HomeMy WebLinkAboutCity Council Agenda Packet 04/08/20136:45 p.m. Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
April 8, 2013
7:00p.m.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF March 25, 2013
PROCLAMATIONS AND CEREMONIES
Mayor's Day of Recognition for National Service
Arbor Day and Tree City USA
Volunteer Appreciation Week
CITIZENS' RIGHT TO SPEAK
a . Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3
Minutes and sign the Public Comment Roster.
b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA
ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be
heard .
APPROVAL OF AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
.1. Resolution 13-2013-Approving a Fifty-Three Lot Subdivision Plat with Right-Of-Way
Dedications for property zoned Planned Residential Development (PRD) located at
11885 W. 38th Ave . (Case No. WZ-12-01/ Doud Overlook)
2 . Council Bill No. 05-2013 -approving the rezoning of property located at 6700 W. 44th
Avenue from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) (Case
No. WZ 13-01/Camaros Plus)
CITY COUNCIL AGENDA: April 8, 2013 Page -2-
3 . Council Bill No . 07-2013-extending a Temporary Moratorium on the submission ,
acceptance , processing , and approval of applications for a permit or license for any
Marijuana Establishment or Marijuana Club
DECISIONS, RESOLUTIONS AND MOTIONS
4 . Motion or ratify the District Ill Mayoral appo intment to Renewal Wheat Ridge , te rm to
expire November 30 , 2014
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURN
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 291 H AVENUE, MUNICIPAL BUILDING
March 25. 2013
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m.
ROLL CALL OF MEMBERS
Joyce Jay Mike Stites
Joseph DeMott George Pond
Davis Reinhart
Kristi Davis
Bud Starker
Tracy Langworthy
Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney,
Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan; Community
Development Director, Ken Johnstone; Public Works Director, Tim Paranto; other staff
and interested citizens.
APPROVAL OF MINUTES OF March 11, 2013
Clerk Shaver pointed out a correction for the Minutes of March 11 . Mr. Starker was in
Washington DC, not Ms. Davis .
Motion by Councilmember Stites for approval of the Minutes of March 11, 2013 as
corrected; seconded by Councilmember Reinhart; carried 5-0, with
Councilmembers Starker, Langworthy and Reinhart abstaining.
PROCLAMATIONS AND CEREMONIES
Clerk Shaver read a proclamation designating the month of April as Child Abuse
Prevention Month.
CITIZENS' RIGHT TO SPEAK
Nancy Snow applauded the measures Council has taken to be open and transparent
with meetings and information. However, she thinks the titles of agenda items should
accurately reflect the true substance of the item. She referenced the title of Item 5 on
tonight's agenda that makes no mention of the request for a rebate of property taxes at
38th & Depew -which is what this item is about. There's absolutely no way an average
citizen would have known this . In the future she asks that the agenda titles be more
informative for the public.
Dr. Linda Smith had 3 concerns:
Living near the new restaurant going in at 29th & Depew, she is concerned that the
sewer for the restaurant was tapped into the residential sewer in the alley, rather than
putting in a larger pipe. Will the capacity be adequate to handle increased volume from
the restaurant?
City Council Minutes March 25 , 2013 Page 2
1) It's very difficult to pull out onto 29th from Depew Street because of the off-street
parking at the corner that causes sight problems . She recommended No Parking
spaces on Depew near the corner to prevent this hazard .
2) She would also like to see the City assist people with tree trimming , especially
after a storm .
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
.L Council Bill No . 03-2013-amending the Cable Television Franchise Agreement
between the City of Wheat Ridge , Colorado and Comcast of Colorado IV, LLC , to
extend the term of the Franchise
Mayor DiTullio opened the public hearing .
Councilmember Pond introduced agenda Item 1.
Clerk Shaver assigned Ord inance 1534 .
The City's franchise agreement with Comcast expires on April 1, 2013 . An
extens ion of the franchise agreement to December 31 , 2014 will allow the cities
of Denver and Aurora to complete their franchise negotiations with Comcast
which would be in the best interest if the City of Wheat Ridge .
Management Analyst Nathan Mosley gave a brief staff report .
Mayor DiTullio closed the public hearing .
Motion by Councilmember Pond to approve Council Bill No . 03 -2013 , an
ordinance amending the Cable Television Franchise Agreement between the City
of Wheat Ridge , Colorado and Comcast of Colorado IV, LLC , to extend the term
of the franchise on second reading , and that it take effect fifteen days after fina l
publication ; seconded by Councilmember Stites ; carried 8-0 .
Council Bill No . 04 -2013-approving the rezoning of property located at 12390
W . 44t h Ave. from Agricultural-Two (A-2) to Mixed Use-Neighborhood (MU-N)
(Case No. WZ 12-11/Frisk)
Mayor DiTullio opened the public hearing .
Councilmember DeMott introduced agenda Item 2.
Clerk Shaver assigned Ordinance 1535.
Mayor DiTullio swore in the speakers for the hearing .
City Council Minutes March 25, 2013 Page 3
Senior Planner Meredith Reichert gave the staff presentation. She entered into
the record the case file and the contents of the digital presentation. She also
reported that the property had been properly posted .
The property is on the south side of 44th Ave . directly opposite Ward Road . It
contains a single-family house; the owners have made improvements including a
parking lot and handicapped accessibility. The current A -2 zoning is quite
restricting . The MU-N zoning would allow more options for use. Height
restrictions remain . The MU -N zoning is in line with the Comprehensive Plan .
Access easement to the neighboring property to the south will remain in
perpetuity.
The Mayor asked that the record reflect the applicant was in the audience .
Council had no questions or comments.
Mayor DiTullio closed the public hearing.
Motion by Councilmember DeMott to approve Council Bill No. 04-2013. an
ordinance approving the rezoning of property located at 12390 W. 44th Avenue
from Agricultural-Two (A-2) to Mixed Use-Neighborhood (MU-N) on second
reading and that it take effect 15 days after final publication , for the following
reasons:
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-109 of the Code of Laws.
2. The required rezon ing has been reviewed by the Planning Commission ,
which has forwa rded its recommendation .
3 . The requested rezoning has been found to comply with the criteria for review
in Section 26-112-E of the Code of Laws.
The property is currently underutilized, and a zone change will increase the
permitted uses of the site.
Seconded by Councilmember Langworthy; carried 8-0
~ Resolution 11-2013 -approving a two-lot subdivision plat with a Right-Of-Way
dedication for property zoned Agricultural-One (A-1) located at 4900 Robb St.
(Case No. MS-13-01/Hawn)
Mayor DiTullio opened the public hearing.
Councilmember DeMott introduced agenda Item 3.
Mayor DiTullio swore in the speakers for the hearing.
City Council Minutes March 25 , 2013 Page4
Meredith Reckert made the staff presentation . She entered into the record the
case file, subdivision regulations and the contents of the digital presentation.
This 3 .09 acre plot is long and narrow and contains a farm house built in the late
1800's. There are also various farm outbuildings and 2 ditch laterals . Lot 1 would
be the western portion of the lot facing Robb Street -the area containing the
house and buildings . Lot 2 would be the eastern portion of the lot with access to
Robb Street preserved along the southern boundary of new Lot 1.
The applicant indicated that all the documents for historical designation for the
house are complete and will be submitted subsequent to the subdivision.
Mayor DiTullio closed the public hearing .
Motion by Councilmember DeMott to approve Resolution No. 11-2013, a
resolution approving a two-lot subdivision plat with a right-of-way dedication for
property zoned Agricultural-One (A-1) located at 4900 Robb Street , for the
following reasons :
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-1 09 and 26-407 of the Code of Laws.
2. The requested subdivision has been reviewed by the Planning Commission ,
which has forwarded its recommendation.
3 . The Subdivision plat has been found in compliance with Article IV of Chapter
26 of the Code of Laws.
Seconded by Councilmember Starker; carried 8-0
ORDINANCES ON FIRST READING
4 . Council Bill 07-2013-An Ordinance extending a Temporary Moratorium on the
submission , acceptance , processing , and approval of applications for a permit or
license for any Marijuana Establishment or Marijuana Club
Councilmember Stites introduced agenda Item 4.
This ordinance extends the moratorium originally imposed by Emergency
Ordinance 1533, on March 11 . That ordinance will expire 90 days after adoption .
This new ordinance repeals the emergency ordinance and replaces it with a
standard moratorium extending to November 1, 2013. This extension will provide
the time necessary to develop appropriate policies .
Motion by Councilmember Stites to approve Council Bill No. 07-2013, an
ordinance extending a temporary moratorium on the submission , acceptance ,
processing and approval of any application for a City permit or license to operate
City Council Minutes March 25, 2013 Page 5
a marijuana establishment or marijuana club, on first reading and schedule public
hearing for April 8, 2013 at 7:00p.m. in City Council chambers; seconded by
Councilmember Reinhart;
Mr. Dahl clarified that this ordinance does not affect medical marijuana.
Motion carried 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
Mr. Reinhart announced he would recuse himself from Item 5 as he has done work on
this project and will continue to do so. He left the Council Chambers.
~ Resolution No. 12-2013 -approving a fourth modification to the 38th Ave.
Corridor Redevelopment Plan
Councilmember Starker introduced agenda Item 5.
Issue: Should Renewal Wheat Ridge (Urban Renewal) enter into a Tax
Increment Financing (TIF) agreement with Crosswire Investments for the
development of Perrin's Row townhomes at 5760 W. 38th Avenue?
Steve Art, WR Economic Develop Coordinator, gave background information on
the property at 38th & Depew. This proposed revision to the Corridor Plan will
allow for 26 residential units with no commercial use. Urban Renewal would enter
into an agreement with Crosswire for the placement of public infrastructure
(water, sewer, etc.) or modifications to the buildings for beautification for the
public realm. A third party analysis indicates public assistance will be necessary
for this project to happen. The Urban Renewal board agreed (vote 5-2) in
concept to enter into an agreement with Crosswire. The developer would receive
80% of their taxes back in years 1-7. Urban Renewal will receive 20%. In years
8-20 the developer get 55% and Urban Renewal gets 45%. The units will house
an estimated 60 people. Staff believes this will be a catalyst for new
development and remove the blight of a vacant lot.
Owner Richard Oneslager gave some history on prior projects that never
happened and how this project came about. He thinks this project fills a void for
new residential units in this part of town and reported that having New Town be
the developer has already sparked interest in the area by other builders. There is
a very thin financial return. The developer will carry all the risk; the City will have
no risk
Gene Myers of New Town Builders presented information about his company
and why they want to build this project. They will build 1,100-1 ,500 sq ft, 3-story
units modeled after their Central Park Rows at Stapleton, and hope to sell them
for well below $300,000.
City Council Minutes March 25, 2013 Page 6
Public Comment:
Jay Peck (Lakewood) represents a group of similar investors who would be
interested in TIF's. He asked if Council will be supporting other residential TIFs
now. Mayor DiTullio told him this hearing was only about the Perrin's Row
project and he would need to speak with staff members about future projects.
When asked about standards for TIFs, the Mayor told Mr. Peck this project was a
unique recommendation from Urban Renewal.
Nancy Snow (Wheat Ridge) objected to the rebate of property taxes . This
project has no commercial so it will not generate any sales tax. That is the goal of
a TIF. Some years ago the City adopted a mixed use zone for this very property
so it could mix residential and commercial uses. Now there is no commercial
and no sales tax generated.
• She believes there's no doubt these units will end up as rentals.
• She stated it's very unfair for the City to take all the property tax that would
go to the School District, the County, the water and sewer districts, and
the Fire District for 20 years. Any dickering behind the scenes about giving
the Fire District their share of tax is fine for them, but not fair to the other
entities.
• She resents vacant land being labeled as blighted. It's not blighted, it's
vacant land . There are law suits all over the state about this .
• She pointed out some things in the third-party analysis that reveal that if
the owner sold the property he would make money. The third party
analysis contains what the owner wants for the property, not a real market
value . The third-party report lists two other options for the owner, but
there's not much analysis about them. Urban Renewal jumped straight to
the option of giving the tax rebate.
Michael Snow (Wheat Ridge) is involved in and supports the revitalization of
Wheat Ridge. We've had some good progress with new businesses and
remodeled storefronts. Business and people are starting to move across
Sheridan . He does however think this project is the cart before the horse . He
believes it's a mistake to think that building apartments will help the process and
bring more people to WR. Rentals are exactly contrary to what we're trying to
achieve . This is not the right time for council to help this developer with his profit;
instead we should be helping other folks that would come into WR to buy a
house with a yard and a place for their kids to play.
Tom Slattery (Wheat Ridge) thinks this TIF is a bad precedent. He gave
numbers on the fiscal impact this TIF will have on the School District, the County,
the Fire District, and the City of WR. Residential construction has the largest
impact on the school district, so why take the tax dollars that would go to the
school district. There are also numerous county services that rely on tax funding.
Even if the Fire Dept ends up receiving its share of taxes, the rest of the entities
City Council Minutes March 25, 2013 Page 7
will have to take up the slack. TIF's have always been for commercial projects .
Residential provides nothing. He urged the Council to reject this proposal
Elizabeth Grant (Wheat Ridge) asked the Council to vote against this. She
doesn't think the market is prepared for it. She too believes they will become
rentals and doesn't like losing $467 ,000 over 20 years. It's very unfair to rob the
schools and other entities of the money they need. She thinks the owner should
follow his third option and wait.
Brian Hancock, represent a small group of investors . They think this TIF would
be a real bargain for them, so they support this revision.
Chief Steve Gillespie of the Wheat Ridge Fire District said the Fire Board
requests that the Council deny this application if it supports any loss of revenue
for them. 1) They need the money to operate and fulfill their mission. 2) Of
equal and possibly greater concern is the precedent it sets for residential
property. Where does it stop and what are the short and long term ramifications
for the Fire district?
Kim Calomino (Wheat Ridge 2020) is excited about this project. The future
residents will spend money in Wheat Ridge. Rooftops bring retail. This is the
generator we've been waiting for. She also testified to the integrity of Gene
Myers as a builder; she has known him for a long time.
Questions from and comments by Council included the following topics :
• Owner occupancy: Gene Myers said that most of his units remain owner-
occupied with only 10-15% being purchased by investors. New Town
prefers owner-occupied , but they really can 't agree to requiring owner-
occupied restrictions.
• The true value of the land .
• Mr. Oneslager will end up with an 18% internal rate of return .
• The project will have a Home Owners' Association with dues for exterior
maintenance.
• Glad to have such a reputable builder.
• Vacant land does not produce income , so the shopping the residents do
will generate new revenue .
• Vacant land does not require municipal, county or special district services .
• Each of the 26 units would have to spend $576 ,000 every year for 20
years for the City to recover what it's giving up in sales tax.
• Could the money TIF's take away from the School District be the cause of
their shortage of funds?
• Should the City be in the business of providing profit for developers?
• Would this be setting a precedent for all future residential developers and
opening the door for every person who adds on to their house to increase
square footage to come to the City to ask for a similar tax break.
City Council Minutes March 25, 2013 Page 8
• It's a concern that so many economic projects are coming in involving tax
rebates.
Motion by Councilmember Starker to adopt Resolution No. 12 -2013. a
resolution approving a fourth modification to the 38th Avenue Corridor
Redevelopment Plan; seconded by Councilmember Davis;
Motion Councilmember Stites to amend the main motion to provide that the Fire
Dept shall receive 100% of the revenue they would get without any Tl F;
seconded by Councilmember DeMott.
Mr. Dahl and Mr. Goff verified that Council can put restrictions like this into the
agreement. Motion to amend carried 6-1, with Councilmember Jay voting no .
The main motion carried 5-2, with Councilmembers Stites and DeMott voting no.
The Mayor called for a short break at 8:53. The meeting resumed at 9 :00 and
Councilmember Reinhart returned to the Chambers .
6. Motion to approve award of RFB-13-12 , for purchase of 38th Ave. Banner Poles ,
to Wesco Distribution, Denver, CO, in the contract amount of $36,580
Councilmember Jay introduced agenda Item 6 .
This is a budgeted purchase of 2 pairs of banner poles with cable and pulley
systems for each pair. Installation, assembly of the cable and pulley systems ,
wiring and lighting at not included.
Motion by Councilmember Jay to approve the award RFB -13-12, for purchase of
38th Avenue Banner Poles to WESCO Distribution , Denver, CO , in the contract
amount of $36,580; seconded by Councilmember Reinhart; carried 6-2 with
Councilmembers Stites and DeMott voting no.
7. Motion to approve the annual support and licensing renewal for the Cartegraph
System in the amount of $43 ,653 to Cartegraph , Inc.
Councilmember Pond introduced agenda Item 7.
This renewal includes software upgrades and bug fixes and patches, plus
technical support to implement these software enhancements and fixes. The
package is inclusive for licensing and technical support services and was
approved in the 2013 IT Budget.
City Council Minutes March 25, 2013 Page 9
Motion by Councilmember Pond to approve the annual support and licensing
renewal for the Cartegraph system to Cartegraph, Inc. in the amount of $43,653;
seconded by Councilmember DeMott; carried 8-0.
8. Motion to approve the purchase of the 2013 Vehicle Replacements and
Accessory Equipment in an amount not to exceed $167,361
Councilmember Langworthy introduced agenda Item 8.
The following vehicles are recommended for purchase as replacements:
One (1) 2013 Dodge Durango All Wheel Drive SSV $26,669/ea
One (1) Large 2013 Ford F-150 XL, 4x4, Crew Cab Pickup $26,915/ea
One (1) Large 2013 Chevrolet 1500 Cargo Van $17,510/ea
One (1) Large 2013 Ford F-150, 4x4, Extended Cab Pickup $22,766/ea
One (1) Large Chevrolet Silverado 2500, 4x4, Extended Cab Pickup
with Plow Package $28,195/ea
One (1) 2013 Chevrolet Silverado 3500 4x4 Cab & Chassis with
Dump Bed Body Package $31,306/ea
Total Cost: $153,361
Motion by Councilmember Langworthy to approve the purchase of the 2013
vehicle replacements and accessory equipment for a total cost of $153,361.
She further moved to approve the expenditure of the not-to-exceed amount of
$14,000 for the purchase, installation, and/or relocation of auxiliary equipment for
the operation of the vehicles along with the installation of markings and
communication equipment;
Seconded by Councilmember Jay; carried 6-2, with Councilmember Stites and
DeMott voting no.
CITY MANAGER'S MATTERS
Mr. Goff announced a new Civic Academy. This year's focus will be on the results that
city departments are working to achieve, how these efforts affect the community, and
how residents can become involved. Registration is available on the city website or by
contacting Nate Mosley at 303-235-2837
CITY ATTORNEY'S MATTERS
CITY CLERK'S MATTERS
Clerk Shaver informed everyone that longtime resident of Wheat Ridge Ruth Howard
passed away about 3 weeks ago in North Carolina. Ruth started the City's youth
probation program and ran it for 30-some years. She was buried in North Carolina, but
City Council Minutes March 25, 2013 Page 10
a memorial service will be held for her here in Wheat Ridge sometime in April. Folks
who knew Ruth can watch for that announcement.
ELECTED OFFICIALS' MATTERS
Mayor DiTullio announced that he met with John Zambawa of the Senior Resource
Center. He would like to be on the May 6 study session to discuss 1) continued future
funding of the senior circulator bus , and 2) waiving the permit and use tax fees for the
second phase of enhancements to their building which will amount to about $20,000 .
Bud Starker thanked the 50 citizens who came to the District 1 meeting. There will be
having another one in June.
Mike Stites offered condolences to the family of George Putnik who passed away this
week . George was on the WR Fire Board and the Sewer Commission and will be
missed. Mike 's positive thing : He noticed people helping each other with the snow this
past weekend.
Kristi Davis announced the District 1 and 2 Town Hall meeting that will be Monday ,
April 29th from 6 :00-7:30 in the City Council Chambers . Reminder postcards will be
going out with the agenda , and it's also posted on the City webs ite.
Tracy Langworthy had attended the Industry Appreciation Awards hosted by the
Jefferson Econom ic Council. Two WR businesses were honored : Able Planet and
Rocky Mountain Bottling Corporation .
Councilmember Pond reminded everyone of the last Food/Film event this Wednesday
at the Active Adult Center. The pot luck is at 6 :30 , with a film "Urban Roots " to follow.
Councilmember Jay wished all a Happy Easter.
Councilmember DeMott wished all a happy and peaceful Easter. He welcomed a new
business to Wheat R idge-Tommy 's Slalom Shop in the 441h Industrial Park across from
Mount Olivet Cemetery . The grand opening w ill be Friday and Saturday, April 5-6
starting at 10 :30 AM . It will feature live mus ic , food , drink, entertainment , and a wave
pool.
Councilmember Reinhart commented on the Dist 1 meeting he and Councilman
Starker had saying there were lots of opinions, but not a real positive discussion .
Motion by Councilmember Stites to go into executive session under Charter Section
5 .7(b)(1) and Section 24-72-402(4)(b), C .R.S., specifically for a conference with the City
Attorney and appropriate staff for legal advice on the regulation of massage parlors and
massage therapists . He further moved to adjourn the open meeting at the conclusion of
the executive session ; seconded by Mr. Starker; carried 8-0 .
City Council Minutes March 25, 2013 Page 11
The regular Council Meeting adjourned at 9 :17pm
EXECUTIVE SESSION
Legal advice on regulation of massage parlors and massage therapists
APPROVED BY CITY COUNCIL ON April 8, 2013 BY A VOTE OF __ to __
Davis Reinhart, Mayor pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e .
they contain a record of what was done at the meeting , not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office , as well as copies of Ordinances and Resolutions .
~~J.~
... ~ ., City of •
JP"WheatRl__dge
ITEM NO: _, '-
DATE: April 8, 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 13-2013 -A RESOLUTION APPROVING A
FIFTY-THREE LOT SUBDIVISION PLAT WITH RIGHT-OF-
WAY DEDICATIONS FOR PROPERTY ZONED PLANNED
RESIDENTIAL DEVELOPMENT (PRD) LOCATED AT 11885
W. 38™ AVENUE (CASE NO. WS-12-01/DOUD OVERLOOK)
~ PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
ISSUE:
D ORDINANCES FOR 1 STREADING
0 ORDINANCES FOR 2N° READING
~ YES
The applicant is requesting approval of a fifty-three lot subdivision plat with right-of-way
dedications for property zoned Planned Residential Development (PRD) located at 11885 W. 38th
Avenue.
The purpose of the subdivision is to prepare the property for development of a new residential
subdivision.
PRIOR ACTION:
Planning Commission heard the request at a public hearing on February 21 ,2013 and
recommended approval. The staff report and meeting minutes from the Planning Commission
public hearing have been attached.
FINANCIAL IMPACT:
Fees in the amount of $6300 were collected for the review and processing of Case No. WS-12-01.
Case No. WS-12 -01/Dou d Overlook
Council Action Form
April 8, 2013
Page 2
BACKGROUND:
The property contains an existing single family residence with associated out-buildings and
grazing land. The existing house was built in 1946 and will ultimately be removed as part of the
site development. The property is bounded by W. 38th Avenue on the south, and the Clear Creek
greenbelt open space on the north. The property slopes from southwest to northeast and is 15.054
acres in size. There is an existing sanitary sewer line with a 30-foot easement which traverses the
northern portion of the property. The Lee-Stewart and Eskins ditches cross the property from the
south side of 38 1h Avenue by a diversion gate and continue north across the property to the bluff.
Property ownership stops at the bluff on the north end just behind the existing home. It does not
extend down the slope towards Clear Creek. The slope property was conveyed to Coors in the late
1960's and in 2000 became part of the Clear Creek greenbelt.
The property was rezoned from A-2 and R-1 to PRD with an Outline Development Plan (ODP)
pursuant to Case No. WZ-07-06. The ODP, which contains five sheets , sets the allowed uses and
development standards for the property. It also contains a conceptual layout of the property,
typical architectural elevations and a landscape plan. (Exhibit 5 of Planning Commission staff
report)
The following is a general description of the approved Doud Overlook ODP. The recorded ODP
shows a total of 53 residential lots with a net density (excluding street rights-of-way) of 4.5 units
per acre. The conceptual lot layout showed lots in the middle of the subdivision smaller in si z e
with lots around the perimeter being larger to more closely reflect adjacent R-1 zoning on the west
and R -1 A zoning on the east.
Design standards in the approved ODP include setbacks generally 20' on the front , 15' -20' on the
rear and 7.5'-10 ' side setbacks . Architectural features include staggered front yard setbacks and
structure elevations with at least 64% stone, brick or stucco on the front facade , with a four-foot
high wainscoting of the same material on the side and rear first floor elevations. The side
elevations for comer lots must meet the front elevation requirements . Identical house models may
not be located on adjacent lots or directly across the street. Accessory structures and boat and RV
parking are not pennitted in the development.
Interior fencing follows the regular fencing standards in Chapter 26. The perimeter fence is
upgraded in design to 6 ' high solid vinyl fencing with masonry pillars interspersed. The fence
along W. 38th Avenue will be solid masonry with decorative columns.
Surrounding zoning and land use
The subject property is surrounded to the south, east and west by single family residential
neighborhoods. Adjacent zoning includes R-IA to the east and south, and R -1 and A-2 to the west.
(Exhibit 3 of Planning Commission staff report)
The property to the north is part of the Clear Creek greenbelt and open space area. The southern
portion of the greenbelt adjacent to the subject property is designated as a conservation area in the
I
I
Council Action Form
April 8, 2013
Page 3
City's Open Space Management Plan. North of the creek is a hard surfaced trail and south of the
creek is a soft surfaced trail , both of which are heavily used. The Risdon Ditch is located in the
open space area to the northeast of the subject site.
PROPOSED PLAT
The proposed plat document is comprised of three sheets. xhibit 6 of Planning Commission
~taff re ort) Sheet 1 is the declaration page and contains the legal description, required signature
blocks for recording and notes. The notes, among other things, contain the city's standards
language regarding easements and detention pond maintenance. There are also notes pertaining to
Tracts A, B, C, D and E. Tracts B-E are common elements in the subdivision which will be
maintained by the Homeowners' Association (HOA). Tract A was created for the conveyance of
the right-of-way for 381h Avenue to the City. The location of these tracts can be viewed on Sheet 2
of the plat document.
Sheet 2 contains the layout ofthe subdivision. The development will access W. 38th Avenue via a
single roadway. Internal circulation includes a looped road with three short cuJ-de-sacs extending
from it on the west side. All roads will be dedicated as public right-of-way.
The plat shows 53 Jots which vary in size from a minimum of 6920 square feet in the interior of
the development to just over 16,000 square feet. The larger parcels are located around the
perimeter for consistency with the lot sizes in the adjacent subdivisions. Lots running along the
eastern perimeter are an average of 9600 square feet in size to be similar in size with
McLaughlin's Subdivision which is zoned R-IA. Likewise, lots along the western perimeter
average 13,000 square feet in size to more closely match lot sizes to the west zoned R-1.
A 30' wide sanitary sewer easement traverses the northern portion of the property. The line will
be relocated to run in West 39th Place, so a portion of the existing easement must be vacated by
separate instrument. Easements for this sewer line are still required at the eastern and western
sides of the subdivision and have been provided. A 1 0 ' wide Public Service (Xcel Energy)
easement running from 38th A venue north to 39th Place will be vacated by separate document.
Sheet 3 of the plat document is intended to represent buildable envelopes for the proposed
subdivision and also as an addressing plan. Addresses need to be added to this sheet prior to plat
recordation.
Street design
West 38th Avenue running along the southern property line is designated as a minor arterial and is
planned to have 82' of right-of-way. The street improvements will include vertical curb and
gutter, an accel/decellane on the north side with bike lanes and a 6 ' wide separated sidewalk on
both sides with a landscaped street lawn. A right-of-way dedication in the amount of 12' on the
north side of 38th A venue will be required to encompass all of these improvements.
The entry into the subdivision will have 60' of right of way with tree lawn and separated
sidewalks on both sides. A landscaped median island will be included in th e center of the
Council Action Form
April 8, 2013
Page4
entrance. The interior streets in the subdivision will have 50' of r-o-w with mountable curb and a
4' wide sidewalk on one side (exterior side). Tree lawns will be provided on both sides.
The HOA will be responsible for maintenance of Tracts Band C (landscape buffers along the
north side of381h transitioning to the subdivision entrance at Tabor Court) and the landscaping in
the entrance median island. Additional maintenance responsibilities by the HOA will be the
landscaped median in the subdivision entrance, Tract D (surface improvements of the detention
pond) and Tract E (emergency entrance from 38th Avenue between Lots 3 and 4). Staff will
require review of the HOA covenants prior to plat recordation.
Storm drainage design
The subdivision storm sewer system has been designed to provide collection and conveyance of
storm flows for both off-site existing conditions and on-site developed conditions. There is
currently a substantial amount of off-site storm drainage flows generated from the neighborhoods
to the west and south which must be accommodated and conveyed across the property to Clear
Creek. The storm water currently moves across the site to the north and sheet flows down the face
of the bluff.
With development ofthe property and improvements made in 38th Avenue, these off-site flows
will be captured by inlets at a low point at the Tabor Court intersection and then travel towards
the proposed detention pond at the very northeast corner of the development. All site generated
drainage will be collected by various inlets throughout the subdivision to storm sewers in the street
right-of-way and conveyed to the same detention pond at the northeast corner. From the pond, the
stormwater enters a manhole and pipe bored into the slope and is released in the Clear Creek
greenbelt open space.
The City has requested the developer upsize the pipe to accommodate future regional flows , the
cost of which will be financially subsidized by the City. Because the storm sewer system conveys
regional drainage flows , the vertical pipe and improvements in the Clear Creek open space area
will be maintained by the City. A temporary construction easement is being pursued by the
applicant with the City's assistance through Jefferson County Open Space.
Protected species
One of the factors for consideration with development of this property is the presence of the Ute
Ladies' Tresses Orchid in the city-owned open space north of the property. The orchid is a rare,
federally threatened species that has been identified in this area since 1981. A study conducted in
2010 through the Colorado Natural Heritage Program revealed several populations of the orchid
along the south side ofthe Clear Creek trail including some down the below bluff from the
proposed development.
A more recent study conducted by the developer in 2 01 2 showed no evidence of the orchid below
the property. There may be several factors which impacted the most recent study including the
drought last summer and the small window of time during which the orchid blooms. Care must be
Council Action Form
April 8, 2013
Page 5
taken that the proposed improvements needed to accommodate the site drainage, not further
threaten the orchid population. Additional monitoring of the orchid should occur.
Parkland Dedication
When the City receives a request for residential subdivision, the City has the ability to review the
submittal for parkland dedication to accommodate the new residential population. The land area
to be dedicated is typically not large enough to accommodate a public park ; therefore, fees in lieu
of dedication can be required instead. The amount of money owed is based on the anticipated
value of the land after land entitlements have been approved and subdivision improvements have
been installed. This valuation will be determined by a certified appraiser, the cost of which will be
borne by the applicant. The Parks and Recreation Commission have recommended that fees in
lieu of land dedication be collected. This will occur at the time of the first building permit.
Sanitary sewer service
The property is currently not located in a sanitary sewer district. The developer has .retitioned to
Westridge Sanitation for inclusion into the district. A sanitary sewer upgrade in 38 Avenue will
be needed to accommodate the development, the cost of which will be shared between the
developer and the sanitation district. Construction obligation negotiations between the sewer
district and developer continue. The sewer district has been working with the City to finalize the
sewer line construction in 38th Avenue.
The application has been through the standard referral process. The applicant continues working
with outside agencies to resolve service issues.
RECOMMENDED MOTION:
"I move to approve Resolution No. 13-2013, a resolution approving a fifty-three lot
subdivision plat with right-of-way dedications for property zoned Planned Residential
Development (PRD) located at 11885 W . 38th Avenue , for the following reasons:
1. City Council has conducted a proper public hearing, meeting all public notice
requirements as required by Section 26-1 09 and 26-407 of the Code of Laws.
2. The requested subdivision has been reviewed by the Planning Commission, which has
forwarded its recommendation.
3. The Subdivision plat has been found in compliance with Article IV of Chapter 26 ofthe
Code of Laws.
With the following conditions:
1. Property addresses be added to Sheet 3 of the plat document prior to recordation
2. The HOA covenants be provided for staff review prior to plat recordation
3. The developer continue working with Jefferson County Open Space and the City
regarding protection of the Ute Ladies' Tresses orchid populations and procurement of
the temporary and permanent easements in the open space area
4 . Prior to plat recording, adequate assurance must be in place with Westridge Sanitation
District on their ability to serve the property
Council Action Form
April 8, 2013
Page 6
Or,
5. The property be assessed for fees in lieu of parkland dedication based on the appraised
value of the land after land entitlements have been approved. Said fees to be paid prior
to recordation of the subdivision plat
6. The developer enter into a City standard subdivision improvement agreement with
required security prior to recordation of the subdivision plat."
"I move to deny Resolution No. 13-2013 , a resolution approving a fifty-three lot subdivision
plat with right-of-way dedications for property zoned Planned Residential Development (PRD)
located at 11885 W. 38th Avenue, for the following reasons:
1.
2.
3.
and, direct the City Attorney to prepare a Resolution of Denial , to be scheduled for Council
consideration at the next available regular business meeting."
REPORT PREP AREDIREVIEWED BY:
Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
1. Resolution No. 13-2013
2 . Planning Commission staff report with exhibits
3. Planning Commission minutes
CITY OF WHEAT RIDGE, COLORADO
Resolution No. 13
Series 2013
TITLE: A RESOLUTION APPROVING A FIFTY-THREE LOT
SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR
PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT
(PRO) LOCATED AT 11885 W. 38TH AVENUE (CASE NO. WS-
12-01/DOUD OVERLOOK)
WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws
establishes the procedures for the City's review and approval of Subdivision
Plats; and,
WHEREAS, an application for a subdivision plat was received from Kent
Carlson to subdivide property located at 11885 W. 38th Avenue in a PRO zone
district; and,
WHEREAS, all referral agencies have reviewed the request and do not
have concerns; and,
WHEREAS, all required publishing, posting and notification requirements
for an April 8, 2013 City Council public hearing have been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows
A FIFTY-THREE-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY
DEDICATIONS FOR PROPERTY ZONED PLANNED RESIDENTIAL
DEVELOPMENT (PRO) LOCATED AT 11885 W. 38TH AVENUE (CASE NO.
WS-12-01/DOUD OVERLOOK) FOR THE FOLLOWING REASONS:
1 . City Council has conducted a proper public hearing meeting all public
notice requirements as required by Section 26-109 and 26-407 of the
Code of Laws.
2. The requested subdivision has been reviewed by the Planning
Commission, which has forwarded its recommendation.
3. The subdivision plat has been found in compliance with Article IV of
Chapter 26 of the Code of Laws.
DONE AND RESOLVED by the City Council this 8th day of April, 2013.
By: ______________________ __
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1 1
~~~4'
.... # ., City of •
.. ~Wheat~dge ~OMMUNilY DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission
CASE NO. & NAME:
DATE OF MEETING:
ACTION REQUESTED:
LOCATION OF REQUEST:
OWNER(S):
APPROXIMATE AREA:
PRESENT ZONING:
COMPREHENSIVE PLAN:
ENTER INTO RECORD:
(X) ZONING ORDINANCE
SITE
Planning Commission
WS-12-01/Doud Overlook
CASE MANAGER: M. Reckert
WZ-12-0 1/Doud Overlook
February 21,2013
A request for approval of a 53 lot subdivision plat on property zoned
Planned Residential Development (PRD)
11885 W. 38th Avenue
Doug and Chris Jenks
15.054 acres
PRD, Planned Residential Development
Neighborhood
(X)
(X)
CASE FILE & PACKET MATERIALS
DIGITAL PRESENTATION
Attachment 2
1
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant is requesting approval of a 53 lot major subdivision on property zoned Planned
Residential Development located at 11885 W. 38th Avenue. (Exhibit 1, Letter of Request)
Because this is a major subdivision, Planning Commission will be providing a recommendation to City
Council who will be the final authority for approval. A neighborhood meeting is not required prior to
the submission of an application for subdivision approval.
II. EXISTING CONDITIONS/PROPERTY HISTORY
Subject Property
The property contains an existing single family residence with associated out-buildings and grazing
land . The existing house was built in 1946 and will ultimately be removed as part of the site
development. The property is bounded by W. 38th Avenue on the south, and the Clear Creek greenbelt
open space on the north. The property slopes from southwest to northeast and is 15.054 acres in size.
There is an existing sanitary sewer line with a 30' easement which traverses the northern portion of the
property. The Lee-Stewart and Eskins ditches cross the property from the south side of 38th Avenue
by a diversion gate and continue north across the property to the bluff.
Property ownership stops at the bluff on the north end just behind the existing home. It does not
extend down the slope towards Clear Creek. The slope property was conveyed to Coors in the late
1960's and in 2000 became part of the Clear Creek greenbelt. (Exhibit 2, Aerial Photo)
Surrounding zoning and land use
The subject property is surrounded to the south, east and west by single family residential
neighborhoods. Adjacent zoning includes R-lA to the east and south, and R-1 and A-2 to the west.
(Exhibit 3, Zoning Map)
The property to the north is part of the Clear Creek greenbelt and open space area. The southern
portion of the greenbelt adjacent to the subject property is designated as a conservation area in the
City's Open Space Management Plan. North of the creek is a hard surfaced trail and south of the
creek is a soft surfaced trail , both of which are heavily used. The Risdon Ditch is located in the open
space area to the northeast of the subject site.
Several reservoirs are located within the Clear Creek open space corridor, most of which were once
gravel pits and are now used for water storage by Coors. Bass Lake (the closest to the property) is part
of the conservation area and features a recently completed Watchable Wildlife Boardwalk on the
southern side of the lake. An endangered plant species, the Ute Ladies'-Tresses Orchid, has been
identified growing in this general area and cannot be negatively impacted by the proposed
development activity. (Exhibit 4, Site Photo~
Planning Commi ssion
W S-12-0 1/Doud O verlook
2
Approved Outline Development Plan
The property was rezoned from A-2 and R-1 to PRD with an Outline Development Plan (ODP)
pursuant to Case No. WZ-07-06. The ODP, which contains five sheets, sets the allowed uses and
development standards for the property. It also contains a conceptual layout of the property, typical
architectural elevations and a landscape plan. (Exhibit 5, Approved ODP document)
The following is a general description of the approved Doud Overlook ODP. The recorded ODP
shows a total of 53 residential lots with a net density (excluding street rights-of-way) of 4.5 units per
acre. The conceptual lot layout showed lots in the middle of the subdivision smaller in size with lots
around the perimeter being larger to more closely reflect adjacent R-1 zoning on the west and R-1 A
zoning on the east.
Design standards in the approved ODP include setbacks generally 20' on the front, 15'-20' on the rear
and 7.5 '-1 0' side setbacks. Architectural features include staggered front yard setbacks and structure
elevations with at least 64% stone, brick or stucco on the front facade, with a four-foot high
wainscoting of the same material on the side and rear first floor elevations. The side elevations for
comer lots must meet the front elevation requirements. Identical house models may not be located on
adjacent lots or across the street. Accessory structures and boat and RV parking are not permitted in
the development.
Interior fencing follows the regular fencing standards in Chapter 26. The perimeter fence is upgraded
in design to 6' high solid vinyl fencing with masonry pillars interspersed. The fence along W. 381h
Avenue will be solid masonry with decorative columns.
III. PLAT DESIGN
The proposed plat document is comprised of three sheets. (fixhibit 6, Plat Document) Sheet 1 is the
declaration page and contains the legal description, required signature blocks for recording and notes.
The notes, among other things, contain the city's standards language regarding easements and
detention pond maintenance. There are also notes pertaining to Tracts A, B, C, D and E. Tracts B -E
are common elements in the subdivision which will be maintained by the Homeowners' Association
(HOA). Tract A was created for the conveyance of the right-of-way for 38th Avenue to the City. The
location of these tracts can be viewed on Sheet 2 of the plat document.
Sheet 2 contains the layout ofthe subdivision. The development will access W. 38th Avenue via a
single roadway. Internal circulation includes a looped road with three short cui-de-sacs extending
from it on the west side. All roads will be dedicated as public-right-of-way.
The plat shows 53 lots which vary in size from a minimum of6920 square feet in the interior ofthe
development to just over 16,000 square feet. The larger parcels are located around the perimeter for
consistency with the lot sizes in the adjacent subdivisions. Lots running along the eastern perimeter
are an average of9600 square feet in size to be close in size with McLaughlin's Subdivision which is
zoned R-IA. Likewise, lots along the western perimeter average 13,000 square feet in size to more
closely match lot sizes to the west zoned R-1.
A 30' wide sanitary sewer easement traverses the northern portion of the property. The line will be
relocated to run in West 39th Place, so a portion of the existing easement must be vacated by separate
instrument. Easements for this sewer line are still required at the eastern and western sides of the
Planning Commission
WS-12-0 1/Doud Overlook
3
subdivision and have been provided . A 1 0' wide Public Service (Xcel Energy) easement running from
38th A venue north to 39th Place will be vacated by separate document.
Sheet 3 of the plat document is intended to represent buildable envelopes for the proposed subdivision
and also as an addressing plan. Addresses need to be added to this sheet prior to plat recordation.
Street design
West 38th Avenue running along the southern property line is designated as a minor arterial and is
planned to have 82' of right-of-way. The street improvements will include vertical curb and gutter, an
accel/decellane on the north side with bike lanes and a 6' wide separated sidewalk on both sides with
a landscaped street lawn. A right-of-way dedication in the amount of 12 ' on the north side of 38th
A venue will be required to encompass all of these improvements.
The entry into the subdivision will have 60' of right of way with tree lawn and separated sidewalks on
both sides. A landscaped median island will be included in the center of the entrance. The interior
streets in the subdivision will have 50' of r-o-w with mountable curb and a 4 ' wide sidewalk on one
side (exterior side). Tree lawns will be provided on both sides.
The HOA will be responsible for maintenance of Tracts Band C (landscape buffers along the north
side of 38t h transitioning to the subdivision entrance at Tabor Court) and the landscaping in the
entrance median island. Additional maintenance responsibilities by the HOA will be the landscaped
median in the subdivision entrance, Tract D (surface improvements of the detention pond) and Tract E
(emergency entrance from 38th Avenue between Lots 3 and 4). Staff will require review ofthe HOA
covenants prior to plat recordation.
Storm drainage design
The subdivision storm sewer system has been designed to provide collection and conveyance of storm
flows for both off-site existing conditions and on-site developed conditions. There is currently a
substantial amount of off-site storm drainage flows generated from the neighborhoods to the west and
south which must be accommodated and conveyed across the property to Clear Creek. The storm
water currently moves across the site to the north and sheet flows down the face of the bluff.
With development of the property and improvements made in 38 1h Avenue, these off-site flows will be
captured by inlets at a low point at the Tabor Court intersection and then travel towards the proposed
detention pond at the very northeast corner of the development. All site generated drainage will b e
collected by various inlets throughout the subdivision to storm sewers in the street right-of-way and
conveyed to the same detention pond at the northeast corner. From the pond, the stormwater enters a
manhole and pipe bored into the slope and is released in the Clear Creek greenbelt open space.
The City has requested the developer upsi z e the pipe to accommodate future regional flows , the cost of
which will be financially subsidized by the City. Because the storm sewer system conveys regional
drainage flows , the vertical pipe and improvements in the Clear Creek open space area will be
maintained by the City. A temporary construction easement is being pursued by the applicant with the
City's assistance through Jefferson County Open Space.
Sanitary sewer service
The property is curre ntly not located in a sanitary sewer di strict. T he developer has ~etition ed to
Westridge Sanitation for inclusion into the district. A sanitary sewer upgrade in 38t Avenue will be
needed to accommodate the development, the co st of which will be shared between the developer and
the sanitation district. Construction obli gation negotiations between the se wer di strict and developer
Planning Commis io n
W S-12-0 1/Doud O verl ook
4
continue. The sewer district has been working with the City to finalize the sewer line construction in
38th Avenue.
IV. AGENCY REFERRALS
All affected service agencies were contacted regarding their ability to serve the property. The
developer will be responsible for any needed upgrades to accommodate the proposed development.
Specific referral responses follow.
Consolidated Mutual Water: Can serve the property with needed improvements. A water main
extension will be required.
Westridge Sanitation District: The sanitation district main line in 38th A venue does not currently
have adequate capacity to serve the subdivision. The district has been working with the City and the
developer to resolve this issue.
Wheat Ridge Police Department: Can serve.
Wheat Ridge Fire Protection District: Is requiring a secondary access from 38 1h Avenue which is
being provided by Tract E. All street widths and corner turn radii have been approved. Installation of
fire hydrants will be required.
Wheat Ridge Public Works: The Public Works Department has reviewed a final storm drainage
report and has asked for minor corrections in the area outletting into the greenbelt. The original traffic
study was reviewed and it was determined that 38 1h Avenue has adequate capacity to serve the
subdivision with required improvements.
Wheat Ridge Parks and Recreation Department: Fees in lieu of land dedication will be required
for parkland needs. The amount will be based on the anticipated value of the land after land
entitlements have been approved and subdivision improvements have been installed. This valuation
will be detennined by a certified appraiser, the cost of which will be born by the applicant at the time
of subdivision platting. The fees will be required prior to issuance of building permits for home
construction on the property.
VI. STAFF CONCLUSION
Staff concludes that the proposed plat is consistent with the design concepts demonstrated on the Doud
Overlook ODP document. Staff further concludes that all requirements of Article IV of zoning and
development code have been met. For these reasons, a recommendation of Approval is given for Case
No. WS-12-01 with conditions itemized in the Option A recommended motion.
Vll. RECOMMENDED MOTIONS
OPTION A:
"I move to recommend APPROVAL of Case No. WS-12-01, a request for approval of a fifty-three lot
major subdivision plat for property located at 11885 W. 38th Avenue, for the following reasons:
1. The proposed plat is consistent with the design concept approved in the Doud Overlook zone
change and ODP approval.
Planning Commission
WS-12-01/Doud Overlook
5
2. All requirements of the subdivision regulations have been met.
3. Utility districts can serve the property with upgrades at the developer's expense.
With the following conditions:
1. Property addresses be added to Sheet 3 of the plat document prior to recordation.
2. The HOA covenants be provided for staff review prior to plat recordation.
3. The developer continue working with Jefferson County Open Space and the City regarding
protection of the Ute Ladies' Tresses orchid populations and procurement ofthe temporary and
permanent easements in the open space area.
4. Prior to plat recording, adequate assurance must be in place with Westridge Sanitation District
on their ability to serve the property.
5. The property be assessed for fees in lieu of parkland dedication based on the appraised value of
the land after land entitlements have been approved. Said fees to be paid prior to recordation
ofthe subdivision plat.
6. The developer enter into a City standard subdivision improvement agreement with required
security prior to recordation of the subdivision plat."
OPTIONB:
"I move to recommend DENIAL of Case No . WS-12-01 , a request for approval of a fifty-three lot
major subdivision Plat for property located at 11885 W. 38th Avenue, for the following reasons:
1.
2.
3."
Planning Commi ssion
WS-12-0 1/Doud O verlook
6
EXHIBIT 1 · APPLICANT LETTER
Doud Overlook
City of Wheat Ridge
SUBDIVISION: MAJOR I
FINAL PLAT
PROJECT DESCRIPTION
• Vicinity : The north side of West 38,. Avenue generally located between imms Coun and
Union Coun
• Total Area : +/-15 Acres
• Existing Zoning : Approved Doud Overlook Planned Residential Development. Outline
Development Plan. An official development plan in the City of Wheat Ridge ,
Recorded on February 23 , 2009.
• Proposed Development : 53 lots for single family detached homes
INTENT
The intent is to obtain approvals for the development of single family detached homes in accordance with the
approved Outline Development Plan for the Doud Overlook .
As approved by the City of Wheat Ridge, the proposed single fa mil) development will complement the community
with homes that are similar in size and character to the surroundmg area. The proposed final plat and supporting
documents are intended to follow the approved plans as closely as possible. The only changes would be as required
to meet specific engineering criteria. Refinements to the approved design will be coordinated with the ity.
The site is intended to be developed and homes built by companies with extensive experience in the home building
industry. The specific developerlbuilder(s) have not been finalized as of the date of the pre-application submittal.
TI1e developer/builder team will be brought into the design and review process of the final plat to help assure the
final design details, architectural elevations, and the overall character of the developed site follows the approved
plans and the specific marketing requirements of the developers . The owner's team will bring the developer/builder
team to the City as early in the process as possible.
APPLICANT
Kent Carlson
Doud Overlook Holdings. LLC
12460 First t .
PO Box 247
Eastlake, CO. 80614
(303) 457-2966
K~nt a,'-'rl"'-"'n'-"r-'-la-"1'.....,"-!.!!"'-".w!'
PROJECT REPRESENTATIVE
ENGINEE R:
CIVIL ENGINEER AND SURVEYOR
Carroll & Lange -Manhard
Russ Burrows
7442 outh Tucson Way, Suite 190-A
Centennial, CO 80112
(303) 53 1-3213
d>urr_o_w '71 lm nl)ard.-£2ID
Planning Commission
WS-12-01/Doud Overlook
7
EXHIBIT 2: AERIAL PHOTO
Planning Commission
WS-12-01/Doud Overlook
8
03889
038!10
03853
03834
03837 t>
z
Q 03818
03837
03818
03821
03802
03805
Planning Commission
WS-12-0 1/Doud Overlook
EXHIBIT 3: ZONING MAP
11920
9
EXHIBIT 4: SITE PHOTOS
View north from 38th Avenue at entrance drive
Planning Commission
W S-12-0 1/Doud Overlook
View of subdivision to the west
10
Planning Commission
WS -12-0 1/Doud Overlook
View of subdivision to the east
11
View northeast towards future detention pond area
Planning Commission
W S-12-0 1/Doud Ove rl ook
View north into open space
12
View northwest into open space/pond area
Planning Commission
W S-12 -0 1/Doud Overlook
View south towards 38 1h Avenue
13
View south on drive towards 381h A venue
Planni ng Commissio n
W S-12 -0 1/Doud Overlook
14
Planning Commission
WS -12-01/Doud Overlook
View west on 38th Avenue
View east on 38th A venue
15
... ~A <I
.... ~ City of
?\VheatRi_dge
PLANNING COMMISSION
Minutes of Meeting
February 21, 2013
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair TIMMS at 7:02p.m. in the City Council
Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent:
StaffMembers Present:
3. PLEDGE OF ALLEGIANCE
Amanda Weaver
Anne Brinkman
Dick Matthews
Monica Duran
Scott Ohm
Steve Timms
Tracy Guildner
Alan Bucknam
Meredith Reckert, Senior Planner
Mark Westberg, Project Supervisor
Kim Waggoner, Recording Secretary
4. APPROVE ORDER OF THE AGENDA
It was moved by Commissioner OHM and seconded by Commissioner GUILDNER
to approve the order of the agenda. Motion carried 7-0.
5. APPROVAL OF MINUTES -February 7, 2012
It was moved by Commissioner MATTHEWS and seconded by Commissioner
DURAN to approve the minutes of February 7, 2012, as written. Motion carried 7-
0.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
No one wished to speak at this time.
Planning Commission Minutes
February 2 1,2013
-1 -
Attachment 3
7. PUBLIC HEARING
A. Case No. MS-12-03: An application filed by Thomas R. Hawn for approval of a 2-lot
minor subdivision on property zoned Agricultural-One (A-1) and located at 4900
Robb Street.
This case was presented by Meredith Reckert. Ms. Reckert introduced Mark Westberg
who was present to help answer questions. Ms. Reckert then provided a brief
explanation on subdivision plats and the review process. She entered all pertinent
documents into the record and advised the Commission there was jurisdiction to hear
this case. She reviewed the staff report and digital presentation. Staff recommends
approval of the 2-lot minor subdivision.
Commissioner BRINKMAN asked what the allowable uses are for A-1 zoning. Ms.
Reckert replied single family residential, general farming, urban gardens and a variety
of special uses such as public horse stables and fish hatcheries.
Commissioner BRINKMAN asked why the ditch company wasn't one of the referral
agencies given the presence of a ditch on the property. Ms. Reckert stated typically
that isn't done unless some development was proposed. No development was
proposed. Commissioner BRINKMAN asked about the position of the rear lot line in
relation to the ditch. Ms. Reckert said the ditch is being accommodated as is and the
lot line is placed where it is because the common line that runs north and sound is an
acre.
Commissioner MA TIHEWS asked what triggers street improvements. Ms. Reckert
stated it depends on the nature of the request. With a plat, street width is reviewed and
if new construction is proposed, the City may require installation of curb, gutter and
sidewalk.
Commissioner WEAVER asked if the app li cant would keep the A-1 zoning for both
lots or if the vacant parcel would become a commercial property. Ms. Reckert stated
the A-1 zoning would not change and development on the rear lot would be difficult
due to the ditch and there is a substantial grade change ( 40 feet) which would require
fill. This is also a settlement of an estate. Discussion continued regarding the typical
treatment of ditches.
Commissioner TfMMS asked if the proposed subdivision will make the existing house
or the accessory structures non-conforming. Ms. Reckert stated no.
Tom Hawn
4900 Robb St., Wheat Ridge, CO
The applicant stated the reason for the application is to settle an estate and he would
like to preserve the house and avoid it being tom down and developed as commercial
Planning Conunission Minutes
Febtllary21, 2013
-2 -
property. By putting it on one acre it will be less attractive to developers. A historical
designation may help too. The applicant was unsure if the property would remain in the
family or be sold. There are no plans for development on the back property. It will
remain a community garden, horse stable, or an agricultural use.
Commissioner WEAVER asked if the applicant had considered creating a conservation
easement for the property. The applicant replied no.
Chair TIMMS closed the public hearing as no one wanted to speak on this case.
It was moved by Commissioner GUILDNER and seconded by Commissioner OHM
to recommend approval of Case No. MS-12-03, a request for approval of a 2-lot
minor subdivision on property zoned Agricultural-One (A-1) and located at 4900
Robb Street for the following reasons:
1. All requirements of Article IV of the zoning and development code have
been met.
2. The plat is consistent with the A-1 zone district development standards.
Motion carried 7-0.
Ms. Reckert stated that this case will go to City Council on March 25.
B. Case No. WS-12-01: An application filed by Kent Carlson for approval of a 53 -lot
major subdivision with dedications for property zoned Planned Residential Development
(PRD) and located at 11885 W. 38th Avenue.
This case was presented by Meredith Reckert. Ms. Reckert entered all pertinent
documents into the record and advised the Commission there was jurisdiction to hear this
case. She reviewed the staff report and digital presentation. Staff recommends approval
of the 53-lot major subdivision with dedications. Ms. Reckert pointed out a correction to
bullet number five on the recommended motions on page 6 of the staff report. The bullet
should read , ''The property be assessed for fees in lieu of parkland dedication based on
the appraised value of the land after land entitlements have been approved. Said fees to
be paid prior to the first building permit issuance."
Commissioner WEAVER asked why there is no proposed access to the greenbelt. Ms.
Reckert outlined several reasons including a 60 foot change in grade which would make
construction of an access very difficult. Additionally there are wetlands and a threatened
plant species in the area which require protection. Commissioner WEAVER asked about
the location of any additional access points . Ms. Reckert replied there is social trail
access behind Kullerstrand Elementary. This case was referred to the Parks and
Recreation Commission who recommended fees in lieu of land dedication in the
subdivision or off-site trail improvements.
Planning Commission Minutes
February 2 1,20 13
-3 -
Commission MATTHEWS asked if the design criteria for detached sidewalks and street
profiles will remain in effect. Ms. Reckert replied yes.
Commissioner BRINKMAN asked about the storm drain design for the project. Mr.
Westberg replied the stormwater is mostly piped; there is a pipe that is under Tabor Ct.
that goes from those inlets to the detention pond. The rational for the bore is that we
don't want to disturb the slope, which is another reason for not installing a trail to the
greenbelt
Discussion ensued regarding sanitary sewer service to the property. Ms. Reckert
indicated that the applicant has petitioned for inclusion to the Westridge Sanitation
District but the details for construction are still being worked out.
Commissioner BRINKMAN asked what staff will look for in the HOA covenants. Ms.
Reckert replied that staff is mostly concerned with adequate maintenance for the
common elements.
Commissioner DURAN asked what kind of privacy fencing will be between the existing
subdivisions on either side. Ms. Reckert replied that the approved ODP plan called for a
6' high vinyl or plastic fence with brick columns interspersed.
Chair TIMMS asked whether staff would review the landscaping for the tracts. Ms.
Reckert indicated that staff will review the plans subsequent to plat approval and prior to
installation of public improvements. This would include the emergency access located in
Tract E. It is anticipated that that it will be 20 feet wide, asphalt or concrete and fenced.
Discussion continued regarding irregularly shaped lots and location of the front property
lines. Ms. Reckert replied the front lot line is determined by the public street from where
access IS gam.
Kent Carlson, 12460 ]51 Street, Eastlake, CO 80614
Mr. Carlson stated the team in attendance includes Russ Burrows, Civil Engineer with
Carroll & Lange-Manhard and Craig Campbell with Standard Pacific Homes. The
current property owners, Doug and Chris Jenks, are in attendance as well. Mr. Carlson
indicated that he is familiar with the history of the zone change and negotiations with the
neighborhood and is trying to honor that plan. There are minor changes proposed due to
emergency access, street alignment and pond configuration. Mr. Carlson acknowledged
that the current sanitary sewer line in 381h Avenue does not have capacity to serve the
development and that they are continuing to work with Westridge Sanitation on inclusion
and line upgrades.
CHAIR TIMMS opened the public hearing.
Barry Knott, 3911 Simms Ct.
Mr. Knott asked if there was proposed fencing between the greenbelt and the lots on the
north end of the subdivision and in the detention pond. He expressed concern about
safety and easy access to these areas by children.
Planning Commission Minutes
February 21 , 2013
-4 -
Steve Labriola, 11920 W. 38th Ave.
Mr. Labriola emphasized to the Commission that this needs to be a quality development
consistent with the existing neighborhoods to the east, west and south. He would like to
see trail access to the greenbelt or a pocket park incorporated into the subdivision.
Ian Yewer, 11654 W. 40th Circle
Mr. Yewer lives close to the detention area and had questions about fencing in this area.
He expressed concern about existing dead trees located on the ridge line.
Steve Trefz, 11662 W. 39th Circle
Mr. Trefz lives in the subdivision to the east and expressed concern regarding impacts to
their views of the mountains. He would like to see the lots on the east side of the
proposed development off-set from property lines to the east. He is concerned that the
detention pond may attract mosquito populations and finally, if no access is provided to
the greenbelt it could result in more use of the access in their subdivision.
Tony DiPaolo, 11663 W. 39th Circle
Mr. DiPaolo lives in McLaughlin's Applewood Subdivision which is the subdivision to
the east. He indicated that during the zone change process in 2008, the developer worked
primarily with the residents on the west side, not the east. He was not sure that residents
in McLaughlin's were adequately represented in negotiations.
Kenneth Asbury, 3882 Union Ct.
Mr. Asbury lives in the subdivision to the west and indicated that the McLaughlin's HOA
president was present during the discussions with the developer. He wondered if both
single and two story homes could be built in this development. He would like the
perimeter fence in place prior to construction activity on the property.
Elisha Noy, 11880 W. 38th Avenue
Mr. Noy inquired about the type of homes being built and whether they would all be
single family. He also wondered about the height, square footage and architectural
materials for the homes.
Commissioner DURAN asked if there was access to the greenbelt from the other housing
development to the west Ms. Reckert stated that there was not.
Commissioner BRINKMAN asked about the proposed detention pond. Mr. Westberg
stated there is a drainage swale along the east property line of the proposed subdivision
that will convey all the water from the east down towards the pond.
Commissioner BRINKMAN inquired about the alignment of the lots and whether there
was any discussion with staff regarding the alignment. Ms. Reckert stated that this was
not one of the specifications on the approved ODP.
Planning Commission Minutes
February 21,2013
-5 -
Commissioner BRINKMAN asked if the city can stipulate when the perimeter fence can
be required to be built. Ms. Reckert stated it depends on how much disruption there will
be to the fence during construction.
Commissioner BRINKMAN inquired about emergency access and how it will look. Ms.
Reckert replied that these are typically 20 feet in width and hard surfaced with either
concrete or asphalt and gated.
Commissioner GUILDNER asked how many access points are there were on 38th Avenue
to the greenbelt. Ms. Reckert stated one in the subdivision to the east and a social trail
behind Kullerstrand Elementary. There are also trailheads at Miller Street and
Y oungfield. Access is also available from Prospect Park.
Commissioner WEAVER stated that there are issues related to lack of accesses to the
greenbelt and that it needs to be addressed. Mr. Westberg stated that it would be best
addressed by someone on the Open Space Management Team. The Parks Department
prefers trailheads that are designated with good access points. These questions could be
best answered by the City Parks Department but perhaps the fees in lieu of parkland
dedication for this subdivision could be used to assist in this area.
Discussion continued regarding access to the greenbelt and whether it is appropriate at
this location. Ms. Reckert stated this particular area is designated as conservation area
and that there are different areas within the greenbelt for active recreation. They are also
federally mandated protections of the Ute Ladies' Tresses Orchid and wetlands.
Chair TIMMS asked whether the Comprehensive Plan designation for the property is
single family detached residential. Ms. Reckert stated that is correct. Chair TIMMS
asked if there was a maximum height and minimum square footage requirement. Ms.
Reckert stated the height maximum is 35 feet which is consistent with the neighborhoods
to the east, west & south. There are no specifications on minimum building size but
architectural standard are in place to ensure good quality standards. There are no
restrictions for certain areas for ranch or two story homes and the requirement for
perimeter fencing is a vinyl fence with brick pillars interspaced on the sides. A six foot
masonry wall is proposed along 3 gth A venue.
Chair TIMMS asked if the city has a tree preservation ordinance in place. Ms. Reckert
stated no , but many of the dead trees along the bluff will be removed due to equipment
staging and construction.
Chair TIMMS asked about the depth of the pond. Mr. Westberg didn 't know the depth
of the pond off-hand but it is planned to be a dry pond. The HOA will be responsible for
maintenance.
Planning Commission Minutes
February 21 ,201 3
-6 -
Discussion ensued regarding the Parks and Recreation Commission's recommendation
for fees in lieu of a parkland dedication. Ms. Reckert indicated that she feels staff and the
Commission should honor the Parks Commission's recommendation.
Commissioner BRINKMAN asked the applicant when the perimeter fence will be built.
The applicant stated the fence usually comes in after the overlot grading and street
improvements but prior to the building permits for the houses.
A question was asked about the depth of the detention pond. Mr. Burrows stated the
pond has been designed in accordance with Urban Drainage's standards. It will be about
7' deep and will serve not only the proposed subdivision but existing subdivisions to the
south.
Chair TIMMS asked the applicant if the roads ways will be constructed initially. The
applicant stated yes. He also stated that the 381h A venue sewer line improvements are not
in front of the property but to the east extending from Simms to Rob b. There will be no
disruption to the streets within the subdivisions east and west.
Craig Campbell, Standard Pacific Homes
Mr. Campbell thanks the staff for their hard work on this project and all the nearby
homeowners for their input. The proposed single story homes will be 2500 sq. ft. with an
additional basement opportunity. Two story homes will be up to 3800 sq. ft.in size. The
estimated build out will be about 3years.
The values of the homes are market driven but it is anticipated that they will sell in the
range of $500,000 to $650,000.
Commissioner OHM asked if there was a fence proposed on the north side. The
applicant stated they had planned for a fence on those northern property lines to be an
open rail design with low maintenance mesh so the views down to the greenbelt aren't
obstructed.
Chair TIMMS closed the public hearing.
If a positive motion were to be made, Commissioner WEAVER recommended the
following condition: "Due to lack of current access to green and park space in this area
that park fees taken from this subdivision stay between this 38th Avenue corridor area
between Kipling and Youngfield for the creation of new parks and/or the upgrade of
current parks and open space".
It was moved by Commissioner WEAVER and seconded by Commissioner
MATTHEWS to recommend approval of Case No. WS-12-01, a request for approval
of a 53-lot major subdivision with dedications for property zoned Planned
Residential Development (PRO) and located at 11885 W. 381h Avenue for the
following reasons:
Planning Commission Minutes
February 21 ,2013
-7 -
1. The proposed plat is consistent with the design concept approved m the Doud
Overlook zone change and ODP approval.
2. All requirements of the subdivision regulations have been met.
3. Utility districts can serve the property with upgrades at the developer's expense.
With the following conditions:
1. Property addresses be added to Sheet 3 of the plat document prior to recordation.
2. The HOA covenants be provided for staff review prior to plat recordation.
3. The developer continue working with Jefferson County Open Space and the City
regarding protection of the Ute Ladies' Tresses orchid populations and procurement
of temporary and permanent easements in the open space area.
4. Prior to plat recording, adequate assurance must be in place with Westridge
Sanitation District on their ability to serve the property.
5. The property be assessed for fees in lieu of parkland dedication based on the
appraised value of the land after land entitlements have been approved. Said fees to
be paid prior to the first building permit issuance.
6. The developer enter into a City standards subdivision improvement agreement with
required security prior to recordation of the subdivision plat.
7. Due to lack of current access to green and park space in this area that park fees taken
from this subdivision stay between this 381h A venue corridor area between Kipling
and Youngfield for the creation of new parks and/or the upgrade of current parks and
open space.
Motion carried 7-0.
Ms. Reckert stated that this case will be heard by City Council on April 8, 2013.
9. Staff Business
Ms. Reckert informed the Commission that Sarah Showalter has resigned to accept a
position with the City of Denver as a Senior Planner and that her last day will be March
8th .
10. Adjournment
It was moved by Commissioner Brinkman and seconded by Commissioner Duran to
adjourn the meeting at 9:15p.m. Motion carried 7-0.
Steve Timms, Chair
Planning Commi ssion Minutes
February 21 , 201 3
Kim Waggoner, Recording Secretary
-8 -
~ '~ .. ~ .-City of
JP'WheatRi._dge
ITEMN0:2
DATE: April 8, 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 05-2013-AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT 6700 W. 44tb
A VENUE FROM RESTRICTED COMMERCIAL (RC) TO
MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-13-
01/CAMAROS PLUS)
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (3111 /2013)
~ ORDINANCES FOR 2N° READING (4/08/2013)
~ YES NO
ommum Devel City Manager
ISSUE: \
The applicant is requesting approval of a zone change from Restricted Commercial (RC) to Mixed
Use-Neighborhood (MU-N) for property located at 6700 W . 44th Avenue.
The proposed rezoning area includes two parcels, the total size of which is approximately
1.03 acres. The purpose of the zone change is to expand possible uses for the property.
Specifically, the applicant is proposing to purchase the property and relocate his automotive
restoration business to the east side of the existing building.
A zone change is the first step in the process. If the zone change request is approved, the proposed
use would require review of a Conditional Use Permit (CUP). Other than improvements to
landscaping and fencing, the applicant is not proposing any new development.
PRIOR ACTION:
Planning Commission heard the request at a public hearing on March 7, 201 3 and recommended
approval for the following reasons:
Case No. WZ-13 -0 I/Camaros Plus
Council Action Form
April 8, 2013
Page2
1. The proposed zone change will not adversely impact the public health, safety, or welfare.
2. The proposed zone change is consistent with the goals and objectives of the City's
Comprehensive Plan.
3. The proposed zone change is compatible with the surrounding area.
There were no recommended conditions of approval , and there was no testimony or objection by
any neighbor. The Planning Commission staff report and draft meeting minutes are attached .
FINANCIAL IMPACT:
The proposed zone change is not expected to have a direct financial impact on the City. Fees in
the amount of $1 ,17 5 were collected for the review and processing of Case No. WZ-13-01.
BACKGROUND:
The property is located at 6700 W. 44th Avenue in the northeast quadrant of the City, between
Pierce and Otis Streets. The property is currently zoned Restricted Commercial (RC) which
allows for various types of office uses and a limited range of neighborhood-oriented retail uses.
The primary structure on the property was originally built in 1979 and spans the two lots that
make up the subject property. The west side of the building is used for professional offices, and
the east side of the building includes a vacant warehouse space that was most recently used by
Lost and Found, Inc. for storage and warehousing.
Surrounding Land Uses
The site is surrounded to the north, east, and west by properties that are also zoned commercially.
To the east is a cigar shop, to the west is a legally nonconforming self-serve car wash, and across
the street to the north is a multi-tenant commercial building. At the northwest comer of Pierce and
W . 44th Avenue is Al's Pine Garden and Nursery on a 3.5-acre parcel with split zoning.
Immediately to the south is a residential neighborhood zoned Residential-Two (R-2).
Current and Proposed Zoning
The current and proposed zone districts are very similar as RC and MU-N were both established to
provide for neighborhood-serving commercial uses. A notable difference, however, is in the
treatment of auto-oriented businesses. In the Restricted Commercial zone district, auto-related
businesses are not permitted-this includes auto parts sales, auto repair, and vehicle sales lots.
In the Mixed Use-Neighborhood zone district however, automotive businesses are classified
slightly differently and are permitted on a limited basis. Auto parts sales is classified generally as
retail sales and is permitted, provided gross floor area is 20,000 square feet or Jess. Other auto-
related uses are permitted to operate indoors as conditional uses.
The applicant's auto restoration business is not a permitted use under the current RC zoning, but
would be allowed as a conditional use under MU-N. The proposed bu s iness would occupy the
eastern portion of the site and would include a retail store, work area and indoor storage of
vehicles and parts . No outdoor storage is proposed or permitted in MU-N.
Council Action Form
April 8, 2013
Page 3
If a rezoning to MU-N is approved, the proposed business would require a Conditional Use
Permit. Review of a conditional use is an administrative process and includes consideration of site
design, business operations, and potential impacts on adjacent properties.
Guiding Documents
The proposed zoning is consistent with the policies and goals of the City's comprehensive pian-
Envision Wheat Ridge. The plan describes W. 44th Avenue as a Neighborhood Commercial
Corridor and specifically identifies the comer ofW. 44th and Pierce as a Neighborhood
Commercial Center. This intersection is envisioned as a small-scale, commercial cluster with a
mix of uses. A stated goal is to attract and promote small businesses, and the zone change
supports this goal by potentially enabling the relocation of a specialty business to Wheat Ridge.
The MU-N zoning also promotes the goal of protecting established residential neighborhoods with
design standards that address residential transitions.
Review Process
The application has been through the standard referral to City departments and outside agencies.
There were no objections, and no utility upgrades are required. At this time, the applicant is not
proposing any redevelopment of the property; a separate referral process would be required in the
future if redevelopment was to occur.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 05-2013 an ordinance approving the rezoning of property
located at 6700 W. 44th Avenue from Restricted Commercial (RC) to Mixed Use-Neighborhood
(MU-N), on second reading and that it take effect 15 days after final publication, for the following
reasons:
Or,
I. City Council has conducted a proper public hearing meeting all public notice requirements
as required by Section 26-1 09 of the Code of Laws.
2. The requested rezoning has been reviewed by the Planning Commission, which has
forwarded its recommendation.
3. The requested rezoning has been found to comply with the "criteria for review" in Section
26-112.E of the Code of Laws."
"I move to deny Council Bill No. 05-2013 an ordinance approving the rezoning of property
located at 6700 W. 441h Avenue from Restricted Commercial (RC) to Mixed Use-Neighborhood
(MU-N) for the following reason(s):
1. ...
and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council
consideration at the next available regular business meeting."
Council Action Form
April 8, 2013
Page4
REPORT PREPARED/REVIEWED BY:
Lauren Mikulak, Planner I
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
1. Council Bill No. 05-2013
2. Planning Commission Staff Report
3. Planning Commission Meeting Minutes, March 7 , 2013
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER JAY
COUNCIL BILL NO. 05
ORDINANCE NO. ___ _
Series of 2013
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 6700 W. 44th AVENUE FROM RESTRICTED
COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N)
(CASE NO. WZ 13-01/CAMAROS PLUS)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City's review and approval of requests for land use cases; and,
WHEREAS, Steven Pelletier has submitted a land use application for approval of
a zone change to the Mixed Use-Neighborhood zone district for property located at
6700 W. 44th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan-
Envision Wheat Ridge-which calls for a mix of land uses along neighborhood
commercial corridors such as W. 44th Avenue; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on March 7, 2013 and voted to recommend approval of rezoning the property to Mixed
Use-Neighborhood (MU-N),
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Steven Pelletier for approval of a zone change
ordinance from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N)
for property located at 6700 W. 44th Avenue, and pursuant to the findings made
based on testimony and evidence presented at a public hearing before the
Wheat Ridge City Council, a zone change is approved for the following described
land:
LOT 21, LIONEL SUBDIVISION AND LOT 22, LILLIAN'S FIRST ADDITION,
EXCEPT THAT PORTION OF LOT 22 CONVEYED IN INSTRUMENT
RECORDED SEPTEMBER 10, 1968 IN BOOK 2046 AT PAGE 393.
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge .
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and
Attachment 1
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 4. Severability: Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication , as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on
this 11th day of March, 2013, ordered it published with Public Hearing and consideration
on final passage set for Monday, April 8, 2013 at 7:00 o'clock p.m ., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 2013.
SIGNED by the Mayor on this ___ day of _______ , 2013.
ATIEST:
Janelle Shaver, City Clerk
1st publication: March 14, 2013
2nd publication:
Wheat Ridge Transcript:
Effective Date:
Jerry DiTullio, Mayor
Approved as to Form
Gerald Dahl, City Attorney
... ~·~
... #" City of .. ~Wheat&_dge ~OMMUNilY DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission CASE MANAGER: Lauren Mikulak
DATE OF MEETING:
CASE NO. & NAME:
ACTION REQUESTED:
March 7, 2013
WZ-13-01 I Camaros Plus
Approval of a zone change from Restricted Commercial (RC) to Mixed Use-
Neighborhood (MU-N)
LOCATION OF REQUEST: 6700 W. 441h A venue
APPLICANT(S): Steven Pelletier
PROPERTY OWNER(S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
First Bank
44 ,678 square feet (1.03 acres)
Restricted Commercial (RC)
Professional offices and warehouse
COMPREHENSIVE PLAN: Neighborhood Commercial Corridor
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN
(X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
LOCATION MAP
Case No . WZ-13-0 1 I Co mo ros Plus Attachment 2
SITE
All notification and posting requirements have been met; therefore , there is jurisdiction to hear this case .
I. REQUEST
Case No. WZ-13-0 I is an application by Steven Pelletier requesting approval of a zone change from
Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at
6700 W. 44 th Avenue f(Exhibit 1, Aerial .
The proposed rezoning area includes two parcels , the total area of which is approximately 1.03 acres.
The purpose of the zone change is to expand possible uses for the property including the option of an
indoor auto-oriented business . The applicant is proposing to purchase the property and relocate his
automotive restoration business, Camaros Plus , to the east side of the subject property.
The business is currently located in Arvada, but the applicant is seeking more space to provide
additional indoor storage. The business specializes in locating and providing specialty parts for
restoring early American cars and Camaros. Full vehicle restorations make up only a small portion of
the business ; the applicant completes about 5 to 6 high end full restorations per year. While restoration
does entail painting and installation of arts , the business is not based on providing traditional auto
repair and maintenance Exhibit 2, Letter o Re uest .
A z one change is the first step in the process for relocating the applicant 's business. If the zone change
request is approved , the proposed auto restoration use will require a Conditional Use Permit (CUP)
with site plan . An approved rezoning does not guarantee approval of a CUP. Review of a conditional
use is an administrative process and includes consideration of site design , business operations, and
potential impacts on adjacent properties.
II. EXISTING CONDITIONS
Subject Property
The property is located at 6700 W. 44th A venue which is in the northeast quadrant of the City, between
Pierce and Otis Streets. The property is currently zoned Restricted Commercial (RC) which allows for
various types of office uses including administrative, professional and personal services. The RC zone
district also provides for a limited range of retail uses which are neighborhood oriented . Currently , the
west side of the property is used for professional offices. The east side of the building is now vacant ,
but was most recently used by Lost and Found , Inc. for storage and warehousing. Code enforcement
records indicate at least three citations related to property maintenance issues since 2009.
The subject property is comprised of Lot 22 of Lillian 's I st Addition Subdivision and Lot 21 of Lionel
Subdivision. Based on Jefferson County Assessor records , the total size of the property is 44 ,678
square feet (1.03 acres). The existing building spans both lots and was originally constructed in 1979.
The warehouse space to the east and the two-story office space to the west are connected by an
enclosed hallway. A dilapidated accessory structure is located on the southeast corner of the lot , and
the applicant has proposed to remove it.
The property has frontage on three public streets: Otis , Pierce and W. 44th Avenue . Separate parking
lots on the east and west sides of the property serve each use area. The remainder of the parcel is
landscaped . The a licant has proposed improving the fence and landscaping along the southern
property line Exhibit 3, Site Photos .
Case o. WZ-13-01 I Co moros Plu s 2
Surrounding Zoning and Land Use
The site is currently zoned Restricted Commercial (RC) and is surrounded by a variety of land uses
and zoning. To the north , east, and west are properties also zoned RC. To the east is a small
commercial parcel with a cigar shop, to the west is a nonconforming self-serve car wash , and across
the street to the north is a multi-tenant commercial building. At the northwest comer of Pierce and
W. 44th Avenue is Al's Pine Garden and Nursery on a 3.5-acre parcel with s lit zoning. Immediately
to the south is a residential neighborhood zoned Residential-Two (R-2) Exhibit 4, Zonin Ma .
III. PROPOSED ZONING
The applicant is requesting that the property be rezoned to Mixed Use-Neighborhood (MU-N), a zone
district that is generally located along neighborhood main streets and at neighborhood commercial
centers. The zone district is established to encourage medium density mixed use development in
which residential and civic uses are permitted, in addition to a limited range of neighborhood-serving
commercial and retail uses.
Permitted Uses
The MU-N and RC zone districts are very similar as they both allow neighborhood serving commercial
uses. A notable difference, however, is in the treatment of auto-oriented businesses and outdoor
storage. In the Restricted Commercial zone district, auto-related businesses are not permitted. The
following is an excerpt from the permitted use table of Section 26-204:
l ·s<.• l~estricted Commercial
Auto service, repair, and maintenance, minor Not permitted
Auto service, repair, and maintenance, major Not permitted
Automotive parts and supplies sales Not permitted
Automobile and light-duty truck sales Not permitted
Car wash, automatic Not permitted
Car wash, coin operated Not permitted
In the Mixed Use-Neighborhood zone district, automotive businesses are classified slightly differently
and are permitted on a limited basis. Auto parts sales is classified generally as retail sales which is
permitted based on the gross floor area of the existing building being under 20,000 square feet. Other
auto-related uses are permitted indoors as conditional uses. The following table is an excerpt from
Section 26-1111, the permitted use table in the mixed use code:
l .Sl' :\1ixed t ·w-:\eighhorhood
Repair, rental and servicing of automobiles, no Conditional Use
outdoor storage
Motor vehicles sales, outdoor display Not permitted
Motor vehicle sales, indoor display Conditional Use
Retail sales -up to 20 ,000 gsf per tenant space Permitted
Car washes Not permitted
Case o. WZ-13-01 I Comoros Plus 3
In the Restricted Commercial zone district , outside storage is permitted if materials are screened in
accordance with Section 26-631 of the zoning code. In the Mixed Use-Neighborhood zone district, no
outdoor storage of any kind is permitted.
The applicant 's auto restoration business is not a permitted use under the current RC zoning, but would
be a conditional use under MU-N. The proposed business would occupy the eastern portion of the site
and would include a retail store, work area, and indoor storage of vehicles and parts. No outdoor
storage is proposed. If a rezoning to MU-N is approved the restoration component of the business
would require a Conditional Use Permit.
Development Standards
Other than improvements to landscaping and fencing , the applicant is not proposing any changes to the
site design or existing structure. If redevelopment were to occur in the future, however, the MU-N and
RC development standards are similar in terms of building height, build-to requirements , and
architectural standards. Subtle differences relate to setback, lot coverage , and landscaping
requirements.
The following table compares the existing and proposed standards that apply to the subject property:
'll"-:\ RC
Uses Allows new residential , commercial , or Allows limited commercial uses
mixed uses Does not allow automotive uses
Allows automotive uses with CUP Does not allow new residential uses
Architectural Determined by mixed use code Determined by Architectural and Site
Standards Design Manual {Traditional Overlay)
Building Height 35 feet if building has residential use 35 feet if building has residential use
(maximum) 50 feet for all other buildings 50 feet for all other buildings
Build-to Area 0-12 feet 0-12 feet
(applies along street
frontages) W. 44th Ave (primary frontage): 60% of W. 44th Ave (primary frontage): 50-60% of
build-to area contains building mass build-to area contains building mass
Otis or Pierce (secondary frontage): 30% Otis or Pierce (secondary frontage): 0-25%
of build-to area contains building mass of build-to area contains building mass
Rear setback I 0 feet for 1-2 story 1 0 feet for 1 51 story
(based on height) + 5 feet for each additional story + 5 feet for each additional story
Lot Coverage 90% for mixed use 80%
(maximum) 85% for single use
Landscape/ l 0% for mixed use 20%
Open Space 15% for single use
(minimum)
Case o. WZ-13-0/ /Camaros Plus 4
Given the proximity of single-and two-family homes south of the subject lot, it should be noted that
the mixed use code includes standards that protect existing residential properties. If the subject
property were to redevelop in the future under MU-N, the following regulations would apply:
• Screening is required wherever a parking lot abuts a residential use, including a 6-foot
landscape buffer and a 6-foot fence , wall , or hedge.
• The minimum rear setback is required to be landscaped.
• Buildings over 2 stories must provide a 5-foot step back for each additional upper floor.
• Any portion of a building within 100 feet of a residential use may not be taller than 4 stories.
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning
Commission shall base its recommendation in consideration ofthe extent to which the following
criteria have been met:
l. 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.
The proposed zone change promotes the health , safety, and general welfare of the community and
will not result in a significant adverse effect on the surrounding area. As outlined in the section
above, the existing and proposed zone districts have similar development standards and permitted
commercial uses.
The zone change will allow for limited automobile uses which are not currently permitted. While a
traditional auto-oriented business may be inconsistent with the adjacent residential uses, the MU-N
zoning requires business functions to occur primarily indoors and be subject to CUP review. These
requirements will help to ensure minimal impacts on the neighborhood if there is a change of use
subsequent to the zone change.
Staff concludes that this criterion has been met.
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.
Adequate infrastructure currently serves the property, and no new development is proposed at this
time. lfthe property is redeveloped in the future under MU-N zoning, a site plan application
would be required and referred to all impacted utility agencies. In the event that current capacity is
not adequate for future development or for a change in use, the property owner or developer would
be responsible for utility upgrades.
Staff concludes that this criterion has been met.
Case No. WZ-/3-01 /Ca maros Plus 5
3. The Planning Commission shall also find that 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
related policies or plans for the area.
The proposed zoning is consistent with the policies and goals of the City 's 2009 comprehensive
plan, Envision Wheat Ridge.
West 44 1h Avenue is a primary east-west thoroughfare in the City which is classified as a minor
arterial and is commercial in character. The plan identifies the roadway as a Neighborhood
Commercial Corridor which is envisioned as a small-scale, pedestrian-friendly, mixed-use
corridor Exhibit5,Com rehensive Plan).
More specifically, the comprehensive plan identifies the intersection of W. 44 1h Avenue and
Pierce Street as a Neighborhood Commercial Center. This designation recognizes the area as a
commercial cluster which should have a mix of uses that promotes niche business
opportunities. The plan establishes a clear goal of attracting and promoting small businesses,
and the zone change would support this by potentially enabling the relocation of a specialty
business to Wheat Ridge.
In contrast to the commercial character of W. 44th A venue, properties to the south make up an
established, low-density residential neighborhood. A stated goal in the comprehensive plan is
to maintain and enhance the character of the City's established neighborhoods. The Mixed
Use-Neighborhood zone district promotes this goal by incorporating standards which require
enhanced setbacks, additional landscaping, and upper story step backs for new development.
Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the City
of Wheat Ridge is in error.
Staff has not found any evidence of an error with the current Restricted Commercial (RC)
zoning designation as it appears on the City's zoning maps.
Staff concludes that this criterion is not applicable.
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.
Staff find s no evidence of any si gnificant changes in the area. The z one change request from
RC to MU-N ne ith e r respond s to nor results in a notable change of character.
Staff concludes that this crite rion is not applicable.
Case o. WZ-13 -0 1 I a maros Plus 6
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.
The comprehensive plan identifies W. 44th A venue as a Neighborhood Commercial Corridor
and the rezoning to MU-N supports this vision. The proposed rezoning does not relate to an
unanticipated need.
Staff concludes that this criterion is not applicable.
V. NEIGHBORHOOD MEETING
Prior to submittal of an application for a zone change, the applicant was required to hold a
neighborhood input meeting in accordance with the requirements of section 26-109.
A meeting for neighborhood input was held on January 23 ,2013. Six ople from the neighborhood
were in attendance and no specific concerns were expressed Exhibit6, Neighborhood Meeting Notes).
VI. AGENCY REFERRAL
AH affected service agencies were contacted for comment on the zone change request and regarding
the ability to serve the property. Specific referral responses follow:
Wheat Ridge Public Works: No concerns.
Wheat Ridge Police: No concerns.
Xcel Energy: No objections, contingent upon maintaining a11 existing rights and ability for future
expansion.
Wheat Ridge Sanitation District: No objections; the applicant has been notified that the district may
require an oil/sand separator depending on proposed business operations.
Comments received relate only to the zone change request. No comment was received from the water
district. The applicant has been in direct contact with the fire district, Economic Development
Division, and Building Division regarding the proposed use. A separate referral process wi11 be
required if a Conditional Use Permit is requested.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change promotes the health, safety, and general welfare of the
community and will not result in a significant adverse effect on the surrounding area. Staff further
concludes that utility infrastructure adequately serves the property, and the applicant will be
responsible for upgrades , as needed, with future development or change in use. Fina11y, staff
concludes that the zone change is consistent with the Comprehensive Plan by promoting a mix of uses
along a neighborhood commercial corridor while still protecting adjacent residential development.
Case No . WZ-13-01 /Camaros Plus 7
Because the zone change evaluation criteria support the zone change request , staff recommends
approval of the request.
Vlll. SUGGESTED MOTIONS
Option A:
"I move to recommend APPROVAL ofCase No . WZ-13-01 , a request for approval of a zone change
from Restricted Commercial to Mixed Use-Neighborhood , for property located at 6700 W. 44th
A venue, for the following reasons:
1. The proposed zone change will not adversely impact the public health , safety or welfare.
2. The proposed zone change is consistent with the goals and objectives of the City 's
Comprehensive Plan .
3. The proposed zone change is compatible with the surrounding area.'
Option 8:
"I move to recommend DEN lAL of Case No . WZ-13-0 1, a request for approval of a zone change from
Restricted Commercial to Mixed Use-Neighborhood , for property located at 6700 W. 44 th Avenue , for
the following reasons:
I.
2.
3.
Case No . WZ-13-0 1 /Comoros Plu s 8
EXHIBIT 1: AERIAL
Case o. WZ-I 3-0 I I Comoros Plus 9
EXHIBIT 2: LETTER OF REQUEST
To whom it may concern 1/24/13
This letter is to summarize my i nformation for the Zone change request for 6700 w . 44111 ave location .
I'm requesting a zone change from RC to MUN at this location for the purpose of owning and occupying
the building for my business Camaros Plus . We have been in business for 23+ years and would like to
move into the city of Wheatridge.The Zone change to MUN would allow for light Automotive which
would allow me to operate in this location. There would be no physical changes to the exterior of the
building with minor changes on the inside. The zoning is consistent with other bullding.s along the 44th
corridor. Access for the current curb cuts and side streets is more than adequate and I won't be asking
for any changes to the current parking lot lay out. The impact on public services will be minimal since we
dispose of own garbage etc. The customer base is made up of older professionals requ iring no visits or
help from local police In the last 23 yrs . (we don't have incidents at our business).AII delivery's and
customer interaction will take place in our own parking lot so there will be NO IMPACT to the
surrounding bus inesses or neighbors for parking or access on the side streets anytime, day or night.J also
understand that the RC to MUN change has no outdoor storage and I will not require any outdoor
storage being I own a storage lot in Arvada only 2 miles away. We run a low key business with 2 full
time/ 1 part time employee and myself at the location everyday.
Thank You
Steven T. Pelletier
Case o. WZ-13 -01 /Camaros Plus 10
EXHIBIT 3: SITE PHOTOS
This panoramic image shows the subject property from W. 44 Avenue looking south. The eastern
(left) side of the property includes warehouse and office space which the applicant is seeking to
occupy. The western (right) side of the property is used for professional offices. The two buildings
are connected by an enclosed hallway.
View of the subject property looking south from W.
Case No . WZ-13-01 /Comoros Plus II
View of the east fatyade of the building. This fac;ade includes several pedestrian and roll -up doors .
Looking west at the southern property line which is shared with a single family home z oned R-2 . The
applicant ha s proposed an enhanced buffer in this area such as improved fencin g and new landscaping.
Case o. WZ-13 -0 1 /Comoros Plus 12
EXHIBIT 4: ZONING MAP
Case No . WZ-13-0 1 !Camaros Plus 13
EXHIBIT 5: COMPREHENSIVE PLAN
The following images are excerpts from the City's 2009 comprehensive plan Envision Wheat Ridge.
West 44th Avenue is identified as a Neighborhood Commercial Corridor, and more specifically the
intersection at Pierce Street is described as a Neighborhood Commercial Center.
Primary •• Neighborhooc
Commercial Commercial Neighborhoods
"'" Corridor-Corridor ,.,...,.,... I'Wc.fl:
~~ '" Community Neighborhood
Primary "'"' Commercial Commercial
Gateway Center Center
Case 1o. WZ-13-0 1 /Camaros Plus 14
EXHIBIT 6: NEIGHBORHOOD MEETING NOTES
Meeting Date:
Attending Staff:
Location of Meeting:
Property Address:
Applicant:
Property Owner(s) Present?
Existing Zoning:
Existing Comp. Plan:
Existing Site Conditions:
NEIGHBORHOOD MEETING NOTES
January 23 , 2013
Lauren Mikulak, Planner I
City of Wheat Ridge Municipal Building
7500 W. 29th Avenue
Wheat Ridge, CO 80033
6700 W. 44th Avenue
Steven Pelletier
No (property is bank owned, applicant is under contract)
Restricted Commercial (RC)
Neighborhood Commercial Corridor
The property is located at 6700 W. 44th Avenue on the south side of the street between Pierce and
Otis. The site is zoned Restricted Commercial (RC) and is surrounded by a variety of land uses and
zoning. To the north, east, and west are properties also zoned RC. Immediately to the south is a
residential neighborhood zoned Residential-Two (R-2).
The subject property is comprised of Lot 22 of Lillian 's I st Addition Subdivision and Lot 21 of Lionel
Subdivision. Based on Jefferson County Assessor records, the total size of the property is 44 ,678
square feet (1.03 acres). A two-story building spans both lots and was originally constructed in 1979.
The east side of the structure provides warehouse space and the west side is used as offices; the two
structures are connected by an enclosed hallway.
The property has frontage on three public streets: Otis, Pierce and W. 44th Avenue. Separate parking
lots on the east and west sides of the property serve each use area. The remainder of the parcel is
landscaped.
Applicant/Owner Preliminary Proposal:
The applicant, Steven Pelletier, is proposing to rezone the property in order to purchase the property
and relocate his automotive restoration business, Camaros Plus. The business is currently located in
Arvada, but the applicant is seeking more space to provide additional indoor storage.
Case No. WZ-13-01 !Camaros Plus 15
The following is a summary of the neighborhood meeting:
• Jn addition to staff and the applicant, six neighbors were in attendance, including:
Delphine Medina and her daughter-business owner at 6690 W. 44th A venue
John and Toni Alcamo-Owner and resident of 4365-4375 Otis Street
John Trujillo-4190 Pierce Street
Kris Shumwry-4330 Newland Street
• Staff explained the existing conditions on the site, the current zoning, and the surrounding land
uses and zone districts
• The applicant provided a detailed description of his business history, operations, and proposed
improvements for the property.
• The members of the public were informed of the process for a zone change.
• The members of the public were informed of their opportunity to make comments during the
process and at the public hearings.
• No specific concerns were expressed by the attending neighbors; all expressed hope that the
applicant maintains the property better than the previous owner.
• Prior to the meeting, staff received two phone calls from neighbors who had received the meeting
notification in the mail. There were no objections to the applicant s proposal at that time.
The following issues were discussed regarding the zone change request:
• Why does the zoning need to change?
The applicant has proposed a use that is not permitted under the current Restricted
Commercial zoning. The applicant is proposing to rezone to the Mixed Use-Neighborhood
(MU-N) zone district which would allow his business as a Conditional Use. In order to move
his business, the applicant would have to apply for a zone change, and then apply for a
Conditional Use Permit.
• What is the difference in types of businesses that are allowed under the current and proposed
zoning?
The two zone districts are very similar-both allow lower-impact commercial businesses such
as offices or neighborhood-oriented retail. One difference is that the current RC zoning does
not allow any type of automotive use, but the MU-N zoning would allow auto-oriented
businesses which are indoors.
• Will outdoor storage be allowed?
Outdoor storage is permitted in the current zoning if it is screened by a 6-foot fence . No
outdoor storage is allowed under the MU-N zoning.
• The applicant mentioned installing a new fence and landscaping, how will the City ensure that it is
installed?
Land uses applications can be approved, denied, or approved with conditions. If an
application was approved for a rez oning or a Conditional Use Permit, fencing or landscaping
could be required as conditions of approval.
Case o. WZ-13-01 /Camaros Plus 16
• Even though the applicant isn't proposing new development, what type of new development would
be allowed on the property under the MU-N zoning?
The current and proposed zoning would allow similar types of development. Under MU-N a
building could be up to 50 feet if it was entirely commercial or up to 35 feet if it included
residential uses. There are strict architectural standards which outline requirements for
materials, transparency, and variation. If the site completely redeveloped a new building
would need to be closer to the street.
• What is the maximum building height in the existing and proposed zone district?
Under the current and proposed zoning a building could be up to 50 feet if it was entirely
commercial or up to 35 feet if it included residential uses.
• How long will the process take?
A zone change request typically takes about 3 to 4 months.
• Can the applicant install an 8-foot fence along the southern property line?
City-wide standards limit fences and walls to 6 feet in height. A variance application would
have to be submitted for a fence that exceeds 6 feet.
• How does a conditional use permit work?
Each Mixed Use Zone District lists permitted uses and conditional uses. Permitted uses are
allowed uses "by right. " Conditional uses are land uses that may or may not be compatible
with the surrounding area and require additional review of the proposed use and site design to
ensure that there will be minimal impact.
If the zone change were approved, the applicant's proposed use would require an application
for a Conditional Use Permit. These are reviewed administratively, and staff typically reviews
a written narrative and site plan to consider the design of the property, the operation of the
use, and any potential impacts on adjacent properties
• What are the typical hours of operation?
The applicant explained that he has a small staff so hours vary slightly, but a typical schedule
is usually about 7a-5p. Sometimes the applicant stays later to complete office work.
Case o. WZ-13-01 /Camaros Plus 17
~~i~
... ~ City of
?W'heatR!._dge
PLANNING COMMISSION
Minutes of Meeting
March 7, 2013
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair TIMMS at 7 :04p.m. in the City Council
Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado .
2. ROLL CALL OF MEMBERS
Commission Members Present:
StaffMembers Present:
3. PLEDGE OF ALLEGIANCE
4. APPROVE ORDER OF THE AGENDA
Amanda Weaver
Anne Brinkman
Dick Matthews
Monica Duran
Scott Ohm
Steve Timms
Alan Bucknam
Tracy Guildner
Meredith Reckert, Senior Planner
Lauren Mikulak, Planner II
Kim Waggoner, Recording Secretary
It was moved by Commissioner MATTHEWS and seconded by Commissioner
OHM to approve the order of the agenda. Motion carried 6-0.
5. APPROVAL OF MINUTES -February 21, 2012
It was moved by Commissioner MATTHEWS and seconded by Commissioner
BRINKMAN to approve the minutes of February 21, 2012, as written. Motion
carried 6-0.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
Planning Commission Minutes
March 7, 2013 Attachment 3
- 1 -
7. PUBLIC HEARING
A. Case No. WZ-13-01: An application filed by Steven Pelletier for approval of a zone
change from Restricted Commercial (RC) to Mixed Use Neighborhood (MU-N) for
property located at 6700 W. 44th Avenue.
This case was presented by Lauren Mikulak. She entered all pertinent documents into
the record and advised the Commission there was jurisdiction to hear this case. She
reviewed the staff report and digital presentation. Staff recommends approval of the
zone change.
Ms. Mikulak also stated if the zone change is approved the applicant would follow-up
with an application for a Conditional Use Permit (CUP) for vehicle repair. Staff would
review the application at that time for business operations, site design and any potential
impacts. There would likely be an interior remodel in the building.
Commissioner DURAN asked if there was a plan to install a privacy fence on the south
side by the residential area. Ms. Mikulak stated a fence has been proposed but
specifics have not been discussed. This would be reviewed with the CUP application.
Commissioner BRINKMAN asked why we were reviewing old photos as the property
doesn't look like this now as there is a lot of trash and debris. Ms. Mikulak stated the
photos were taken when the case was submitted about four months ago. The applicant
doesn't currently own the property so he isn't responsible for removing it. If the CUP
is approved the condition of the site will be assessed. The outdoor storage would be
addressed as well.
Commissioner BRINKMAN asked about noise restrictions in the MU-N zoning. Ms.
Mikulak stated the City's noise and nuisance standards apply uniformly to any
commercial zone district.
Commissioner MATTHEWS asked if this case will go to City Council and inquired
about the process for the CUP. Ms. Mikulak stated this case will go to City Council on
April 8. The application for a CUP typically includes a written narrative with a
description of the business operations and specific criteria for the CUP. It includes the
site plan with the exterior use and in this case a floor plan so staff understands where
the different functions are occurring within the building particularly in proximity to the
neighborhood. There will be a referral to utility agencies and city departments for a
two week period. The review is administrative.
Commissioner WEAVER asked what the difference is between a parking lot and
outdoor auto storage. Ms. Mikulak replied outdoor storage applies to any materials or
tools and inoperable vehicles.
Chair TIMMS asked if staff would rather have the conditions of approval for
landscaping and fencing with the zoning or CUP and whether the applicant is looking
Pla1ming Commission Minutes
March 7 , 2013
-2 -
at purchasing both buildings. Ms. Mikulak replied the applicant is purchasing both
parcels.
Steven Pelletier
480 S. Garfield St., Denver, CO
The applicant stated the main business is the sale of parts and vehicle restoration is
minimal. A spray booth will be installed which will comply with all local and federal
guidelines. The applicant indicated that he would like to update the landscaping and
fencing on the south to increase buffering. The office space will be rented to
professionals.
The applicant continued to explain his operation; that all vehicles should fit inside the
building and storage of vehicles outside will be minimal.
Commissioner OHM expressed a concern of sight visibility for the circular drive on
Otis that the resident is using.
Commissioner BRINKMAN expressed her concern about there being only one address
on the building. Ms. Reckert stated that assigning a second address is an easy fix.
Chair TIMMS closed the public hearing as there were no members of the audience
wanting to speak.
It was moved by Commissioner OHM and seconded by Commissioner Matthews
to recommend approval of Case No. WZ-13-01, a request for approval of a zone
change from Restricted Commercial (RC) to Mixed Use Neighborhood (MU-N)
for property located at 6700 W. 44 111 Avenue for the following reasons:
1. The property zone change will not adversely impact the public health,
safety, or welfare.
2. The proposed zone change is consistent with the goals and objectives of
the City's Comprehensive Plan.
3. The proposed zone change is compatible with the surrounding area.
Motion carrjed 6-0.
Ms. Reckert stated that this case will be heard by City Council on April 8.
8. OTHER ITEMS
9. A. Election of Officers
Blind ballots were cast for Chair and Vice Chair by each member of the Commission.
Commissioner BRINKMAN was voted Chair and Commissioner OHM was voted
Vice Chair.
Planning Commission Minutes
March 7, 2013
-3 -
B. Other Business
Ms. Mikulak informed the Board of the second NW Subarea Public meeting on April
17. The first public meeting in February was well attended.
10. ADJOURNMENT
It was moved by Commissioner Matthews and seconded by Commissioner Duran to
adjourn the meeting at 7:53 p.m. Motion carried 6-0.
Steve Timms, Chair
Planning Commission Minutes
March 7, 2013
Kim Waggoner, Recording Secretary
-4 -
~ ~ '.,
-~ .,. City of • :P"WheatRi_dge
ITEMNO: 3,
DATE: April 8, 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 07-2013 AN ORDINANCE
EXTENDING A TEMPORARY MORATORIUM ON THE
SUBMISSION, ACCEPTANCE, PROCESSING, AND
APPROVAL OF APPLICATIONS FOR A PERMIT OR
LICENSE FOR ANY MARIJUANA ESTABLISHMENT OR
MARIJUANA CLUB
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
/~7
/ //
(..__"' ..
City Attorney
ISSUE:
D ORDINANCES FOR I ST READING (03/25/2013)
C8J ORDINANCES FOR 2ND READING (04/08/2013)
D YES
Following the passage of Amendment 64 on November 6 , 2012, the Council has not yet
established guidelines for marijuana clubs and marijuana establishments. This ordinance extends
the moratorium originally imposed by Ordinance 1533 , on March 11 on the submission,
acceptance, processing, and approval of all applications for City permits and licenses concerning
the operation of marijuana establishments or marijuana clubs. This ordinance will provide the
City staff with the time necessary to allow the City to develop appropriate policies.
PRIOR ACTION:
On March 11 , 2013 , the Council adopted an emergency ordinance imposing a moratorium on
marijuana clubs and establishments. That ordinance will expire 90 days from adoption, pursuant
to C harter Section 5.1 3. This ordinance repeals the em er gency ordinance and replaces it with a
standard moratorium extending to November 1, 2 01 3.
•
V :\Forms\CAFtemplate
Council Action Form
April 8, 2013
Page2
FINANCIAL IMPACT:
None
BACKGROUND:
On November 6 , 2012, the voters of the State of Colorado approved Amendment 64 to the
Colorado Constitution ("Amendment 64") regarding the personal use and regulation of
marijuana. The Colorado Department of Revenue must adopt regulations prior to July 1, 2013 for
the regulation of marijuana establishments. If the Colorado Department of Revenue fails to adopt
regulations by July 1, 2013 or fails to begin accepting applications for marijuana establishments
by October 1, 2013 , local governments may establish their own regulations for the same,
including restrictions on the time, place, manner and number of such establishments.
On January 28 ,2013 , City Council adopted an ordinance amending Section 16-131 and 16-133
of the Wheat Ridge Code of Laws so that they are consistent with state law as it pertains to the
possession of marijuana and the necessary paraphernalia to ingest or smoke the same.
This ordinance does not affect medical marijuana dispensaries or optional premises licenses for
cultivation of medical marijuana. Nor does the ordinance affect the City's licensing system for
primary caregivers.
RECOMMENDATION:
Staff recommends the extension of the moratorium on the submission, acceptance, processing,
and approval of any application for a City permit or license to operate a marijuana establishment
or marijuana club.
RECOMMENDED MOTION:
"I move to approve Council Bill No . 07-2013, an ordinance extending a temporary moratorium
on the submission, acceptance, processing and approval of any application for a City permit or
license to operate a marijuana establishment or marijuana club , on second reading and that it take
effect 15 days after final publication.
Or
"I move to postpone indefinitely Council Bill No. 07-2013, an ordinance extending a temporary
moratorium on the submission, acceptance, processing and approval of any application for a
City permit or license to operate a marijuana establishment or marijuana club for the following
reason(s) "
REPORT PREPARED BY;
Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 07-2013
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 07
Ordinance No. ___ _
Series 2013
TITLE: AN ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE
SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS FOR A PERMIT OR LICENSE FOR ANY MARIJUANA
ESTABLISHMENT OR MARIJUANA CLUB
WHEREAS, the City of Wheat Ridge is a home rule municipality operating under
a charter adopted pursuant to Article XX of the Colorado Constitution and vested with
the authority by that article and the Colorado Revised Statutes to adopt ordinances for
the regulation of land use and the protection of the public health, safety and welfare;
and
WHEREAS, on November 6, 2012, the voters of the State of Colorado approved
Amendment 64 to the Colorado Constitution ("Amendment 64") regarding the personal
use and regulation of marijuana; and
WHEREAS, Amendment 64 permits persons twenty-one years of age or older to
possess, use, display, purchase and distribute without remuneration one ounce or less
of marijuana, and to grow, process and transport marijuana plants; and
WHEREAS, Amendment 64 also contemplates the retail sale of marijuana
("marijuana establishments"), and establishes a time schedule under which such
establishments may be established and regulated by the state and/or local
governments; and
WHEREAS, the Colorado General Assembly will likely adopt statutes to
implement the provisions in Amendment 64 and address related matters during the
2013 legislative session; and
WHEREAS, state regulation of marijuana establishments is also dependent upon
the Colorado Department of Revenue adopting regulations for such establishments prior
to July 1, 2013; and
WHEREAS, if the Colorado Department of Revenue fails to adopt regulations by
July 1, 2013 or fails to begin accepting applications for marijuana establishments by
October 1, 2013, local governments may establish their own regulations for the same,
including restrictions on the time, place, manner and number of such establishments ;
and
WHEREAS, Amendment 64 permits local governments to prohibit marijuana
establishments at any time by ordinance, or by election on and after November 4, 2014;
and
Attachment 1
WHEREAS, relying on the authority in Amendment 64 for individual adult
consumption of one ounce or less of marijuana, establishments ("marijuana clubs")
have been created in other municipalities for the purpose of allowing members or
guests to consume marijuana or marijuana products on site; and
WHEREAS, the City Council has been made aware that staff has received
inquiries from persons that are interested in opening and operating such clubs in the
City; and
WHEREAS, if marijuana establishments or marijuana clubs were allowed to be
established and operate in the City without appropriate regulation, they may be located
in areas or under conditions that would conflict with the City's land use code, and may
be inconsistent with surrounding uses or otherwise be detrimental to the public health ,
safety and welfare; and
WHEREAS, the imposition of a moratorium to and through November 1, 2013,
on the submission, acceptance, processing, and approval of all applications for City
permits and licenses concerning the operation of marijuana establishments or marijuana
clubs is reasonable and will allow the City to develop appropriate policies and , if
needed , regulations concerning the same.
WHEREAS, the Council has previously enacted Ordinance 1533, Series 2013 ,
which imposed a temporary moratorium on the activities which are the subject of this
Ordinance ; it being the intention of the Council to extend that moratorium through the
adoption of this Ordinance.
THE COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ORDAINS:
Section 1. Findings. The foregoing findings are incorporated herein by
reference.
Section 2. Temporarv Moratorium. The moratorium established by
Ordinance 1533, Series 2013 is hereby extended and imposed on the submission ,
acceptance , processing , and approval of any application for a City permit or license to
operate a marijuana establishment or marijuana club under any basis , including Article
XVIII Section 16 of the Colorado Constitution or any provision of the Wheat Ridge City
Code of Laws . The City staff is directed to refuse to accept for filing , and not to process
or review any application for such establishments or clubs during the moratorium period.
Section 3. Duration. The moratorium extended by this ordinance shall expire
on November 1, 2013 , unless sooner extended or repealed .
Section 4. Staff to Investigate and Prepare Proposed Regulations. Before
the expiration of the moratorium imposed by this ordinance , City staff shall investigate,
revi ew and an a lyze potenti a l new City regul ations for ma rijuana establishments ,
marijuana clubs , and /or the prohibition thereof. Such investigation , review and analysis
shall be submitted to the City Council for consideration. The City Council declares that
it will give due and timely consideration to those recommendations.
2
Section 5. Repeal. Ordinance 1533, Series 2013 is hereby repealed
Section 6. Medical Marijuana not Affected. This ordinance shall not extend
to or affect any medical marijuana establishment or center nor any primary caregiver as
defined by Section 11-291 of the Wheat Ridge Code of Laws.
Section 7. Effective Date . This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 25th day of March, 2013, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for April 8, 2013 at 7:00 p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge , Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of_ to_, this day of , 2013.
SIGNED by the Mayor on this __ day of _____ , 2013.
ATTEST:
Janelle Shaver, City Clerk
First Publication: March 28, 2013
Second Publication:
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio, Mayor
Approved as to Form
Gerald E. Dahl, City Attorney
3
.. ~~.,
.... _ , City of •
?WheatR.i9ge
ITEM NO:~
DATE: April8, 2013
REQUEST FOR CITY COUNCIL ACTION
~~"
TITLE: MOTION TO RATIFY THE DISTRICT III MAYORAL
APPOINTMENT TO RENEWAL WHEAT RIDGE, TERM TO
EXPIRE NOVEMBER 30, 2014
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
QUASI-JUDICIAL: D YES
ISSUE:
The members of Renewal Wheat Ridge are appointed by the Mayor and ratified by City Council.
There currently is one opening in District III as Tom Radigan resigned effective March 8, 2013.
Two applications were received (attached) and Mayor DiTullio reviewed and interviewed both
applicants. At this time Mayor DiTullio is recommending be appointed to
the vacant seat in District III which expires November 30, 2014.
PRIOR ACTION:
None
FINANCIAL IMPACT:
None
BACKGROUND:
Members of Renewal Wheat Ridge are appointed by the Mayor and ratified by City Council.
RECOMMENDATIONS:
Mayor DiTullio is recommending that b e appointed to R enewal
Wheat Ridge representing District III , term to expire November 30, 2014.
Council Action Form
April 8, 20 13
Page2
RECOMMENDED MOTIONS:
"I move to ratify the District III Mayoral appointment of __________ to Renewal
Wheat Ridge, term to expire November 30, 2014."
Or
"I move to deny the appointment of ____________ to Renewal Wheat Ridge
for the following reason(s) _________ "
REPORT PREPARED BY:
Bruce Roome, Deputy City Clerk
ATTACHMENTS:
1. Loretta DiTirro Application
2. Tim Rogers Application
Board & Commission App.lication
City of Wheat Ridge
PLEASE APPLY ONLY FOR ' ONE BOARD OR COMMISSION
APPLICATION FOR APPOINTMENT TO THE
URBAN RENEWAL AUTHORITY
(BOARD/COMMISSION/COMMITTEE)
DATE :M!rch 29. 2013 DISTRtCT ___ ---:1:...:.1.::...1 __ _
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RtDGE : 15+ YRS
ARE YOU A REGISTERED VOTER?_~ _YEli.I:::S::__ __
WHY ARE YOU SEEKING THIS APPOINTMENT? _TO WORK WITH O!H . RS TO
ENHANCE THE CITY OF WHEAT RIDGE
DO YOU HAVE EXPERIENCE IN THIS AREA?
R LTOR
RESIDENnAL; AND COMMERCIAL
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMISSIONICOMMITIEE AND IF SO, WHICH ONE? HOW LO ~G? 6+
V,EARS ON THE WRBD BQARD
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR
ATTENDANCE OR DU S? OCCASIONALLY IF I MUST SHOW A HOME/MEETING
SIGNATU
PLEASE PRINT OR TYPE NAME :_-=L=O;.:.;RETT=.:... .:..:::A;:.,.D=m:.:.:.:.:R=R:.::O;,__ ______ _
ADDRESS : 1 RANGEVIEW CIRCLE, WHEAT RIDGE. CO 80215
HOME PHONE : 303.694.1520
BUSINESS PHONE :_......:3:.::0:.:.l3A5~5:o:.::.3:.::300~-------------
Attachment 1
Board & Commission Application
City of Wheat Ridge
PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION
(BOARD/COMM SION/COMMITTEE)
DATE:March 30 2013 DISTRICT Three
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: Six months
ARE YOU A REGISTERED VOTER? _Y.;..;:e=s __ _
WHY ARE YOU SEEKING THIS APPOINTMENT? Work with the citizens of Wheat
Ridge to provide a predictable land use process that balances the needs of the community,
preservation of our natural resources while promoting livable neighborhoods for all citizens
regardless of ethnicity or age.
DO YOU HAVE EXPERIENCE IN THIS AREA?I have been a commercial real estate
broker working exclusively in the West Denver industrial. office and land market for fifteen
years. My family has lived in Applewood. Lakewood and Wheat Ridge for thirty nine tears .
During that time I have served on a number of focus groups and active in numerous you th
sports. including coaching boys basketball at Wheat Ridge High School.
HAVE YOU EVER SERVED , OR ARE YOU CURRENTLY ON A
BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? Jefferson
County Schools Advisory Committee for Secondary Education-one year. Court Appointed
Special Advocates.CCASA)-two years. South Park Owners Association Board of Directors
-eight years. Jefferson County Planning and Zoning Commission -one year. numerous
short term local special interest focus groups.
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR
ATTENDANCE OR DUTIES? Planning and Zoning Commission hearings every
Wednesday evening
\~ ~ ------------------------------SIGNATURE.
Attachment 2
PLEASE PRINT OR TYPE NAME : __ T.:..::im~R~o:.::s,;ge~rs~---------
ADDRESS : 10495 W . 35 lh Place
HOME PHONE :_(303) 279-8003 _______________ _
BUSINESS PHONE : __ (=3=03~l=64..:....:1:......-4..:...::0=8=0 _____________ _
E-MAIL ADDRESS : __ ~tr=o=ge=r=s@==ge=n=e=se=e=c=om=m=e=r=ci=al=.c=o=m.___ ______ _
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR