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HomeMy WebLinkAboutCouncil Packet 06/25/20126:45 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 25, 2012 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLLCALL OF MEMBERS APPROVAL OF MINUTES OF June 11,2012 PROCLAMATIONS AND CEREMONIES Ann Lazzeri -Recognition Proclamation -David Herman, 2012 Summer Olympic Games 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 .L Council Bill 09-2012-An Ordinance amending various sections of Chapter 26 of the Wheat Ridge Code of Laws, concerning zoning, to regulate Group Homes for the handicapped and to bring uniformity to certain Residential Group Home Zoning requirements and Substance Abuse Clinic Zoning requirements. ~ Resolution 34-2012-denying a Special Use Permit Application for a JP Morgan Chase Bank Drive-up ATM located at 3817 Sheridan Boulevard (Sup-12-04) CITY COUNCIL AGENDA: June 25, 2012 Page -2- ORDINANCES OF FIRST READING 3 . Council Bill No . 11-2012 -An Ordinance amending the Wheat Ridge Code of Laws, Chapter 22 , Sections 22-67 and 22-68 (a) to clarify those entities which are exempt from Use Tax on Building Materials and Supplies ,1:. Council Bill 10-2012 -An Ordinance amending Chapter 26 concerning the Planned Development District Regulations and Private Zone Changes and making certain amendments to Chapter 2 in association herewith (Case No. ZOA-12-01) DECISIONS, RESOLUTIONS AND MOTIONS 5. Resolution No. 32-2012 -Authorizing the execution of an Agreement allowing King Soopers , Inc . to participate in the Wheat ridge Business Development Zone Program for the rebate of Building Use Tax in an amount not to exceed $100,000 in Association w ith the remodel of their facility at 381h and Sheridan Boulevard ~ Resolution No . 33-2012 -A Resolution authorizing the execution of an Agreement with King Soopers , Inc. for participation in the Enhanced Sales Tax Incentive Program (ESTIP) in an amount not to exceed $300 ,000 for the remodel of their store located at 3817 Sheridan Boulevard . L Resolution No. 31-2012-A Resolution approving an Intergovernmental Joint cooperation Agreement between Jefferson County and the City of Wheat Ridge regarding the format ion of a Home Consortium between Jefferson County and the City of Lakewood. 8 . Motion to approve RFP -12-07 Insurance Broker Service s to Insura nce Ma nagement associates , Inc. (IMA) of Colorado on a Commission-Based Agreement in the total amount of $72 ,000. 9 . Motion to cance l the Study Sess ion of July 2 , 2012 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO June 11, 2012 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. ROLL CALL OF MEMBERS Davis Reinhart Bud Starker Joyce Jay Mike Stites George Pond Joseph DeMott Tracy Langworthy Kristi Davis Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Treasurer, Larry Schulz; City Manager, Patrick Goff; Police Chief, Dan Brennan; Community Development Director, Ken Johnstone; Economic Development Coordinator, Steve Art; interested parties and interested citizens. APPROVAL OF MINUTES OF Mav 14,2012 Motion by Mr. Stites for approval of the Minutes of May 14, 2012; seconded by Mr. Starker; carried 8-0. PROCLAMATIONS AND CEREMONIES Brake for Bela City Clerk Shaver read a proclamation on behalf of Mayor DiTullio and City CounCil recognizing the "Brake for Bela" summer safe neighborhood driving awareness campaign for June through August 2012. Matt Wittern from Arvada received the proclamation and related the story of Bela, for which the program is named . He encouraged people to watch for children as they drive, and to remember that "School is out and kids are about." CITIZENS' RIGHT TO SPEAK Janet Jahn congratulated everyone on the 381h Avenue restriping and the City receiving the brownfields grant. She encouraged the Council to attend the upcoming Garden Tour on Saturday, June 16, from 9 :00am-3:00pm starting at Wheat Ridge Middle School. City Council Minutes June 11 , 2012 Page2 Tara Jahn agreed with her mother about liking the changes on 38th Avenue . She is one of a couple of community members who have taken the 2020 Live Local program and are trying to make it their own. The changes on 38th have allowed them to expand the Live Local activities . The main one is a weekly run club that meets in front of Right Coast every Friday at 6:30pm to do a 5K run through the quiet neighborhoods . Walkers are welcome too. Also this Thursday will be the first WR Cruiser Crawl. It will start across from WR Cyclery at 6 :00 , head up Right Coast, Cebiche and end at WR Lanes. The next Live Local Dines event will be at Wheat Ridge Lanes from 5-8 and feature 99 cent bowling . Bring you families. They are also looking forward to a family yoga coming in July. Michael Snow reported about the Live Local Harvest that is just getting a start . Wheat Ridge has a long history of agriculture and they intend to make it our future as well. There will be a meeting this Wednesday at 5:30 at Cebiche 's patio in conjunction with Live Well Wheat Ridge 's ACE Task Force . They will be discussing and planning for one of Wheat Ridge 's first major urban agriculture events . Council members and anyone interested in gardening and urban agriculture are invited to please come join them and help brainstorm for ideas for fun events that can last a long time and help activate the dormant agricultural community in Wheat Ridge. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING L Council Bill 04-2012-An Ordinance amending Section 11-53 (b) of the Wheat Ridge Code of Laws concerning application of the State Liquor Laws within the City. Mayor DiTullio opened the public hearing . Council Bill 04-2012 was introduced by Mr. Pond. State Code prevents local governments from issuing liquor licenses to establishments that are located within 500 feet of a school. This ordinance would remove the 500 foot distance limitation for certain liquor licenses. City Clerk Shaver assigned Ordinance# 1510. Staff Report: Mr. Dahl reviewed the provisions of the ordinance . The 500 feet distance limit was waived in 2010 for hotel restaurant licenses. This ordinance would now waive that 500 foot limit for beer and wine licenses , brew pub licenses , arts licenses, and vintner's restaurant licenses. It does not include taverns . If passed the ordinance would go into effect immediately . This would allow for the application process to begin , but any applicants would still have to go through the normal licensing process . Public Comment: none City Council Minutes June 11, 2012 Page3 Mayor DiTullio closed the public hearing. Motion by Mr. Pond to approve Council Bill No. 04-2012 (Ordinance 1510) an ordinance amending Section 11-53(b) of the Wheat Ridge Code of Laws concerning application of the state liquor laws, on second reading, and that it take effect immediately; seconded by Mr. Stites; carried 8-0 2. Council Bill 06-2012-An Ordinance amending the Wheat Ridge Code of Laws, Chapter 2, Section 2-53 (b) regarding membership of Boards and Commissions and Section 2-53 (f) concerning the administering of oaths to Board and Commission Members. Mayor DiTullio opened the public hearing. Council Bill 06-2012 was introduced by Mr. Stites. City Clerk Shaver assigned Ordinance# 1511. Staff Report: Mr. Dahl reviewed the issue of currently requiring every board and commission to have 8 members. In some cases this is difficult and may not serve the City that well. This ordinance would allow the Council to provide for a board or commission with less than 8 members, and adjusts the quorum requirements accordingly. The second provision of the ordinance allows oaths to be administered by the mayor's designee in the clerk's office. Public Comment: none Mayor DiTullio closed the public hearing. Motion by Mr. Stites to approve Council Bill No. 06-2012 (Ordinance 1511) an ordinance amending the Wheat Ridge Code of Laws regarding membership of boards and commissions and the administering of oaths to those members, on second reading and that it will take effect 15 days after final publication; seconded by Mr. DeMott; carried 8-0 ORDINANCES OF FIRST READING 3. Council Bill No. 07-2012 -An Ordinance approving the Rezoning of property located at 5060 Ward Road from Planned Industrial Development (PID) and Light Industrial (I) to Mixed Use -Commercial Transit Oriented Development (MU-C TOO) Zone District (Case No. WZ-12-02/IBC Holdings) Council Bill 07-2012 was introduced by Mrs. Langworthy. The applicant requests approval of this zone change as the first step of the process for approval for redevelopment of this site with mixed use zoning. As an employment City Council Minutes June 11, 2012 Page4 center it should include commercial and retail services and multi-family housing. Development will require a concept plan (general plan for development) that will be approved administratively. A neighborhood meeting would be required prior to the application for the concept plan approval process . Any infrastructure upgrades necessary for future development of this property will be at the developer's expense. Motion by Mrs. Langworthy to approve Council Bill 07-2012, an Ordinance approving the Rezoning of property located at 5060 Ward Road from Planned Industrial Development (PI D) and Light Industrial (I) to Mixed Use-Commercial Transit Oriented Development (MU-C TOO) Zone District on first reading, order it published, public hearing set for Monday, July 9, 2012 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. DeMott; carried 8-0 ~. Council Bill 08-2012-An Ordinance approving the Rezoning of Property located at 4695 Wadsworth Blvd. from Residential -Two (R-2) to Mixed Use - Neighborhood (MU-N) Zone District (Case No. WZ-12-03/Patrick Nichols & Associates) Council Bill 08-2012 was introduced by Ms. Davis. This property is in disrepair and has a history of noncompliance in relation to building and nuisance codes and permit requirements . It is questionable if this property is still desirable for residential use given the noise and traffic on Wadsworth. The architecture of the house however is a good example of mid-century modern. The applicants own Modmood and Retro Consignment nearby at 7700 W. 441h Avenue, specializing in mid- century modern design furnishings and decor. They are seeking to expand the design center and showroom components of their business into this structure and property. They intend to preserve the home's historic and architectural value . Motion by Ms. Davis to approve Council Bill No. 08-2012, an ordinance approving the rezoning of property located at 4695 Wadsworth Blvd. from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) zone district on first reading, order it published, public hearing set for Monday, July 9, 2012 at 7:00p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Starker; carried 8-0. 5. Council Bill 09-2012-An Ordinance amending various sections of Chapter 26 of the Wheat Ridge Code of Laws , Concerning Zoning, to regulate Group Homes for the Handicapped and to bring uniformity to certain Residential Group Home Zoning requirements and Substance Abuse Clinic Zoning requirements Council Bill 09-2012 was introduced by Mr. Starker. Our current group home ordinance was passed in 1996. In it there are restrictions on the numbers of residents for homes for the elderly and homes for children. However, group homes for residents defined as handicapped in the Fair Housing Amendments Act have no restrictions on the number of residents. The City Attorney advises that it is City Council Minutes June 11, 2012 Page 5 legal to regulate group homes for the handicapped, including imposing a numeric limitation on the number of residents. The proposed amendment would provide for all types of group homes (including homes for handicapped citizens) to be regulated in a similar manner based on land use impacts. It also cleans up certain inconsistencies in the zoning regulations for group homes. Motion by Mr. Starker to approve Council Bill No. 09-2012, an ordinance amending various sections of Chapter 26 of the Wheat Ridge Code of Laws, concerning zoning, to regulate group homes for the handicapped and to bring uniformity to certain residential group home zoning requirements and substance abuse clinic zoning requirements, on first reading, order it published, public hearing set for Monday, June 25, 2012 at 7 p.m. in the City Hall Council Chambers, and that it takes effect 15 days after final publication; seconded by Mr. Stites; carried 8-0 . DECISIONS, RESOLUTIONS AND MOTIONS 6 . Motion to appoint Christina Rea to the Animal Welfare and Control Commission-District Ill Motion by Mr. Pond to appoint Christina Rea to the Animal Welfare and Control Commission representing District Ill, term to expire March 2, 2014; seconded by Mr. Stites; carried 8-0 Following approval of this appointment City Clerk Shaver administered the Oath of Office to Ms. Rea. 7. Resolution No . 28-2012 -A Resolution amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation for the 38th Avenue Pedestrian/Bicycle Count Grant in the amount of $2,000.00. Resolution No . 28-2012 was introduced by Mr. Reinhart. Motion by Mr. Reinhart to approve Resolution No. 28-2012-A resolution amending the Fiscal Year 2012 budget to reflect the approval of a supplemental budget appropriation for the 38th Avenue Pedestrian/Bicycle Count Grant in the amount of $2,000; seconded by Mr. Starker ; carried 8-0. 8 . Resolution No. 29-2012 -A Resolution authorizing approval of the Denver Regional Council of Governments Consortium Agreement concerning the goals and governance of the US Department of Housing and Urban Development's Sustainable Communities Regional Planning Grant. Resolution No . 29-2012 was introduced by Mrs . Jay. In November, 2011 the Denver region was awarded $4.5 million of federal money in the form of a Regional Planning Grant. With this money a consortium of cities, counties, City Council Minutes June 11 , 2012 Page 6 state agencies, housing authorities, nonprofits, corporate interests, and philanthropic and educational organizations will work together to enhance and implement Metro Vision, the Denver Regional Council of Government's (DRCOG) long range planning document. This will help address the challenges of leveraging the planned $6 .7billion expansion of the FasT racks transit system . Specifically the grant will support multijurisdictional planning efforts that integrate housing, land use, economic and workforce development, transportation and infrastructure investments. If the City is to participate in this regional effort Council needs to approve this Consortium Agreement. Ken Johnstone will be the primary contact for communication regarding this program . Motion by Mrs . Jay to approve Resolution No. 29-2012, a resolution authorizing approval of the Denver Regional Council of Governments Consortium Agreement concerning the goals and governance of the U.S. Department of Housing and Urban Development's Sustainable Communities Regional Planning Grant; seconded by Mr. Pond; carried 8-0. 9. Resolution No . 30-2012-A Resolution amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $350 ,000 to Renewal Wheat Ridge for the purpose of providing a loan for the Town Center North Project Infrastructure Improvements. Resolution No . 30-2012 was introduced by Ms . Davis . The Wheat Ridge Urban Renewal Authority is requesting a $350,000 interest free loan to complete infrastructure improvements at Town Center North (sanitary sewer, Phase II landscaping , and pedestrian lighting on Vance Street). These improvements are required by a Subdivision Improvement Agreement between the City and the Urban Renewal Authority. The loan would be fully repaid to the City upon the sale of Lot I or Lot 3 or both. Motion by Ms. Davis to approve Resolution No . 30-2012, a resolution amending the fiscal year 2012 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of $350,000 to Renewal Wheat Ridge for the purpose of providing a loan for the Town Center North Project infrastructure improvements; seconded by Mr. Stites ; carried 8-0 . CITY MANAGER'S MATTERS Patrick Goff updated Council on summer food programs for youth that have started . One is at Martensen School will be held Monday, Tuesday and Thursday, offer a snack at 10:45 followed by an activity and lunch at 11 :45, and is sponsored by Holy Cross Lutheran Church. Another program is at Pennington Elementary, runs Monday through Friday, serves lunch at 11 :30 and is sponsored by Jeffco Public Schools. He also announced that the Farmers Market starts this Thursday in the parking lot in front of Big Lots on Wadsworth. The hours are from 10-3. City Council Minutes June 11, 2012 Page 7 CITY ATTORNEY'S MATTERS Mr. Dahl reported that the amplified sound ordinance they requested last week has been drafted along with a permit application and action form. He highlighted the main provisions of the ordinance. It was mentioned that Council should move on this rather quickly so there was agreement that this ordinance need not go to a study session, and that Council would like to see first reading of the ordinance at their next regular meeting. Chief Brennan wanted Council to be aware that there are equipment and training issues that accompany this ordinance. The training is pretty extensive when it comes to noise ordinance enforcement and Class A sound meters cost in the neighborhood of $550- $600. Council may adopt an ordinance and put it into effect, but he doesn't know that he can have his people trained. He just got this ordinance today and he doesn't know what the training requirements are or where the training classes are, so he asked for Council's consideration on this and to give him some time this week to find out what those requirements are and what that all looks like. CITY CLERK MATTERS ELECTED OFFICIALS' MATTERS Mr. Pond encouraged people to come discuss the Live Local Harvest. Mr. Reinhart reported on ongoing discussions with RTD about bus Route 32. A letter was received from RTD which says they are going to try to maintain some commuter times and service to the school. He attended a fund raiser for Boys and Girls Clubs for Jefferson County Saturday night with Mr. Goff. They are potentially looking at Martensen School for a Boys' and Girls' Club in Wheat Ridge. He also reported participating in the Colfax Marathon with Jerry Dahl, Nathan Mosley, Lauren Mikulak and Sarah DiTullio. Mrs. Jay mentioned the garden tour and the cruiser crawl and encouraged people to attend. Mrs. Langworthy reported that Healing Waters Church also has a summer food program for kids. It starts with a 7:30 breakfast and has morning activities followed by lunch. This program runs through August 4th. She mentioned the Grand Opening of the new skate park at Discovery Park on June 23 from 9-11. Mr. Stites thanked the citizens who are building additions to their homes and/or improving their landscaping and encouraged citizens and businesses to tend to their weeds. With a recent outbreak of crimes against the elderly and seniors he asked citizens to please watch out for their older neighbors. Mayor DiTullio thanked Hunger Free Colorado, the Denver Nuggets and Healing Waters Church on 29th Avenue for the kick-off today of their summer food program for kids. About 75 children attended and the Nuggets had activities for them at Stites Park. He mentioned the Grand Opening event at Discovery Park for the new skate park on City Council Minutes June 11 , 2012 Page 8 June 23 . He reminded folks on the east side of town about the new dog park at 4ih & Miller. He encouraged people to check out the new businesses on 38th Avenue and in the 44th and Independence area . Tickets for the Zoppe Family Circus are for sale at City Hall and the Rec Center. Meeting adjourned at 8:00pm . APPROVED BY CITY COUNCIL ON June 25 ,2012 BY A VOTE OF to Mike Stites , 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 . ~ ~ ~ ~~ ~ ... City of • JP'WheatRl.._dge ITEM NO:~ DATE: June 25 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 09-2012 AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ZONING, TO REGULATE GROUP HOMES FOR THE HANDICAPPED AND TO BRING UNIFORMITY TO CERTAIN RESIDENTIAL GROUP HOME ZONING REQUIREMENTS AND SUBSTANCE ABUSE CLINIC ZONING REQUIREMENTS D PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING (06 /11 /2012) [gi ORDINANCES FOR 2 ° READING (06/25 /2012) D YES City Manager ISSUE: The City's current zoning regulations, as set forth in Chapter 26 of the Wheat Ridge Code of Laws ("Code"), treat groups of any number of unrelated handicapped individuals living together as a "family." Group homes of any size for such individuals may therefore locate in the same zone districts in which a single-family dwelling is a pennitted use without a formal review or application process. City staff believes the location of larger group homes , of any type, in residential districts without a review process could result in land use impacts that are incompatible with the surrounding properties. The City Attorney's Office has advised it is pennissible, but not required , under state and federal law , to regulate the zoning of group homes for the handicapped, including imposing a numeric limitation on the size of such homes . Staff therefore recommended the preparation of this ordinance to create zoning regulations for residential group homes for the handicapped and to make all residential group home zoning regulations generally consistent. Council Action Form June 25 , 2012 Page 2 '. PRIOR ACTION: City Council approved an ordinance placing a moratorium on the processing of all applications , permits and licenses for group homes in the City of Wheat Ridge on April 16 , 2012. The moratorium expires on July 16 , 2012. City Council was further briefed on the zoning issues related to group homes at a study session on June 4 , 2012 . FINANCIAL IMPACT: Additional City staff time may be spent on the processing of group home applications required as a result of the ordinance, but it is doubtful that work load would significantly increase. BACKGRO UND : The City last updated its ordinances pertaining to group homes in 1996 . Following is a summary of the existing regulations as adopted at that time. • Residential group homes for up to 8 elderly persons were allowed in all residential districts as a pennitted use. Residential group homes for 9 or more elderly were allowed in all residential districts as a special use. • Residential group homes for children were established as a special use in all residential districts , with a minimum lot area of 1 ,500 square feet per child in residence. • Residential group homes for any number of residents who would be defined as a handicapped person in the Fair Housing Amendments Act were considered to be a "family" and therefore allowed as a permitted use in all residential districts , with no restriction on the number o f residents . Given that 16 years has passed since the adoption of these regulations , staff felt it was appropriate to consider modifications to the ordinance, including whether a limit should be placed on the number of handicapped persons that can reside in a group home as a permitted use in all residential districts. This ordinance is designed to regulate all types of group homes in a similar mrumer , based on the associated land use impacts . It also cleans up certain inconsistencies in the zoning regulations by: 1) Adding a new definition of "Residential group home for the handicapped" to include persons who are "handicapped " as defined by state or federal Jaw , and their caretakers. 2) Creating a regulatory scheme under which all residential group homes are regulated in the same manner. The use charts are updated to treat all residential group homes the same. 3) Amending the land use charts to distinguish between residential group homes of eight (8) or fewer persons , plus required staff, and homes of nine (9) or more persons , plus required staff, with the larger group homes requiring special or conditional use approval. 4) Amending the definition of "Family" to eliminate its current inclusion of handicapped group living situations and to eliminate what was likely an unintended exclusion of four (4) persons over the age of sixty (60) living together. The current "family" definition Council Action Form June 25 , 2012 Page3 includes groups of three (3) and five (5) unrelated persons over the age of sixty (60) living together, but not four (4). 5) Deleting the restriction on the number of live-in caretakers in residential group homes for the elderly. Staff believes the economics of operating a group home will naturally dictate a small number of live-in caretakers. 6) Eliminating the current distinction between substance abuse clinics for the treatment of drug abuse and clinics for the treatment of alcohol abuse ; eliminating the current distinction between outpatient and residential substance abuse clinics ; and eliminating the requirement that such clinics dispense medication or other controlled substances as a part of their treatment programs. 7) Amending the Commercial and Industrial land use chart to eliminate confusing cross- references concerning clinics for counseling generally and substance abuse clinics . 8) Imposing the same off-street parking requirements on all residential group homes. The proposed changes are generally consistent with the regulations of other Front Range communities. The cities of Arvada, Aurora , Denver, Englewood , and Lakewood all allow group homes of eight or fewer residents as a permitted use in residential zone districts. In Westminster a conditional use permit is required. For larger group homes in residential zone districts , the regulations vary. Denver pennits group homes for up to 20 residents , with supplemental regulations. Aurora allows larger group homes only for handicapped residents. Arvada requires a conditional use permit for nine to 12 residents , and Lakewood requires a special use permit for nine or more handicapped residents . For these four communities some level of neighborhood notification is required for these larger group homes. Group homes with nine or more residents are not pennitted in residential zone districts in Englewood and Westminster. Most of these communities establish a variety of supplemental regulations for group homes , such as separation requirements; evidence of state or county licensure; compliance with applicable building, zoning, and fire codes ; registration with the city; and a requirement that facilities be architecturally compatible with the surrounding neighborhood . Additionally , several communities refer to the "reasonable accommodation" clause of the Fair Housing Act and enable a City Manager or Director to accept written applications for administrative relief from specific development standards , allowing the applicant to avoid a variance process. In the City of Wheat Ridge a variance of less than 50% is an administrative process. RECOMMENDATIONS: Staff recommends approval of the ordinance. Council Action Form June 25 , 2012 Page4 RECOMMENDED MOTION: "I move to approve Council Bill No. 09-2012, an ordinance amending various sections of Chapter 26 of the Wheat Ridge Code of Laws, concerning zoning, to regulate group homes for the handicapped and to bring uniformity to certain residential group home zoning requirements and substance abuse clinic zoning requirements, on second reading, and that it takes effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 09-2012 , an ordinance amending various sections of Chapter 26 of the Wheat Ridge Code of Laws , concerning zoning to regulate group homes for the handicapped and to bring uniformity to certain residential group home zoning requirements and substance abuse clinic zoning requirements for the following reason(s) " REPORT PREPARED/REVIEWED BY: Kenneth Johnstone, Community Development Director Carmen Beery, City Attorney 's Office ATTACHMENTS: 1. Council Bill No. 09-2012 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STARKER COUNCIL BILL NO. 09 ORDINANCE NO. ___ _ Series of 2012 TITLE: AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ZONING, TO REGULATE GROUP HOMES FOR THE HANDICAPPED AND TO BRING UNIFORMITY TO CERTAIN RESIDENTIAL GROUP HOME ZONING REQUIREMENTS AND SUBSTANCE ABUSE CLINIC ZONING REQUIREMENTS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS , pursuant to its home rule authority and Article 23 of Title 31 of the Colorado Revised Statutes, the City, acting through its City Council (the "Council"), previously adopted planning and zoning regulations , codified as Chapter 26 of the Wheat Ridge Code of Laws (the "Code"); and WHEREAS , said Chapter 26 currently regulates the zoning of group homes of various types but it fails to regulate group homes for handicapped persons; and WHEREAS , the Wheat Ridge City Council ("Council") finds that it is permissible under current case law to impose neutral nondiscriminatory zoning regulations upon group homes for the handicapped; and WHEREAS , the Council further finds that it is desirable from a land use regulatory perspective and equitable to regulate all types of group homes in a similar fashion ; and WHEREAS , the Council further finds that it is desirable from a land use regulatory perspective and equitable to regulate all types of substance abuse clinics in a similar fashion; and WHEREAS , the Council therefore desires to amend certain provisions of Chapter 26 of the Code to regulate group homes for the handicapped in the same manner as other group homes, as permitted by law, to regulate substance abuse clinics for drug abuse and clinics for alcohol abuse in the same manner, and to eliminate certain other distinctions between group homes that no longer have a meaningful land use planning purpose. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO : Attachment 1 Section 1. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the definition of "Family" set forth therein as follows: Family. One (1) or more persons related by blood, marriage, adoption, or legal custody plus domestic servants employed for service on the premises, or a group of not more than three (3) persons who need not be so related living together as a single housekeeping unit. Four or f:five unrelated (5) people over the age of sixty (60) years sharing one (1) housekeeping unit shall also be deemed to be a family. Notwithstanding the foregoing, a family shall be deemed to include four (4) or more persons that are not related by blood, marriage, adoption, or legal custody occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by § 24 34 301, C.RS. A family shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3-412.5, C .R.S., as amended, unless related by blood, marriage or adoption. A household that includes four (4) or more persons identified above shall not be excluded from the definition of "family" by the residence in the household of additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons. Section 2. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the definition of "Residential group homes" set forth therein as follows: Residential group homes. (a) Group home for children: A facility licensed by the Jefferson County or State Department of Human Services as a residential child care facility or specialized group facility, as defined by and pursuant to Article 6 of Title 26, Colorado Revised Statutes, as existing or hereafter amended. The age of a child placed in a group home for children may not exceed eighteen (18) years or, in the case of a child placed in a group home by court order prior to his or her eighteenth birthday, twenty-one (21) years. Group homes for children do not include facilities for the placement of children operated directly by the division of youth corrections of the Colorado Department of Human Services, the mental health division of the Colorado Department of Human Services, or the alcohol and drug abuse division of the Colorado Department of Public Health and Environment, even if licensed by Jefferson County Department of Human Services. See section 26-612. A group home for children shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3-412.5, C.R.S., as amended. 2 (b) Group home for elderly persons: A residential facility for the exclusive use of persons sixty (60) years of age or older who do not need skilled and intermediate care, plus no more than two (2) live-in staff persons employed in the care and supervision of such elderly persons. (c) Congregate care home: A residential facility established for the exclusive use of more than eight (8) elderly persons, sixty (60) years or older, where intermediate nursing care may or may not be available, and where living and sleeping quarters are provided for individuals or couples; where, however, kitchen facilities are not provided. Meals are prepared by a central kitchen and may be served in a central dining room or taken in the living quarters. For the purpose of meeting the residential density provisions of the Wheat Ridge Home Rule Charter, each three (3) persons, based upon maximum designed occupancy load, shall constitute one (1) family unit. (d) Nursing home: A state-licensed health care facility which provides essential care on a twenty-four (24) hour basis by medical professionals to provide short-term convalescent or rehabilitative care or long-term care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. For purposes of this chapter, a "residential group home" shall not include a household of four (4) or more persons occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by§ 24 34 301, C.R.S., and such additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons. A group home for handicapped or disabled persons shall not include more than one (1) person required to register as a sex otklnder pursuant to§ 18 3 412.5, C.R.S., as amended. (e) Group home for the handicapped: A residential facility for the exclusive use of persons who are handicapped as defined in Title VIII of the Civil Rights Act of 1968. as amended by the Fair Housing Amendments Act of 1988. or disabled persons as defined by § 24-34-301, C.R.S .. and such additional necessarv persons employed in the care and supervision of such handicapped or disabled persons. A group home for the handicapped shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3-412.5, C.R.S .. as amended. Section 3. The definition of "substance abuse clinic" set forth in Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows: 3 Uses Substance abuse clinic . A clinic , office or other facility which exclusively provides outpatient or residential treatment for substance abuse etAef: than alcoholism , involving, in whole or in part, the dispensation of medication or other controlled substances as part of addiction therapy or management, excluding clinics operated in association with a medical practice for other purposes . Section 4. The 'Table of Uses-Residential " set forth in Section 26-204 of the Wheat Ridge Code of Laws , concerning uses in residential zone districts, is hereby amended by amending the rows concerning residential group homes as follows: Notes R-1 R-1A R-1B R-1C R-2 R-2A R-3 R- 3A Residential group See § s s s s s s s s home for children ~e e~~ Residential group See § p p p p p p p p homes , nursing homes, 26-612 and congregate care facilities for 8 or fewer elderly persons. ~h.!S staff Residential group See § s s s s s s s s homes , nursing homes, 26-612 or congregate care facility for 9 or more elderly persons. ~Ius staff Section 5. The "Table of Uses -Agricultura l and Public Facilities " set forth in Section 26-204 of the Wheat Ridge Code of Laws , concerning uses in agricultural and public facility zone districts , is hereby amended by amending the rows concerning residential group homes as follows: Uses Notes A-1 A-2 PF Residential group homes for 8 or See § 26-p p fewer e!de .. h persons olus staff 612 Residential group or nursing See § 26-s homes , or congregate care facilities 612 for 9 or more elderly persons~ staff Residential group homes for See § ~e s children ~ Section 6. The "Table of Uses-Commercial and Industrial Districts " set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts , is hereby amended by amending the row concerning counseling and treatment clinics as follows : 4 Uses Notes NC RC C-1 C-2 I Clinics and offices G ~. G2 & I INGbbiQ~: for the counseling ResieeRtial fasilities . s p p p p and treatment of psycholog ical , NG & RG ~XGbbiQ~S : social , mari ta l, ResieeRtial fasilities developmental or s imilar conditions, ,A,bb eistFiStS INGbbiQ~: exslueiRg substaRse GouRsel iRg aRe tmatmeRt abuse sliRiss foF alsot:lolism Section 7. The "Table of Uses-Commercial and Industrial Districts" set forth in Section 26-204 of the Wheat Ridge Code of Laws, concern ing uses i n commercial and industrial zone districts, is hereby amended by amend i ng the rows concerning residential group homes as follows : Uses Notes NC RC C-1 C-2 I Res idential group aRe RUFSiRg homes aRe SORQFegate saFe p p p p p fa si lities for 8 or fewer eleOFiy persons olus staff Residentia l group aRe RUFS iRQ s s s ho m es aRe SORQFegate saFe fasilities for 9 or more eleOFiy persons olus staff Res idential group home for ch ildren s s s Section 8. Sect ion 26-501 of the Wheat R idge Code of Laws , concern ing off-street parking and loading standards, is hereby amended by deleting the following rows from "Table 6 : Schedule of Required Off-Street Parking " thereunder: TABLE 6: Schedule of Required Off-Street Parking Use Requirement GoRgmgate sam seRteF G.+a Sf}ase f}eF east:! beeFOom f) IUS ~ sf}ase foF east:! emf}loyee OR maximum sfNft ~leeFiy QFOUJ3 Rome G.a Sf}ase foF east:! eleeFiy OSSUJ:)aRt , f) IUS tt:le staRearo FesieeRtial ewelliRg Fe€1UiFemeRt Section 9 . Section 26-501 of the Wheat R idge Code of Laws, co n cerning off-street parking and loading standa rds, is hereby amended by amending the parking standa rds fo r res identia l group homes under "Table 6 : Schedule of Requ ired Off- Street Parking" as fo ll ows : 5 TABLE 6: Schedule of Required Off-Street Parking Use Requirement Residential group homes for youths 18 ~ s13aees 13er hoffie with street 13arkiR§ or years aRd youR§er 4 SJ38SeS J3er hoffie without street J38rkiR§ 13lus 1 SJ38Se J3er eaeh Oi§ht beEis Standard residential dwelling reguirement ~Ius 1 s~ace ~er em~IQ~ee Qn maximum shift Section 10. The "Permitted Uses" Chart set forth in Section 26-1111 of the Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is hereby amended by amending the existing row concerning residential group homes and inserting a new row concerning residential group homes as follows : Permitted Uses Use Group MU-C MU-C Interstate MU-C TOO MU-N Residential group home.s__fQ_[ p p p p 8 or fewer ~ersQns, ~Ius staff Residential grQu~ hQmes fQr c c c c 9 Qr more ~ersQns. ~Ius staff Section 11. Safety Clause . The City Council 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 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 12. Severability; Conflicting Ordinances Repealed. If any section , subsection or clause of this 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 13. Effective Date. This Ordinance shall take effect fifteen ( 15) days after final publication , as provid e d by Section 5 .11 of the Charte r . 6 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of June, 2012, 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 June 25, 2012, at 7:00 o'clock 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 251h day of June, 2012. SIGNED by the Mayor on this ____ day of _________ , 2012. ATTEST: Janelle Shaver, City Clerk First Publication: June 14, 2012 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 7 ~~·~ -~ ,. City of • :P'WheatRi_dge ITEM NO: ;t. DATE: June 25 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 34-2012 - A RESOLUTION DENYING A SPECIAL USE PERMIT APPLICATION FOR A JP MORGAN CHASE BANK DRIVE-UP ATM LOCATED AT 3817 SHERIDAN BOULEVARD (SUP-12-04) ~ PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL · ISSUE: D ORDINANCES FOR 1ST READING (mm/dd/yyyy) 0 ORDINANCES FOR 2N° READING (mm/dd/yyyy) D YES r City Manager JP Morgan Chase, in cooperation with the property owner, has requested approval of a special use permit (SUP) to locate a drive-up ATM in the parking lot ofthe King Soopers shopping center at 38th Avenue and Sheridan. Special uses are discretionary uses which may be approved by the City if properly designed, developed , operated and maintained. The primary issues to be addressed relate to justification of need and consideration of design and operational requirements that mitigate potential detrimental impacts of the special use. When neighboring property owner objections are received , as was the case here , a public hearing and consideration before City Council is required. City Council is required to review the application relative to the established special use review criteria . Staff has provided an analysis of the application relative to the review criteria in the attached staff report. A special use may be approved , approved with modification or denied. PRIOR ACTION: Because a written objection to the SUP application was received during the public notice period , the Community Development Director did not have jurisdiction to take action on the application . The Jetter of objection speaks to traffic concerns and the desire to create a more pedestrian oriented corridor. As required by ordinance, the application has been scheduled for consideration before City Council at a public hearing. Council Action Fonn June 25 ,2012 Page2 . , . FINANCIAL IMPACT: Since the use does not generate any direct sales tax revenue , minimal financial impact is anticipated. The applicant has paid development application fees and building permit fees and use tax would also be required , if approved by City Council. BACKGROUND: The center has been in use for several decades as a grocery-anchored community retail center. The most recent changes to the property were the addition of a fueling station approximately 10 years ago. Around the same time , the City invested in streetscape landscaping, signage and pedestrian improvements. Additional background and analysis is provided in the attached Planning Division Staff Report. RECOMMENDATION: Staff has found that the SUP application does not meet the majority of criteria for review. Based on those findings , we are recommending that City Council deny the special use permit application through adoption of the proposed resolution. RECOMMENDED MOTION: "I move to approve Resolution No . 34-2012 , a resolution denying a special use permit for a JP Morgan Chase Bank drive-up ATM on property at 3817 Sheridan Boulevard (SUP-12-04) for the reasons denoted in the resolution ." Or "I move to approve a special use permit for a JP Morgan Chase Bank drive-up A TM on property at 3817 Sheridan Boulevard (SUP-12-04) for the following reason(s): ________ _ and with the following conditions: ________ _ REPORT PREPARED BY; Meredith Reckert , Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 34-2012 2. Planning Division Staff Report with Exhibits TITLE: CITY OF WHEAT RIDGE, COLORADO Resolution No. 34 Series 2012 A RESOLUTION DENYING A SPECIAL USE PERMIT FOR A JP MORGAN CHASE BANK DRIVE-UP ATM LOCATED AT 3817 SHERIDAN BOULEVARD (CASE NO. SUP-12-04) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Special Use Permits; and WHEREAS, an application for a Special Use Permit has been received from JP Morgan Chase Bank Drive-up ATM; and WHEREAS, the request for a Special Use Permit began as an administrative process which registered one written objection during the 1 0-day posting and notification period, triggering a City Council public hearing; and, WHEREAS, all required publishing, posting and notification requirements for a June 25, 2012 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 SPECIAL USE PERMIT FOR A CHASE BANK DRIVE-UP ATM IS HEREBY DENIED, FOR THE FOLLOWING REASONS: 1 . The use would contribute to blight in the area based on the proposed materials and the lack of any pedestrian orientation to the facility. 2. The facility will have adverse impacts on the area by providing an inappropriate backdrop to the City installed landscape and streetscape improvements. 3. The ATM vehicle circulation will negatively impact internal site circulation in close proximity to one of the major entrances into the commercial center. 4. The proposal is in conflict with the principles of the traditional overlay of the Architectural and Site Design Manual (ASDM), including specifically, the following: building materials; transparency; and the location of the drive through on the site. 5. Renewal Wheat Ridge found the proposal to be inconsistent with the 38th Avenue Corridor Redevelopment Plan (Urban Renewal Plan for the area). DONE AND RESOLVED by the City Council this 25th day of June, 2012. ATTEST: Janelle Shaver, City Clerk By: ________________________ _ Jerry DiTullio, Mayor Attachment 1 ~~~.( ~ .., ~ City of • ... ~ \Vheat.&___dge COMMUNilY DEVELOPMENT TO: City Council DATE: June 25 , 2012 CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: APPLICANT: APPROXIMATE AREA: PRESENT ZONING: ENTER INTO RECORD: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT CASE MANAGER: Meredith Reckert SUP-12-04/JP Morgan Chase Bank Request for Special Use Permit to allow a freestanding A TM kiosk 3817 Sheridan Blvd JP Morgan Chase Bank 6.7 acres Commercial-One (C-1) (X) CASE FILE (X) ZONING ORDINANCE (X) COMPREHENSIVE PLAN SUP -12-04/JP Morgan Chase B ank Attachment 2 All notification and posting requirements have been met; therefore, there is jurisdiction to make a determination regarding this request. I. REQUEST The applicant is requesting a Special Use Pennit (SUP) to construct a freestanding A TM bank in the Ridge Village shopping center located at 3817 Sheridan Blvd. The A TM would be a stand-alone facility and would not be associated with any branch office. There would be one drive-up lane with stackjng for approximately 3 vehicles and it will be located directly adjacent to West 38th Avenue in the vicinity of the western curb but from 38th into the center. The property in question is zoned C-1. The C-1 zone district is a commercial district established to provide for areas with a wide range of commercial land uses including office, general business and retail sales and service establishments. The property is also located in a "traditional" overlay of the Architectural and Site Design Manual (ASDM) and is subject to those site design and building design standards and guidelines. The Overall Goals of the ASDM include: "3. Buildings and landscaping should contribute to the physical definition of streets and sidewalks as civic places. 6. Enhance pedestrian oriented activity by providing a consistent edge to the street and sidewalk in order to create pedestrian scale and access to businesses." The "traditional" overlay is described as follows: "Traditional areas have a nee-traditional character - wide sidewalks are located in front of the storefronts, strong pedestrian presence on the sidewalks, buildings are located much closer to the street and parkjng areas are located behind or beside the building fayade. These traditional areas are intended to be more pedestrian oriented thereby creating more of a vibrant, walkable environment, a precursor to mixed use. A consistent street edge should be established in the traditional areas , with parking areas located in the side or rear yard." Section 26-114. (Special uses) of the Zoning and Development code defines the purpose of special uses as follows: "Special uses are discretionmy uses which, if properly designed, developed, operated and maintained, may be approved for any specific location within a zone district wherein the special use is enumerated. The primary issues to be addressed are those related to justification of need and special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, a special use may be approved, approved with modifications or denied. " Pursuant to Section 26-114 of the Code of Laws, the Community Development Director has the ability to decide upon applications for administrative Special Use approval, without requirement for a public hearing, provided the following conditions are met: 1. A completed application package has been submitted and fee paid ; 2. The Community Development Department has notified adjacent property owners by letter notice and the site has been posted for at least ten (1 0) days; 3. No written objections have been received in such ten-day period; 4. The Community Development Director concludes that the criteria for approval , as set forth below , are substantially complied with and support the request. This request started as an administrative application considered by the Community Development Director but because a written objection was received , it is being forwarded to City Council for a SUP-12-04/JP Morgan Chase Bank 2 public hearing. The letter of objection speaks to traffic concerns and the desire to create a more pedestrian oriented corridor. (Exhibit 1, letter of objection) II. PROPERTY DESCRIPTION/HISTORY The property is located at the northwest comer of West 38 th Avenue and Sheridan Blvd . The existing King Soopers and associated strip retail building were built in 1981. The Ridge Village shopping center is comprised of 6. 7 acres and has 82 ,000 square feet of floor area . In 1995 , the City purchased a parcel of property at 5201 W. 38th Avenue (southeast comer of the site) and demolished the existing restaurant building. Acquisition ofthis parcel was necessary to accommodate tum-lane improvements on Sheridan. Subsequent to the right-of-way improvements, the remainder of the parcel was paved and incorporated into the parking area in front of the grocery store with a development agreement memorializing the lease to the current property owner. In July of 2002 , City Council approved an amendment to the lease for King Soopers to accommodate construction of a freestanding vehicle fueling facility approved pursuant to Case No. SUP-02-01 . In 2002 , the City installed landscaping improvements along the 38th Avenue frontage and the southeast comer of the property as part of a $2.2 million streetscape improvement project extending from Sheridan to Harlan . This property is at the very eastern end of the streetscape project and serves as a "gateway" from Denver into the City of Wheat Ridge. The City-funded streetscape improvements installed adjacent to the property consisted of a comer feature with patterned , colored concrete, a clock, decorative bollards and a raised planting island with trees and shrubs. Increased landscaping and a decorative fence were continued along the property frontage to the west. These improvements included the planting of 13 trees along 38th Avenue. The intent of the City's investment was to encourage the redevelopment of the 38th Avenue corridor into a pedestrian-oriented neighborhood commercial street with unique restaurants and shops. The City has refined this vision for the street with a corridor subarea plan and implementation of a "road diet" and pedestrian amenities for certain stretches . The parcel is surrounded by a variety ofland uses including multi-family and low density residential to the north . Properties to the west and south are commercial in nature with auto repair, retail and service businesses. To the east across Sheridan is commercial and residential property in the City of Denver. III. CASE ANALYSIS The property is square shaped with the building pushed up against the internal property lines ; typical of strip centers of this vintage. There is an existing service drive with small parking area between the rear of the buildings and adjacent property lines . Parking is located in between the existing structures and the surrounding streets with landscaping on the property limited to the frontages along Sheridan and 38th Avenue . According to city archives , landscaped coverage on the property is around 8%. There are two curb cuts on both Sheridan and West 38th A venue. The proposed design shows the freestanding ATM kiosk pushed against the 38th Avenue right-of-way behind the City-installed str eetscape improvements . The kiosk is proposed to be located in a row of parking between the two curb cuts onto West 38th Avenue. As proposed , it would displace 8 parking spaces. Staff has detennined that the site would continue to have adequate parking after the elimination of these proposed spaces. The proposed kiosk and pad improvements would measure S UP -12-04/JP M organ Chase B a nk 3 roughly 6' x 13' and be 9.5' in height. It is proposed to be gray and blue metal panels. No masonry building elements are incorporated into the structure design. (Exhibit 2, SUP Ian set) GUIDING DOCUMENTS The following documents are applicable to the property and are to be used for guides when considering land use decisions. 38TH AVENUE CORRIDOR REDEVELOPMENT PLAN (Urban Renewal Plan)-adopted 2001 The intent ofthis document was to strengthen the "main street" feel of381h Avenue by promoting mixed use development, improving pedestrian and vehicular circulation and safety and encouraging enhancement of existing businesses. NEIGHBORHOOD REVITALIZATION STRATEGY -adopted 2005 This document identified strategies for the city to become a "community of choice". It establishes goals for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading and rehabilitating housing stock, particularly on the east side of Wheat Ridge and targets underutilized commercial properties for redevelopment. The NRS specifically identifies 38th Avenue as one of four key commercial areas where the City should focus redevelopment efforts. COMPREHENSIVE PLAN: Envision Wheat Ridge -adopted October 2009 On the Comprehensive Plan Structure Plan, the property is shown as being a Neighborhood Buffer area (light brown strips on map below), Main Street Corridor (brown ovals), Community Commercial Center (red circle) and Primary Gateway (black circle with arrows). The intent of the Neighborhood Buffer designation is for buffering and transition between low density residential areas and higher intensity commercial corridors. Identified goals of this designation are to improve the appearance of these areas and increase the vitality by providing a wide mix of uses. Pedestrian linkages to adjacent residential neighborhoods are encouraged. The Main Street Corridor designation is given to 3 8111 A venue between Sheridan and Wadsworth. In this area nodes of locally owned commercial areas should be showcased in a transit and pedestrian- friendly environment. Efforts in Community Commercial Centers should be focused on retaining major supennarket shopping centers with future improvements addressing appearance and transportation functions of existing centers, including multi-modal access. The 38th Avenue/Sheridan intersection serves as a gateway into the City and should showcase unified signage, landscaping and streetscape improvements to signify the entrance into Wheat Ridge SUP-12-04/JP Morgan Chase Bank 4 site 38th A VENUE CORRIDOR PLAN-adopted October 2011 The property is located in the Sheridan Commercial sub-district which anchors the east end of the corridor between Depew Street and Sheridan Boulevard . The vision for this portion of the street is to maintain a variety of community serving businesses with a focus on retail uses . The identity for this area will draw on the existing streetscape improvements that were built by the City in 2002 . Physical improvements recommended in the plan are currently being installed by the City. IV. SPECIAL USE PERMIT CRITERIA Before an SUP may be approved , the applicant shall show and the City Council shall find that the majority of the proposed SUP criteria have been met Exhibit 3, A_Qplicant's response to SUP criteria). Staff provides the following review and analysis of the SUP criteria. 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. Chase Bank patrons may experience benefits from the convenience of the new ATM. However, there are additional Chase Banks located in proximity to this location including facilities at 4704 Harlan and 1705 Sheridan Blvd. A new Chase Bank with drive-through lanes is being built on 38th Avenue in the Safeway Marketplace shopping center (7405 W . 38th Avenue). Staff concludes that this criterion has been met. 2. The special use wilJ not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. There is currently no Chase Bank located in the shopping center. Approval of the SUP could establish a trend for stand-alone kiosks creating visual blight. The proposed A TM is operated to service customers who stay in their vehicles , which is also contrary to identified S UP -12-04/J P M o rg an Ch ase Bank 5 goals in the City's guiding documents for encouraging a pedestrian-friendly environment and showcasing the City-installed streetscape improvements. Staff concludes that this criterion has not been met. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. The primary impacts from the proposed special use will be traffic and aesthetics. While the ASDM requires "build to" lines for new construction, this will be the first of this type of structure installed along the 38th A venue corridor. The ASDM also requires drive through facilities and parking functions to be located to the rear of buildings and screened from street view. Staff has concerns regarding potential negative impact on the appearance of the streetscape improvements installed by the City. Staff concludes that this criterion has not been met. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service of internal traffic conflicts to the detriment of persons whether on or off the site. The location of the proposed A TM kiosk is not ideal as it is in close proximity to the western curb cut into the shopping center from 38th A venue. Vehicles are often stacked several deep at this entrance/exit to tum onto or enter from 38 1h. Proposed stacking for the ATM could spill into the parking lot access lanes creating a potential safety issue. Staff has recommended that the entrance to the A TM have a gentler transition by extending the entrance aisle one parking space to the west. The turning radii created by the new curbing proposed to define the drive through stacking lane entrance and exit is fairly tight and somewhat awkward . Staffs suggestions regarding the site design were not incorporated into the revised plans submitted by the applicant. Staff concludes that this criterion has not been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. Staff has concluded that the proposed A TM improvements have not been appropriate! y designed. Several suggestions were made by staff regarding "softening" the impact through additional landscaping and integration with architectural materials used elsewhere in the shopping center. The most recent plan submittal illustrates a smaJI amount of brick around the base of the A TM structure, though it does not appear to be sufficient to be visible from the street or sidewalk. Also , the intent would need to be clarified as the brick does not appear on all plan sheets. While a row of shrubs is proposed to being installed, this is an area maintained by the City Parks and Recreation department. The suggestions for tree planting in the A TM approach areas and modification of architectural materials were disregarded by the applicant. SUP-1 2-04/JP Morgan Chase Bank 6 Staff concludes that this criterion has not been met. 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. There will be no impact on utilities, parks and schools. The potential negative impacts to circulation in the shopping center would not likely impact public streets. Staff concludes that this criterion has been met. 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. No history was found regarding code requirements or violation of prior conditions of approval on the subject property. Staff concludes that this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. All new structures in the City of Wheat Ridge must meet the standards set forth in the Architectural and Site Design Manual. The proposed A TM does not meet the goals and standards established by the ASDM, in the following regards: building materials; transparency; and location of drive through at the rear of building. Staff concludes that this criterion has not been met. VI. AGENCY REFERRALS Referrals were sent to impacted agencies with response below. Renewal Wheat Ridge (RWR): RWR reviewed the application at a public meeting conducted on June 5, 2012 and concluded that the proposed SUP is inconsistent with the adopted urban renewal plan for 38th A venue. Wheat Ridge Fire Protection District: Can serve. Wheat Ridge Police: No concerns. Wheat Ridge Public Works: Has reviewed and concluded that no external traffic or internal drainage improvements are required. VII. ADMINISTRATIVE NOTICING Pursuant to the requirements of Section 26-114, special use applications can be approved administratively after a ten-day noticing period if no legitimate objections are received. In response to the administrative noticing, one written comment in objection was submitted. The letter of objection speaks to traffic concerns and the desire to create a more pedestrian oriented corridor. SUP-12-04/JP Morgan Chase Bank 7 VIII. STAFF RECOMMENDATION Having made a determination that the majority of the SUP review criteria have not been met, staff is recommending denial ofSUP-12-04 for JP Morgan Chase Bank at 3817 Sheridan Boulevard, for the following reasons: 1. The use would contribute to blight in the area based on the proposed materials and the lack of the any pedestrian orientation to the facility. 2. The facility will have adverse impacts on the area by providing an inappropriate backdrop to the City installed landscape and streetscape improvements. 3. The ATM vehicle circulation will negatively impact internal site circulation in close proximity to one of the major entrances into the commercial center. 4. The proposal is in conflict with the principles of the traditional overlay of the ASDM including specifically, the following: building materials; transparency; and the location of the drive through on the site. 5. Renewal Wheat Ridge found the proposal to be inconsistent with the 38 111 Avenue Corridor Redevelopment Plan (Urban Renewal Plan for the area). SUP-12-04/JP Morgan Chase Bank 8 From: jessica rothman [maifto: jessicarothman@hotmail.coml Sent Wednesday, May 23, 2012 4:21 PM To: Kathy Field SUbject Drive through bank To whom it may concern: My husband, young son and I live at 3831 Sheridan Blvd. We are the first house north of the King Soopers at 38th and Sheridan. We are writing to protest the addition of the drive through bank in the King Soopers parking lot We feel that the addition of a drive through bank is the opposite direction that the city of Wheat Ridge is working toward. From the information that we have received Wheat Ridge is trying to become more pedestrian friendly. By adding anything that is drive through you are encouraging more people to be In their cars and drive down the freshly changed 38th avenue. The entrances and exits to the King Sooper parking lot are poorly designed. There are two places along both Sheridan Blvd. and 38th Avenue to exit and enter the shopping center. T his is right next to the busy intersection of 38th and Sheridan. In the eight years that I have lived in this house I have seen and heard multiple accidents at the intersection of 38th and Sheridan. It is a busy intersection that generates many acddents. The current traffic that goes into and leaves the King Sooper parking lot already struggles to do so safely. My kitchen window looks South toward the King Soopers. I can see people coming and going from the exits on Sheridan. From my kitchen window I have witnessed multiple car acddents and I daily witness illegal turns. The exit that Is further south on Sheridan and closer to the intersection is designed to allow people to turn in and out in certain directions. Drivers are constantly making illegal turns that put others on Sheridan in danger. By allowing more traffic that is strictly going to encourage people to drive in and exit the parking lot we feel that there will be an increase in traffic problems and acddents along both streets. Since we have a young son we are not happy to have more people driving through the already busy parking lot We have already had things stolen out of our yard . We feel like it is a mistake to build the drive through bank. If it is built there should be a redesign of the entrances and exits to the parking lot and a privacy fence should be built between our property and the King Soopers . Please let us know what your response is. Thank you, Jessica Rothman Guerra Francisco Guerra 3831 Sheridan Blvd . Wheat Ridge, CO 80212 303-463 -5904 EXHIBIT 1 I ..... l i f ! ••• J f ' r • • • ·~·,-........ ....... ..... r LOCATION MAP WORK SITE NO SCALE 37THAVt. t; 1( ~ ... ~ ~ R-1 CITY OF WHEAT RIDGE ZONING MAP NO SCALE OFF-PREMISE ATM AND CANOPY PROJECT CONTACT INfO"RMA TION: r RIDGE VILLAGE SHOPPING CENTER 3817 SHERIDAN BLVD WHEAT RIDGE, CO 80212 JOSHUA HIGGINS 10672 JASMINE ST FONT ANA, CA 92337 909-770-7927 REQUEST: S.U.P. FOR FREE-STANDING DRIVE-THRU CANOPY, DOGHOUSE AND HEADACHE BAR 1 -·-·-·-·-·-·-·-·-·-·· ZONING: COMMERCIALRETAIL . iAPN: 021184 ~ iTRACTID: ~ iLOT SIZE: 216,311 NO.: 1, 2 ~ jBLOCI<: ~ jOWNER REF.: I . ICO RELA-ESATET GROUP, INC. I ~---PARKrNGANALYSIS-.. : I· sTANDARD sTALLS : 296 sTALLs I HANDICAP STALLS; 7 STALLS : ·CHARGING STALLS 0 STALLS I !TOTAL REQ . 261 STALLS : 'TOTAL~~~~e FOOT AGE 3~rALL~ i DISTURBED SOIL FOR FOUNDATION OF CANOPY . _ .. _A_~D -~T~. :._ ~~6~q ft_. _ .. TYPE OF PROJECT AREA IN PARKING LOT LOCATION TO BE PREPPED FOR THE INSTALL OF A NEW ATM AND OVERHEAD CANOPY. A TM AND CANOPY SINGLE -STORY STRUCTURE. SCOPE OF WORK CALLED OUT AREA FOR A TM I CANOPY TO BE EX CAVA TED AND FORMED FOR CEMENT POUR AND CONDUIT(S) TO BE ROUGHED IN FOR UTILITIES. INSTALLATION OF PRE-FABRICATED CANOPY AND HEAD-ACHE BAR . APPLICABLE BUILDING CODE 2009 INTERNATIONAL BUILD I NG CODE OCCUPANCY TYPE-U CASE HISTORY S.U.P.-12-04 S.U.P .-02-01 ~tl) ~ ..... f5 ~~ ~g ~~ ~~ EXHIBIT 2 ? • . ~ r·-·-·-·-·-·-·-·-·-·-·-·-~ ·-·-·: s;~ I. ~r I_ ~ m ~ , II-r-~--------.------------,------,-,----------, V1 l> q z . !--____.__, L-.- ~ §[h)®[J~cd]~ ru G) m 0 11 n c :::0 0::1 ~~WNBY ~~J;~;o . ~:~~6.12 ~~~~;BANK t'Nfo\~-,'o'~~ \a~ fiUr7_\a DESCRIPTION REVISED 3817 SHERIDAN BLVD ~\~J.L:£)~~ ~l!!J SITE PLAN ~IO~E~ VILLAGE 05 ' 3 1. 12 WHEAT RIDEG, co 80212 NATIONWIDE IMPLEMENTATION SOl 0 s . 6" CONCRETE CURB (TYP. RMUDA GRASS TO MATCH (E) T------25' 3" ---,If (E) MONUMENT SIG +-----------------~--------------------------19~------------~------------------------------~ 16 qty Penn isetum alopecuroides Black Glowering Fountain Grass 24"oc ITE PLAN DETAIL NEW LANDSCAPE: GRASS & (16) SHRUBS 24"H TO (E) GRASS IRRIGATION TO BE MODIFIED TO INCLUDE NEW BUBBLERS FOR SHRUBS AND HEADS FOR GRASS ~ m l> ...... "a -00 r- II l> ...... z c m -f l> .... r- --- -- - DRAWN BY JH PROJECT NO. CA1533 v DESCRIPTION PROJECT AREA PlAN DETAIL RIDEG VILlAGE ISSUE 04.16.12 REVISED 05.31.12 CLIENT CHASE BANK 3817 SHERIDAN BLVD WHEAT RIDEG, CO 80212 @@Ik)])~ ~}] NATIONWIDE IMPLEMENTATION SO GENERAL NOTES 1. NEW CONCRETE SUPPORTING CANOPY SHALL BE 3000 PSI 2. SONOTUBE FOOTING FOR HEADACHE BAR TO BE 3000 PSI STRENGTH 3. ALL REMOVED I DISTURBED SOIL WILL BE CONTAINED AND DISPOSED OF SO THAT NO SOIL WILL REACH THE NEAREST DRAIN PER BEST MANAGEMENT PRACTICES GUIDELINE(S). 4. REBAR MATS FOR CONCRETE ISLAND TOP & BOTTOM: REFERENCE S.E. SULLAWAY ENGINEERING PAGES 5 . SIGN MANUFACTURE UL CERTIFIED 6 . LIGHT STANDARD TO BE 14 '-16 HIGH WITH DUAL 400W SODIUM HALIDE LAMPS , TO EXCEED STATE OF CO ELECTRICAL CODE IN REGARD TO ILLUMINATION REQUIREMENTS AT I AROUND A TMS ' S A. ALL EXTERIOR LUMINARIES SHALL BE SHIELDED OR CUT OFF LUMINARIES AS DEFINED IN SECTION 132(B) OF THE CA ENERGY CODE B. SHOW NO MORE THAN .01 HORIZONTAL LUMEN FOOTCANDLES ESCAPE 15 FEET BEYOND THE SITE BOUNDARY C. ALL EXTERIOR LIGHTING SHALL HAVE CONTROL THAT AUTOMATICALLY TURN OFF OR LOWER LIGHT LEVELS DURING INACTIVE PERIODS FROM DUSK TO DAWN 7. ONLY A 11 CITY OF WHEAT RIDGE CERTIFIED HAULER .. WILL BE USED FOR HAULING OF CONSTRUCTION WASTE I . - . -. SONOTUBE. BASE.- 24" X 24 " DIAM. 3000 PSI CONCRETE FOUNDATION REFERENCE ENGINEERING DRAWINGS REFERENCE ENGINEERING DRAWINGS I) Locate ten i column ted nick l whh Cl\4 )') nd all oo hur bol le-vt:l 50 the nluminum c;olwnn ~:18d is i:matcl) 118"1lbovc th top of the ~e p:u1 Uo not u&fltl."'l doWn 111chor boll nuu until canop)' ruor i.s inSCAilcd . Rcmo\ c the column c d c p1111d on the inside I of tltr column set ide . 2) J..oc.te right side c~lurnn fp~tnted blue) n<l in II on dlor bol c;c p111d ~ ec t~· "i •de~ o OJ> - 4) 51 6) I el o the aluminum col mn lad i pproxim ul 118" O\•c th top ofth • conaete p . Del n tJghtcn dC\1>-n nndlor bolt nuts LMUI ~CIP> rooftSIJlStalled. Remove-the column dad ecru pa~l on 1h rnsidc k:g of the column sc aside. icr ace~ IJJthc mountin points for t.he eolumn lJl (prtl'ltid ). Cltccl. tom e 7) Hoo&! uprhr shan pic« of%" I quld-1 photoc.ell on CD'o'cr) r&Mtop fthe I kl cotumn· Thl tin ) ~too length f 1.,. li u d-!J I cabli: runs thru th c op)' 10 the mcro t.an I· I nsh line I pt'C\1 dtd in hquid-tillhJ lo pull the mera c11blin to the unit. 9) 1c hlcoming clcctn I pply into the 4", .r june• on ho 11 bon. m oflhe left sid lumn. c: mpleco: 1.T1 bit hool<-up & vcrii} th.at moontin 11nd nc:hor bel~ tight~ed. R~ Install the ltD pe.ncl & mountin bndrct t~ li 11 th uni • The 1 1 II m 1 be c Yctcd to slmu1all: clarkn s ti nhe uni11o li 10 II) Rc-lrutall the qtlumn •cress pand and l.OI.Ich up Jl)' ouch up ~~ec pUn.:l s~ . 12) SIGNAGE SEPERATE PERMI t , IIOI.T W:S 10 ~ PIJI II'S s:tAICWICS. BClU 101' 10 LIGS P£R n'S ST . l. aa.' L(c;s ro ttl' l'tll rr5. ~ MANUFACTURING DETAIL WET STAMPED AND SIGNED BY LOCAL LIC ENSED STRUCTURAL ENGINEER, ACCOMPANI ED FOR REFERENCE ONLY 22' 9"r 12' 10" I 0 I r 0 I 0 .. l [iJ ~ ) ~~ "' l s ~ Plan View SCALE : 3/8" z 1' o· 0 E: HEJGHT DIM ENSION ASSUMED WITH A 6" CURB IGHT I I I I EO.~ 9-518" LEQ Approach Side FS_Canopy_b_s SCALE: 3/8" = 1' 0'' ·~.\----------=- Front View I I 1 1 I ~-+-----9'0.1/2" -------+-·....o!· r r Exit Side I I I I ~ EQ. t 1' 7-318" -tEO. i e COLOR ELEVATION-CANOPY/ COVERING NO SCALE N 0 UCANOP Y APPROACH ELEVATION S CALE: 1 W :: 1' o· CLIMATI C CONDITIONS Heating Degree Da ys: 6343 Wlnte Desi g n T emperature: (~3)°F Summer Dry Bulb 9Q°F Summer Wet Bulb 59" F ;:- "1.----1-- • -'lr----1-- il I T 7' Ar Freezing In dex 867 A Mea n Annual Te m perature 48.1° F ~ ~ f' -... .... 0 ... ... ~ b ..... •' CIO '· ll'-ie>' QW_~~P't TOP VIEW SCALE : 1/4·: 1'0 • • ' .. :• "i' ..... --:.: •.........• ·: ~-... • ..... 8"'-1------9' 0-1/T -------~~ D CANOPY FRONT ELEVAfrOH S CALE: 1W = 1' 0'- e FINISH LEGEND CANOPY NO SCALE L ... J : ~ .. -;, i . io .. , ... ••. ··~ .·.· ....... · : ... 2'-IC> )1.4' QIU_CANOPY DEPARTURE ELEVA nON SCAL E: 1W ::: 1' o· G) 1/8" Akm.,un ROJt.ad Si!Jl Face For.AJ:pmadl Side Colulm : Pairt Matthews IMP-18248 Chase Dark Neb~ Gl oss Finlstl . (See Detail Plgela) ® Thannofamed 8.046 Blue /JayJE; Octagon. (See Octagon O.tail Page 12) @ .osu· Numirurn RehmS Parted r.F 182AI @ 1/8" Akrn.,001Ciad!alg-P nt MP-1824! Chase Oat Nldu!l Gloss F'.,ish ® Canqpy P•ameter Frane Consh.cted O f Z' X a · X 1/8 . Recta~\JIW' Abnmm Tuba ~de<llnm One Unrt- F IUlt Edge "'18<1 To 47• Angle : Part Entire canopy Chase B kle M etalle MP-49353 @ Rece:S.Sed OoM1 Ugti To Be Rudd # R00-1 2 100 Metal Halide 120.0 Wrth Rush Lens. Explsed Axtuns Frame To Be Panted Chase .BIIll!l Metallic MP-353 (!) 118" Ah.rn . O addDJ Attached To CanoP)I Undtnlde F taming -No E.Jcposed Fastamn ; P.aint Chase Bkle Meta M P-49353 @ Roo f Crail With Saeiln ®Let rs to Be Ste Routed 3/4" Ctear /la'fie W I A!St &nface v.,ye 3M II 3632-20 V.,ite ~piled & S ea~nd S u rface V1rr~ 3M363S.70 Wh Diffuser ~pliiKL(Sa& Detail Page tl:3• @Logo To Be 3/.&·oear~lc F\J sh-Thru Od:agon Wi Second SLrlace 3 M 3632-127 BIUI! y-.,y~ (SSe Detal Page 13) GJ) 1/lr Akrni1~n~ one P iece Rao r Pan Futt Welded At Coml!lrs And Pane r atiOns To 811T1ila iB Water Leall.s-Stcpe A& ShaM~; Pam t MP-49353 Chase Bkle Metallic. @Endostn Forcame.ra -(By oo.-s) w ~ _J ..... > t::;t!> wW .... a a,... g;o:: m . a :> !!! Hloog -&Ottno f e !!:' e W381hAve CoRd lBO e II ~ ,._,.,.,.. P.n. ............ AI- ~ 0 I § !!' 1 M s....... e II' y Al=:ft \ l!) e gl " iS. .. :> m < Q. W39i1Ave ,, ® e • Juotii<MH e ., .... ~ W311UlAve ~ f l . !!! !!! § ti ~·· e y 110:10 f) ' 0 if N [ I !!:' "' li Siqntech · 4444 Federal Blvd. San Diego CA 92102 Phone: (619) 527-6100 I Fax: (619) 527-6111 www.signtechUSA.com JP Morgan Chase Bank Ridge Village 3817 Sheridan Blvd. Wheat Ridge, CO. 80212 Salesperson : Arthur Navarro Coordinator: Melanie Pickett Designer· kendra pickett Scale: As noted Revisions CUSTOMER APPROVAL Customer Signature Date COPY, COLORS & SIZES Signtech does NOT p rovide primary electrical to sign location - RESPONSIBILITY OF OTHERS! Customer Signature Date This design is t he exclusive p roperty of Sign tech and cannot be rep roduced in whole or in pan, w ithout their prior written approval. Drawing Number: 12 -00752 Work Order Number: 56426 Title Page 1 J J I I ' . I ' . I SIGN LEGEND No. Sign Type Description 001 CUSTOM CAN-ATM-SIG Signature Canopy with Custom Brick 002 HB-U Headache Bar 003 U-DOGHOUSE Doghouse ATM Unit 004 TC-P-H Pole Mounted Do Not Enter Sign r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-· r ·-·-·-·-·-·J ' I ~iqntech· 4444 Federal Blvd . San Diego CA 92102 Phone: (619) 527-6100 I Fax; (619) 527-6111 www.signtechUSA.com JP Morgan Chase Bank Ridge Village 3817 Sheridan Blvd. Wheat Ridge, CO. 80212 Date : 06/11/12 Salesperson: Arthur Navarro Coordinator: Melanie Pickett Designer· kendra pickett Scale: As noted Revisions CUSTOMER APPROVAL Customer Signature Date COPY, COLORS & SIZES Signtech does NOT provide primary electrical to sign location - RESPONSIBIUTY OF OTHERS! Customer Signature Date This design is the exclusive property of Signtech and cannot be reproduced in whole or in part , without their prior written approval . Drawing Number: 12-00752 Work Order Number: 56426 Site Plan and Sign Legend Page No . 2 Graphics depicted are for illustrative purposes only Use only approved artwork for production. APPROACH ELEVATION 0 I 0 ~ White Translucent 3M 3632-20 White Diffuser 3M 3635-70 ALL EXPOSED PAINTED SURFACES SHALL BE COATED WITH MATTHEWS #282·208SP VOC GLOSS CLEAR , WITH MINIMUM 2 MILS DRY FILM THICKNESS (OFT) PER MATTHEWS APPLICATION SPECIFICATIONS . FRONT VIEW CAN-ATM Intense Blue 3M 3632-127 Translucent Blue Aristech 6046 Matte Finish All EXPOSED FASTENER HEADS SHALL BE PAINTED TO MATCH THE EXTERIOR CABINET FINISH SCALE: 3/8" = 1•-0" SCALE: 3/8" = 1•-0" CUSTOM BRICK BASE MANUFACTURE (1) ONE ILLUMINATED SIGNATURE ATM CANOPY Chase Metallic Blue Paint to match MP-49353 Metallic Gloss Finish DEPARTURE ELEVATION SCALE: 3/8" = 1•-0" 6iqntech· 4444 Federal Blvd. San Diego CA 92102 Phone: (619) 527~100 I Fax: (619) 527~111 www.signtechUSA.com JP Morgan Chase Bank Ridge Village 3817 Sheridan Blvd. Wheat Ridge, CO. 80212 Date: 06/11/12 Salesperson: Arthur Navarro Coordinator: Melanie Pickett Designer· kendra pickett Scale: As noted Revisions CUSTOMER APPROVAL Customer Signature Date COPY, COLORS & SIZES Signtech does NOT provide primary electrical to sign location - RESPONS/8/UTY OF OTHERS! Customer Signature Date Th is design is the exclusive propertv of Signtech and cannot be reproduced in whole or in part, without their prior written approval . Drawing Number: 12-00752 Work Order Number: 56426 Page No . 3 Joshua Higgins 10672 Jasm ine St., Fontana CA 92337 • Phone: 909 -770-7927 • Fax: 909-770-7939 • Web: www .GoldenEagleNIS .com May 4 , 2012 City of Wheat Ridge Community Development: re: In Response to Special Use Permit Evaluation Criteria I) The special use will have a detrimental effect upon the general health , welfare , safety and convenience of persons residing or working in the neighborhood. Answer: Chase provides an overwhelming amount of information on ATM safety tips . Included are security cameras and lighting within the vicinity, surrounding the ATM This is included in our permit submittal 2) The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. Answer: Chase has included provision of landscaping, shrubs and trees that will provide some screening of the Chase preferred branding. Transaction case studies show an average of two cars stacking, with a common average ATM use of 2.9 minutes per transaction. There-by minimizing idling in the drive up stacking space and maintaining (e) parking lot circulation. 3) The special use will not create adverse impacts greater than allowed under existing zoning for the property. Answer: Based on hundreds of projects throughout the country where islands have been installed throughout the commercial retail environment the impact have been non-characteristic. 4) The special use will not result in undue traffic congestion or traffic hazards , or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. Answer: We have also adjusted the island and stacking lanes to sit centered within the approach aprons of the parking lot. EXHIBIT 3 Joshua Higgins 10672 Jasm ine St., Fontana CA 92337 • Phone: 909-770-7927 • Fax: 909 -770-7939 • Web: www .GoldenEagleNIS.com 5) The property is appropriately designed , including setbacks , heights , parking, bulk, buffering , screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood , especially with the adjacent properties. Answer: The ATM Island and its Use is designed to have no significant impact to the beautification of the community; but , to enhance reliability and convenience to consumers who reside in the community to visually distinguish the need for financial transaction needs at any given time. We have included a 3D rendering to example how the color branding scheme will fit in the surrounding areas. Chase has the options to change the branding to a more earth tone , rock shading such as nickel to help camouflage the structure into the surrounding environment. This has been included in our permit deliverable . 6) The special use will not overburden the capacities of the existing streets, utilities , parks , schools and other public facilities and services. Answer: Based on the queuing study and common transaction studies, there is no overburden. The queuing study can be provided should the people request . 7) There is a history of compliance by the applicant and/ or property owner with Code requirements and prior conditions , if any, regarding the subject property. Answer: We have no objection. However this project will conform to all IBC, local amendments and compliances required under approval. 8) The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Answer: Our deliverable has now been modified and is within compliance and standards. Joshua Higgins, P.E. Golden Eagle NJS cc: File Chase: A TM-Deployment Team © 2012 Golden Eagle NIS ~ .~ City of JP'"WheatRl._dge ITEM NO:~ DATE: June 25,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2012 AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 22, SECTIONS 22-67 AND 22-68 (a) TO CLARIFY THOSE ENTITIES WHICH ARE EXEMPT FROM USE TAX ON BUILDING MATERIALS AND SUPPLIES 0 PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: ~ ORDINANCES FOR 1ST READING (06/25/2012) 0 ORDINANCES FOR 2N° READING (07/09/12) D YES ~ NO City Code sec. 22-66 imposes a City use tax on certain transactions or use in the City. Sec. 22- 67 exempts certain items from City use tax. Sec. 22-67 (2) contains such an exemption for transactions involving tangible personal property which would be exempt from the City's sale tax; however, it also contains an exception to the stated exemption for use tax on building materials and supplies. This section has caused much confusion though the years and does not comport with staffs policy concerning the administration ofthis section. This ordinance amends the Code to resolve these problems. PRIOR ACTION: City Council reviewed this item at its study session on June 18 , 2012 , and directed that the ordinance be brought for first reading. FINANCIAL IMPACT: Due to staffs administrative policy concerning the application of this section to date, it is not anticipated that this change will have a financial impact on the City. Council Action Fonn 6 /25 /2012 Page2 ' ,. ',J BACKGRO UND: Section 22-67 (2) creates a general exemption to the City's use tax; however, that same section creates an exception within the exemption, effectively imposing a use tax on all building materials and supplies regardless of whether the transaction or use would otherwise be exempt from City tax. Despite this blanket application of a use tax on all building materials and supplies, staff has generally taken the position that imposition of a City use tax on City and quasi-City projects merely creates an administrative burden, but no revenue increase or decrease for the City. As such, it would be more effective to simply exempt City projects and quasi-City projects from use tax on building materials and supplies. Quasi-City projects would include projects by Renewal Wheat Ridge and Wheat Ridge Housing Authority. In addition, the ordinance proposes to exempt public school projects from City use tax on building materials and supplies, as well. Because public schools are not required to obtain building permits, tracking and auditing these projects is extremely difficult. This ordinance clarifies sec. 22-67 (2) to eliminate the exception within the exemption. It also creates new subsections (3) and (4) to expressly exempt City, quasi-City and public school projects from City use tax on building materials and supplies. Finally, the ordinance amends sec. 22-68 (which imposes use tax on all building materials and supplies) to expressly refer to the two newly-created exemptions contained in sections 22-67 (3) and (4). RECOMMENDATIONS: City staff recommends adoption of this ordinance on first reading. RECOMMENDED MOTION: "I move to approve Council Bill No. I 1-2012, an ordinance amending the Wheat Ridge Code of Laws, Chapter 22, sections 22-67 and 22-68 (a) to clarify those entities which are exempt from use tax on building materials and supplies on first reading, order it published, and public hearing set for Monday at 7 :00p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely the ordinance amending the Wheat Ridge Code of Laws Chapter 22 , sections 22 -67 and 22-68 (a) to clarify those entities which are exempt from use tax on building materials and supplies for the following reason(s) " REPORT PREPARED BY; Gerald Dahl , City Attorney Kathy Franklin, Sales Tax Supervisor ATTACHMENTS : I. Council Bill No. 11-2012 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 11 Ordinance No. ---- Series 2012 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 22, SECTIONS 22-67 AND 22-68 (a) TO CLARIFY THOSE ENTITIES WHICH ARE EXEMPT FROM USE TAX ON BUILDING MATERIALS AND SUPPLIES WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the Council has previously exercised these powers by the adoption of Chapter 22, Division 3 of the Wheat Ridge Code of Laws ("Code") concerning application of use tax; and WHEREAS, Code Sec. 22-67 (2) specifically provides for exemptions from the City's established use tax on certain tangible personal property and exceptions to those exemptions as they relate to building materials and supplies; and WHEREAS, Code Sec. 22-68 (a) unconditionally imposes the City use tax on building materials and supplies; and WHEREAS, the City Council has determined that the imposition of use tax on building materials and supplies should not be extended to such materials and supplies for certain City projects or public school projects; and WHEREAS, the City Council desires to revise Sees. 22-67 and 22-68 (a) of the Code provide for exemption of use tax on building materials and supplies for certain City projects or public school projects. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Sec. 22-67 (2) is hereby amended as follows: There shall be exempt from the tax provided in section 22-66, the storage, use, distribution and consumption of the following: ... (2) Tangible personal property which if it were sold at retail within the city would be exempt from sales tax under the provisions of section 22-58; provided, however, that any building materials and supplies shall be subject to use tax as provided in section 22-68 hereof without limitation of the foregoing., this pro•1ision shall apply 'Nhere tangible personal property is utilized or consumed by a charitable organization, as defined in section Attachment 1 22 21, in the conduct of its regular religious, charitable or eleemosynary functions and activities. Section 2. Code Sec. 22-67 is amended by inserting a new subsection (3) to read as follows: There shall be exempt from the tax provided in section 22-66, the storage, use, distribution and consumption of the following: ... (3) BUILDING MATERIALS AND SUPPLIES FOR CITY PROJECTS , WHEAT RIDGE HOUSING AUTHORITY PROJECTS AND RENEWAL WHEAT RIDGE PROJECTS, WHETHER PURCHASED BY THE CITY, WHEAT RIDGE HOUSING AUTHORITY OR RENEWAL WHEAT RIDGE, OR A CONTRACTOR FOR THE SAME , SHALL BE EXEMPT FROM THE CITY'S USE TAX. Section 3. Code Sec. 22-67 is amended by inserting a new subsection ( 4) to read as follows , and renumbering the remainder of the section accordingly: There shall be exempt from the tax provided in section 22-66 , the storage, use, distribution and consumption of the following: ... (4) BUILDING MATERIALS AND SUPPLIES FOR PUBLIC SCHOOL PROJECTS, WHETHER PURCHASED BY THE PUBLIC SCHOOL , OR A CONTRACTOR FOR THE SAME, SHALL BE EXEMPT FROM THE CITY'S USE TAX. Section 4. Code Sec. 22-68 (a) is hereby amended as follows: SUBJECT TO THE LIMITATIONS SET FORTH IN SEC . 22 -67 (3) and (4), €every person who builds , constructs , reconstructs, alters , expands, modifies or improves any building , dwelling , or other structure or improvement to real property in the city, including all exempt institutions or private construction job sites, and who purchases lumber, fixtures , or any other building materials and supplies used therefor, or any other article or articles of any tangible personal property used therein , and every owner or lessee of realty or improvements thereon situated in this city, upon which any article or articles of tangible personal property acquired from sources within or without the city are installed , attached or affixed, or any equipment used for construction thereon or improvements thereto , and which the contractor, owner or lessee has not paid the tax imposed by this chapter thereon shall pay a use tax in either of two (2) ways: ... Section 5. Severability, Conflicting Ordinances Repealed. If any se ction , subsection or clause of this 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 6. 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 _ to _ on this _ day of , 2012 , 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 , 2012 at 7:00 p.m ., in the Council Chambers , 7500 West 291h Avenue , Wheat Ridge , Colorado . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, th is day of , 2012 . SIGNED by the Mayor on this __ day of _____ , 2012 . ATTEST : Janelle Shaver, City Clerk First Publication : Second Publication: Wh eat Ridge T ranscript Effective Date : Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl , City Attorney ... ~ '~ .. • .,. City of • )P'WheatRi_dge ITEM N 0: ____!:l_ DATE: June 25 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 10-2012 AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE PLANNED DEVELOPMENT DISTRICT REGULATIONS AND PRIVATE ZONE CHANGES AND MAKING CERTAIN AMENDMENTS TO CHAPTER 2 IN ASSOCIATION HEREWITH (CASE NO. ZOA-12-01) 0 PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS [8J ORDINANCES FOR 1sT READING 6/25 /2012 0 ORDINANCES FOR 2ND READING 7/9/2012 D YES City Manager ISSUE: The most recent amendment to the planned development code was approved five years ago in May 2007 , at which time the City adopted a two-step approval process and additional administrative approvals. The attached ordinance represents an extension of that 2007 effort for the purpose of refining the two-step process and addressing these central goals: • Separate the zone change procedure (ordinance and criteria) from the approval of specific site design for planned developments ; • Establish a more logical and predictable procedure for planned development approval , allowing a developer to proceed with more assurance through the entitlement process; and • Improve clarity, consistency, and organization within the zoning code. The proposed ordinance repeals and reenacts article III (planned development district regulations) and section 26-112 (private rezoning). Case No . ZOA -1 2-0 1 I Pl anned D evelopment s Council Action Form June 25 , 2012 Page 2 . . ' PRIOR ACTION: Staff presented to Planning Commission at a Study Session on January 19 ,2012 and City Council discussed the ordinance at a Study Session on April 2 , 2012. Staff was directed to proceed and to establish a review procedure as streamlined as possible. At a public hearing on May 17 , 2012 , Planning Commission voted to recommend approval of the proposed ordinance. Meeting minutes from the public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: If adopted , the proposed ordinance establishes a shorter review process for planned developments , and therefore may result in a reduction of application fees remitted to the City. At the same time , however, the new procedures may result in less staff time to process planned developments. Further the ordinance promotes economic development goals by allowing a private developer to proceed with more assurance and predictability through the entitlement process. BACKGROUND: Chapter 26 establishes procedures for two types ofprivate zone changes : a private rezoning to a straight zone district and a rezoning to a planned development district. Prior to the 2010 adoption of mixed use zone districts , applicants requesting a zone change for commercial and industrial development were limited to only one option : rezone to a planned development district. Now that applicants have the option to rezone to a mixed use district , a reassessment of the planned development process is particularly opportune. A planned development is fundamentally a negotiated zoning and development scenario , and the proposed process separates the zoning and design components of a planned development to reduce the cost and time associated with an application review. Each step in the review procedure will now be progressively more detailed but entail progressively less risk for an applicant. Current Process The zoning code currently provides two options for review of a planned development application: Option 1: An applicant may submit a single comprehensive document (a specific outline development plan) to seek approval of a zone change, specific site layout, and architectural design. The application requires a neighborhood meeting, is processed as a zone change, approved by ordinance by city council , and is subject to legal protest. Subsequently, a final development plan (FOP) is reviewed administratively for approval of final design and engineering. Option 2: An optional two-step process includes two subsequent applications : first a conceptual outline development plan to establish the planned development zoning Case No. ZO A-1 2-0 1 I Planned Deve lopments Council Action Form June 25 , 2012 Page 3 designation, followed by a specific outline development plan to establish site layout and architecture. Under this option, both steps require a neighborhood meeting, are processed as zone changes , and require approval of ordinances by city council. Both steps are also subject to legal protest. Subsequently, a final development plan (FDP) is reviewed administratively for approval of final design and engineering. The two-step process provides for speculative or phased development, but it ultimately leaves developers with more uncertainty by requiring that both steps be processed as zone change ordinances. Some applicants choose to submit a single specific outline development plan to ensure a single zone change procedure, but this option entails substantially more financial cost and risk at the beginning of the process and results in rigid details of design . Proposed Process A primary goal of the proposed amendment is to separate approval of specific site design from the zone change procedure and criteria. Under this approach, new planned developments would include two components: 1) An outline development plan (ODP) that establishes the planned development zoning designation , permitted uses, and underlying development parameters ; and 2) A specific development plan (SOP) to provide specific site plans , building elevations , and preliminary civil documents. Applicants will still have two options for review, including a concurrent and subsequent submittal , but the two-step process will be notably more efficient by establishing planning commission as the final authority for the specific development plan. Option 1: An applicant may concurrently submit an outline development plan to seek approval of a zone change and a specific development plan to seek approval of specific site layout and architectural design. A neighborhood meeting is required for the zone change component. Both documents are approved by city council , but the zone change is approved by ordinance and therefore subject to legal protest; the SDP is approved by resolution. No final development plan is required. Option 2: An optional two-step process includes two subsequent applications: first the outline development plan to establish the planned development zoning designation, followed by a specific development plan to establish site layout and architecture. Under this procedure, only the ODP application requires a neighborhood meeting; it is processed as a zone change, approved by ordinance by city council , and is subject to legal protest. In the second step , the SDP is approved by resolution by planning commission. No final development plan is required. With the planning commission as the final authority for specific developments , an applicant may save up to two months under the two-step process. With the elimination of the final Case No. ZOA-12-0 1 I Planne d D evelo pments Council Action Form June 25, 2012 Page4 development plan, an applicant may proceed directly to building permit review after the approval of a specific development plan-a change that saves an additional two months and reduces redundant reviews. Attachment 1 compares the current and proposed processes. Organization In addition to establishing an improved and expedited review process, Article Ill is reorganized in the proposed ordinance to provide clarity for readers. Several sections have been given new titles that more clearly describe the content of the section. The district regulations have been moved to the end of the article, and an appeal process is delineated. A new subsection (26- 302.B) discusses the sequence of related applications, including the outline development plan, specific development plan, and subdivision applications; this information was previously scattered throughout article III. Criteria The current zone change criteria suggest that a zone change is not justified unless an area has already experienced a change in character. The proposed criteria (26-303.D) are more logical and recognize the zone change as a tool to acknowledge actively changing conditions or to bring a property into compliance with City plans and policies. A planned development is not a means around the zoning code, so an additional criterion requires applicants to justify why development is not feasible w1der any other (straight) zone district, including mixed use zoning. A new set of criteria are proposed for the specific development plan. These are more suitable for assessing the site plan for compliance with the underlying zoning. Amendments Flexibility is a central feature of a planned development option, but once approved and recorded a planned development typically entails very restrictive zoning and detailed site plans, making them effectively inflexible. Change is inevitable, and under the proposed code an amendment to the specific development plan-within the parameters and intent of the outline development plan-would be reviewed administratively or by planning commission, depending on the scope of the variation. An additional provision allows existing planned developments to be amended under the proposed process. This affords more flexibility and administrative discretion than is provided under the current code. Sec. 26-112 (Private rezoning) Staff has proposed modifications to the general zone change procedure that increase clarity and update the zone change criteria (as described above). There is no change to the process or submittal requirements for a private rezoning. The proposed amendments consolidate the review procedure into one section and more clearly state when a private zone change applies, versus when a planned development is required. Case No. ZOA-12-0 I I Planned Development Council Action Form June 25 , 2012 Page 5 Sec. 2-60 (Pla~tning commission) Chapter 2 (Administration) of the code oflaws establishes the functions of the City's boards and commissions. Section 2-60 states the functions of the planning commission, and summarizes land use procedures as they relate to planning commission review. The proposed amendments include updates to section 2-60 to align with current review procedures. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 10-2012, an ordinance amending Chapter 26 concerning the planned development district regulations and private zone changes and making certain amendments to Chapter 2 in association herewith, on first reading, order it published, public hearing set for Monday, July 9 , 2012 at 7:00p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 10-2012, an ordinance amending Chapter 26 concerning the planned development district regulations and private zone changes and making certain amendments to Chapter 2 in association herewith, for the following reason(s) " REPORT PREPARED BY; Lauren Mikulak, Planner I Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Comparison Table 2. Council Bill No. 10-2012 Ca e No. ZOA-12-0 1 I P lanned Developments COMPARISON TABLE The following table compares the current and proposed review process associated with planned developments. The specific development plan (SDP) is proposed to be separated from the zone change procedure (ordinance and criteria). A neighborhood meeting will no longer be required for this site design component, and the SOP will be approved by resolution thereby eliminating the possibility of legal protest. Additionally, the requirement for a final development plan is eliminated. This reduces redundant reviews and allows an applicant to apply directly for a building or right-of-way permit. CURRENT Neighborhood PC Public CC Public Legal Protest Recording Administrative Meeting Hearing Hearing Possible Required Review Conceptual Outline Development Plan X X X X X Specific Outline Development Plan X X X X X Final Development Plan X X Building/Right-of-way Permit X PROPOSED Neighborhood PC Public CC Public Legal Protest Recording Administrative Meeting Hearing Hearing Possible Required Review Outline Development Plan (ODP) X X X X X Specific Development Plan (SOP) X x• X Building/Right-of-way Permit X • If the ODP and SOP are submitted separately, Planning Commission is the final authority on the SDP; no public hearing before City Council is required. If the ODP and SOP are submitted concurrently, City Council will review both applications together and be the final authority on the SOP. Attachment 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER----- COUNCIL BILL NO. 10 ORDINANCE NO. ___ _ Series of 2012 TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE PLANNED DEVELOPMENT DISTRICT REGULATIONS AND PRIVATE ZONE CHANGES AND MAKING CERTAIN AMENDMENTS TO CHAPTER 2 IN ASSOCIATION HEREWITH WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, the City has identified a need to simplify land use processes and eliminate redundancies; and WHEREAS, the City wishes to amend Article Ill of Chapter 26 pertaining to planned development district regulations; and WHEREAS, the City has determined that additional sections of the Code should be amended for the sake of clarification. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Article Ill of Chapter 26 of the Code is hereby repealed in its entirety and reenacted to read as follows: ARTICLE Ill.-PLANNED DEVELOPMENT DISTRICT REGULATIONS Sec. 26-301.-Scope and application. A. District created. There is hereby created a planned development district to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following planned development zone district categories, based on the primary land use of a proposed development plan or portion thereof: 1. Planned Residential Development-PRO. 2. Planned Commercial Development-PCD. 3. Planned Industrial Development-PID. Attachment 2 4. Planned Hospital Development-PHD. 5. Planned Mixed Used Development-PMUD. The city council recognizes these zone district categories may exist singly or in combination within any approved planned development. B. Applicability. On and after the effective date of this chapter as set forth in section 26-1003, all applications for a zone change shall be to a planned development district where any one ( 1) of the following conditions exist: 1. An application for a zone change to any commercial district, with the exception of a rezoning to any mixed use district, for properties of any size. 2. An application for a zone change to any industrial, residential , or agricultural district for property over one (1) acre in size, or for which an applicant owns adjacent property which, taken together with the property that is the subject of the application , totals more than one (1) acre. This article shall apply to: 1. Any new application for a rezoning to a planned development district. 2. Any application for amendment to an existing planned development zone district. C. Purpose. The intent of the planned development district is to permit the establishment of well-designed , innovative developments which may not be feasible under a standard zone district, but which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity. While the city council recognizes that planned developments may vary certain design and other requirements, the planned development process may not be used to circumvent the intent and spirit of the protections afforded by this chapter. The planned development district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The general purposes of this article are as follows: 1. To accommodate extraordinary or unique development proposals that are not feasible under standard zone districts. 2. To accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. 3. To promote flexibility in design and permit diversification in the location of structures. 4. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 5. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site . 2 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. 7. To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. Sec. 26-302. -Planned development review procedures. A. Development plans. There are two (2) distinct steps in establishing a planned development: approval of an outline development plan (OOP) and approval of a specific development plan (SOP). The first approval process includes a zone change to a planned development district and approval of an outline development plan. The second approval process is for specific site design and architecture, and includes approval of the specific development plan. Both phases of approval include public hearings subject to the provisions of sections 26-303 and 26-305. B. Sequence of related applications. 1. Applications for outline and specific development plans may be submitted concurrently or sequentially. 2. If platting is required, subdivision or plat review may be carried out simultaneously with the review of the specific development plan. Generally, subdivision review is required if a proposed development dedicates right-of-way for streets, easements or other public lands; amends a previously approved subdivision; or creates parcel divisions. Article IV of this chapter should be consulted for subdivision requirements and procedures. Sec. 26-303. -Outline development plan review procedures. The applicant shall submit an outline development plan for approval of a zone change to a planned development district. The outline development plan establishes the zoning, overall development concepts, permitted uses, and development parameters. It also provides a general graphic layout of proposed building pads and proposed circulation concepts. A. Review procedure. An outline development plan is processed and approved concurrently with a zone change to a planned development district, subject to the following review procedure: 1 . Preapplication conference. Prior to submitting any zone change application for a planned development district, the applicant must participate in a preapplication conference, as described in section 26-104. 2. Preapplication neighborhood meeting. After the preapplication conference, but prior to submitting any zone change application for a planned development district, the applicant shall be required to hold a neighborhood input meeting, as described in section 26-1 09.A. 3. Application filing. An outline development plan application shall be submitted to the community development department. Staff will review the application for completeness in accordance with the submittal requirements in section 26-304. If staff determines the application is not complete, it will be returned to the 3 applicant and not further processed until the incomplete items have been supplied. 4. Review and referral. Upon receipt of a complete application packet the community development department shall proceed with the following process: a. Staff will review the application and refer the application to affected departments and agencies for review and comment. The applicant must address all comments and resubmit relevant documents. b. After the review period, staff will give notice of scheduled public hearing(s) on the application with notice by publication, letter, and site posting in the manner provided in section 26-109 . c. Staff will prepare a written report to the planning commission which evaluates the proposal , makes findings , and makes recommendat ions using the review criteria set forth below in section 26-303 .0. 5. Planning commission rev iew. The planning commission shall hear and consider any evidence or statement presented by the appl icant , city staff, or by any person in attendance at the public hearing . The planning comm ission shall then make a recommendation to city council to approve , approve with conditions , or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in section 26- 303.0. 6. City council review. City counc i l shall review and decide upon all requests for approval of an outline development plan , upon recommendation of the planning commission for approval, approval with conditions, or for denial. Change of zone may only be approved by passage of an ordinance following the city's standard ordinance adoption procedures , including a first reading and public hearing . City council , in addition to consideration of the planning commission record , shall hear additional evidence and testimony presented and either approve , approve with conditions , or deny the ordinance. City council shall base its decision upon all evidence presented , with due consideration of the criteria for review as specified in section 26.303.0 . 7. In the event of a legal protest against the rezoning component of the planned development approval , under the procedure set forth section 5-10 of the home rule charter, a zone change shall not be approved except by the favorable vote of three-fourths of the entire city council. The written protest to such change shall be submitted to the city council no later than the hearing on the proposed rezoning ordinance. B. Recording. All approved outl ine development plans shall be recorded with the Jefferson County Clerk and Recorder. Such plans and associated recording fees shall be submitted to the community development department within sixty (60) days of council's final action. Should a recordable approved outline development plan not be provided to staff within sixty (60) days of council's final action , staff shall schedule a public hearing before city council and city counc il shall reconsider its approva l. A one-time , thirty-day extension for mylar submittal may be requested from the community development director. The 4 request must be submitted in writing prior to expiration of the sixty-day time limit showing evidence of good cause for not meeting the deadline. C. Modifications or amendments. The process for approving amendments to an outline development plan is the same as for the original approval, as described in section 26-308. D. Criteria for review. The planning commission and city council shall base their decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and 2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions; and 3. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity; and 4. At least one of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city-approved policies or plans for the area. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. Sec. 26-304. -Outline development plan application contents. A. Application contents. A complete application for a zone change request to a planned development district shall include: 1. Complete and notarized application form. 2. Appropriate fee. 3. Proof of ownership, such as copies of deeds or title commitments. 4. Written authorization from property owner(s) where an agent acts on behalf of the owner(s). 5. Certified boundary and improvement survey. 6. Approved legal description in electronic file format. 5 7. Mineral rights certification form. 8. A written description of the zone change request. The narrative should include sufficient detail to convey the full intent of the applicant and a justification of why the zone change is appropriate. The narrative should address: a . Need for the change of zone. b. Present and future effect on the existing zone districts , development and physical character of the surrounding area . c. Access to the area , traffic patterns and impact of the requested zone on these factors. d . Availability of utilities. e . Present and future effect on public facilities and services, such as fire, police , water, sanitation , roadways, parks , schools , etc . f . A discussion of the relationship between the proposal and adopted plans and/or policies of the city. 9. Outline development plan document. The application shall include the appropriate number of copies, as determined at the pre-application conference . All informational requirements of the outline development plan shall be met, as described below in subsection B. The outline development plan must provide enough information for the review bodies to determine how the property will be developed. 10.Additional information may be required dependent upon the size and complexity of impact of the proposal , as determined by the community development director and the public works director. This includes, but is not limited to, drainage study and plan, traffic impact report, grading plan, geological stability report , floodplain impact report, or general environmental impact report. This information will be required in hard copy and in electronic file format. B. Form and content of outline development plan. The maps which are a part of the outline development plan shall be made at a scale of not less than one ( 1) inch equals one hundred (1 00) feet. The size of the sheet shall be twenty-four (24) inches by thirty- six (36) inches and must comply with the Jefferson County Clerk and Recorder's requirements. The outline development plan shall contain the following minimum information : 1. Project information. a . Title of document. b. Complete metes and bounds legal description on the current city datum with proper section and PHAC ties per city geodetic requirements. c . Small scale location map, with north arrow and scale. d. Ownership/unified control statement, if applicable. e. Character of development. 6 f. Name , address, and phone number of architect and engineer associated with the project. g. Appropriate certification blocks as determined by the community development department. h. Case history box with reference case numbers. i. A note shall be added to any outline development plan which states: "This outline development plan is conceptual in nature. Specific development elements such as site layout and building architecture have not been addressed on this document. As a result, a specific development plan must be submitted and approved by the City of Wheat Ridge prior to the submittal of a right-of-way or building permit application and any subsequent site development." 2. Development standards. a . List of permitted land uses . b. Maximum building coverage . c. Minimum landscape coverage and open space. d . Minimum lot sizes, dimensions, net density, and gross density. e. Minimum perimeter setback or build-to lines. f. Minimum separation between buildings. g . Maximum building height. h. Standards for signage, lighting, fencing, screening and landscaping. i. Standards for off-street vehicular parking , bicycle parking, and loading . j. Standards for accessory structures and outdoor storage , display, and sales. k. Standards for architecture and site design, if varying from the Architectural and Site Design Manual or other applicable design standards. 3 . Sketch plan. The drawings shall be to-scale , but may be in sketch site plan format. The plan shall include the locations of the following: a. Property boundary (which must correspond to legal description) with existing/proposed lot lines. b. Proposed circulation concepts, including roads , right-of-way , access points, and sidewalks. c. General areas to be used for landscaping , parking, and building pads. d. General areas to be used for drainage, parks , and other areas to be reserved or dedicated to public use . e. Significant land features (ditches , streams, lakes , topography, etc.) within or adjacent to the property . f. Zoning for adjacent properties. 7 g. Adjoining property lot lines , building access, and parking so that development compatibility can be determined. h . Scale and north arrow (scale not to exceed 1" = 100'). Sec. 26-305. -Specific development plan review procedures. After the approval of the outline development plan , a specific development plan must be approved before right-of-way or building permit applications may be submitted. The purpose of the specific development plan is to establish a site layout, architectural standards , and building elevations for one (1) or more phases of development and to demonstrate feasibility through preliminary or final engineering. A. Review procedure. 1. Preapplication conference . Prior to submitting any application for a specific development plan , the applicant must part icipate in a preapplication conference, as described in section 26-104 . 2 . App lication filing . An application packet shall be submitted to the community development department. Staff will review the application for completeness in accordance with the submittal requirements in section 26-306 . If staff determines the application is not complete , it will be returned to the applicant and not further processed until the incomplete items have been supplied. 3. Review and referral. Upon receipt of a complete application packet the commun ity development department shall proceed with the following process: a . Staff will review the application and refer the application to affected departments and agencies for rev iew and comment. The applicant must address all comments and resubmit relevant documents. b . After the rev iew period , staff will give notice of scheduled public hearing(s) on the application with notice by publication , letter, and site posting in the manner provided in section 26-109. c. Staff will prepare a written report to the p lann ing commission which evaluates the proposal , makes findings , and makes recommendations using the review criteria set forth below in section 26-305 .0. 4. Public hearing . a . Subsequent review . A specific development plan is reviewed and approved by planning commission if the SOP application is submitted subsequent to approval of an outline development plan . i. Planning commission review. The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at a public hearing. The planning commission shall then make a decision to approve , approve with conditions, or deny the application, basing its decision upon the facts presented in the public hearing in consideration of the criteria for review as specified in 26-305 .0. 8 ii. Appeal. If the applicant objects to conditions placed on the approval, or if the specific development plan is denied by the planning commission, an appeal of the decision may be filed with the city clerk's office within ten (1 0) working days from the date of the planning commission's decision, whereupon the specific development plan will be scheduled for public hearing before city council in the same manner as provided for city council review of a concurrent outline and specific development plan at subsection A.4.b.ii below. b. Concurrent review. If the outline development plan and specific development plan applications are submitted concurrently, city council review is required for the specific development plan. i. Planning commission review. The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at a public hearing. The planning commission shall then make a recommendation to city council to approve, approve with conditions, or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in 26-305.0. ii. City Council review. City council shall review and decide upon all specific development plan applications at a public hearing. Upon receipt of the development plan and the recommendation of the planning commission, the city council shall either approve, approve with conditions, deny, or refer the plan back to planning commission for further study. Specific development plans shall be approved by resolution. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review as specified in 26-305.0. B. Recording. All approved specific development plans shall be recorded with the Jefferson County Clerk and Recorder. Such plans, and associated recording fees shall be submitted to the community development department within sixty (60) days of council's final action. Should a recordable approved specific development plan not be provided to staff within sixty (60) days of council's final action to approve, staff shall schedule a public hearing before city council and city council shall reconsider its approval. A one-time, thirty-day extension for mylar submittal may be requested from the community development director. The request must be submitted in writing prior to expiration of the sixty-day time limit showing evidence of good cause for not meeting the deadline. C. Modifications or amendments. See section 26-308. D. Criteria for review. The planning commission and city council shall base their decision in consideration of the extent to which the applicant demonstrates that all of the following criteria have been met: 1 . The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of this article; and 2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan; and 9 3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan; and 4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan; and 5. Adequate infrastructure/facilities are available to serve the subject property, or the applicant will upgrade and provide such where they do not exist or are under capacity; and 6. The proposed specific development plan is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual, Streetscape Design Manual, and other applicable design standards. Sec. 26-306. -Specific development plan application contents. A. Application contents. A complete application for a specific development plan shall include: 1. Complete and notarized application form . 2. Appropriate fee. 3 . Proof of ownership , such as copies of deeds or title commitments. 4. Written authorization from property owner(s) where an agent acts on behalf of the owner(s). 5 . Certified boundary and improvement survey. 6. A written description of the proposed development. 7 . Specific development plan document. The application shall include the appropriate number of copies, as determined at the pre-application conference. All informational requirements of the specific development plan shall be met, as described below in subsection B. 8 . In addition to the information contained in the specific development, the following supportive information may be required in hard copy, in electronic file format , or both: a. Final drainage report and plan ; b . Traffic impact report; c. Civil construction plans ; d . Stormwater management plan (SWMP); e. Stormwater operations and maintenance manual (O&M Manual). B. Form and content of specific development plan. The maps which are a part of the specific development plan shall be made at a scale of not less than one (1) inch equals one hundred (1 00) feet. The size of the sheet shall be twenty-four (24) inches by thirty-six (36) inches and must comply with the Jefferson County Clerk and Recorder's requirements. The specific development plan shall contain the following minimum information : 1 . Project information. 10 a. Title of document. b. Complete metes and bounds legal description on the current city datum with proper section and PHAC ties per city geodetic requirements. c. Small scale location map, with north arrow and scale. d. Ownership/unified control statement, if applicable. e . Name, address, and phone number of architect and engineer associated with the project. f. Appropriate certification blocks as determined by the community development department. g. Case history box with reference case numbers. 2 . Site plan . The drawings shall be to-scale and shall include the locations of the following: a. Property boundary (which corresponds to legal description) with existing/proposed lot lines. b. Proposed locations for landscaping , parking, building locations, and buffering. c. Proposed areas to be used for drainage, parks, and other areas to be reserved or dedicated to public use. d. Existing and proposed circulation system, including roads, rights-of-way, access points, sidewalks, and pedestrian linkages . e. Existing and proposed easements and rights-of-way with accurate dimensions. f . Significant land features (ditches , streams , lakes, topography, etc.) within or adjacent to the property. g. Zoning for adjacent properties . h. Adjoining property lot lines, building access , parking , so that development compatibility can be determined. i. Scale and north arrow (scale not to exceed 1" = 100 '). 3. Architectural elevations. Architectural elevations shall illustrate approximate building height and proposed architectural materials . The drawings should be of sufficient detail to illustrate massing, height, and general character of the proposed structures. Applicants must provide enough information for the review bodies to determine compliance with applicable standards. 4. Aerial perspective . A blackline aerial perspective or "birds '-eye-view" image of the project shall illustrate building location , layout, bulk , and height in three dimensions. Sec. 26-307. -Amendments to development plans. A . General. Amendments may be initiated by property owners within an approved development plan as provided in this section , or by the city in accordance with section 26-113 . 11 B. Outline development plan amendments. All applications for amendment to an outline development plan must be approved in writing by at least twenty-five (25) percent of the owners of real property contained within the area originally approved by the outline development plan, unless specific alternative provisions for amendment have been approved by city council as part of the unified control agreement. Additionally, if the amendment affects the provisions for access, drainage, utilities and/or circulation, affected property owners, as determined by the community development director, must also consent to the application for amendment in writing. An amendment to an approved outline development plan shall require a new application, subject to the same procedures and requirements as for the original approval, if any of the following conditions exist: 1. Substantial changes that alter the character of the development. 2. Any change to the development parameters on the outline development plan, including, but not limited to: a. An increase in the gross floor area of structures beyond the authorized maximum allowed on the approved outline development plan. b. An increase in density of use beyond the authorized maximum allowed on the approved outline development plan. c. A change in perimeter setbacks or build-to beyond what is authorized on the approved outline development plan. d. A reduction in required buffer areas. e. An increase in height of any structures beyond the authorized maximum allowed on the approved outline development plan. f. Proposed land uses not permitted on the approved outline development plan. C. Specific development plan amendments. A specific development plan may vary from the approved outline development plan so long as the variations are within the approved development parameters. At no time may approval of a specific development plan result in any increase beyond a maximum development standard or any decrease below a minimum development standard as listed on the outline development plan. If any of these conditions occur, the outline development plan must be amended, as described in subsection B above. An amendment to a specific development plan must be approved in writing by only the owners of the real property for which the amendment is being requested. Amendments may be initiated by property owners within an approved development plan. If the amendment affects the provisions for access, drainage, utilities and/or circulation, affected property owners, as determined by the community development director, must also consent to the application for amendment in writing. 1. Administrative review. The community development director may approve minor amendments to a specific development plan which, in the reasonable judgment of the community development director, do not affect neighboring properties or the overall character of the development. These may include variations to buildings orientation, parking lots, landscaping areas, architectural details, 12 interior setbacks, and similar variations that meet the review criteria set forth below in section 26-308.C.3. Administratively approved amendments are not required to be recorded, but should be kept on file in the community development department. 2. Planning commission review. Substantial changes which, in the reasonable judgment of the community development director, exceed the scope of the administrative review or are extensive enough to be considered a new site design shall be reviewed and decided upon by the planning commission. The community development director's determination of substantial change shall be based upon factors such as size and relative impact to adjacent property, and may include, but are not limited to, changes in circulation and building location. Review by planning commission is subject to the notice and hearing procedures provided in section 26-109. Planning commission shall base its decision upon all evidence presented, with due consideration of the criteria for review as specified in section 26-308.C.3 below. Any changes to a specific development plan which are approved by planning commission, must be recorded with the Jefferson County Recorder as amendments to the original recorded specific development plan subject to the provisions of section 26-305.8.8. 3. Criteria for review. The director of community development or the planning commission shall base its decision in consideration of the following findings of fact: a. The amendment maintains the design intent or purpose of the original approved development plan; and b. The amendment maintains the quality of design or product established by the original approved development plan; and c . The amendment is not materially detrimental to the public welfare or to uses or property in the immediate vicinity of the development plan. The director and planning commission may impose conditions upon any amendment to ensure the proposal complies with the purpose and intent of the original approval. D. Variances. Variances to the strict application of development standards established by an outline or specific development plan may be requested only for properties within single-and two-family planned residential developments. The applicable administrative or non-administrative variance process shall be followed as prescribed in section 26-115. E. Existing planned developments. For planned developments approved prior to the effective date of Ordinance_, Series 2012, amendments may be reviewed based on the provisions of this article or based on the regulations under which the planned development was originally approved. The procedure for processing amendments will be determined on a case by case basis by the community development director and communicated to the applicant(s) at the pre-application conference. In most cases, for the purpose of amendments, an existing outline development plan will be treated as an outline development plan under these regulations; an existing final development plan will be treated as a specific development plan. 13 Sec. 26-308. -Interpretation of development plans. A. Detailed specifications and standards which should have been set forth on approved outline and specific development plans, but which were found subsequent to approval to have been omitted, may be interpreted by the community development director to be those specifications and standards set forth in the zone district in which the approved uses contained within the approved development plan would be permitted. B. The supplementary regulations of article VI apply to uses and activities within planned development districts, unless otherwise provided in the approved development plan. C. If the outline and specific development plans do not address a particular development standard, the standard of the zone district which most closely matches the planned development as determined by the community development director shall be used. The owner of any property aggrieved by such determination may appeal the interpretation to the board of adjustment pursuant to the provisions of section 26-115.E. D. It the development standards specified on a recorded outline development plan do not meet the current standards of chapter 26, a specific development plan can nevertheless be approved so long as the specific development plan complies with the approved outline development. This provision does not apply to requirements listed under article IV subdivision regulations. Sec. 26-309.-Similar uses in planned developments. A. Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: 1 . Be compatible in character and impact with permitted uses in the planned development, 2. Be consistent with the intent of the planned development, 3. Not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and 4. Not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. B. Similar use determination. For any use which is not specifically listed as a permitted use in a planned development district, the community development director is authorized to determine if the proposed use is similar. If the community development director finds that the proposed use meets the definition of similar use contained in section (a) above, the community development director is authorized to approve the similar use. The owner of any property who or which feels aggrieved by such determination may appeal the interpretation to the board of adjustment pursuant to the provisions of section 26-115.E. Sec. 26-310.-Binding upon successors and assigns. All approved outline and specific development plans shall be binding upon the owner(s), their successors and assigns, and shall limit the development to all conditions and 14 limitations established in such plans, and as may be contained in separately recorded agreements, covenants, condominium declarations, etc., which were approved by city council as part of a planned development approval. Sec. 26-311. -Interim use. Subsequent to rezoning to a planned development district and approval of an outline or specific development plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used for any lawful purpose for which it was used at the time of outline development plan approval; provided, however, that no new permanent structures or additions to existing structures will be permitted . Sec. 26-312.-Planned residential development (PRO) district regulations. A. Area. No minimum. B. Density. Maximum twenty-one (21) dwelling units per acre . C. Height. Maximum thirty-five (35) feet. D. Landscaping. In accordance with section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. E. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. F. Exterior lighting. In accordance with section 26-503, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. G . Fences and walls. In accordance with section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. H. Signage. In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. I. Streetscape and architectural design guidelines. In accordance with currently adopted design manuals per section 26-224, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. J. The requirements of this section shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997; 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction; and 15 3 . Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). K. A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26-506 Sec. 26-313. -Planned commercial development (PCD) district regulations. A. Area. No minimum. B. Height. Commercial structures shall not exceed fifty (50) feet. C. Landscaping. In accordance with section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. D. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. E. Exterior lighting. In accordance with section 26-503, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. F. Fences and walls. In accordance with section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. G. Signage. In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. H. Streetscape and architectural design guidelines. In accordance with currently adopted design manuals per section 26-224, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. I. A planned commercial district shall be used to establish any proposed recreational vehicle park. Sec. 26-314.-Planned industrial development (PID) district regulations. A. Area. Each planned industrial development district shall be minimum of one (1) acre. B. Height. Maximum fifty (50) feet. C. Landscaping. In accordance with section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. 16 D. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. E. Exterior lighting. In accordance with section 26-503, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. F. Fences and walls. In accordance with section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. G. Signage. In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. H. Streetscape and architectural design guidelines. In accordance with currently adopted design manuals per section 26-224, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. Sec. 26-315. -Planned hospital development (PHD) district regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically designated on the approved outline development plan: 1. Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. 3. Independent living units, homes for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 4. Accessory uses and structures customarily associated with the permitted uses as shown on the approved specific development plan. B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided below. C. Lot width. Two hundred (200) feet minimum. D. Setback requirements: 1. Front: Fifty (50) feet minimum. 2. Side: Twenty-five (25) feet minimum plus ten (1 0) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. 3. Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. E. Height: 1. Hospital buildings: Fifty (50) feet maximum, except as follows: 17 a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. b. Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. 2. Offices: Fifty (50) feet maximum. 3. Residential: Thirty-five (35) feet maximum. 4. Accessory: Thirty-five (35) feet maximum. F. Residential density. No residential development, excluding congregate care homes, nursing homes or intermediate nursing care facilities, shall exceed twenty-one (21) dwelling units per acre. G . Landscaping: 1. Minimum twenty-five (25) percent overall site requirement. 2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned property. 3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26-502 H. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. I. Exterior lighting. In accordance with section 26-503, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. J. Fences and walls. In accordance with section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. K. Signage. In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. Sec. 26-316. -Planned mixed use development (PMUD) district regulations. A. Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan, the Architectural and Site Design Manual and the Streetscape Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRO) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. B. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. 18 C. Area. No minimum. D. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty- five (35) feet for structures containing commercial and residential uses; thirty-five (35) feet for freestanding residential structures. E. Density. Maximum of twenty-one (21) units per acre. F. Landscaping. In accordance with section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. G. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different time. H. Exterior lighting. In accordance with section 26-503 , otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. I. Fences and wall. In accordance with section 26-603 , otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. J. Signage. In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan . K. Streetscape and architectural design guidelines . In accordance with currently adopted design manuals per section 26-224, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. Section 2. Section 26-112 of the Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 26-112.-Private rezoning. A. Purpose. A change of any zone district as shown on the official zoning map is permitted only when it promotes the general welfare of the community and is consistent with the criteria for review as listed in section 26-112.E below. The final decision on a change of zone expressly rests in the exercise of the discretion of the city council, and all applicants are advised there is no right to a change of zone of property. In some cases a change of zone is necessary to correct a manifest error in the existing zone classification. A manifest error includes , but is not limited to, one (1) or more of the following : 1 . Mapping errors, including incorrect boundary location or incorrect zone designation , or 19 2 . Ordinance errors including incorrect zone designation, legal description error or typographical errors. B. Applicability. 1. The requirements of this section shall be applicable within the municipal boundaries of the City of Wheat Ridge and to any areas that are proposed to be annexed to the city where one (1) of the following is proposed: a. Change of zone of a parcel of land from one (1) zone district classification to another zone district. This includes an application for private rezoning within or to any mixed use, public facilities, or conservation district; as well as a rezoning within or to any residential or agricultural zone district for properties up to and including one (1) acre in size. b. Change of the conditions of an existing zone district where those conditions were specifically established by a previous rezoning ordinance. 2. All applications for a zone change shall be to a planned development district where any one (1) of the following conditions exists. Article Ill of this chapter should be consulted for planned development requirements and procedures. a. An application for a zone change to any commercial district, with the exception of a rezoning to any mixed use district, for properties of any size. b. An application for a zone change to any industrial, residential , or agricultural district for property over one (1) acre in size, or for which an applicant owns adjacent property which, taken together with the property that is the subject of the application , totals more than one (1) acre . C. Review procedure: 1. Preapplication conference. Prior to submitting any application for a change of zone, the applicant must participate in a preapplication conference, as described in section 26-104. 2. Neighborhood meeting. After the preapplication conference , but prior to submitting any application for a change of zone, the applicant shall be required to hold a neighborhood meeting in accordance with section 26-1 09.A. 3. Application filing. A zone change application shall be submitted to the community development department. Staff will review the application for completeness in accordance with the submittal requirements in subsection 0 below. If staff determines the application is not complete, it will be returned to the applicant and not further processed until the incomplete items have been supplied. 4. Review and referral. Upon receipt of a complete application packet the community development department shall proceed with the following process: a . Staff will review the application and refer the application to affected departments and agencies for review and comment. The applicant must address all comments and resubmit relevant documents. This may occur several times before scheduling a public hearing to ensure that all comments have been addressed. 20 b. After the review period, staff will give notice of scheduled public hearings on the application, with notice by publication, letter and site posting in the manner provided in section 26-109. c. Staff will prepare a written report to the planning commission which evaluates the proposal, makes findings, and makes recommendations using the review criteria set forth below in subsection E. 5. Planning commission review. The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at a public hearing. The planning commission shall then make a recommendation to city council to approve, approve with conditions, or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection E below. 6. City council review. City council shall review and decide upon all requests for change of zone, upon recommendation of the planning commission. The city council shall approve, approve with conditions, or deny the application. An approved change of zone may only be approved by passage of an ordinance following the city's standard ordinance adoption procedures, including a first reading and public hearing. City council, in addition to consideration of the planning commission recommendation, shall hear the evidence and testimony presented at the public hearing and either approve, approve with conditions, or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review. 7. In the event of a legal protest against such change of zone, under the procedure set forth in section 5-10 of the home rule charter, a zone change shall not be approved except by the favorable vote of three-fourths of the entire city council. The written protest to such change shall be submitted to the city council no later than the hearing on the proposed rezoning ordinance . D. Application contents. A complete application for a zone change request shall include: 1. Complete and notarized application form. 2. Appropriate fee. 3. Proof of ownership, such as copies of deeds or title commitments. 4. Written authorization from property owner(s) where an agent acts on behalf of the owner(s). 5. Certified boundary and improvement survey. 6. Approved legal description in electronic file format. 7. Mineral rights certification form. 8. A written description of the zone change request. The narrative should include sufficient detail to convey the full intent of the applicant and a justification of why the zone change is appropriate. The narrative should address: 21 a. Need for the change of zone. b. Present and future effect on the existing zone districts, development and physical character of the surrounding area. c. Access to the area, traffic patterns and impact of the requested zone on these factors. d. Availability of utilities. e. Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. f. A discussion of the relationship between the proposal and adopted plans and/or policies of the city. E. Criteria for review. The planning commission and city council shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity; and 3. At least one (1) of the following conditions exists : a. The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city-approved policies or plans for the area. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. d . The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. F. Recordation. All approved zoning ordinances shall be recorded with the Jefferson County Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such ordinance. Assessment of comprehensive plan. Planning commission and city council shall periodically perform an assessment of zoning decisions to consider modification of the comprehensive plan future land use map if zone changes are made which differ significantly from the designation on the map. If zone changes are denied when in conformance with the designation on the future land use map, modifications to the map shall also be considered . 22 Section 3. Section 26-106 of the Code, entitled "Review process chart," is hereby amended to read: TABLE INSET: Pre-Application Final Approval Requested Staff Neighborhood Staff PC cc BOA URPC [ ... ] Planned Development: Outline X X H H URA Development Plan (ODP) PLANNED DEVELOPMENT: SPECIFIC DEVELOPMENT PLAN X ti Hs URA (SOP) Planned De\·elopment: Final X A YAA De•o~elopment Plan (FOP) Planned Development: Outline X X H H URA Development Plan Amendment PLANNED DEVELOPMENT: SPECIFIC DEVELOPMENT PLAN X & ti & AMENDMENT Planned De¥elopment: Final X A YAA De¥elopment Plan P.mendment Rezoning , Private X X H H URA [ ... ] Notes ART Ill 2 ART Ill 1\RT Ill ART 111 2 ART Ill 1\RT Ill § 26-1122 1 If five (5) or fewer parcels, minor subdivision process applies. If more than five (5) parcels, major subdivision process applies. 2 Right of protest applies: section 26 112.F SEE SECTION 5-10 OF THE HOME RULE CHARTER. 3 If four (4) or more buildings are proposed, tAeR planning commission review is required. 4 A pre-application may not be required based on the complexity of the project. 5 Neighborhood meetings for mixed use concept plan applications are required only for sites of ten (1 0) acres in size or larger. 6 CITY COUNCIL REVIEW IS REQUIRED FOR A SPECIFIC DEVELOPMENT PLAN ONLY IF ODP AND SDP APPLICATIONS ARE SUBMITIED CONCURRENTLY. PLANNING COMMISSION IS THE FINAL AUTHORITY FOR AN SDP SUBMITIED SEPARATE FROM AND SUBSEQUENT TO ODP APPROVAL. Key: 23 PC: Planning commission CC: City council BOA: Board of adjustment X: Meeting required H: Public hearing required A: Administrative review URPC: Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required -see section 26-226. Section 4. Section 26-113, subsection A of the Code is hereby amended by to read: Sec. 26-113. -City-initiated rezoning. A. Applicability. This rezoning procedure applies to rezonings initiated by city council. Applications for city initiated rezonings may be made with or without consent from affected property owners. City initiated rezonings may be to any zone district. In the event of a city-initiated zone change to a planned development district, the procedures in section 26 308 ARTICLE Ill shall be followed for the outline and final development plan, excluding the required authorization from property owners. In the event of aR A CITY-INITIATED amendment to a planned development district the procedures set forth in section 26 311 26-307 shall be followed, excluding the required authorization from property owners. Section 5. The first sentence of Section 26-121, subsection C of the Code is hereby amended by to read: C. Creation of vested rights. No vested right is created within the City of Wheat Ridge by the approval of any application for zoning or rezoning, site plan, consolidation plan, subdivision plan or plat, planned building group, or an outline, preliminary or final OR SPECIFIC development plan. [ ... ] Section 6. Section 26-202, subsection A of the Code is hereby amended by to read: Sec. 26-202. • Establishment of districts; official zoning map. The city is divided into zones or districts as shown on the official zoning map, which , together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter. A. Procedure for change: If, in accordance with the provisions of section 26- 112J. afl9 26-113 AND ARTICLE Ill hereof, changes are made in district boundaries or other matter portrayed on the official zoning map , such changes shall be entered on the official zoning map promptly after the amendment has been approved by city council. 24 Section 7. Section 26-224, subsection A.3 of the Code, pertaining to the design manual exemptions, is hereby amended by to read: 3. Where a waiver to or variance from the architectural or streetscape standards within either manual is made a part of another process, such as approval of a zone change or final development plan review PLANNED DEVELOPMENT, which process requires a public hearing before the planning commission and/or city council, then the planning commission and/or city council shall be empowered to decide upon such waiver or variance concurrent with the other process. Section 8. Section 26-506, subsection 0 of the Code, pertaining to building permits for mobile home parks, is hereby amended by to read: 0. Building permit. It is unlawful for any person to construct, enlarge, alter, improve or convert any mobile home park or to improve any lands for use as a park, or to cause the same to be done, or to set or establish a mobile home within a mobile home park unless such person holds a valid and existing permit issued by the building inspector for the performance of such work. No building permit shall be issued for any mobile home park, or any mobile home, unless plans for development are in full compliance with the approved final development plan OUTLINE AND SPECIFIC DEVELOPMENT PLANS and other related development codes. Section 9. Section 26-603, subsection F of the Code, pertaining to fences in planned developments, is hereby amended by to read: F. Planned developments. Fences and divisional walls within a planned development may vary from these standards; provided that the fences are in conformance with the provisions set forth for fencing and walls as approved in the offioial OUTLINE development plan AND AS DETAILED ON AN APPROVED SPECIFIC DEVELOPMENT PLAN. Section 10. Section 26-615, subsection C of the Code, pertaining to commercial mobile radio service (CMRS) facilities in planned developments, is hereby amended by to read: A. Review procedure-Planned development districts. Roof mounted and fFreestanding CMRS facilities proposed for construction in any planned development district (including planned residential districts); unless specifically listed or shown as such in the fiRat OUTLINE development plan, require amendment of the fiRat OUTLINE development plan. Building, ROOF or structure-mounted CMRS facilities proposed for construction in any planned development district (including planned residential districts) may be permitted by 25 the department of community development pursuant to article Ill, provided the proposed facility is consistent with the character of the district. Section 11. Section 26-1004, subsection 8.5 of the Code, pertaining to zoning code violations, is hereby amended by to read: 5. The uses, conditions , or development standards of a planned development final development plan AN APPROVED OUTLINE OR SPECIFIC DEVELOPMENT PLAN . Section 12. Section 2-60, subsections (g) through U) of the Code, pertaining to the functions of the planning commission, are hereby amended (with appropriate re- lettering) to read: (g) Public hearings for development plans for planned development zoning shall be conducted using the same procedures as for appro\'al of subdivision plats PROCEDURES OUTLINED IN CHAPTER 26 , ARTICLE Ill. (h) Preliminary subdivision plats shall be heard and approved by the planning commission through a public hearing •.vith notification based on the requirements of the subdivision regulations. (i) After holding a public hearing on MAJOR Mal subdivision plats , the planning commission shall make a recommendation to the city council, with final action taking place at the city council. Public hearings shall be conducted following procedures outlined in the subdivision regulations . U) Public hearings shall be held for special use permits whish approve specific land uses following the procedures for changes of the zoning map . The planning commission shall make a recommendation to the city council and the final astian shall be taken by the city sounsil following the procedures for changes to the zoning map. Section 13. Severabilitv: 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 14. 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_ to _on this 25th day of June , 2012 , ordered it published with Public Hearing and consideration on final passage set for Monday, July 9, 2012 at 7:00 o'clock p.m., in the Council Chambers , 7500 West 29 1h Avenue , Wheat Ridge, Colorado, and that it takes effect 15 days after final publication . 26 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2012. SIGNED by the Mayor on this ___ day of ______ , 2012. ATTEST: Janelle Shaver, City Clerk 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald Dahl, City Attorney 27 ... "'~ ... ~ Y" City of • :?WheatRi_dge ITEM NO:~ DATE: June 25,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 32-2012 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT ALLOWING KING SOOPERS, INC. TO PARTICIPATE IN THE WHEAT RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM FOR THE REBATE OF BUILDING USE TAX IN AN AMOUNT NOT TO EXCEED $100,000 IN ASSOCIATION WITH THE REMODEL OF THEIR FACILITY AT 38TH AND SHERIDAN BOULEVARD ~ PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES ~ NO ISSUE: The City received a request from King Soopers (Kings), to enter into the Business Development Zone (BDZ) program for the rebate of building use tax in association with a proposed remodel of their facility at the northwest comer of 38th Avenue and Sheridan Boulevard in Wheat Ridge. PRIOR ACTION: At the May 14, 2012 meeting the Council approved a resolution forming a Business Development Zone (BDZ) encompassing the entire City. FINANCIAL IMPACT: The improvement cost for this remodel will generate approximately $102,000 in building use tax. The financial impact to the City could range up to the full amount of said fees , depending on what the percentage of the fees and taxes are waived by the City Council. If the agreement is not approved , this store may become less viable and the City could experience a decrease in sales tax revenues. Council Action Form June 25 , 2012 Page2 BACKGROUND: Wheat Ridge Code of Laws Chapter 22 , Article I, Division 5, establishes the BDZ, an economic development tool. The goal of the BDZ is to encourage the development ofprivate sector jobs, revitalize deteriorating areas of the City and encourage the development, redevelopment and expansion ofbusinesses within the City. This tool allows the City Council to waive certain building permit fees and building use taxes in association with construction projects that occur in established Business Development Zones . The tool is intended to be used to refund fees and taxes for projects that have the potential to generate future sales and use tax or provide substantial public benefit to the City . Kings , located at the northwest comer of Sheridan Boulevard and 38 1h A venue , is working in partnership with the owners of Ridge Village Shopping Center on interior and exterior remodeling and upgrading of the existing center. This store was built in 1982 and was first remodeled in 1995. Kings is considering a significant interior remodel and will expand the sales floor to accommodate additional selections of meat and seafood, organic produce, prepared foods , deli offerings , health and beauty products, organic dairy, and the addition of floral , baby, and branded caftVcoffee departments. Kings will also remodel the exterior, creating a pedestrian mall and improved access into the store. Kings is upgrading this specific store to better serve the existing loyal customer base in the Wheat Ridge area , and to attract new shoppers to thi s sto re and the shopping center. The supermarket industry as a whole is very competitive, and the Wheat Ridge market is no exception. In order to offer Kings' customers an energy-efficient, best-in-class facility , this store will need to be extensively remodeled in late 2012 or early 2013. With the anticipated improvements, Kings estimates that they can maintain and increase their customer base in subsequent years. Due to numerous competitive changes in the Wheat Ridge area , maintaining current levels of sales for any retailer will be difficult and City revenues from Kings may decline 20-25 percent in the near term. Kings feels very strongly that if they remodel their existing store with a full complement of new , expanded and remodeled departments they could reverse this negative revenue trend within a few years. Along with the Kings remodel , the Ridge Village owners , Bob Perry and Jeff Bailey, anticipate upgrading the exterior of the remainder of the shopping center. These efforts will result in a fresh , revitalized center in the City of Wheat Ridge. These improvements to Kings and the Ridge Village Shopping Center will be coordinated by Kings to maintain a uniform look for the center. Kings anticipates an investment of more than $5.8 million in interior and exterior remodeling, including furniture , fixtures and equipment. Additionally, it is anticipated the shopping center may invest an additional $100,000 toward improvements to the remainder of the center. Estimated building use tax for the Kings component could amount to approximately $102 ,000. Council Action Form June 25 , 2012 Page 3 Kings is requesting a combined financial contribution in the amount of $400,000 to demonstrate the City's desire to retain the store at this site. Kings has requested this participation be derived utilizing a BDZ to rebate building use tax and enhanced sales tax incentives to rebate incremental sales tax. Reinvestment would offer the following benefits to the City: • Retains necessary neighborhood services and brings revenue to the City from surrounding communities -a true definition of economic development ; • Retains 50+ full-time and 1 00+ part-time jobs within the center; • Creates new revenue through permit fees , use tax on furniture , fixtures and equipment and incremental sales tax; • Spurs reinvestment and remodeling of the entire existing center on this signature corridor, thus enhancing and preserving the economic viability in the City; and • Extends the lease and Kings ' commitment to this shopping center and the City of Wheat Ridge to 2033. In most cases, an anchor store's reinvestment will position the shopping center to attract a greater selection of high quality co-tenants. Section 22-96 of the BDZ states that if the applicant participates in the City 's ESTIP he or she shall be ineligible for participation in the BDZ. But Section 22-93(c) stipulates that City Council may by a three-fourths majority vote approve exceptions to that provision when such exceptions are found to provide substantial benefit to the City. Staff does concur that the redevelopment of this site will greatly benefit Wheat Ridge through improved access and services offered. Therefore, approval of the BDZ agreement must be approved by a three-fourths majority in order for the resolution to be in effect. RECOMMENDATIONS: Staff recommends the City Council allow King Soopers, Inc. participation in the BDZ Program and to consider a rebate of I 00% of the building use tax created by the project, not to exceed $1 00,000. The remaining assistance would be funded by a future sales tax increment. RECOMMENDED MOTION: "I move to approve Resolution No. 32-2012 , a resolution authorizing the execution of an agreement allowing King Soopers, Inc. to participate in the Wheat Ridge Business Development Zone Program for the rebate of building use tax in an amount not to exceed $100,000 in association with the remodel of their facility at 38th and Sheridan." Or, "I move to postpone indefinitely Resolution No. 32-2012 , a resolution authorizing the execution of an agreement allowing King Soopers, Inc. to participate in the Wheat Ridge Business Development Zone Program for the rebate of use tax in association with the remodel of their facility at 38th and Sheridan for the following reason(s) ______ " Council Action Fonn June 25, 2012 Page4 REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development/Urban Renewal Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 32-2012 2. Agreement to Participate 3 . Request letter 4. Code of Laws Chapter 22, Article I, Division 5 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32 Series of 2012 TITLE: A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT ALLOWING KING SOOPERS, INC. TO PARTICIPATE IN THE WHEAT RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM FOR THE REBATE OF BUILDING USE TAX IN AN AMOUNT NOT TO EXCEED $100,000 IN ASSOCIATION WITH THE REMODEL OF THEIR FACILITY AT 38TH AND SHERIDAN BOULEVARD WHEREAS, the City has adopted as a portion of the Wheat Ridge Code of Laws ("Code") Chapter 22 , Article I, Division 5, "Business Development Zone" (the "Program"), to encourage, in part , continued development and expansion of opportunities for employment in the private sector in the City; and WHEREAS , Owner has applied to participate in the Program and a public hearing was posted and conducted ; and WHEREAS , Owner is the owner and operator of leased space and improvements thereon within the City and known as the "Owner," and is the operator of a grocery store serving residents of Wheat Ridge and surrounding communities; and WHEREAS , pursuant to Code Sec. 22-86 (b), the City Council has designated the real property leased by Owner as a 'Wheat Ridge Business Development Zone"; and WHEREAS , Owner plans to construct tenant improvements totaling approximately $5.8 million; and WHEREAS, the project retains necessary neighborhood services and brings revenue to the City from surrounding communities -a true definition of economic development; and WHEREAS ; the project Retains 50 plus full-time and 100 plus part-time jobs within the center, and WHEREAS ; the project creates new reve nue through permit fees , and use tax on furniture , fixtures and equipment; WHEREAS ; the project spurs reinvestment and remodeling of the entire existing center on this signature corridor, thus enhancing and preserving its economic viabil ity in th e City; and WHEREAS ; the project extends the lease and King Soopers commitment to this shopping center and the City of Wheat Ridge to 2033; and Attachment 1 WHEREAS, the Program allows the City to provide for the sharing of certain categories of fees, taxes and other business development-related charges for new development within the business development district ("Eligible City Fees, Charges and Taxes" as defined in Code Sec. 22-87 (2)) to the extent allowed by an agreement with a business owner; and WHEREAS, cost-sharing at the rate prescribed herein will serve to aid the expansion of Owner in that it will alleviate a portion of the costs associated with the expansion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Agrees to execute an Agreement to Participate in the City of Wheat Ridge Business Development Zone Program wherein an amount not to exceed $100,000 of approved and audited building use tax will be abated to Dillon Companies, Inc., a Kansas Corporation dba King Soopers. DONE AND RESOLVED this 25th day of June 2012. Jerry DiTullio , Mayor ATTEST: Janelle Shaver, City Clerk AGREEMENT TO PARTICIPATE IN THE CITY OF WHEAT RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM Thi s Agreement to Participate in the City of Wheat Ridge Business Development Zone Program (this "Agreement") is made and entered into as of June 25 , 2012 , by and between the Dillon Companies, Inc ., a Kansas Corporation ( dba King Soopers ), for the store located at 3 817 Sheridan Blvd . in the City of Wheat Ridge, Colorado, hereinafter referred to as the "Owner" and the CITY OF WHEAT RIDG E, COLORADO , 7500 W. 29th Avenue, Wheat Ridge , Colorado 80033 hereinafter referred to as the "City," collectively the "Parties ," and each individually, as a "Party." WHEREAS , the City has adopted as a portion of the Wheat Ridge Code of Laws ("Code") Chapter 22 , Article I, Division 5, "Business Development Zone" (the "Program "), to encourage, in part , continued development and expansion of opportunities for employment in the private sector in the City; and WHEREAS , Owner has applied to participate in the Program and a public hearing was posted and conducted ; and WHEREAS , Owner is the owner and operator of leased space within the City (the "Property'') and is the operator of a grocery store serving residents of Wheat Ridge and surrounding communities ; and WHEREAS , pursuant to Code Sec. 22-86 (b), the City Council has designated the Property as a "Wheat Ridge Business Development Zone"; and WHEREAS , Owner plans to construct tenant improvements totaling approximately $5 .8 on the Property, which improvements are referred to herein as the "Project;" and WHEREAS , Owner 's tenant improvements will lead to increased sales tax for the City of WheatRidge;and WHEREAS , the project retains necessary neighborhood services and brings revenue to the City from surrounding communities -a true definition of economic development; and WHEREAS ; the Project retains 50 plus full-time and 100 plus part-time jobs within the shopping center where the Property is located , and WHEREAS ; the Project creates new revenue through permit fees , use tax on furniture , fixtures and equipment and incremental sales tax ; WHEREAS ; the Project spurs reinvestment and remodeling of the entire existing center on this signature corridor, thus enhancing and preserving its economic viability in the City; and WHEREAS ; the Project extends the lease and King Soopers ' commitment to this shopping center and the City ofWheat Ridge to 2033 ; and 1 Attachment 2 WHEREAS, the Program allows the City to provide for the sharing of certain categories of fees, taxes and other business development-related charges for new development within the business development district ("Eligible City Fees, Charges and Taxes" as defined in Code Sec. 22-87 (2)) to the extent allowed by an agreement with a business owner; and WHEREAS, cost-sharing as provided herein will serve to aid the Owner in that it will alleviate a portion of the costs associated with the Project. NOW, THEREFORE, in consideration of the foregoing, and the covenants, promises, and agreements of each of the Parties hereto, to be kept and preformed by each of them, the Parties agree as follows: 1. Recitals. The Recitals set forth above are incorporated in this Agreement by reference 2. Term. The term of this Agreement shall commence on June 25 , 2012 and shall terminate upon full refund by the City to Owner of eligible City fees , charges and taxes as set forth in Paragraph 7 (the "Term"). Notwithstanding the foregoing, it is an express provision ofthis Agreement that this Agreement shall expire and be of no further force and effect upon the occurrence of the (1) payment of the maximum amount to be shared as set forth in Paragraph 7 or (2) determination by the City of Owner's default , as provided in Paragraphs 13 or 15 . 3. The Project. The Project proposed by the Owner through which it desires to participate in the Program consists of the following, generally: lease space property upon which to construct tenant improvements in the amount of over $5 .8 million that will include interior and exterior improvements to the Owner site. The foregoing shall be collectively referred to herein as the "Project," and is more fully described below at Sections 4 and 7. 4. Representations of Owner. Pursuant to Code Sec. 22-94, Owner hereby represents to the City the following: a. Improvements justifying Project approval. 1. Revitalization of land . The Project will invest an estimated $2.1 million in an interior and exterior remodel of the building with plans subject to approval by the City of Wheat Ridge Community Development Department and $3.7 in furniture , fixtures and equipment. The Scope of Development is attached as Exhibit A. n . Estimated cost. The cost for the initial phase of the Project including the improvements described above is estimated to be approximately FIVE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($5 ,800,000). 2 b. Expected incremental future tax revenue. Owner operates a for-profit corporation. It is anticipated the Project will directly generate future incremental sales and use tax revenue. Other indirect benefits to the community which have been identified by the Owner include: 1. Short-term positive impact during construction: Prior to the completion of the Project, the tenant improvement phase will employ additional personnel in the construction phase; ii. This Project may lead to exterior improvements by the owners and tenants of the remainder of the shopping center. m. Retains necessary neighborhood services and brings revenue to the City from surrounding communities-a true definition of economic development; tv. Retains 50+ full-time and 1 00+ part-time jobs within the center; v. Creates new revenue through permit fees and use tax on furniture, fixtures and equipment; v1. Extends the lease and King Soopers' commitment to this shopping center and the City of Wheat Ridge to 2033. 5. Personal agreement; non-transferable; no third party beneficiaries The cost-sharing of Eligible City Fees, Charges and Taxes as approved herein shall constitute a personal agreement between the City and Owner. The terms of this Agreement do not run with the Owner's property interest in the land. The obligations, benefits and/or provisions of this Agreement may not be assigned in whole or in any part without the express authorization of the City Council. No third party shall be entitled to rely upon or enforce any provision hereof. 6. Agreement not to constitute debt or obligation of the City Nothing herein shall be construed to constitute a debt or obligation of the City. Notwithstanding any other provision of this Agreement to the contrary, the Parties understand and acknowledge that the City is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). This Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with ordinances and resolutions of the City and other applicable law. 7. Cost-sharing 3 a. Estimated Eligible City Fees, Charges and Taxes. The following are estimates of the Eligible City Taxes which are the subject of the cost-sharing herein. • Eligible Use Tax: a. Approximately $3.12 million in equipment purchase to include items such as: reftigeration units , deli and meat cases , ovens , proofers , shelving, pallet jackets and other equipment to be used within the building remodel b. Approximately $610,000 in fixture purchases to include items such as: lighting, decors , doors , sinks , air conditioning units , coupling towers and other fixtures to be used within the building remodel c. Approximately $2.1 million in building valuation for the interior and exterior of the building b. Expected Incremental Building Use Tax Revenue. The Expected Building Use Tax Revenue , as such term is defined in Code Sec. 22-87 (2) is projected to be approximately $102 ,600. c. Cost-sharing. Pursuant to Code Sec. 22-88 , cost-sharing of the Eligible City Fees, Charges and Taxes , this Agreement shall be limited to Building Use Tax Revenue. No twithstanding th e foregoing, and in reliance upon the representation of Owner of the benefits to the City of the Project, the City and Owner agree to the cost-sharing for the Eligible City Fees, Charges and Taxes as follows: 1. 100% of the Eligible City Building Use Taxes shall be due and paid to the City by Owner for tenant improvements. n . Upon receipt thereof of all owed use tax , the City shall refund 100% of such Eligible City Building Use Taxes back to the Owner in one payment of $100 ,000 , subject to review and approval by the City of properly documented expenditures for eligible improvements as described at Paragraph 12. m . In no event shall the City be obligated to refund more than $100,000 of eligible City Building Use Tax revenues received by it. 8. LegalchaUenge In the event of legal challenge to the Program as applied to Owner, any costs scheduled to be shared-back to Owner shall be escrowed until resolution of the dispute. 9. Waiver of Code requirements To the extent any requirements of Code Sees. 22-85 through 22-96 have been waived ; such waiver has occurred pursuant to Code Sec. 22-93 (c) whereby the City Council has found 4 by a % majority vote that such waiver is in the public's interest and will provide a substantial benefit to the City. 10. No joint venture Pursuant to Code Sec . 22-95 , nothing herein shall be construed to create a joint venture between the City and Owner. Notwithstanding any provision hereof, the City shall never be a joint venture in any private entity or activity which participates in the Program , and the City shall never be liable or responsible for any debt or obligation of any participant, including the Owner, in the Program. 11. Use of funds Pursuant to Code Sec. 22-89 , Owner expressly acknowledges and agrees that any Eligible Use Tax , Fees , and Charges refunded to the Owner under this Agreement, up to the amount agreed upon by the City Council pursuant to this Agreement may only be used for the purpose of the Project, as described in Paragraph 12 , on Owner's Property within the underlying Business Development Zone. 12. Uses enumerated Pursuant to Code Sec. 22-90 , the uses to which the Eligible Use Tax , Fees , and Charges may be put by the Owner shall be strictly limited to those which are approved by the City Council and which relate directly to the Project within the City, which Project is anticipated to directly generate more municipal sales and use tax revenues for the City in the future. Uses hereby expressly approved by City Council are as follows: • Building materials for the interior and exterior improvements to the King Soopers located at the northwest corner of Sheridan Boulevard and 38th Avenue in Wheat Ridge; 13. No covenant to construct or to operate The intent of this Agreement is to provide for Owner's participation in the Program, in the event that Owner completes the Project. Notwithstanding any provision in this Agreement to the contrary, Owner shall have no obligation under this Agreement to complete the Project or operate the Project once completed or otherwise. In the event Owner fails to complete the Project, this Agreement may be terminated at the option of the City. 14. Remedies The Owner waives any constitutional claims against the City arising out of a breach of this Agreement. The Owner 's remedies against the City under this Agreement are limited to breach of contract claims. In no event shall the City be liable for any fom1 of damages , including without limitation: exemplary, puniti ve or consequential damages , including economic damages and lost profits . 5 15. Termination ln the event Owner fails to comply with one or more of the terms of this Agreement, City may, in its sole discretion, terminate this Agreement. 16. Indemnification To the fullest extent permitted by law, Owner agrees to indemnify and hold the City harmless from any damage, liability or cost (including reasonable attorneys' fees and cost of defense) to the extent caused by the Owner's negligent acts, errors or omissions in the performance of this Agreement and those of its sub-contractors, sub-consultants or anyone for whom the Owner is legally liable. To the extent pennitted by the Colorado Constitution and statutes, the City agrees to indemnify and hold the Owner harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the City's negligent acts, errors or omissions arising from this Agreement. These defense and indemnification obligations shall survive the expiration or termination of this Agreement. The Parties acknowledge that the provisions of this Paragraph are not intended to waive or alter any of the rights and defenses afforded to the City under the common law, the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et. seq. or any other law. 17. Severability If any part, term or provision of this Agreement or the Program is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected , the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid, and the Parties shall cooperate to cure any legal defects in the Agreement or the Program. Should the sharing of Eligible City Fees, Charges and Taxes pursuant to this Agreement be judicially adjudged illegal , invalid or unenforceable under the present or future laws effective during the Term of this Agreement by a court of competent jurisdiction in a final , non-appealable judgment, the Parties shall utiliz e their best, good faith efforts to restructure this Agreement or enter into a new agreement consistent with the purposes of this Agreement. Should the Parties be unsuccessful in their efforts , the Agreement shall terminate without penalty or recourse to either Party. 18. Governing law; venue The laws ofthe State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either Party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that venue of such suit or action shall be proper and exclusive in the district court for Jefferson County, Colorado. 19. Notices All notices required or permitted under this Agreement shall be in writing and shall be hand delivered or sent by certified mail , return receipt requested postage prepaid , to be 6 addressed to the Parties set forth below. All notices so given shall be considered effective upon the earlier of the actual receipt or seventy-two (72) hours after deposit in the United States Mail with the proper address. Either Party by notice so given may change the address to which future notices shall be sent: Notice to the City: Copy to: Notice to the Owner: Copy to: 20. Entire agreement -amendments City Manager City of Wheat Ridge 7500 W. 291h Ave. Wheat Ridge, CO 80033 City Attorney City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 Dillon Companies, Inc dba King Soopers Attention: Real Estate Department. 65 Tejon Street Denver, CO 80223 This Agreement embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the Parties hereto. This Agreement may be amended only by written agreement between the Owner and the City acting pursuant to City Council authorization. 21. Effective date This Agreement shall be effective and binding upon the Parties upon the date first set forth above. IN WITNESS WHEREOF, Owner and City have each caused this Agreement to be executed by their authori z ed representatives. OWNER Dillon Companies, Inc., a Kansas Corporation (dba King Soopers) Russell J. Dispense Vice President 7 OWNER,LLC State of Colorado County of Jefferson ) ) ) ss. The foregoing Agreement was acknowledged before me this _ day of , 2012 , by Russell J. Dispense, Vice President of Dillon Companies, Inc. a Kansas Corporation on behalf of the corporation. WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: _______ _ CITY OF WHEAT RIDGE ATTEST: Name: Janelle Shaver Title: City Clerk NOTARY PUBLIC By: ----------- Name: Jerry DiTullio Title: Mayor Approved as to Fonn Gerald E. Dahl , City Attorney 8 EXHIBIT A SCOPE OF DEVELOPMENT Qualifying Public Improvement Costs King Soopers ' public improvements are designed to provide a greater product selection to benefit the community as well as exterior improvements to enhance the property. The interior remodel will accommodate the expansions and additions of meat and seafood, organic produce, prepared foods , deli offerings, health and beauty, dairy with organic offerings , and additional departments (floral , baby and a branded cafe/coffee option). In addition, King Soopers public improvements include paint and facade upgrades to the exterior of the store. King Soopers estimates the public improvements investment breakdown to be as follows: • Approximately $3.12 million in equipment purchase to include items such as: refrigeration units , deli and meat cases , ovens, proofers , shelving, pallet jackets and other equipment to be used within the building remodel • Approximately $6 I 0,000 in fixture purchases to include items such as: lighting, decors , doors , sinks , air conditioning units , coupling towers and other fixtures to be used within the building remodel • Approximately $2 .1 million in building valuation for the interior and exterior of the building King Soopers believes that the public improvement upgrades to this specific store will better serve the existing loyal customer base in the Wheat Ridge area , attract and entice new shoppers to this store and the shopping center, and provide public benefit to the community. These improvements are projected to be complete by June 2013. With the public improvements , King Soopers estimates that they can maintain their loyal customer base as well as add to that customer base in subsequent years , bringing new revenue to the City and sustaining the economic viability of the site. 9 Greetings Steve, King Soopers is working in partnership with the owners of Ridge Village Shopping Center located at 38th Avenue and Sheridan Boulevard in Wheat Ridge, Colorado on an interior and exterior remodeling and upgrade to the existing center. This store was built in 1982 and was remodeled in 1995. King Soopers is considering a significant interior remodel to include expansions of fresh meats, organic produce, prepared foods, deli offerings, health and beauty, an expanded diary section, and additional departments {floral, baby department and a branded cafe/coffee options). In addition, King Soopers in partnering with Ridge Village Shopping Center to upgrade the exterior of remaining space. These efforts will result in a fresh revitalized center in the City of Wheat Ridge. Pending a lease agreement with the owners and assistance from the City, King Soopers anticipates beginning the remodel efforts this summer, with a projected completion of first quarter 2013. Benefits to the Citv of Wheat Ridge Reinvestment of King Soopers at this location offers the following benefits to the City: • Retains necessary neighborhood services and brings revenue to the City from surrounding communities-a true definition of economic development • Preserves and protects existing sales and use tax revenue to the City • Retains 50+ full-time and 100+ part time jobs within the center • Creates new revenue through permit fees, construction use tax, use tax on furniture, fixtures and equipment and incremental sales tax • Spurs reinvestment and remodeling of the entire existing center on this signature corridor, thus enhancing and preserving the economic viability in the City • Once completed, King Soopers anticipates an overall increase in incremental sales at 10% to 15% within the first 5 years of operation. • Beyond the five years, King Soopers anticipates sales to increase up to 20% from today's base {depending upon competitive changes within the trade area) • The investment by King Soopers will extend the lease to 2033 at this location • In most cases, an anchor store's reinvestment can glean a higher quality co-tenancy Assistance Request Based upon an investment of over $5.7 million in interior and exterior remodeling, including furniture fixtures and equipment, and potential increase in sales, King Soopers is requesting the following assistance from the City of Wheat Ridge: • Incremental sales tax rebate • o Permit fees and building/construction use tax rebates at move-in. o Use tax rebates on furniture, fixtures and equipment at move in and for the first four years of operation o A deed of ownership land transfer to Ridge Village Shopping Center for the remnant land parcel adjacent to the City's monument sign o The approval of an ATM location within the existing shopping center Attachment 3 On behalf of King Soopers and the owners of Ridge Village Shopping Center, we are requesting a meeting with staff to discuss these items. Thank you for your consideration. Please feel free to coordinate this meeting with me . We look forward to hearing from you soon. Sincerely, Becky Galloway Planm~g . Arch•lecture Eng•neenng BECKY L. HOGAN, DIRECTOR OF BUSINESS & PROJECT DEVELOPMENT 5300 DTC Parkway, Suite 100 Greenwood Village , CO 80111 303 .770.8884 0 303 .770 .3636 F 303-358-8411 c beckyhogan@qallowayUS.com www.gallowayUS .com Sec. 22-85. -Program established. There is hereby established within the city the "Wheat Ridge Business Development Zone" program. (Ord. No. 888, § 1, 1-13-92; Ord. No . 1272, § 1. 12-9-02) Sec. 22-86. -Legislative declarations. (a) (b) (c) (d) The city council of the city hereby finds and declares: (1) (2) (3) That the health , safety and welfare of the people of this city are in large part dependent upon the continued encouragement , development and expansion of opportunities for employment in the private sector in this city ; That there currently exists in this city businesses or vacant land which require new development or revitalization opportunities to overcome conditions of unemployment, underemployment, net out-migration of the population, diminution of tax revenues, chronic economic distress and blighting influences such as, but not limited to , deterioration of business districts , deterioration of public infrastructures, traffic and drainage problems or sudden severe economic dislocations ; That by creating new development, redevelopment or expansion opportunities for businesses within the city the city council will increase the likelihood that new and improved businesses will generate more municipal sales and use tax revenues for the city in the future . It is therefore declared to be the policy of the city, in order to provide incentives for private enterprises to expand or for new businesses to locate in the city, to develop a program which empowers the city council to designate portions of the city as a "business development zone" and to provide for the abatement of certain categories of fees , taxes and other business development- related charges for new development or redevelopment within such districts. The city council has enacted this division 5 of article I of chapter 22 of the Code of Laws as a joint benefit to the public at large and to private owners for the purposes of reducing blight in our business districts and of providing the city with increased sales and use tax revenues generated upon and by properties improved as a result of this program and allowing owners and proprietors opportunities to improve properties which generate sales activities , which improvements make those properties more competitive in the marketplace and further provide to owners and proprietors additional contingent sources of revenues for ungrading such properties . The city council specifically finds and determines that creation of this "business development zone" division and the exercise of the powers enumerated herein are consistent with and promotes the public health , safety and general welfare of the citizens of Wheat Ridge . (Ord. No . 888, § 1, 1-1 3-92; Ord. No 1993-947, § 1, 12-13-93 : Ord. No . 1272. § 1. 12-9-02) Sec. 22-87.-Definitions. Attachment 4 As used in this division, the following phrases shall have the following meanings unless the context clearly indicates another meaning: ( 1) (2) (3) (4) The phrase eligible city fees, charges and taxes shall mean and shall be limited to use tax on furniture and fixtures associated with the initial development or redevelopment "project," use tax on building materials, building permit fees and zoning fees. The phrase expected incremental future sales and use tax revenue shall mean the amount of the additional sales and use tax revenue, as projected by the city, expected to be generated during the council-designated time period from the time of completion of the "project" over and above the sales and use tax fees generated on the premises in the twelve (12) months preceding the application described in section 22-88 The phrase owner or proprietor shall mean the record owner, tenant or operator of an individual business or, in the case of a shopping center, the owner of the real property upon which more than one business is operated. Project shall mean the specific development or redevelopment expenditures which relate both to the abatement of "eligible city fees, charges, and taxes" and "expected incremental future sales and use tax revenues." (Ord . No . 888. § 1. 1-13-92: Ord. No . 1272, § 1, 12-9-02) Sec. 22-88. -Participation. Participation in the business development zone program shall be based upon approval by the city council, exercising its legislative discretion in good faith. Any owner or proprietor of an established, proposed or newly purchased business, or the owner or proprietor of an existing business which wishes to expand, may apply to the city for inclusion within the program. Abatement or sharing of eligible city fees, charges, and taxes shall, upon approval of the application by the city council, be granted up to the amount of expected incremental future sales and use tax revenue to be generated by the project during the agreed to time period . (Ord. No. 888. § 1, 1 13 -92 ; Ord. No. 1272, § 1, 12 -9-02) Sec. 22-89. -Approval of agreement; use of funds generally. Approval by the city council of an agreement implementing the provisions of this division shall entitle the applicant to share in the eligible city fees, charges and taxes up to the amount agreed by the city council; provided, however, that applicant may use such amounts only for the purpose of developing or redeveloping the business within the approved business development zone, which purposes shall be specifically enumerated in the agreement provided for in section 22-94 hereof. (Ord . No . 888, § 1, 1-13-92: Ord. No . 1272 , § 1. 12-9-02) Sec. 22-90. -Uses enumerated. The uses to which the eligible city fees, charges and taxes may be put by an applicant shall be strictly limited to those which are approved by the city council and relate directly to the development or redevelopment of businesses within the city , which developed or redeveloped businesses will generate more municipal sales and use tax revenues for the city in the future . Priority shall be given to all businesses which make application for inclusion within this program and who agree to utilize the eligible city fees, charges and taxes for the public or public-re lated purposes identified section 22-78 of this Code of Laws. (Ord. No. 888, § 1, 1-13-92; Ord. No . 1272, § 1, 12-9-02) Sec. 22-91. -Increments, sharing of funds. The base figure for eligible city fees , charges and taxes shall be divided into twelve (12) monthly increments , which increments are subject to agreement between the parties and approved by the city council , and which increments shall be reasonably related to the amount of sales and use taxes generated on the premises in the twelve (12) months preceding the application received by the city for participation in this program. The accounting and payment provisions of sections 22-79 and 22-80 hereof are hereby declared to be applicable to any application approved hereunder. (Ord . No. 888, § 1, 1-13-92; Ord. No . 1272. § 1, 12-9-02) Sec. 22-92. -Capital improvement fund. The one (1) percent of use taxes earmarked for the capital improvement fund may be utilized in this bus iness development zone program for public improvements so long as the same are within the meaning of the phrase capital improvements as defined in the voter-approved sales tax referendum previously held within the city , and provided the public improvements are found and determ ined by the city council to be capital improvements which could be provided by the city from the capital improvement fund but for the provision of such improvements by the applicant. (Ord. No . 888, § 1, 1-1 3-92; Ord. No . 1272, § 1. 12-9-02) Sec. 22-93. -Criteria for approval of application. (a) Approval of an application for inclusion in this business development zone program shall be given by the city council at a public hearing held as a portion of a regularly scheduled city council meeting based upon the following criteria : (1) (2) (3) (4) (5) The amount of expected incremental future sales and use tax revenue which [can] reasonably be anticipated to be derived by the city through the expanded or new tax generating business ; The public benefits which are provided by the applicant through public works , public improvements, additional employment for city residents , etc .; The amount, if any, of city expenditures which may be deferred based upon public improvements to be completed by the applicant; The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the city ; (b) (c) The agreement required by section 22-94 hereof having been reached, which agreement shall contain and conform to all of the requirements of such section. Approval of any application shall be made by motion adopted by a majority of the entire city council. The city council may by three-fourths(%) majority vote approve exceptions to the provisions of this division when such exceptions are found to be in the public's interest and such exceptions provide substantial benefit to the city. (Ord. No. 888. § 1, 1-13-92; Ord. No . 1993-947, § 2. 12 -13-93 : Ord. No. 1272, § 1, 12-9-02) Sec. 22-94. -Agreement required. Each application for approval to the city council shall be subject to approval by the council solely on its own merits. Approval of one application shall not require, or be deemed precedent for, approval of any other application . Approval of an application shall require that an agreement be executed by the owner and the city, which agreement shall, at a minimum contain : ( 1) (2) (3) (4) (5) (6) (7) (8) A list of those public or public-related improvements which justify applicant's approval, and the amount which shall be spend on such improvements; The maximum amount of expected incremental future sales and use tax revenue and the maximum time during which the agreement shall continue , it being expressly understood that any such agreement shall expire and be of no further force and effect upon the occurrence of the earlier to be reached of the maximum time of the agreement (whether or not the maximum amount to be shared has been reached) or the maximum amount to be shared (whether or not the maximum time set forth has expired); A statement that this is a personal agreement which is not transferable and which does not run with the land; That this agreement shall never constitute a debt or obligation of the city within any constitutional or statutory provision; The base amount which is agreed upon by month, and the fact that if, in any month as specified, expected incremental future sales and use tax revenue received from the property does not at least equal such amount, that there shall be no sharing of funds for such month; The base amount shall be agreed upon, which shall consider the use taxes generated by the property in question , or a similar property within the city in the event of a new business; A provision that any expected incremental future sales and use tax revenue shall be escrowed in the event there is a legal challenge to this business development zone program ; (9) An affirmative statement that the obligations , benefits and/or provisions of this agreement may not be assigned in whole or in any part without the expressed authorization of the city council , and further that no third party shall be entitled to rely upon or enforce any provision hereof; Any other provisions agreed upon by the parties and approved by the city council. (Ord. No . 888. § 1, 1-13-92; Ord. No . 1272 , § 1. 12 -9-02) Sec. 22-95. -Joint venture liability. The city council has enacted this business development zone as a joint benefit to the public at large and to private owners for the purposes of providing the city with increased tax revenues generated upon and by properties improved as a result of this program ; public improvements being completed by private owners through no debt obligation being incurred on the part of the city, and allowing applicants an opportunity to improve properties which generate sales and other business activities . The city council specifically finds and determines that creation of this business development zone is consistent with the city's powers as a home rule municipal corporation , and that exercise of such powers in the manner set forth herein is in furtherance of the public health , safety and welfare. Notwithstanding any provision hereof, the city shall never be a joint venture in any private entity or activity which participates in this business development zone program, and the city shall never be liable or responsible for any debt or obligation of any participant in this business development zone . (Ord. No . 888, § 1. 1-13 -92 ; Ord. No . 1272 . § 1 12 -9-02) Sec. 22-96. -ESTIP and TIF. If the applicant , owner or proprietor participates in the city's Enhanced Sales Tax Incentive Program ("ESTIP") or if the owner's or proprietor's business is located in an urban renewal area in which all or a portion of sales tax revenues have been pledged as part of a tax increment financing program, he or she shall be ineligible for participation in this business development zone program . (Ord . No . 888. § 1, 1-13 -92 ; Ord. No . 1272, § 1, 12 -9-02) Sees. 22-97-22-99. -Reserved. ~~,, .. ~ ~ City of • ?WheatRi9ge ITEM NO:~ DATE: June 25 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOUTION NO. 33-2012 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KING SOOPERS, INC. FOR PARTICIPATION IN THE ENHANCED SALES TAX INCENTIVE PROGRAM (ESTIP) IN AN AMOUNT NOT TO EXCEED $300,000 FOR THE REMODEL OF THEIR STORE LOCATED AT 3817 SHERIDAN BOULEVARD I:8J PUBLIC HEARING D BIDS /MOTIONS I:8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES I:8J NO King Soopers (Kings) has made an application and request to participate in the City's Enhanced Sales Tax Incentive Program (ESTIP), relating to the exterior remodeling of their store located at 3817 Sheridan Boulevard. The remodel includes creating new public improvements to the exterior of the store, creating a new public mall access to the store. PRIOR ACTION: No prior action has occurred with Kings on this site. FINANCIAL IMPACT: Kings has requested a total package in the amount of $400 ,000 which includes an amount not to exceed $100 ,000 in building use tax abatement through the City's Business Development Zone (BDZ) program and up to $300 ,000 in rebates of incremental sales tax. This agreement will decrease any new incremental sales taxes to the general fund by up to $300 ,000 but will not impact any services directly. King Soopers Council Action Form June 25 ,2012 Page2 {• . ' BACKGROUND: Kings , located at the northwest corner of Sheridan Boulevard and 3 81h A venue, is working in partnership with the owners of Ridge Village Shopping Center on interior and exterior remodeling and upgrading of the existing center. This store was built in 1982 and was first remodeled in 1995. Kings is considering a significant remodel and will replace the existing fa9ade on the entire frontage of their store and create a new pedestrian mall and decorative structure providing improved access to the store. Kings estimates these exterior improvements at $400,000. Additionally, Kings will perform a remodel to the interior of the store. Kings is upgrading this specific store to better serve the existing loyal customer base in the Wheat Ridge area, and to attract new shoppers to this store and the shopping center. The supermarket industry as a whole is very competitive, and the Wheat Ridge market is no exception. In order to offer King's customers an energy-efficient, best-in-class facility , this store will need to be extensively remodeled in late 2012 or early 2013. With the anticipated improvements, Kings estimates that they can maintain and increase their customer base in subsequent years. Due to numerous competitive changes in the Wheat Ridge area , maintaining current levels of sales for any retailer will be difficult and City revenues from Kings may decline 20-25 percent in the near term. Kings feels very strongly that if they remodel their existing store with a full complement of new , expanded and remodeled departments they could reverse thi s negati ve revenue trend within a few years . Along with the Kings remodel, the Ridge Village owners , Bob Perry and Jeff Bailey, anticipate upgrading the exterior of the remainder ofthe shopping center. These efforts will result in a fresh , revitalized center in the City of Wheat Ridge. These improvements to Kings and the Ridge Village Shopping Center will be coordinated by Kings to maintain a uniform look for the center. Kings anticipates an investment of more than $5 .8 million in interior and exterior remodeling , including furniture , fixtures and equipment. Additionally, it is anticipated the shopping center may invest an additional $1 00 ,000 toward improvements to the remainder of the center. Business Incentive Package Request Kings is requesting a total financial contribution in the amount of $400 ,000 to demonstrate the City's desire to retain Kings at this site. In addition to the BDZ contribution requested by Resolution No. 32-2012 , Kings has requested an ESTIP to rebate incremental sales tax. The ESTIP Agreement would provide assistance funded by future sales tax increment, not to exceed $300 ,000 or seven years from the completion of the remodel and issuance of the final Certificate of Occupancy, or June30 , 2013 , whichever should occur first. The ESTIP , as defined in Section 22-75 shall rebate monthly to Kings the amount of sales tax collected by the City over and beyond the base amount of actual sales tax. For this ESTIP the base amount will be calculated from the period of July 1, 2011 to June 30 , 2012. King Soopers Council Action Form June 25 , 2012 Page 3 Reinvestment of Kings and the Ridge Village Shopping Center at this location offers the following benefits to the City: • Retains necessary neighborhood services and brings revenue to the City from surrounding communities -a true definition of economic development ; • Retains 50+ full-time and 1 00+ part-time jobs within the center; • Creates new revenue through permit fees , use tax on furniture , fixtures and equipment and incremental sales tax ; • Spurs reinvestment and remodeling of the entire existing center on this signature corridor, thus enhancing and preserving the economic viability in the City; and • Extends the lease and Kings' commitment to this shopping center and the City of Wheat Ridge to 2033. In most cases , an anchor store's reinvestment will position the shopping center to attract a greater selection ofhigh quality co-tenants . RECOMMENDATIONS: Staff recommends Council consider adopting Resolution No. 33-2012 , authorizing the execution of the enhanced sales tax incentive program (ESTIP) providing assistance funded by future sales tax increments , not to exceed $300,000 , or seven years from the completion of the remodel and issuance ofthe final Certificate ofOccupancy, or June 1, 2013 whichever should occur first. RECOMMENDED MOTION: "I move to approve the adoption of Resolution No . 33-2012 , a resolution authorizing the execution of an agreement with King Soopers , Inc. for participation in the Enhanced Sales Tax Incentive Program (ESTIP)." Or, "I move to postpone indefinitely the adoption of Resolution No . 33-2012 , a resolution authorizing the execution of an agreement with King Soopers , Inc. for participation in the Enhanced Sales Tax Incentive Program (ESTIP) for the following reason(s) ------- REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development/ Urban Renewal Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 33-2012 2. Agreement pursuant to enhanced sales tax incentive program (ESTIP) 3 . Code of Laws Chapter 22 , Article 1, Division 4 " CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 33 Series of 2012 TITLE: A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KING SOOPERS, INC. FOR PARTICIPATION IN THE ENHANCED SALES TAX INCENTIVE PROGRAM (ESTIP) IN AN AMOUNT NOT TO EXCEED $300,000 FOR THE REMODEL OF THEIR STORE LOCATED AT 3817 SHERIDAN BOULEVARD WHEREAS, the City has adopted as a portion of the Wheat Ridge Code of Laws ("Code") Chapter 22, Division 4, "Enhanced Sales Tax Incentive Program" (the Program) to encourage, in part, continued development and expansion of opportunities for employment in the private sector in the City; and WHEREAS, King Sooper (Kings) has applied to participate in the Program and a public hearing was posted and conducted; and WHEREAS, Kings is the owner and operator of leased space and improvements thereon within the City and known as the "Owner," and is the operator of a grocery store serving residents of Wheat Ridge and surrounding communities; WHEREAS, Owner plans to construct public improvements of approximately $400,000 and a total project budget of approximately $5 .8 million; and WHEREAS , the project retains necessary neighborhood services and brings revenue to the City from surrounding communities -a true definition of economic development; and WHEREAS; the project retains 50 plus full-time and 100 plus part-time jobs within the center, and WHEREAS; the project creates new revenue through increased permit fees and use tax on furniture, fixtures and equipment; WHEREAS; the project spurs reinvestment and remodeling of the entire existing center on this signature corridor, thus enhancing and preserving its economic viability in the City; and WHEREAS; the project extends the lease and King 's commitment to this shopping center and the City of Wheat Ridge to 2033; and WHEREAS, cost-sharing at the rate prescribed herein will serve to aid the expansion of Owner in that it will alleviate a portion of the costs associated with the expansion. Attachment 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Agrees to execute an Agreement Pursuant to Enhanced Sales Tax Incentive Program wherein an amount not to exceed $300,000 of enhanced sales tax will be rebated to Dillon Companies, Inc., a Kansas Corporation dba King Soopers. DONE AND RESOLVED this 25th day of June 2012 . Jerry DiTullio, Mayor ATIEST: Janelle Shaver, City Clerk AGREEMENT PURSUANT TO ENHANCED SALES TAX INCENTIVE PROGRAM This Agreement Pursuant To Enhanced Sales Tax Incentive Program (this "Agreement") is made and entered into as of the 25 1h day of June, 2012 , by and between Dillon Companies , Inc., a Kansas Corporation (dba King Soopers), for the store located at 3817 Sheridan Blvd in the City of Wheat Ridge , Colorado , hereinafter referred to as the "Owner" and the CITY OF WHEAT RIDGE , COLORADO , hereinafter referred to as the "City," collectively the "Parties," and each individually, as a "Party." RECITALS: Whereas , the City has adopted Chapter 22 , Article 69 -84 of the Wheat Ridge Code of Laws , entitled the Enhanced Sales Tax Incentive Program (the "ESTIP Program "), a copy of which is attached hereto as Exhibit A, to encourage , in part , the establishment of retail sales tax generating businesses within the City; and Whereas , the Owner desires to participate in the ESTIP Program and to share in the enhanced sales tax derived from the property described as a Grocery Store, generally located at 3817 Sheridan Boulevard in Wheat Ridge , Colorado and more particularly described in Exhibit B , attached hereto and incorporated by this reference (the "Property"), for the installation of Public Improvements described in Exhibit C , attached hereto and incorporated by this reference (the "Public Improvements ") to the extent allowed by this Agreement and the ESTIP Program. NOW , THEREFORE, in consideration of the foregoing premises and the covenants , promises, and agreements of each of the Parties hereto , to be kept and preformed by each of them , the Parties agree as follows: 1. Recitals . The Recitals set forth above are incorporated in this Agreement by reference. 2. Term. The term of this Agreement shall commence on the first day of the calendar month following the month in which the Owner receives their Certificate of Occupancy on the Property or June 30, 2013 whichever shall occur first (the "Commencement Date") and shall terminate on the one (1) year anniversary date of the Commencement Date, unless otherwise provided in this Agreement (the "Term "). The Term may be renewed by up to SIX (6) one (1) year periods (the "Extended Term "). The Term of this Agreement shall automatically renew for each additional one year period to the extent required by Section 4(d) hereof. 3. Application of City Code. This Agreement is subject to the limitations of the ESTIP Program , as found in the City of Wheat Ridge Code of Laws. In the event of conflicts between this Agreement and the ESTIP Program , the ESTIP Program shall control. Attachment 2 4. Qualification of Property for the ESTIP Program. The City agree s that the Property qualifies for the ESTIP Program and the Public Improvements are improvements for public and/or public related purposes that will stimulate the economy of and within the City, provide employment opportunities for residents of this City and others , expand the goods available for purchase and consumption by residents of the City, and increase sales taxes collected by the City. The City finds the business is reasonably likely to generate enhanced sales taxes of at least One Hundred Eighty-Nine Thousand dollars ($189 ,000) over the full term of this Agreement. The following provisions shall apply for each year in which the ESTIP Program is in effect for the Property: a. One Hundred percent (1 00 %) of the "Enhanced Sales Taxes" collected by the City and deri ved from the Property shall be segregated by the City to be utilized for the ESTIP Program herein established and approved (the "Allocated Revenues "). For purposes of this Agreement "Enhanced Sales Taxes" shall have the meaning set forth in the ESTIP Program at Section 22-75 of the Wheat Ridge Code of Laws. b. The amount of Enhanced Sales Taxes shall be calculated as follow s: the actual amount of sales taxes collected on the Property during the period July 1, 2011 to June 30, 2012 (the "base amount"), shall be subtracted from the actual amount of sales taxes collected annually commencing after: (i) the first day of the calendar month following the month in which the Owner receives their certificate of occupancy on the Property, or (ii) June 30 , 2013 , whichever occurs first. The excess of collections in each such year above the base amount shall be the Enhanced Sales Taxes for that year . c. The Owner shall share in the Enhanced Sales Taxes deri ved from the Property and the business located thereon as provided herein. d. Enhanced Sales Taxes from the Property shall be shared and the Allocated Revenues shall be disbursed to the Owner on an annual basis with sales taxes collected on and after the Commencement Date. The maximum period of time that this Agreement shall be in effect shall be the earlier of: (i) SEVEN (7) years , commencing on the Commencement Date, or (ii) until the sum of THREE HUNDRED THOUSAND Dollars ($300 ,000.00) in Enhanced Sales Taxes (the "Maximum Amount") has been paid to Owner for reimbursement for such improvements , whichever occurs first , at which time this Agreement shall terminate . It is expressly understood by the Parties that this Agreement will terminate upon the occurrence of the earlier to be reached of the maximum time as provided in the preceding sentence (whether or not the Maximum Amount has been reached) or the disbursement of the Maximum Amount as provided in the preceding sentence (whether or not the maximum time set forth has expired). 2 Notwithstanding the foregoing, the Term will be automatically extended for one year for up to six (6) additional one (1) year periods if the Maximum Amount has not been disbursed during the Extended Tenn because the City Council has not appropriated the funds as provided in Paragraph 5 of this Agreement. e. This Agreement is a personal agreement between the City and the Owner and does not run with the Owner's property interest in the land. The obligations, benefits and/or the provisions of this Agreement may not be assigned in whole or in part without the express authorization of the City Council, acting in its sole and exclusive discretion and no third party shall be entitled to rely upon or enforce any provisions hereon. Notwithstanding the foregoing, Owner may assign its interests in this Agreement to an affiliate or to a successor by consolidation. For the purposes of this Paragraph, an affiliate means an entity which controls, is controlled by, or is under common control with the Owner. This Agreement shall never constitute a debt or obligation of the City within any constitutional or statutory provision. f. Any Enhanced Sales Taxes subject to the Agreement shall be escrowed in the event there is a legal challenge to the ESTIP Program or to the approval of this Agreement. g. At the end of the Tenn of this Agreement as provided for herein, any monies segregated by the City which have not been expended as hereunder provided may be transferred to another account of the City or used in a manner determined by the City in its sole discretion, excluding any amounts escrowed under Paragraph 4.fabove. h. From the Enhanced Sales Tax proceeds segregated by the City, the City shall pay to the Owner the actual cost incurred by the Owner for the construction and installation of the Public Improvements beginning at the time that all of the Public Improvements are substantially completed, but not to exceed the Maximum Amount defined in Paragraph 4.d above and set forth in Exhibit C. 1. In order to obtain reimbursement for such actual costs, the Owner shall submit invoices to the City after the Effective Date of this Agreement, the payment of which shall be subject to the City's approval for compliance of the expenditures with this Agreement and the ESTIP Program and the availability of Allocated Revenues. Each invoice presented to the City by the Owner shall be accompanied by an affidavit or other supporting documentation from the general contractor stating: 1. that said improvements have been substantially completed pursuant to plans and specifications approved by the City through the issuance of permits and site plan approvals by the City in the ordinary course; and u. that the Owner has paid the full amount specified on the invoice. 3 J. The Owner shall be deemed the "owner or proprietor" of the Property for the purposes of this Agreement and the ESTIP Program, whether or not the Owner owns all or any portion of the Property at any relevant time, since the Owner is coordinating the installation of the Public Improvements. 5. City's Budget Process. Each year, the City Manager shall include in a budget presented to the City Cow1cil pursuant to Chapter X, Sec. 10.2 of the Wheat Ridge Home Rule City Charter, the appropriation of the Allocated Revenues for payment to the Owner as provided in this Agreement. Nothing in this Agreement shall be construed as obligating the City Council to appropriate the Allocated Revenues in any fiscal year. 6. No Debt or Pecuniary Liability. Notwithstanding anything in the Agreement to the contrary, the Agreement is specifically subject to annual appropriation of sufficient funds to pay the Allocated Revenue as provided in the ESTIP Program . No multiple year fiscal obligation is created hereby. The decision of the City Council not to appropriate funds in any given year shall not affect, impair or invalidate any of the remaining provisions of thi s Agreement. None of the obligations of the City hereunder shall be payable from any source other than Enhanced Sales Taxes. 7. Subordination. Notwithstanding anything in this Agreement to the contrary, the Owner shall have no right, claim , lien, or priority, in or to the City's sales tax revenue that would be superior to or on parity with the rights , claims , or liens of the holders of any sales ta x rev enue that w ould b e bonds , notes , c ertificates , or debentures payable from or secured by any sales taxes , outstanding as of the Effective Date of this Agreement. All rights of the Owner are, and at all time shall be, subordinate and inferior to the rights, claims and liens of the holders of any and all such sales tax revenue bonds, notes , certificates, or debentures , issued by the City and payable from or secured by any sales taxes. 8. No Covenant to Construct or to Open. The intent of this Agreement is to provide for Owner's participation in the ESTIP Program, in the event that Owner constructs the Public Improvements or to operate the same once completed or otherwise. Notwithstanding any prov ision in this Agreement to the contrary, Owner shall have no obligation under this Agreement to construct the Public hnprovements , and in that event, the City shall have no obligation to share any of the Enhanced Sales taxes with Owner. 9. Remedies. The Owner waives any constitutional claims against the City arising out of a breach of this Agreement. The Owner's remedies against the City under this Agreement are limited to breach of contract claims. In no event shall the Owner be entitled to a claim , nor shall the City be liable for, any special , exemplary, punitive or consequential damages of any kind, including economic damages or lost profits. 4 10. Severability. It is understood and agreed by the Parties that if any part, term or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected , the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid, and the Parties shall cooperate to cure any legal defects in the Agreement or the ESTIP. Should the allocation of the Enhanced Sales Tax, or the payment of the Allocated Revenues be judicially adjudged illegal , invalid or unenforceable under the present or future laws effective during the Term of this Agreement by a court of competent jurisdiction in a final, non-appealable judgment, the Parties shall utilize their best, good faith efforts to restructure this Agreement or enter into a new agreement consistent with the purposes of this Agreement. Should the Parties be unsuccessful in their efforts , the Agreement shall terminate without penalty or recourse to the City. 11. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either Party institute legal suit or action for enforcement of any obligation contained herein , it is agreed that venue of such suit or action shall be proper and exclusive in the district court for Jefferson County, Colorado. 12. Notices. All notices required or permitted under this Agreement shall be in writing and shall be hand delivered or sent by certified mail , return receipt requested, postage prepaid, to be addressed to the Parties set forth below . All notices so given shall be considered effective upon the earlier of the actual receipt or seventy-two (72) hours after deposit in the United States Mail with the proper address. Either Party by notice so given may change the address to which future notices shall be sent: Notice to the City: Copy to: Notice to the Owner: City Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 City Attorney City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Dillon Companies, Inc. dba King Soopers Attention : Real Estate Department 65 Tejon Street Denver, CO 80223 5 13. Entire Agreement-Amendments. This Agreement embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the Parties hereto. This Agreement may be amended only by written agreement between the Owner and the City acting pursuant to City Council authorization. 14. Effective Date. This Agreement shall be effective and binding upon the Parties upon the date first set forth above. Notwithstanding any provision of this Agreement which may be interpreted to the contrary, in the event that Owner does not acquire title to the Property and construct and make improvements to the Property on or before June 30, 2013, then upon notice by the Owner to the City, this Agreement shall terminate and both Parties shall be relieved of all liability hereunder. IN WITNESS WHEREOF, Owner and City have each caused this Agreement to be executed by the authorized Parties. State of Colorado County of ____ _ ) ) ss. ) OWNER Dillon Companies, Inc., a Kansas Corporation (dba King Soopers) Russell J .Dispense Vice President The foregoing Agreement was acknowledged before me this _ day of ______ . 20_, by Russell J. Dispense, Vice President ofDillon Companies, Inc. a Kansas corporation on behalf of the corporation. WITNESS MY HAND AND OFFICAL SEAL. My Commission expires : _______ _ Notary Public 6 ATTEST: Name: Janelle Shav er Title : City Clerk State of Colorado ) ) ss. County of Jefferson ) CITY OF WHEAT RIDGE By: __________________ __ Name: Jerry DiTullio Title : Mayor The foregoing Agreement was acknowledged before me this __ day of ________ _ 20_, by Jerry DiTullio as Mayor and Janelle Shaver as City Clerk, respectively, of the City of Wheat Ridge , Colorado. WITNESS MY HAND AND OFFICAL SEAL. My Commission expires: ________ _ Notary Public 7 EXHIBIT A Ordinance 2001-08 The Enh anced Sales Tax Incentive Program {The "ESTIP Program") Sec. 22-73.-Program established. There is hereby established within the city an enhanced sales tax incentive program. (OJ'(/. No. 1988-758, ,,,, 1(24-1}, 5-23-88; Ord. No. 1272. .~·I, 12-9-02) Sec. 22-74.-Purpose. The purpose of the enhanced sales tax incentive program created by tllis division is to encourage the establishment and/or substantial expansion of retail sales tax generating businesses within the city, thereby stimulating the economy of and within the city, thereby providing employment for residents ofthe city and others, thereby further expanding the goods available for purchase and consumption by residents of the city, and further increasing the sales taxes collected by the city, which increased sa les tax collections will enable the city to provide expanded and improved mu tlicipal services to and for the benefit of the residents of the city, wllile at the same time providing public or public-related improvements at no cost, or at deferred cost, to the city and its taxpayers and residents. (On/. No. 1988-758. § 1(24-2}, 5-23-88; Ord. No. 1272. § 1, 12-9-02) Sec. 22-75. -Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Enhanced sales tax shall mean the amount of sales tax collected by the city over and above a base amount negotiated by, and agreed upon by, the applicant and the city, and which amount is approved by the city council , which base amount shall never be lower than the amount of sales taxes collected by the city at the property in question in the previous twelve (12) months plus a reasonable and agreed upon percentage of anticipated increase in sales taxes , or, in the case of a newly established business, an amount which represents the good faith determination by the applicant and the city as to the amount of sales taxes which could be generated from the new business without the participation by applicant in the ESTIP created under this division. ESTIP means the enhanced sales tax incentive program created under this division. 8 Owner or proprietor shall mean the record owner or operator of an individual business, or, in the case of a shopping center, the owner of the real property upon which more than one (l) business is operated, provided that the owner (whether an inclividual, corporation, partnership or other entity) is the owner or less or of the individual businesses operated thereon. (Ord. No. 1988-758, § 1(24-3), 5-23-88: Ord. No. 1272, .~ 1, 12-9-02) Sec. 22-76. -Participation. Participation in ESTIP shall be based upon approval by the city council exercising its legislative discretion in good faith. Any owner or proprietor of a newly established or proposed retail sales tax generating business or location, or the owner or proprietor of an existing retail sales tax generating business or location which wishes to expand substantially, may apply to the city for inclusion within the ESTIP provided that the new or expanded business is reasonably likely to generate enhanced sales taxes of at least five thousand dollars ($5,000.00) in the first year of operation. (Ord. No. 1988-758. § /(24-4), 5-23-88: Ord. No. 1990-854, ·'" 1, 11-26-90; Ord. No. 1272. § 1. 12-9-02) Sec. 22-77.-Approval of agreement; use offunds generally. Approval by the city council of an agreement implementing this ESTIP shall entitle the successful applicant to share in enhanced sales taxes derived from applicant's property or business in an amount which shall not in any event exceed the enhanced sales taxes; provided, however, that applicant may use such amounts only for public and/or public-related purposes such as those specified herein and which are expressly approved by the city council at the time of consideration of the application. The time period in which the enhanced sales taxes may be shared shall not commence until all public or public-related improvements are completed, and shall be limited by the city council, in its discretion, to a specified time, or until a specified amount is reached. (Ord. No. 1988-758, § 1(24-5}, 5-23-88: Ord. No. 2002-1240, § 1, 1-28-02; Ord. No. 1272, § 1, 12-9-02) Sec. 22-78. -Uses enumerated. The uses to which the shared enhanced sales taxes may be put by an applicant shalJ be strictly limited to those which are public or public-related in nature. For the purposes of this division, public or public-related purposes shall mean public improvements, including but not limited to streets, sidewalks, curbs, gutters, pedestrian malls, street lights, drainage facilities, landscaping, decorative structures, statuaries, fountains, identification signs, traffic safety devices , bicycle paths, off-street parking facilities, benches, restrooms, information booths, public meeting facilities, and all necessary, incidental, and appurtenant structures and improvements, together with the 9 relocation and improvement of existing utility lines , and any other improvements of a similar nature which are specifically approved by the city council upon the city council's fmding that said improvement are public or public-related improvements, and that such improvements shall enhance the competitive position of the applicant within the Denver metropolitan area marketplace. (Ore/. No. 1988-758, ,,,. I (24-6). 5-23-88: Ord. Nu. 1272, .~-I. 12-9-02) Sec. 22-79. -Increments , sharing of funds. The base figure for sales taxes shall be divided into twelve (12) monthly increments, which increments are subject to agreement between the parties, and approval by the city council, and which increments shall be reasonably related to the average monthly performance of the business or property in question , or similar businesses in the area (i .e . adjust for seasonal variations). If in any month the agreed upon figure is not met by applicant so as to create enhanced sales tax for that month, no funds shall be shared with applicant for that month, and no increment shall be shared until that deficit, and any other cumulative deficit , has been met, so that at the end of any twelve-month cycle, funds in excess of those enhanced sales taxes agreed to be shared shall not have been shared with any applicant. (On/. No. 1988-758. § 1(24-7). 5-23-88: Ore/. No. 1272. ·' I. 12-9-02) Sec. 22-80.-Revenues restricted. It is an overriding consideration and determination of the city council that existing sources of city sales tax revenues shall not be used , in1paired , or otherwise affected by this enhanced sales tax incentive program. Therefore, it is hereby conclusively determined that only enhanced sales taxes generated by the properties described in an application shall be subject to division under this ESTIP . It shall be the affirmative duty of the treasurer to collect and hold all such enhanced sales taxes in a separate account apart from the sales taxes generated by and collected from the other sales tax generating uses and businesses within the city and to provide an accounting system which accomplishes the overriding purpose of this section. It is conclusively stated by the city council that this division would not be adopted or implemented but for the provisions of this section. (Ord. No. 1988-758. ,,,, 1(24-8). 5-23-88: Ord No. 12 72. §I . 12-9-02) Sec. 22-81. -Capital improvement fund. The one (1) percent of sales and use taxes earmarked for the capital improvement fund may be utilized in this ESTIP for public improvements so long as the same are within the meaning of the phrase capital improvements as defmed in the voter approved sales tax referendum previously held within the city, and provided that the same are found and determined by the city council to be capital improvements which could be 10 provided by the city from the capital improvement fund but for the provision of such improvements by the applicant; provided, however, that such use of capital improvement funds as part of this ESTIP shall be limited to the amount agreed pursuant to section 22- 83 hereof; provided further , however, that nothing contained herein shall limit the city council in the determination to appropriate additional capital improvement funds for capital improvements affecting the property in question as a part of the city's regular appropriation and budget process. (Ore/. No. 1988-758, .\'''1(24-9), 5-23-88: Ord. No. 1272, .\'' 1 , 12-9-02) Sec. 22-82. -Criteria for approval of application. Approval of an application for inclusion in this ESTIP shall be given by the city council, at a public hearing held as a portion of a regularly scheduled city council meeting, based upon the following criteria: (1) (2) (3) (4) (5) (6) The amount of enhanced sales taxes which are reasonably to be anticipated to be derived by the city through the expanded or new retail sales tax generating business; The public benefits which are provided by the applicant through public works, public improvements, additional employment for city residents, etc; The amount of expenditures which may be deferred by the city based upon public improvements to be completed by the applicant; The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the city; The agreement required by section 22-83 having been reached, which agreement shall contain and conform to all requirements of section 22-83 Approval shall be by motion adopted by a majority of the entire city council. (Ord. No. 1988-758, .~ 1(24-10), 5-23-88; Ord. No. 1272,.$ 1, 12-9-02) Sec. 22-83. -Agreement required. Each application for approval submitted to the city council shall be subject to approval by the council solely on its own merits. Approval of an application shall require II that an agreement be executed by the owner and the city, which agreement shall , at a minimum, contain: (1) (2) (3) (4) (5) (6) (7) (8) A list of those public or public-related improvements which justify applicant's approval, and the amount which shall be spent on such improvements ; The maximum amount of enhanced sales taxes to be shared, and the maximum time during which the agreement shall continue, it being expressly understood that any such agreement shall expire and be of no further force and effect upon the occurrence of the earlier to be reached of the maximum time of the agreement (whether or not the maximum amount to be shared has been reached) or the maximum amount to be shared (whether or not the maximum time set forth has expired); A statement that this is a personal agreement which is not transferable and which does not run with the land ; That this agreement shall never constitute a debt or obligation of the city within any constitutional or statutory provision; The base amount which is agreed upon by month , and the fact that if, in any month as specified, sales taxes received from the property do not at least equal such amount, that there shall be no sharing of funds for such month; The base amount shall be agreed upon which shall consider the historic level of sales at the property in question, or a similar property within the area in the event of a new business , and a reasonable allowance for increased sales due to the improvements and upgrades completed as a result of inclusion within this program; A provision that any enhanced sales taxes subject to sharing shall be escrowed in the event there is a legal challenge to this enhanced sales tax incentive program or the approval of any application therefor; An affirmative statement that the obligations , benefits , and/or provisions of this agreement may not be assigned in whole or in any part without the 12 (9) expressed authorization of the city council , and further that no third party shall be entitled to rely upon or enforce any provision hereof; Any other provisions agreed upon by the parties and approved by the city council. (Ord. No. 1988-758, § 1(24-11), 5-23-88; On/. No. 1272, 5' 1, 12 -9-02) Sec. 22-84. -Joint venture; liability. The city council has enacted this ESTIP as a joint benefit to the public at large and to private owners for the purposes of providing the city with increased sales tax revenues generated upon and by properties improved as a result of this program; public improvements being completed by private owners through no debt obligation being incurred on the part of the city, and allowing applicants an opportunity to improve properties which generate sales activities, which improvements make those properties more competitive in the marketplace and further provide to the applicant additional contingent sources of revenues for upgrading such properties. The city council specifically finds and determines that creation of this ESTIP is consistent with the city's powers as a home rule municipal corporation, and that exercise of such powers in the manner set forth herein is in furtherance of the public health, safety and welfare. Notwithstanding any provision hereof, the city shall never be a joint venture in any private entity or activity which participates in this ESTIP, and the city shall never be liable or responsible for any debt or obligation of any participant in ESTIP . (Ord. No. 1988-758. § 1(24-12). 5-23-88; Ore/. No. 1272. ,\'\ 1. 12-9-02) 13 EXHIBIT B Legal Description of the Property KING SOOPERS PROJECT LIMITS ~ N : • •• ...... s '/• sc:nc)'·-2• 'tk.'W em Of •t«Ar "IOC( 1/4~ e · " P"'iCt BOll, STAUrtn .,M.,.. I.S 1.'111' 0 40 80 ~ ~OlE: THIS EIHBil DOES ~.lT RIJ'!<E!>(t.T A !I WENlEC Sl.lMY -IS IIIT~D£0 LY TO DEPICT THE mACHED DESCRF'lll)~ LEGAL DESCR IPTION A PARCa Of LAND LOCATED IN n£ ~ OF SECOON 24, T3S, R69W, Of lHE 61H PRINCIPI.£ MERIDIAN, CITY Of WHEAT RIDGE, COUN'IY or JEFFERSON, STAl£ OF COLORADO DESCRIBED AS FOLlOWS: BEGINNING AT n£ SE: CORNER or SAID SE:cnON 24 Tl£NCE N 8SO 59'58" W AlONG THE SOUTH UNE OF SAil SE:cnON 24 A DISTANCE Of 122.25 FEET; THENCE N 00' 00' 02" W A DISTANCE OF 276.07 FEET TO THE POINT OF BEGINNtiG 1l£NCE Tl£ FOI.LOW1NG FOUR COURSES: 1) NBSO 59' SB"W A DISTANCE OF 350.21 Fm; 2) N()(j 00' 02"W A DISTANCE Of 223.39 Fm; 3) sag-59' 58"E A DISTANCE Of 350.21 FEET; 4) SOO" 00' Ot'E A DISTANCE Of 223.39 Fm TO Tl£ POINT OF BEGINNtiG; SAID PARCa OF LAND CONTAINS 78,233 SQUARE FEET MORE OR L£SS ~Jlc?~y 15300 1m:...__. -100 ~Wigo.COI0111 -~0 IDS.710.XII , 14 KING SOOPERS EXHIBIT B 38lH AND SHERIDAN WHEAT RIDGE CO EXHIBIT C Qualifying Public Improvement Costs Owner public improvements are designed to provide a greater product selection to benefit the community as well as exterior improvements to enhance the property. The remodel includes new paint, decorative columns, additional entrances, resulting in a pedestrian mall feel , and a new and refresh store fascia on the building. Additionally the Owner plans to add a Starbucks with outdoor patio seating, which provides customers a neighborhood gathering place within the City. Owner believes that the public improvement upgrades to this specific store will better serve the existing loyal customer base in the Wheat Ridge area, attract and entice new shoppers to this store and the shopping center, and provide public benefit to the community. The contribution of $300,000 from the City will aid in the investment of over $2.1 million in building improvements. These improvements are projected to be complete by June 30 , 2013. With the public improvements, the Owner estimates that they can maintain their loyal customer base as well as add to that customer base in subsequent years , bringing new revenue to the City and sustaining the economic viability of the site. 15 Se c . 22 -73 . -Program established. There is hereby established within the city an enhanced sales tax incentive program. (Ord. No . 1988-758, § 1{24-1), 5-23-88; Ord. No. 1272, § 1, 12-9-02) Sec . 22 -74.-Purpose. The purpose of the enhanced sales tax incentive program created by this division is to encourage the establishment and/or substantial expansion of retail sales tax generating businesses within the city , thereby stimulating the economy of and within the city, thereby providing employment for residents of the city and others , thereby further expanding the goods available for purchase and consumption by residents of the city, and further increasing the sales taxes collected by the city, wh ich increased sales tax collections will enable the city to provide expanded and improved municipal services to and for the benefit of the residents of the city, while at the same time providing public or public-related improvements at no cost , or at deferred cost , to the city and its taxpayers and residents . (Ord. No. 1988-758, § 1{24 -2), 5-23-88; Ord. No. 1272, § 1, 12-9-02) Sec . 22 -75. -Defin itio n s . The following words , terms and phrases , when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning : Enhanced sales tax shall mean the amount of sales tax collected by the city over and above a base amount negotiated by , and agreed upon by , the applicant and the city , and which amount is approved by the city council , which base amount shall never be lower than the amount of sales taxes collected by the city at the property in question in the previous twelve (12) months plus a reasonable and agreed upon percentage of antic ipated increase in sales taxes , or, in the case of a newly established bus iness , an amount which represents the good faith determination by the applicant and the city as to the amount of sales taxes which could be generated from the new business without the participation by applicant in the ESTIP created under this division . ESTIP means the enhanced sales tax incentive program created under this division . Owner or proprietor shall mean the record owner or operator of an individual business , or , in the case of a shopping center , the owner of the real property upon wh ich more than one (1) business is operated , provided that the owner (whether an individual , corporation , partnership or other entity) is the owner or less or of the individual bus inesses operated thereon . (Ord. No . 1988-758, § 1{24-3), 5-23-88 ; Ord. No. 1272, § 1, 12-9-02) Sec. 22-76. -Participation. Participation in ESTIP shall be based upon approval by the city counc il exercis ing its leg islat ive d iscretion in good faith . Any owner or proprietor of a newly established or proposed retail sales tax generating business or location , or the owner or proprietor of an existing retail sales tax generating business or location which wishes to expand substantially, may apply to the c ity for inclusion w ithin the ESTIP prov ided that the new or expanded business is reasonably likely to generate enhanced sales taxes of at least five thousand dollars ($5 ,000 .00) in the first year of operation . (Ord. No . 1988-758, § 1(24-4). 5-23-88; Ord. No. 1990-854, § 1, 11-26-90; Ord. No . 1272, § 1, 12-9-02) Attachment 3 Sec . 22-77 .-Approval of agreement ; use offunds generally. Approval by the city council of an agreement implementing this ESTIP shall entitle the successful applicant to share in enhanced sales taxes derived from applicant's property or business in an amount which shall not in any event exceed the enhanced sales taxes ; provided , however , that applicant may use such amounts only for public and/or public-related purposes such as those specified herein and which are expressly approved by the city council at the time of consideration of the application . The time period in which the enhanced sales taxes may be shared shall not commence until all public or public-related improvements are completed , and shall be limited by the city council , in its discretion , to a specified time , or until a specified amount is reached . (Ord . No . 1988-758, § 1(24 -5), 5-23-88 ; Ord. No . 2002 -1240, § 1, 1-28 -02; Ord. No . 1272 , § 1, 12 -9-02) Sec. 22-78.-Uses enumerated. The uses to which the shared enhanced sales taxes may be put by an applicant shall be strictly limited to those which are public or public-related in nature. For the purposes of this division, public or public-related purposes shall mean public improvements, including but not limited to streets , sidewalks, curbs, gutters, pedestrian malls , street lights , drainage facilities, landscaping, decorative structures , statuaries , fountains , identification signs , traffic safety devices , bicycle paths, off-street parking facilities , benches , restrooms , information booths , public meeting facilities , and all necessary, incidental , and appurtenant structures and improvements , together with the relocation and improvement of existing utility lines, and any other improvements of a similar nature which are specifically approved by the city council upon the city council's finding that said improvement are public or public-related improvements , and that such improvements shall enhance the competitive position of the applicant within the Denver metropolitan area marketplace. (Ord. No . 1988-758 , § 1 (24 -6), 5-2 3-88; Ord. No . 1272, § 1, 12 -9-02) Sec. 22-79. -Increments, sharing of funds. The base figure for sales taxes shall be divided into twelve (12) monthly increments, which increments are subject to agreement between the parties, and approval by the city council , and which increments shall be reasonably related to the average monthly performance of the business or property in question, or similar businesses in the area (i.e. adjust for seasonal variations). If in any month the agreed upon figure is not meet by applicant so as to create enhanced sales tax for that month, no funds shall be shared with applicant for that month , and no increment shall be shared until that deficit , and any other cumulative deficit , has been met , so that at the end of any twelve-month cycle , funds in excess of those enhanced sales taxes agreed to be shared shall not have been shared with any applicant. (Ord . No . 1988 -758 , § 1(24 -7), 5-23-88, Ord. No . 1272, § 1, 12-9-02) Sec. 22-80 . -Revenues restricted. It is an overriding consideration and determination of the city council that existing sources of city sales tax revenues shall not be used , impaired, or otherwise affected by this enhanced sales tax incentive program. Therefore , it is hereby conclusively determined that only enhanced sales taxes generated by the properties described in an application shall be subject to division under this ESTIP . It shall be the affirmative duty of the treasurer to collect and hold all such enhanced sales taxes in a separate account apart from the sales taxes generated by and collected from the other sales tax generating uses and businesses within the city and to provide an accounting system which accomplishes the overriding purpose of this section . It is conclusively stated by the city council that this division would not be adopted or implemented but for the provisions of this section . (Ord. No . 1988-758, § 1(24-8), 5-23-88; Ord. No . 1272, § 1, 12-9-02) Sec. 22-81 . -Capital improvement fund. The one (1) percent of sales and use taxes earmarked for the capital improvement fund may be utilized in this ESTIP for public improvements so long as the same are within the meaning of the phrase capital improvements as defined in the voter approved sales tax referendum previously held within the city, and provided that the same are found and determined by the city council to be capital improvements which could be provided by the city from the capital improvement fund but for the provision of such improvements by the applicant; provided, however, that such use of capital improvement funds as part of this ESTIP shall be limited to the amount agreed pursuant to section 22-83 hereof; provided further, however, that nothing contained herein shall limit the city council in the determination to appropriate additional capital improvement funds for capital improvements affecting the property in question as a part of the city's regular appropriat ion and budget process . (Ord . No. 1988-758, § 1(24-9), 5-23-88; Ord. No . 1272, § 1, 12-9-02) Sec. 22-82 .-Criteria for approval of application . Approval of an application for inclusion in this ESTIP shall be given by the city council, at a public hearing held as a portion of a regularly scheduled city council meeting , based upon the following criteria : ( 1) (2) (3) (4) (5) (6) The amount of enhanced sales taxes which are reasonably to be anticipated to be derived by the city through the expanded or new retail sales tax generating business; The public benefits which are provided by the applicant through public works, public improvements, additional employment for city residents , etc .; The amount of expenditures which may be deferred by the city based upon public improvements to be completed by the applicant; The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the city; The agreement required by section 22-83 having been reached , which agreement shall contain and conform to all requirements of section 22-83 Approval shall be by motion adopted by a majority of the entire city council. (Ord . No. 1988-758 , § 1(24 -10), 5-23 -88 ; Ord. No . 1272, § 1, 12-9-02) Sec. 22-83 . -Agreement required. Each application for approval submitted to the city council shall be subject to approval by the council solely on its own merits. Approval of an application shall require that an agreement be executed by the owner and the city, which agreement shall, at a minimum , contain : {1) A list of those public or public-related improvements which justify applicant's approval , and the amount which shall be spent on such improvements; (2) (3) (4) (5) (6) (7) (8) (9) The maximum amount of enhanced sales taxes to be shared, and the maximum time during which the agreement shall continue, it being expressly understood that any such agreement shall expire and be of no further force and effect upon the occurrence of the earlier to be reached of the maximum time of the agreement (whether or not the maximum amount to be shared has been reached) or the maximum amount to be shared (whether or not the maximum time set forth has expired); A statement that this is a personal agreement which is not transferable and which does not run with the land; That this agreement shall never constitute a debt or obligation of the city within any constitutional or statutory provision; The base amount which is agreed upon by month, and the fact that if , in any month as specified, sales taxes received from the property do not at least equal such amount, that there shall be no sharing of funds for such month; The base amount shall be agreed upon which shall consider the historic level of sales at the property in question , or a similar property within the area in the event of a new business, and a reasonable allowance for increased sales due to the improvements and upgrades completed as a result of inclusion within this program ; A provision that any enhanced sales taxes subject to sharing shall be escrowed in the event there is a legal challenge to this enhanced sales tax incentive program or the approval of any application therefor ; An affirmative statement that the obligations, benefits , and/or provisions of this agreement may not be assigned in whole or in any part without the expressed authorization of the city council, and further that no third party shall be entitled to rely upon or enforce any provision hereof; Any other provisions agreed upon by the parties and approved by the city council. (Ord . No . 1988-758 , § 1{24-11), 5-23-88; Ord. No . 1272, § 1, 12-9-02) Sec . 22-84. -Joint venture; liability. The city council has enacted this ESTIP as a joint benefit to the public at large and to private owners for the purposes of providing the city with increased sales tax revenues generated upon and by properties improved as a result of this program ; public improvements being completed by private owners through no debt obligation being incurred on the part of the city , and allowing applicants an opportunity to improve properties which generate sales activities , which improvements make those properties more competitive in the marketplace and further provide to the applicant additional contingent sources of revenues for upgrading such properties. The city council specifically finds and determines that creation of this ESTIP is consistent with the city's powers as a home rule municipal corporation , and that exercise of such powers in the manner set forth herein is in furtherance of the public health , safety and welfare . Notwithstanding any provision hereof , the city shall never be a joint venture in any private entity or activity wh ich participates in this ESTIP , and the city shall never be liable or respons ible for any debt or obligation of any participant in ESTIP. (Ord. No. 1988-758, § 1(24-12), 5-23-88; Ord. No. 1272, § 1, 12-9-02) ~ i ~ ... ~ ., City of ?WheatRi._dge ITEM NO: t-t. DATE: June 25 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 31-2012-A RESOLUTION APPROVING AN INTERGOVERNMENTAL JOINT COOPERATION AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE REGARDING THE FORMATION OF A HOME CONSORTIUM BETWEEN JEFFERSON COUNTY AND THE CITY OF LAKEWOOD 0 PUBLIC HEARING 0 BIDS/MOTIONS [g] RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING 0 YES City Manager Jefferson County and the City of Lakewood desire to create a HOME Consortium to pool their federal HOME funds. Combining the funds potentially makes more money available for projects in the Urban County. The approximate amount of pooled funds that would be available in 2013 is $700,000 to $800 ,000. Lakewood would first be given the opportunity to identify a project within their City limits using their share of the combined amount. If within a certain period of time they are unable to identify an eligible project, Lakewood's portion of the funding would be available for use in the Urban County. This essentially doubles the amount of HOME funds available for projects in the Urban County since the County currently receives approximately $300,000 and the City of Lakewood receives about $400,000. In order to form the HOME Consortium , the Department of Housing and Urban Development (HUD) is requiring the execution of an Intergovernmental Agreement (IGA) between Jefferson County and Wheat Ridge since Wheat Ridge is a part of the Urban County. The IGA must be signed by the Mayor and a resolution passed giving the Mayor authority to sign the IGA. A copy of the IGA is attached. Council Action Form June 25 2012 Page 2 .. PRIOR ACTION: This items was discussed at the June 4 , 2011 City Council Study Session with direction given to staff to move forward with a resolution authorizing the IGA. FINANCIAL IMPACT: The HOME Consortiwn would require no funding from the City. Under the Consortium, there is the potential for additional HOME funds to be available to the Urban County including the City of Wheat Ridge for eligible housing projects. BACKGROUND: The federal government makes funds available to local governments for assistance with affordable housing through a program entitled HOME. HOME funds are to be used to assist low to moderate income persons with housing needs. The funds can be used for new construction, rehabilitation, acquisition of housing, assistance to homebuyers and tenant based rental assistance. These funds are distributed to cities with a population of at least 50 ,000 and to urban counties with a population of at least 200 ,000. The amount of funding received is dependent on the percentage oflow to moderate income people in the community per regulations ofHUD. Jefferson County and the City of Lakewood both receive HOME funds based on their respective populations. Each entity has received their own separate allocations for expenditure on qualified projects within the boundaries of the City of Lakewood or within the boundaries of the Jefferson Urban County. The Jefferson Urban County includes the cities of Wheat Ridge , Golden , Edgewater, the towns of Lakeside and Mountain View and the incorporated portions of the County. The City of Wheat Ridge participates as part of the Urban County through an IGA with Jefferson County which makes the City eligible to receive HOME as wel1 as Community Development Block Grant (CDBG) funds. The HOME Consortium would initially be in place for the grant years of2013 through 2015. The Consortium would be automatically renewed for participation for successive three year periods unless a party provides notice they no longer wish to participate in a new qualification period . Jefferson County would be responsible for the administration and financial reporting of the funds and will retain I 0% to cover administrative costs. The annual identification of HOME projects for the Urban County will continue as practiced with county staff soliciting proposals from partners throughout the county and presenting eligible projects to the Community Development Advisory Board (CDAB) for review and approval. The CDBG funds currently received by Jefferson County will continue to be limited for use in the cities of Wheat Ridge, Edgewater and Golden, the towns of Mountain View and Lakeside and unincorporated Jefferson County. The City of Lakewood would not have access to the CDBG funds Jefferson County currently receives. Council Action Form June 25 2012 Page 3 RECOMMENDATIONS: Staff recommends approval of the IGA concerning the Jefferson County and City of Lakewood HOME Consortium. RECOMMENDED MOTION: "I move to approve Resolution No. 31-2012 , a resolution authorizing approval ofthe Intergovernmental Joint Cooperation Agreement between Jefferson County and the City of Wheat Ridge regarding the formation of a HOME Consortium between Jefferson County and the City of Lakewood." Or, "I move to postpone indefinitely Resolution No. 31-2012, an Intergovernmental Joint Cooperation Agreement between Jefferson County and the City of Wheat Ridge regarding the formation of a HOME Consortium between Jefferson County and the City of Lakewood for the following reason(s) " REPORT PREPARED/REVIEWED BY: Sally Payne, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 31-2012 2. Intergovernmental Joint Cooperation Agreement between Jefferson County and the City of Wheat Ridge TITLE: CITY OF WHEAT RIDGE CITY COUNCIL RESOLUTION NO. 31 Series 2012 A RESOLUTION APPROVING AN INTERGOVERNMENTAL JOINT COOPERATION AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE REGARDING THE FORMATION OF A HOME CONSORTIUM BETWEEN JEFFERSON COUNTY AND THE CITY OF LAKEWOOD WHEREAS , pursuant to the Housing and Community Development Act of 1974, as amended, 42 U.S.C. 5301 , et. Seq. (the Act), the U.S. Department of Housing and Urban Development (HUD) administers a wide range oflocal housing and community development activities and programs under Title 1 of the Act; and WHEREAS , the primary objective of Title 1 of the Act is the development of viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities principally for persons of low to moderate income; and WHEREAS , to further this objective, HUD provides funds to local governments to conduct and administer housing activities and projects ; and WHEREAS , HUD has made a determination that Jefferson County is an Urban County and as such is eligible to qualify and receive funds from HUD by annual grant agreement; and WHEREAS, the City of Wheat Ridge can participate in Jefferson County's HOME and Community Development Block Grant Programs by entering into an Intergovernmental Agreement between the County and other municipalities and towns within the County who wish to become Participating Jurisdictions; and WHEREAS , the City of Wheat Ridge is a party to that certain Intergovernmental Agreement, dated on or about May 25 , 2011 , between the City and Jefferson County, Colorado , which agreement concerns the City's participation in the County-administered HOME and Community Development Block Grant Programs; and WHEREAS , the Agreement sets out the purposes, powers, rights and obligations and the financial and other responsibilities of the Parties thereto ; and WHEREAS, H UD has made determination that the City of Lakewood is an entitlement community and as such is eligible to qualify and rece ive funds from HUD b y annual agreeme nt; and Attachment 1 WHEREAS , Jefferson County and the City of Lakewood desire to create a HOME Consortium to pool their HOME funds , thereby potentially making more funds available to the Urban County; and WHEREAS , HUD requires the City of Wheat Ridge and Jefferson County to enter into an Intergovernmental Joint Cooperation Agreement concerning the allocation and expenditure of the funds through the HOME Consortium ; and WHEREAS , the Parties have collectively and separately determined that it will be mutually beneficial and in the public interest of the Parties to enter into the above- referenced Agreement regarding the administration of the HOME Consortium. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofWheat Ridge, Colorado, as follows: 1. The Intergovernmental Joint Cooperation Agreement between the City of Wheat Ridge and Jefferson County concerning the creation of a HOME Consortium between Jefferson County and the City of Lakewood , a copy of which is attached hereto as Exhibit A is hereby approved by the City Council ofthe City of Wheat Ridge, Colorado. 2. The Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the City. 3. This Resolution shall take effect immediately. DONE AND RESOLVED THIS 25 th day of June 2012. Jerry DiTullio , Mayor ATTEST : Janelle Shaver, City Clerk INTERGOVERNMENTAL JOINT COOPERATION AGREEMENT AND HOME CONSORTIUM AGREEMENT BETWEEN JEFFERSON COUNTY, COLORADO AND CITY OF WHEAT RIDGE, COLORADO RELATING TO THE CONDUCT OF HOME INVESTMENT PARTNERSHIPS PROGRAM FOR GRANT YEARS 2013 THROUGH 2015 THIS AGREEMENT is entered into and shall be effective as of June I , 2013, by and between Jefferson County. Colorado (the ··county'"), a body corporate and politic of the State of Colorado, and the City of Wheat Ridge (the "City'"), a municipal corporation of the State of Colorado located in Jefferson County. REC ITALS A. In 1974 the U.S . Congress enacted the Housing and Community Development Act of 1974, as since amended ( 42 U.S.C. 530 I et seq.) ("'HCDA"), permitting and providing for the participation of the United States government in a w ide range of local housing and community development activities and programs under Titl e I of HCDA which activities and programs are administered by the U.S. Department of Housing and Urban Development ('"HUD'"); and the Home Investment Partnerships Program ("'HOME") was enacted under Title II ( 42 U.S.C. 1270 1-12839) of the Cranston-Gonzalez National Affordable Housing Act ("NAHA") which activities and programs are administered by HUD: B. The primary objective ofTitle I ofHCDA is the development of viable urban communities. by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and the primary objective of the HOME program is to expand the supply of decent, safe, sanitary and affordable housing for low and moderate income Americans. These objectives are to be accomplished by the federal government providing financial assistance pursuant to HCDA and NAHA in the form of HOME funds to the state and local governments to be used in the conduct and administration of housing and community development activities and projects as contemplated by the primary objectives of the HOME Program; C. To implement the policies, objectives and other provisions ofHCDA and NAHA. HUD has issued rules and regulations governing the conduct of Community Development Block Grant ("CDBG") programs, published in 24 Code of Federal Regulations (CFR), Part 570 (the '·Regulations"), which regulations provide that a county may qualify as an .. urban county". as defined in Section 570.3 of the regulations, and thereby become eligible to receive entitlement grants from HUD for the conduct of CDBG and HOME Programs as an urban county and a lso in 24 CFR. Part 92, governing the HOME program. which regulations provide that an urban county may form a consortium with a metropolitan city within the county, as outlined in Section 92.10 I , and that a metropolitan city that qualifies for a separate entitlement grant may be included as a part of the urban county and HOME consortium by entering into a cooperation and consortium agreement with the urban county in accordance with the requirements ofthe Regulations; D. The County has heretofore qualified under the Regulations as an "urban county'· and will receive HOME funds from HUD by annual grant agreement, and the City of Wheat Ridge, the City of Golden, the City of Edgewater, the Town of Mountain View and the Town of Lakeside have entered into an Intergovernmental Cooperation Agreement (the ·'CDBG Cooperative Agreement'") with the County making the cities and towns identified above eligible to participate in the HOME consortium. The City of Lakewood. as a HUD entitlement community, and a metropolitan city will be included as a participant in the HOME Consortium; Attachment 2 E. In 1981 , and again since then. I-IUD amended the Regulations, pursuant to amendments ofHCDA, revising the qualification period for urban counties by providing that the qualifications by I-IUD of an urban county and/or HOME consortium shall remain effective for three successive grant years regardless of changes in its population during that period, except for failure of an urban county to receive a grant during any year of that period. and also providing that during the three year period of qualification. no included city or other unit of general local government may withdraw or be removed from the urban county or HOME consortium for HUD's grant computation purposes, and no city or other unit of general local government covering an additional area may be added to the urban county during that three-year period except in the case where a city or other unit loses it designation as a metropolitan city: however. the HOME consortium may add members during the three year qualification period at the discretion of the lead entity through the execution of a consortium agreement ; F. In 2012, the County is submitting to I-IUD the required documentation to qualify as an urban county. including the Consolidated Plan and the One Year Action Plan. pursuant to Section 570.307 of the regulations. so as to become eligible to receive annual HOME funds for the next three Program Years from Grant Years 2013.2014. and 2015 appropriations, and if the City approves and authorizes this Agreement for a HOME Consortium (the ·'HOME Consortium Agreemenf'). an executed copy thereof will be included in the documentation for this ensuing period of qualification and. if the County qualifies. the City will thereby be included as a part of the urban county and HOME consortium and be eligible to participate in the County"s HOME Programs for the next three Program Years: G. The County recognizes and understands that it does not have independent legal authority to conduct community development and housing assistance activities within the boundaries of the City and therefore. its ability to conduct the HOME Program in the City is limited by the requirement that it must obtain permission from the City to perform activitie therein. and accordingly. in order for the City to be considered a part of the urban county and HOME consortium and be included in the County"s annual request to HUD for HOME funds. it is required by the regulations for HOME consortiums that the City and the County enter into a cooperation agreement whereby the City authorizes the County to undertake or to assist in undertaking essential community development and housing assistance activities within the City as may be specified in the .. Consolidated Plan·· to be submitted to I-IUD annually by the County to receive its annual HOME entitlement grant; H. Under general provisions of Colorado law governing contracting between governmental entities and by virtue of specific authority granted in Part. 2 of Article I of Title 29 , C.R.S .. any two or more political subdivisions of the state may enter into agreements with one another for joint cooperative action and any one or more political subdivisions may contract with another or with a legal or administrative entity created pursuant to that act to perform any governmental service. activity or undertaking which each political subdivision entering into the contract is authorized by law to perform, and I. Accordingly, the parties hereto have determined that it will be mutually beneficial and in the public interest of both parties to enter into this intergovernmental agreement regarding the conduct of the County's HOME Programs, THEREFORE, in consideration of the premi es and cooperative actions contemplated hereunder. the parties agree as follows: I. By entering into this intergovernmental joint cooperation agreement with the County ("'HOME Consortium Agreement"). the City shall be included as a part of Jefferson County"s HOME consortium for qualification and grant calculation purposes upon the qualification by HUD of the County to receive HOME Progran1 entitlements as a HOME consortium for the next three successive Program Years, June I. 20 13 through May 3 I. 2016 . 2. As required by the Consolidated Plan final rule. 24 CRF Part 91. the I·IOME consortium is on the same program year as the urban county CDBG program. June I through May 31. As provided in ection 2 92.10 I of the Regulations, the qualification of the County as a HOME consortium shall remain effective for the next three successive grant years. June I, 2013 through May 31 , 2016, regardless of changes in its population during that period of time and the Parties agree that the City may not withdraw from nor be removed from inclusion in the HOME consortium during the period of qualification. 3. A fully executed copy of this HOME Consortium Agreement. together with the approving resolutions of both the City and the County, shall be submitted to HUD by the County as part of its qualification documentation and the City does hereby give the County the authority to carry out HOME Program activities and projects which will be funded from annual HOME funds from grant years 20 13 ,2014 , and 2015 appropriations and from any Program income generated from the expenditures of those funds . 4. The City and the County agree to , and shall cooperate in the preparation of detailed HOME Progran1 activities and projects to be conducted or performed in the City during each of the three program years covered by this HOME Consortium Agreement and these finalized activities and projects will be included in the County's Consolidated Plan and requests for funds for those program years. The city understands and agrees, however, that the County shall have final responsibility for selecting the program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis. 5. The parties recognize and understand that the County, as a qualified HOME recipient and urban county, will be the lead entity required to execute all grant agreements received from HUD pursuant to the County 's annual request for HOME Program funds and that as the lead entity it assumes overall responsibility for ensuring that the consortium 's HOME Program is carried out in compliance with the requirements of the HOME program , including requirements concerning the Consolidated Plan . Further, the County, as lead entity. will to the extent required by HUD , be the responsible entity under such grant agreements for the overall administration and performance of the HOME programs. including the projects and activities conducted within the City. Accordingly, the City agrees that as to all projects and activities performed or conducted in the City under any HOME grant agreement, which includes the City, that the County shall have the ultimate supervisory and administrative control and compliance responsibility. 6. The City shall cooperate fully with the County in all HOME Program efforts planned and performed hereunder and does hereby allow and permit the County to undertake or assist in undertaking essential community development and housing assistance activities within the City as may be approved and authorized in the County 's agreements, including the Consolidated Plan. The City and the County also agree to cooperate to undertake or assist in undertaking, community development housing assistance activities for the HOME Program , as they may be planned and specified in the County's Consolidated Plan submitted annually to HUD for the three Program years specified herein and for such additional time as may be required for the expenditure HOME funds granted by the County for such activities . 7. The County, as the lead entity, is authorized to act in a representative capacity as the lead entity for all members of the consortium for the purposes of administering the HOME Program . The County will accept project recommendations from all HOME consortium members , but reserves the right to make final funding decisions based upon the recommended projects. 8. The HOME funds will be disbursed so that no less than forty-seven percent (47%) of the annual HOME Consortium allocation be reserved for projects located within the boundaries of the Urban County ("Urban County Percentage'') and no less than fifty -th ree percent (53%) of the annual HOM E Consortium allocation be reserved for projects located within the boundaries of the City of Lakewood (''Lakewood Percentage"). Projects located outside of the City of Lakewood boundaries will not utilize any portion of the Lakewood Percentage unless first approved by the City of Lakewood or unless Lakewood has not designated projects as provided below. Projects located within the City of Lakewood boundaries will not utilize any portion of the Urban County Percentage unless first 3 approved by the County on behalf of all HOME consortium members. If Lakewood does not identify in writing the projects e li gible for payment from the Lakewood Percentage within one (I) year from the date of an award, the County shall have the authority to reallocate any portion of the Lakewood Percentage not designated for a specific e li gible project for use for any project within or without the Lakewood boundaries as deemed appropriate by the County. HOME Consortium members will revisit the disbursement percentages at the time of the automatic renewal of this HOME Consortium Agreement and reserve the right to amend the Agreement to include percentages reflecting updated and current demographic data. 9. For the City of Lakewood ("·Lakewood'") he HOME funds may be accessed by the Lakewood in two ways: Lakewood may approve a project or activity, carried out by a third entity, as appropriate for the needs of Lakewood. and endorse the application. or; Lakewood may originate a grant or loan request on it own behalf for an eligible project or activity. If the City applies for HOME funds itself, then the provisions in paragraphs 10 and II apply and the City shall comply with all other provisions of this HOME Con onium Agreement. For example. if the City opts to create an eligible homeowners rehabilitation program , the City would be subject to the same requirements as a subrecipient, including a written agreement. If th e City approves or endorses a third party application. then the City"s continuing participation in the project or activity is not required. 10 . Pursuant to 24 CFR 92 .504. the City is subject to the same requirements applicable to subrecipients. including the requirement of a written agreement as set forth in 24 CRF 92.504 . II. The City understands that pursuant to Section 92.504 of the Regulations, it will be necessary for the City to enter into separate project agreements or sub-grants in wri tin g with the County with respect to the actual conduct of the projects and activities approved for performance by the City for the three HOME Program years covered be the cooperation agreement and that the funds designated in the County's Consolidated Plan for those projects and activities will also be funded to the City under those separate project agreements or sub-grants . Subject to the provisions of Paragraph 5 above , the City will administer and control the performance of the projects and activities specified in those separate project agreements. and will be responsible for the expenditure of the funds allocated for each such project or activity and will conduct and perform the projects and activities in compliance with the Regulations and all other applicable federal laws and requirements relating to the HOME Program. 12 . All HOME Program funds that are approved by I-IUD for expenditure under the County's grant agreements for the three Program years covered by this Agreement, including those that are identified for projects and activities in the City, will be budgeted and allocated to the specific projects and activities described and listed in the County"s Consolidated Plan and One Year Action Plan to the Consolidated Plan submitted annually to I-IUD and those allocated funds shall be used and expended only for the projects or activities to which the funds are identified. No project or activity nor the amount allocated therefore may be changed , modified , substituted or deleted by the City with respect to any project of activity without the prior written approval of the County and the approval of I-IUD when that approval is required by the regulations . 13 . Because the City will be included as part of the HOME consortium for the three Program Years covered by this Cooperation Agreement , the City will do all things that are appropriate and required of it to comply with the applicable provisions of the grant agreements received by the County from I-IUD in which the City is included. and with the provisions of HCDA and NAHA and all Rules and Regulations, guidelines, circulars. and other requisites promulgated by the various federal departments. agencies, administrations and commissions relating to the HOME Program. In addition , the City and the County shall each take all actions necessary to assure compliance with the certification required of the County by Section I 04(b) of Title I of HCDA including the National Environmental Policy Act of 1969 , Title VI of the Civi l Rights Act of 1964. Title VIII of the Civil Rights Act of 1968. the Fair Housing Act, Section I 09 of Title I of HCDA and other laws applicable to the conduct of the HOME and Program . In addition. the parties hereto understand and agree that the County may not provide any HOME funding for activities in , or in upport of. the City if the City does not affirmatively further fair 4 housing within its jurisdiction or impedes the County's actions to comply with its fair housing certification. 14. During the period of performance of this HOME Consortium Agreement, as provided in Paragraph 18 below, the City shall : (a) Inform the County of any income generated by the expenditure of HOME Program funds received by the City; (b) Pay over to the County any Program Income received by the City, or retain and use that Program Income subject to, and in accordance with , the requirements and provisions of the separate HOME project agreements that will be entered into between the City and the County for the actual conduct of the HOME Program ; (c) Use any Program Income the City is authorized by the County to retain only for eligible activities in accordance with all HOME Program requirements as may then apply and as will be specifically provided for in the separate project agreements between the City and the County; (d) Keep appropriate records regarding the receipt of, use of, or disposition of all Program Income and make reports therein to the County as will be required under the separate project agreements between the City and the County, and (e) Pay over to the County any Program Income that may be on hand in the event of close-out or change in status of the City or that may be received subsequent to the close-out or change in status as will be provided for in the separate project agreements mentioned above. I 5. The separate project agreements or sub-grant agreements that will be entered into between the County and the City for the conduct of the HOME Program. as mentioned and referred to elsewhere in this agreement, shall include provisions setting forth the standards which shall apply to any real property acquired or improved by the City, in whole or in part, using HOME Program Funds. These standards will require the City to: (a) NotifY the County in a timely manner of any modification or change in the use of that property from that which was planned at the time of acquisition or improvement and this notice requirement shall include any disposition of such property. (b) Reimburse the County in an amount equal to the current fair market value of property acquired or improved with HOME funds (less any portion thereof attributable to expenditures of non-HOME funds) that is sold or transferred for a use which does not qualifY under the Regulations, and (c) Pay over to the County any Program Income that is generated from the disposition or transfer of property either prior to , or subsequent to , any close-out. change of status or termination of this HOME Consortium Agreement that is applicable. 16. The City. by execution of this HOME Consortium Agreement understands that it may not participate in a HOME consortium except through the urban county, regardless of whether the urban county receives a HOME formula allocation. The City may, however, apply for State HOME funds . I 7. The County shall, in accordance with the applicable requirements of24 C.F .R. Part 92. collect an administrative fee for the performance of its duties administering the HOME program, pursuant to this agreement. In no event shall the administrative fee exceed ten percent (I 0%) of the overall annual HOME allocation. The County can elect to enter into an annual agreement with the City if the City and County mutually agree the City will perform administrative functions relating to the HOME program. 5 In this occurrence the City would be subject to the same requirements as a subrecipient, including a written agreement and adherence to all HOME rules and regulations . 18 . The period of performance ofthis HOME Consortium Agreement shall cover three HOME Program years consisting of the County·s 1", 2"d. and 3'd Program years from this HOME Consortium Agreement , beginning June I. 2013 and ending May 31 , 20 16 (and subsequent 3 year terms for any renewal periods). The HOME and CDBG program years are the same. as is required . As stated herein . however, the HOME Consortium Agreement in its initial period of performance is intended to cover activities to be carried out with annual HOME Consortium funds from grant year 2013 , 2014 , and 2015 appropriations (and the following three grant years for each subsequent renewal period) and shall be and remain in full force and effect until all projects and activities approved and authorized to be performed and funded for those grant years have been completed and any program income earned has been remitted to the County or used by the City in accordance with the criteria described in paragraph 13 and the projects authorized in separate project agreements or sub-grant agreements shall have met all affordability requirements . 19 . This HOME Consortium Agreement will be automatically renewed for participation for successive three (3) year qualification periods. unless a party provides written notice to the other party that it elects not to participate in a new qualification period . The written notice should be provided a minimum of 60 days prior to the deadline for automatic renewal. The party terminating this HOME Consortium Agreement must notify the other party in writing of the election of its right not to participate and termination of this HOME Consortium Agreement. A copy of the notification must be sent to both the other party and the HUD Region 8 field office by the party electing not to participate . Notices and responses must be sent according to the schedule specified in HUD"s HOME consortia qualification notice and the urban county qualification notice for the next qualification period . The County will notify the City in writing of the City"s right to make an election to tenninate this HOME Consortium Agreement. A copy of the County 's notification must be sent to the HUD field office by the date specified in the HUD 's HOME consortia qualification notice and the urban county qualification notice for the next qualification period. Each party hereby agrees to adopt any amendment to this HOME Consortium Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in the HOME consortia qualification notice and the urban county qualification notice applicable for a subsequent three-year HOME consortia and urban county qualification period , and to submit such amendment to HUD . Failure to comply with this provision and to submit the amendment to the HUD field office will void the automatic renewal for such qualification period . If a new member is added for the first year of a new qualification period . the automatic renewal clause for the next term shall not apply and a new con ortium agreement. signed by all members. shall be required to continue the HOME Consortium with all the parties . The new consortium agreement may contain automatic renewal provisions for subsequent qualification periods. 20. Each HOME consortium member agrees to affirmatively further fair housing. 21. Pursuant to the provisions of 24 C.F.R. § 91.225 the City has adopted and is enforcing the following policies: (a) Prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations , and ; (b) Enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction. 6 22. Any changes and modifications to this Agreement shall be made in writing and shall be executed by both parties. except as provided in 23 c) below, prior to the performance of any work or activity involved in the change and be approved by HUD, if necessary. to comply with the Regulations . 23. (a) This HOME Consortium Agreement shall be and remain in force and effect for the period of performance specified in Paragraph 18 hereof and. when the County has been qualified by HUD as a HOME consortium and urban county, neither the County nor the City may terminate this HOME Consortium Agreement or withdraw there from during that period of performance . (b) During the three Program Years for which the County has qualified, the parties agree not to veto or otherwise obstruct the implementation of the approved Consolidated Plan during that three year period and for such additional time as may be required for the expenditure of funds granted for that period. (c) The County is authorized to amend this HOME Consortium Agreement for the purpose of adding new members to the Consortium on behalf of the entire consortium. The County may enter into an agreement with a new member to add the new member and bind them to the same terms as set forth in this HOME Consortium Agreement., 24. The parties agree to maintain a complete set of books and records that account for the HOME monies and the supervision and administration of the HOME Programs. The parties agree that they will provide access to these books and records to each other and to HUD, as necessary or requested , to confirm compliance with Federal laws and regulations . 25. This HOME Consortium Agreement and the rights and duties of the partie s shall be interpreted in accordance with the laws of the State of Colorado applicable to contracts made and to be performed entirely within the state. 26. The courts of the State of Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising hereunder. 27 . Venue for any and all legal actions arising hereunder shall lie in the District Court in and for the County of Jefferson. State of Colorado. 28. No member or employee of the City or County government. commiSSIOners , city council persons or individual elected officers shall receive any share or part of this Agreement or an y benefit that may arise therefrom . ATIACHMENTS: Jefferson County. Colorado 2010-2014 Five-Year Community Development Consolidated Plan Including the 2012 One Year Action Plan to the 2010-2014 Consolidated Plan 7 IN WITNESS WHEREOF , the parties hereto have caused this agreement to be duly authorized and executed by each on the date specified as follows : JEFFERSO COUNTY. COLORADO By : ~-=---:---=---:--=--:----­Donald Rosier, Board Chair Board of County Commissioners ATTEST : By:----------- Clerk to the Board of County Commissioners Approved as to form : By~-~-~------­ Assistant County Attorney CITY OF WHEAT RIDGE , COLORADO By:------------ Jerry DiTullio. Mayor City of Wheat Ridge Reviewed :_:--::-:::::------- City Attorney"s Office ATTE T : By:~~----------­ City Clerk 8 ITEM NO:~ ~~4., •• .-City of • JP'WheatR!_dge DATE: June 25 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE RFP-12-07 INSURANCE BROKER SERVICES TO INSURANCE MANAGEMENT ASSOCIATES, INC. (IMA) OF COLORADO ON A COMMISSION-BASED AGREEMENT IN THE TOTAL AMOUNT OF $72,000 0 PUBLIC HEARING [gl BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES [gl NO For our employee insurance benefits , the City contracts with a brokerage firm to provide the following services: review benefit contracts ; solicit and negotiate rates for benefit plans in coordination with Human Resources ; provide updated information and changes in regulations concerning benefits provided to public employees ; evaluate and underwrite data for any changes in benefit plans ; counsel , advise and make recommendations to the Administrative Services Department/Human Resources concerning various applicable issues ; and , act as liaison to insurers when service problems occur. Commissions are generated from the insurance prem iums paid by the City and its employees. The contract with the current brokerage firm expires in August of2012. PRIOR ACTION: Council approved award ofRFP-07-08 Insurance Broker Services to Insurance Management Associates , Inc. (IMA) on June 11 , 2007. Options to renew have been exercised on an annual basis . Council Action Form June 25,2012 Page2 . ~. FINANCIAL IMPACT: The City's insurance broker works on behalf of the City to negotiate the best possible rates for our insurance benefits. There is no financial impact with approval of this recommended award because this is a commission-based agreement and commissions are generated from the premiums paid by the City and it's employees. BACKGROUND: In accordance with procurement and contracting best-practice and current bid guidelines, the City initiated a Request for Proposal (RFP) process. Eight brokerage firms submitted written proposals. After careful screening of the proposals the evaluation committee conducted a panel interview with the firm that unanimously received the highest individual scores based on the proposed evaluation criteria. The committee interviewed Insurance Management Associates, Inc. (IMA), the incumbent vendor, on May 30, 2012 . RECOMMENDATIONS: IMA has been proven to be very innovative and has provided state-of-the art services and customized technologies not offered by other brokers in the insurance industry. In addition, IMA provides two areas of expertise (Wellness Program guidance and Health Care Refonn preparation) that other firms do not provide or charge additional fees for services. Therefore, it is our recommendation to retain the broker services of IMA with an effective date of August 17, 2012. IMA of Colorado will continue to receive commissions from the benefit insurance companies. Commissions are generated from payment of insurance premiums paid by the City ofWheat Ridge and our employees. RECOMMENDED MOTION: "I move to award RFP-12-07 Insurance Broker Services to Insurance Management Associates, Inc. (IMA) of Colorado on a commission-based agreement in the total amount of$72,000. Or, "I move to deny the award ofRFP-12-07 Insurance Broker Services to Insurance Management Associates , Inc. (IMA) of Colorado on a commission-based agreement in the total amount of $72 ,000 for the following reason(s) --------------------" REPORT PREPARED/REVIEWED BY: Ruth Johnson , Sr. Human Resources Analyst Karen Croom, Human Resources Manager Heather Geyer, Administrative Services Director Jennifer Nellis, Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet '• City of J?W'lieat Rt_dge PROJECT: RFP-12-07 INSURANCE BROKER SERVICES DUE DATE/TIME: TUESDAY, MAY 1, 2012 BY 4 P.M. LOCAL TIME Benefits and Incentives VENDOR Group, Inc . Gallagher Benefit Services lOCATION Denver. CO Greenwood Village, CO ~-~ ~·"-{,(# •.·' '".:(~-···"} 4'·:11 .. , .• -,...~,. . ,-. -\.,•. . .. ,--'-. Jtittlr:.sJ, --·, ·-·~t .. :Z:....--~-_..,.,~w.llrl&-' ....... -.... .;....:... PROPOSER INFORMATION FORM YES YES ACKNOWLEDGEMENT OF ADDENDA (2) YES YES EXPERIENCE AND QUAliFICATIONS YES YES TECHNICAL APPROACH YES YES REFERENCES AND LOCATIONS YES YES IllEGAl ALIEN COMPLIANCE YES YES FEE SCHEDUlES YES YES Pagel of 1 - REQUESTED BY: KAREN CROOM, HUMAN RESOURCES OPENED BY: JENNIFER NELLIS, PURCHASING AGENT th WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN f ;( (; Hays Companies of Leading Edge Insurance Denver IMA,Inc. Agency Denver, CO Denver, CO Colorado Springs, CO .. -... -. -~ .. -.... .-. ~ .... , ' ... -. -;.~-~-~.:.."' .. ~-~ .JJ!~.·~ YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES Attachment 1 PROJECT: RFP-12-07 INSURANCE BROKER SERVICES DUE DATE/TIME: TUESDAY, MAY 1, 2012 BY 4 P.M. LOCAL TIME VENDOR Poms and Associates, Inc . The Segal Company LOCATION Greenwood Village, CO Greenwood Village, CO .... -,:::;;..~ .. <. jt'~:; ''1 ~~.~~;tt"~.:.-:-'--~~ .. · ·~ PROPOSER INFORMATION FORM YES YES ACKNOWLEDGEMENT OF ADDENDA (2) NOT ACKNOWLEDGED YES EXPERIENCE AND QUALIFICATIONS YES YES TECHNICAL APPROACH YES YES REFERENCES AND LOCATIONS YES YES ILLEGAL ALIEN COMPLIANCE YES YES FEE SCHEDULES YES YES Page 2 of 2 REQUESTED BY: KAREN CROOM, HUMAN RESOURCES ; " OPENED BY: JENNIFER NELLIS, PURCHASING AGENT ' WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIA~\f\ Willis of Colorado, Inc. Denver, CO f.~·'.!ti~.~.· }"f.': .;' ·.~ ~j, ~.,~.. ... ~. . · . YES NOT ACKNOWLEDGED YES YES YES YES YES ... ~4~ ... _ ~ City of • ~WheatRi_dge ITEM NO: _!l_ DATE: June 25 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO CANCEL THE STUDY SESSION OF JULY 2, 2012 D PUBLIC HEARING [8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES [8J NO City Manager ISSUE: At this time there are no items listed for the July 2 , 2012 Study Session. As this falls so close to the Fourth of July holiday, it is anticipated the attendance will be low. FINANCIAL IMPACT: None RECOMMENDATIONS: Staff recommends the cancellation of the July 2 , 2012 Study Session. RECOMMENDED MOTION: "I move to cancel the City Council Study Session scheduled for July 2, 2012. Or, "I move to maintain the regularly scheduled Study Session of July 2, 2012, for the following reason( s) " REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager