600 feet are notified of the meeting. 

How do I give my opinion on a zone change?

All public hearings for proposed zone changes are open to the public to appear and give testimony.  Testimony can include written correspondence or a statement made at the public hearing.  Any written correspondence provided to staff will be forwarded to the Planning Commission and City Council as part of the evidence of the case.  All pertinent correspondence should be routed through planning staff.  

Can I contact my council representative?

Public hearings for zone changes are quasi-judicial in nature.  This means that the deciding body should make a decision only based on testimony presented at public hearings.  Please do not contact the Mayor, Planning Commissioners, or City Council representatives to discuss the merits of the case prior to the public hearings; it could jeopardize their ability to hear the case.

What is a zone change protest?

A zone change protest is a formal, written protest which can be submitted by adjacent property owners within 100’ of a subject property.  If 20% of property owners on one side within a 100’ radius file a protest, it requires a three-fourths vote of City Council (6 out of 8 members present) to approve a zone change instead of a simple majority (5 out of 8 members present).  A zone change protest is usually filed after the Planning Commission public hearing.  For more details and guidance on the protest process, refer to the Zone Change Protest Procedure.