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HomeMy WebLinkAboutCouncil Packet 07/09/20126:45 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING July 9, 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 ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF June 25, 2012 PROCLAMATIONS AND CEREMONIES 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 ~ CONSENTAGENDA A. Motion to approve payment to Gordon Sign, Denver, Colorado, in the amount of $61,305 for construction and installation of park signs. B. Resolution No. 37-2012-amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $6,908.00 from the 2009 Justice Assistant Grant (JAG) C. Motion to approve payment to Portable Computer Systems, Inc. in the amount of $37,559.50 for the scheduled annual replacement of ten Panasonic Mobile Data Computers CITY COUNCIL AGENDA: July 9, 2012 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 11-2012-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 ~-Council Bill No. 07-2012-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 (Case No. WZ- 12-02/IBC Holdings) 4. Council Bill No . 08-2012 -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 No. 10-2012-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) ORDINANCES ON FIRST READING §.. Council Bill No. 12-2012-disconnecting land located in Section 15, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, from the City of Wheat Ridge Municipal Boundary (Case No . ANX-12 -01/Tomlinson Park) DECISIONS, RESOLUTIONS AND MOTIONS 7 . Resolution No. 36-2012-beginning a City-Initiated Rezoning of property located at 7750 Three Acre Lane to Mixed Use-Commercial (MU-C) Resolution No . 35-2012-beginning a City-Initiated Comprehensive Rezoning of Properties located on W. 381h Ave. approximately between Sheridan and Wadsworth to Mixed Use -Neighborhood Resolution 38-2012-approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood concerning Academy Training for Police Officer Recruits CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO June 25, 2012 Mayor DiTullio called the Regular City Council Meeting to order at 7 :00 p.m . ROLLCALL OF MEMBERS Davis Reinhart Bud Starker Joyce Jay Mike Stites George Pond Joseph DeMott Tracy Langworthy-absent 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; interested parties and interested citizens. APPROVAL OF MINUTES OF JUNE 11,2012 Motion by Mr. Stites for approval of the minutes of June 11 , 2012; seconded by Mr. Starker; carried 8-0 . PROCLAMATIONS AND CEREMONIES Mayor DiTullio began by asking for a moment of silence in honor of two police officers who made the ultimate sacrifice. Englewood Officer Jeremy Bitner and Denver Officer Celena Hollis recently died in the line of duty serving to keep their communities safe . Ann Lazzeri -Recognition Mayor DiTullio honored Ann Lazzeri , our Minutes Specialist, who is retiring after nearly 15 years with the City. She has recorded over 4 ,000 hours and taken minutes for several boards and commissions , a number of ad hoc committees, and occasionally for the City Clerk . The Mayor gave her flowers from the City . Ann thanked everyone . She said it has been fun to see all the changes in the last 15 yea rs and, as she told the Planning Commission members, she admires those who serve on the various boards and committees as volunteers. Proclamation-David Herman , 2012 Summer Olympic Games Mayor DiTullio read a proclamation i n support of Wheat Ridge resident David Herman. David , a native of Wheat Ridge , is a BMX rider and has already won a City Council Minutes June 25 , 2012 Page 2 number of impressive races and honors. He will be competing in the 2012 Olympic Games in London and we wish him well. David thanked the community for this honor and recognition. He is proud to have grown up in Wheat Ridge. The Olymics [ BMX events] are on August 7, 8, 9. Maybe he can make it back here with a gold medal. CITIZENS' RIGHT TO SPEAK Moe Keller thanked Council for allowing more time for input to the draft ordinance for amplified sound . The issue is about volume . She offered to work with businesses to craft wording that will not be contested . Laura Jenkins supports a special sound ordinance but wants protection as a homeowner. She pointed out that some businesses and their customers , in strip malls for example, may not be amenable to loud sound on a regular basis. The folks on Iris Street south of 44th Avenue feel like a guinea pig neighborhood so they think their input should be heard, and that it's important for people to hear about their experience. Steven Gillespie of the Wheat Ridge Fire District related that the 2011 annual report has been released. The onl ine version is available at www .WRFire.org . He mentioned the July 4th holiday and reminded everyone that all fireworks are illegal. Kelley Brookes, Assistant Fire Chief, spoke about the fire ban issued by the governor. We have significant areas in our city that are rural -such as the greenbelt, that are vulnerable to fire . The Governor's ban covers us, Jefferson County has a ban on open fires , and we have a ban of our own. If you have fire that you can turn on and off, such as a propane grill , it is permissible. Permanent fire places are OK; portable ones are not. John Marriott said he is dismayed about a recent ad from Jefferson County Health Department putting the screws to our City Council for not having stronger anti -smoking laws. It is a waste of taxpayer dollars . We have other health care needs that are more important. The money for the ad came from the tobacco settlement, i.e . paid for by smokers . That money was supposed to be used to help pay for the medical costs of smokers. We have better things to spend our money on . We may not agree with their choices , but it comes down to a freedom issue. It's absurd to use tax dollars to dictate to people what they can and can 't do . The anti-smoker people have the initiative process available. And he thinks that Jeffco should be using tax money wisely-not for public relations . Mrs. Jay thanked the citizens who spoke on the noise ordinance. Mr. DiTullio mentioned that the ordinance he sent to Moe Keller has new sections. The reason they moved away from the decibel level approach is because it doesn 't stand up in court. City Council Minutes June 25, 2012 Page 3 APPROVAL OF AGENDA By unanimous consent, Item 9, cancellation of the June 2 study session, was pulled from the agenda. Mayor DiTullio also reported that Items 5 & 6 were misplaced in the agenda and will be done after Item 2 so there can be a public hearing. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .1. 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. Mayor DiTullio opened the public hearing. Council Bill 09-2012 was introduced by Mr. Starker. The Clerk assigned Ordinance# 1512. At issue is how the City treats group homes. Not all group homes are treated the same. Staff Report: Ken Johnston Currently residential group homes for the elderly and children are a permitted use for 8 or fewer residents. 9 or more requires a special permit. Residential group homes for handicapped persons are a permitted use and have no restrictions on the number of residents. While handicapped persons are a protected class it is permissible, but not required, to regulate group homes through zoning and impose a limit on the number of residents. The threshold is 8 in other front range cities. The ordinance would define group homes for handicapped so they will be treated the same as other group homes. 9 or more would require a special use permit. This also provides for uniform parking regulations, eliminates the cap on caregivers, and clarifies residential substance abuse clinics. The Planning Commission recommended denial of this ordinance. Staff recommends approval. Public Comment: Nancy Snow, former Councilmember, Planning Commission member and over 24-year employee of the Colorado Civil Rights Division, is an expert on group homes. She is surprised by the urgency of this. She believes unrelated handicapped people can be a family. She gave the history of where the number of 8 residents came from. She says Lakewood's ordinance is a nightmare and the neighborhood meetings are very nasty. She doesn't want that here. Since no one knows where our group homes are and that there have been no complaints over the years, why is it a problem? She pointed out that no group homes were contacted by the City about this. They don't even know this is happening and they will become non-conforming . Parking should not be an issue City Council Minutes June 25, 2012 Page4 because these people don't even drive. She encouraged Council not to pass this, or if they do to make it a large number. Mr. Dahl affirmed that any existing homes with more than 8 residents would become a legal non-conforming use. Ken Johnstoneconfirmed that there have been no code problems with existing group homes. Mayor DiTullio closed the public hearing. Motion by Mr. Starker to approve 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, on second reading, and that it take effect 15 days after final publication, with the following condition: In Section 6 of the ordinance, in the column for uses, the word "outpatient" be added in front of "counseling"; seconded by Mr. Stites. Councilmember Reinhart doesn't care for this ordinance and doesn't want to create non-conforming uses. Since group homes have not been a problem, he wishes we would follow the planning commission recommendation. Mr. Stites thinks we need to take the neighborhoods into consideration. Ms. Davis had staff confirm that group homes must be licensed. Mr. Pond is opposed to setting a specific number because every situation is different, but he does favor a public process. Mr. DeMott relies on the state licensing process to take care of the numbers. Mayor DiTullio noted that any time there is a public hearing people will come in and fight--if it's 8 or 20. If this passes he will probably veto it. The vote was 4-3 with Councilmembers DeMott, Davis and Reinhart voting no. [Due to the lack of 5 affirmative votes the motion failed. For details see City Attorney's Matters.] 2. 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) Mayor DiTullio opened the public hearing. Resolution 09-2012 was introduced by Mrs. Jay. Quasi-judicial status was discussed. Ms. Davis reported having a discussion about 10 days ago with one of the co-owners before she knew this was quasi-judicial. Mrs. Jay reported that over 1 % years ago the property owner approached former Councilmember Sang and her and discussed this for 20 minutes. This application was submitted 2 years ago. City Council Minutes June 25, 2012 Page 5 After some discussion Mrs. Jay and Ms. Davis both chose to recuse themselves and left the room. Mayor DiTullio swore in the speakers for this item. Staff Report: Ken Johnstone showed slides of where the ATM would be located and gave a history of the current shopping center. All agencies can serve the property and Public Works and Police have no concerns. Only one person attended the neighborhood meeting, and a Jetter of protest from a citizen was passed out. Staffs evaluation of the SUP Criteria shows that it would contribute to blight, Jacks pedestrian orientation, and that the vehicular circulation will negatively impact the internal site circulation of the center. Renewal WR does not support this due to the lack of pedestrian orientation and staff recommends denial. Applicant: Applicant Joshua Higgins, feels they have done due diligence. They see most of the concerns as being cosmetic or placement related (hindering interior traffic flow), so they have relocated the kiosk, lowered the number of stacking vehicles to three, and are modifying the designs/columns to grasp the design feel of nearby streetscape features. Public Comment: Mike Scheckel of King Soopers said they are in favor of this project and don't have any problems with it. He thanked the staff for their hard work on this project over the years it took to put this together. Robert Perry and Jeff Bailey, co-owners of the shopping center since 1992, spoke. They want to upgrade the fa9ade on the building, and they need the income from this ATM to accomplish that. Following questions from Council, Mayor DiTullio closed the public hearing. Motion by Mr. DeMott to approve a special use permit for a JP Morgan Chase Bank drive-up ATM on property at 3817 Sheridan Boulevard (SUP-12-04) for the following reasons : 1 )The applicant has provided an amended proposal that blends in more with the brick of nearby streetscape amenities; 2) The centering of the ATM will aid traffic circulation; 3) Walkability is not an issue; and 4) The landscaping won't affect the signage, with the condition they adhere to the brick pattern of nearby streetscape structures; seconded by Mr. Stites; carried 4-1 with Mr. Pond voting no. The Mayor called a break at 9:12. Council reconvened at 9:20 with Mrs. Jay and Ms. Davis present. Note: The public hearings for Items 5 and Item 6 were held as one hearing. City Council Minutes June 25, 2012 Page6 §.,_ 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 with the remodel of their facility at 38th and Sheridan Boulevard 6. 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 Sou levard. Mayor DiTullio opened the public hearing. Ms . Davis introduced Items #5 and #6. Patrick Goff gave a short staff report on the business incentive package being offered to King Soopers through the Business District Zone (BDZ) program . King Soopers plans to remodel and is requesting a total financial contribution of $400,000 to demonstrate the City's desire to retain Kings at this site. The City's goals are to retain jobs, spur reinvestment and remodeling of the entire center, and keep King Soopers at that location. The negotiated agreement (provided in Resolution 32 in agenda item #5) provides that a rebate of 100% of the building use tax created by the remodeling project , not to exceed $100 ,000 , be given to King Soopers. The ESTIP (provided in Resolution 33 in agenda item #6) would give King Soopers monthly rebates of future sales tax collected by the City over and beyond the base amount of actual sales tax. Staff recommends approval as this will create new revenues for the City and extend King's commitment to the property until 2033. Mayor DiTullio closed the public hearing. Motion by Ms. Davis 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 ; seconded by Mr. DeMott; Discussion revealed that King Soopers will be required to document that the rebate money is spent properly throughout the center, and that this project will fall into the art category. Motion carried 7-0 Motion by Ms. Davis to approve the adoption of Resolution No . 33-2012 -a resolution authorizing the execution of an agreement with King Soopers, Inc. for participation in City Council Minutes June 25, 2012 Page 7 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 .; seconded by Mr. Starker; carried 7-0 . ORDINANCES ON 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 Council Bill11-2012 was introduced by Mr. DeMott. This ordinance will clean up inconsistencies that have occurred over the years on how we apply our use tax code with city projects. The wording in our code is written in such a way as to not allow exemption from use tax on construction materials and supplies/equipment for city , quasi-city and public school projects. We have been allowing this exemption for many years, but it is against current code and very confusing for diligent tax managers. Passage of this ordinance will change the code to reflect what the City is already doing. Motion by Mr. DeMott to approve 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 on first reading , order it published , public hearing set for Monday, July 9th at 7 :00p.m. in the City Council Chambers , and that it take effect 15 days after final publication ; seconded by Mr. Stities ; carried 7-0 ~. Council Bill10-2012-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) Council Bill10-2012 was introduced by Mr. Stites. This ordinance will separate approval of site specific design from the zone change criteria and procedure . This will be more efficient by establish ing the Planning Commission as the final authority for the specific development plan . Th is will allow a developer to proceed directly to the building permit stage (after approval of a specific design plan) thereby saving an additional two months and redundant reviews . Motion by Mr. Stites 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 :00 p .m. in City Council Minutes June 25, 2012 Page 8 City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Pond ; carried 7-0 . DECISIONS, RESOLUTIONS AND MOTIONS 7. 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 . Resolution No. 31-2012 was introduced by Mr. Pond . By executing an Intergovernmental Agreement (IGA) with the County and Lakewood we can all access federal money for affordable housing projects . The amount of pooled funds available in 2013 would be approximately $700,000-$800,000. Motion by Mr. Pond to approve Resolution No. 31-2012-a resolution authorizing approval of the 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 ; seconded by Mr. Stites; carried 7- 0. 8 . 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. Proposals from 8 companies were received and evaluated. Staff recommends retaining IMA of Colorado because they have been very innovative and provided state-of-the-art services and customized technologies that are not offered by other brokers in the insurance industry. Motion by Mr. Reinhart 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 ; seconded by Mrs. Jay; carried 7-0. 9 . Motion to cancel the Study Session of July 2 , 2012 [Item #9 was removed from the agenda at the beginning of the meeting.) CITY MANAGER'S MATTERS Mr. Goff repeated that all fireworks are illegal in WR and that the police have strict enforcement standards. He also was proud to announce that Wheat Ridge received a 2012 Program of Excellence award from ICMA for our Action Mission Rollout. Wheat Ridge also received an award from CIRSA for our loss prevention program . This saves us money on insurance coverage. City Council Minutes June 25, 2012 Page 9 CITY ATTORNEY'S MATTERS Mr. Dahl reported that all ordinances require affirmative votes from a majority of the entire council to pass (i.e. 5 votes). In the case of the vote earlier in the meeting on Agenda Item 1, only 4 councilmembers voted yes. While 4 is a majority of those present, it is not a majority of the entire council. Additionally, the mayor is only able to vote to break a tie, so in the case of a 4-3 vote he is not eligible to vote-possibly providing a 5th affirmative vote. Therefore Item #1, the group home ordinance, is deemed to have failed. CITY CLERK'S MATTERS Clerk Shaver reminded everyone that tomorrow is the last day to turn in primary election ballots. City Hall will be open until ?PM for those who still need to vote . ELECTED OFFICIALS' MATTERS Mr. Starker expressed gratitude to citizens who provided input tonight. Mr. Stites reported that the skate board park dedication at Discovery Park this past Saturday was fun and well-attended. With this and the water features up and running Discovery Park is finished. Ms. Davis said many of the items tonight had similar themes in that they require people to respect other people's views. She appreciated the input from neighbors on the noise ordinance. We do want to support our businesses, but also respect the neighbors. She said we need to be respectful of handicapped people who live in our community, and she agreed with Mr. Marriott that the City has more important issues to address than outlawing smoking. We need to respect the lifestyles that people choose. Overall we need to look at both sides of the coin and be respectful of others' viewpoints. Mrs. Jay said that she welcomes citizen input and hopes people feel their viewpoints are respected. Mr. Reinhart reported that RTD is taking action tomorrow night and still plans to cut service to western Wheat Ridge. He offered, and Council agreed that he should go to the RTD meeting tomorrow night and ask RTD to live up to their commitment of not cutting services to western Wheat Ridge. Mr. DeMott mentioned the Zoppe Italian Circus is coming soon with 14 performances in August. Circus Bucks, which are a $5 off coupon, are available at City Hall, the Rec Center, businesses around town, and the Carnation Festival website. Mayor DiTullio told Council that in the future it would be helpful to him if they would raise their hands so he can see that they want to speak. He also explained his actions at the study session prior to this meeting. When there are lots of people to speak on an issue he suggests that citizens appoint a spokesperson or two to address Council. This City Council Minutes June 25, 2012 Page 10 was a 30 minute study session scheduled and 10 people, using 3 minutes each, wanted to speak on the ordinance before they heard the Council discussion with staff. Asking for spokespersons is an effort to use some common sense to allow for an efficient, fair and informative process during the study session and the regular business meeting. Citizens who did not speak under the study session public comment still had an opportunity to speak under public comment during the regular business meeting that followed. In the end Council was not able to fully discuss the amplified music ordinance and now the process has been delayed. Meeting adjourned at 9:50pm. Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON July 9, 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. ... ~ '~ -4 ~ City of • ?Wheat.Ri_dge ITEM NO: __jJ) • DATE: July9, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO GORDON SIGN, DENVER, COLORADO, IN THE AMOUNT OF $61,305 FOR CONSTRUCTION AND INSTALLATION OF PARK SIGNS D PUBLIC HEARING rgj BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES City Manager The name identification and address signs located at the entrance to the parks and facilities are in need of updating. The majority of the existing signs are constructed of redwood with a routed City seal and letters. At the time the new marketing logo was approved, staff submitted a three- phase implementation plan for incorporating the logo into City signage. Park signage was included in this plan . Construction of Discovery Park initiated the process for the design of a new sign for this park as well as for signs throughout the entire parks , facilities and open space systems. Park and open space signs are in the process ofbeing replaced at all locations. New signs were installed in 2011 at Discovery Park , Johnson Park Trailhead, Paramount Park, and the Historic Park. Based on the funding available, 10 additional signs are proposed for replacement at various locations in 2012. PRIOR ACTION: On February 23 , 2010 six firms responded to a statement of qualifications. Two firms were short listed and interviewed. Based on firm capabilities , team experience, project approach , and value engineering, the design and construction contract was awarded to Gordon Sign, Denver, V :\F orms\CAF templ ate Council Action Form July 9 , 2012 Page 2 . . • • • I 1 Colorado. The contract is renewable for up to five years, with completion of the sign project by August, 2015. Funds for new signage are appropriated in the Open Space Fund 32 and General Fund program budget under Historic Buildings. FINANCIAL IMPACT: The funds for nine of the signs are appropriated in Fund 32 , the Open Space Fund, in the amount of $50,000. The cost of the Richards-Hart Estate sign is appropriated in the Historic Buildings program General Fund Budget, account 01-625 in the amount of$11 ,305. BACKGROUND: The current park sign designs have been in existence for more than 30 years and are in need of updating. The new park signs compliment the gateway sign installed at the I-70 and J(jpling interchange, providing a consistent look to identify the City. The design incorporates vandal- proof and maintenance-free materials. RECOMMENDATIONS: Staff recommends payment to Gordon Sign. RECOMMENDED MOTION: "I move to approve payment to Gordon Sign, Denver, Colorado, in the amount of$61 ,305 for construction and installation of park signs." Or, "I move to table indefinitely payment to Gordon Sign , Denver, Colorado, in the amount of $61 ,305 for construction and installation of park signs for the following reason(s) " REPORT PREPARED BY: Joyce Manwaring, Parks and Recreation Director ATTACHMENTS: 1. Park Signs Proposal 2. Richards Hart Estate sign Rendering and Proposal 3 . Additional Park Sign Renderings QUOTATION ~~,~ '""""-= ~ GORDON SIGN . ~......,_....-... ._.._ .. , .... .......,.., ... ; .. ~ ' A V•J Jal P•IX!uili (OIT'prny 2930 W. 9th Avenue. P.O. Box 40311, Denver, CO 80204-0311 (303) 629-6121 FAX (303) 629-1024 2120 Naegele Road , P.O. Box 6240, Colorado Springs, CO 80904 (719) 633-7763 FAX (719) 634-3550 1805 Pacific , Cheyenne. WY 82007 (307) 637-7446 FAX (307) 637-6609 TO: City of Wheat Ridge 9110 W . 441h AVE. Wheat Ridge, CO 80033 ATTENTION: Mark Route DATE: 6/11/12 JOB REF: Park Signs JOB LOCATION: Various WE PROPOSE TO FURNISH ALL LABOR AND MATERIAL NECESSARY TO: Fabricate and install; All Veterans' Memorial per drawing #1311; $2,952.00 Baugh House per drawing #4026; $3,978.00 Prospect Park per drawing #4030-01; $7,927.00 Lewis Meadows two (2) per drawing #4031; $6,026.00 Hayward Park per drawing #4032; $7,927.00 Anderson Park per drawing #4034; $7,927.00 Panorama Park per drawing #4036; $7,927.00 Bonnie's Park per drawing #4037; $4,895.00 GORDON SIGN'S STANDARD DEPOSIT IS 50% OF THE VALUE OF THE WORK PRICES QUO I ED ARE SUBJEC I I 0 APPLICABLE I AX, PERMITS, AND DISPOSAL FEE. ELECTRICAL FEED LINES AND THEIR CONNECTION SHALL BE BY OTHERS . DUE TO HIGHLY VOLITILE PRICES FOR RAW MATERIALS, QUOTED PRICES ARE SUBJECT TO REVISION OR REVIEW AT TIME OF CONTRACT. OUR LABOR PRICES ARE GOOD FOR 60 DAYS All material is guaranteed to be as specified. All work to be completed in a workmanshlpllke manner according to standard practices. If any electrical components owned by you are removed from your location by our employees In the course of performing the above work, a $25.00 disposal fee will be charged. Any alteration or deviation from above specifications Involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Our workers are fully covered by Workmen's Compensation Insurance. Signs left In Gordon Sign's storage yard will be disposed of after 30 days unless prior storage arrangements have been made. Venue for any legal action related to this transaction shall be the courts of the State of Colorado, and any reasonable legal fees Incurred for collection or repossession by the seller shall be paid by the purchaser. If sign Install requires asphalt or concrete to be cut, and If that work Is not part of this quote, such cutting will be charged on a time and materials basis, as will concrete or asphalt patches. This bid assumes that Gordon will have unobstructed access to work site at time of install. Waiting time or return trips will be charged to customer. Bid assumes normal soil conditions, unless we are notified otherwise. ACCEPTANCE OF PROPOSAL-The above pri ces, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work. If accepted, Gordon Sign may Invoice when the work Is "substantially complete". Payment for completed work will be made ten (10) days after delivery. A service charge of 2% per month, 24% per year, will be paid on past due balances of work completed. Presented by: GORDON SIGN A Visual Products Company By: Date: ____________ _ Account Executive: Richard Frank rfrank@gordonsign.com Accepted for : City of Wheat Ridge By: _________ _ Title Date Attachment 1 ~ 6" 7'-3 " 6'-0 " D/F Post and Panel Sign -Non Illuminated (Qty : 1 D/F) (Scale : 3/4" = 1'-0") Remove existing wooden sign at location . Fabricate and install new aluminum construction post and panel sign . Fabricated aluminum caps . Fabricated aluminum post transition detai l and aluminum reveal . Fabricated aluminum panel-2" angle frameworll with .080 " aluminum faces . 1/4"cutout aluminum logo and copy. (waterjet cut logo) Logo shape painted white with digital print graphic overtay. Stud mount flush to sign face . Letters painted white . Stud mount flush to sign lace . Ent1re s1gn painted to match existing estate colors -PMS colors to follow . Elevallon VIew Remove Exlsllng Sign ArchHeclllral Reference Photo 2930 Weat 9th Av enue . Denver, Coloredo 303-629-6121. Fax : 303 .629 .1024 . E-Mail: denverdealgnOgordonalgn .com IMPORTANT ELEC . IOTE: 1.1.. 2111 COIII'\WO ""18 '~~'l"'NS. :srn:':m.~ectm Gordon Sign Meets UL Safety Requirements Voltage: NIA (u nless othefwise specffied by dienl) File Name: Folder: Crty of Whea1 Rldge Fil e CllyOIWhea1Ridge_12160 Revis ions: A. 7/26/11 (R H) new size B. Removed Depar tment of. Account Rep . R F111n k Date: 1121 111 Drawn by: R Br&dloy Scale: NOTED Client: City of Wheat Ridge 28th and Benton Wheat Ridge , CO Client Approval: c This design is the exclusive property or Gordon Sign and csnnot be reproduced either in whole or In part without their consent. Gordon Sign w11 tndMolor 10 doMiy "*C:h ClCiktft. k'ldl.dng PMS oolors .,.._. tpeelltd. We~~ .-:1 "'*"-W.IO .....,tng ~of ...tee. n'WteNIIw.J prllnb ..c1. ~ ...... :...0 Dravving # 10-121608 GORDON SIGN N .. c I) E .c CJ ca .. .. c QUOTATION ~~~ ~ =- GORDON SIGN ...... .__. --·-.. --. -· .... ...---·~-·--. A Vu:a/l',oJt'l'> (vmpo 7y 2930 W. 9th Avenue, P.O . Box 40311, Denver, CO 80204-()311 (303) 629-6121 FAX (303) 629-1024 2120 Naegele Road , P.O. Box 6240, Colorado Spri ngs, CO 80904 (719) 633-7763 FAX (719) 634-3550 1805 Pacific, Cheyenne, WY 82007 (307) 637-7446 FAX (307) 637-6609 TO: City of Wheat Ridge 9110 W. 44th AVE. Wheat Ridge, CO 80033 ATTENTION: Julie Brisson DATE: 6/11/12 JOB REF: Richards-Hart House JOB LOCATION: 28th & Benton WE PROPOSE TO FURNISH ALL LABOR AND MATERIAL NECESSARY TO: Fabricate and install; monument sing for the Richards-Hart House per drawing #1 0-12160A. Price $11,305.00 GORDON SIGN'S 51 ANDARD DEPOSII IS 50% OF I HE VALUE OF I HE WORK PRICES QUOTED ARE SUBJECT TO APPLICABLE TAX, PERMITS, AND DISPOSAL FEE. ELECTRICAL FEED LINES AND THEIR CONNECTION SHALL BE BY OTHERS. DUE TO HIGHLY VOLITILE PRICES FOR RAW MATERIALS, QUOTED PRICES ARE SUBJECT TO REVISION OR REVIEW AT TIME OF CONTRACT. OUR LABOR PRICES ARE GOOD FOR 60 DAYS All material Is guaranteed to be as speciRed. All work to be completed In a workmanshlpllke.manner.accordlng to standard practices. If any electrical components owned by you are removed from your location by our employees In the course of performing the above work, a $25.00 disposal fee will be charged. Any alteration or deviation from above specifications Involving extra costs wlll be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Our workers are fully covered by Workmen's Compensation Insurance. Signs left In Gordon Sign's storage yard will be disposed of after 30 days unless prior storage arrangements have been made. Venue for any legal action related to this transaction shall be the courts of the State of Colorado, and any reasonable legal fees Incurred for collection or repossession by the seller shall be paid by the purchaser. If sign Install requires asphalt or concrete to be cut, and If that work Is not part of this quote, such cutting will be charged on a time and materials basis, as will concrete or asphalt patches. This bid assumes that Gordon will have unobstructed access to work site at time of Install. Waiting time or return trips will be charged to customer. Bid assumes normal soli conditions, unless we are notified otherwise. ACCEPTANCE OF PROPOSAL· The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work. If accepted, Gordon Sign may Invoice when the work Is "substantially complete". Payment for completed work will be made ten (10) days after delivery. A service charge of 2% per month, 24% per year, will be paid on past due balances of work completed. Presented by : GORDON SIGN A Visual Products Company By: Date: ____________ _ Account Executive: Richard Frank rfrank@gordonsign.com Accepted for: City of Wheat Ridge By:---------- Title Date c:,__! ____ ______,_() Plan VIew 4'-0 " --+-+-4" 0.0. steel pipe sleeve embedded in concrete footer. 2'-0 . Double Faced (Non Illuminated) display 3/4"=1'-0 " General Description 2" x 1" steel channel frame with radius top. Bolt from inside to steel supports . Ove~ay with .090 aluminum faces . One face removable to access frame bolts to supports . Pa int to match PMS 343 Green Supports : 4 1/2" o.d. steel capped on top . sleeved into 4" o.d. pipe set in coocrete footer. Paint to match PMS 343 Green . White Vinyl copy. 2930 West 9th Avenue. Denver, Colorado . 303·629-6121 . Fex : 303 .629 .1024 . E-Mell : denverdesignOgordone l gn .com IMPOIITOT ELEC. IIOTE: Voltage: NJA (unless othefwl'se specffied by ciMtnt) File Name: F~ Qqod'MIMIIbctige .,.. 1311_Cityof wt'!Nt~ Revisions : 02-(RH) change to 5'-0 " oah 03-(RH) longer poles . 04-(RH) back to 4'6' oah . Account Rep . R Frank Date: 8191 11 Drawn by: R Bradley Scale: NOTED Client: City of Wheat Ridge 7500W. 29th Wheat Ridge . CO Client Approval: c This design is the exclusive property of Gordon Sign end cennot be reproduced either in whole or In part without their consent. Gordon 591• endMYor to doMtytniiLCh CiCIAcft. hcluding PMS oo6otl wt.r. IIJM(:IIed, W. cennot ~.ad~ 0. IG .,.,tng ~of ..t.oe ~ 8nd p!llra UMd. Drawing# 131141 City or Wheatridge '~ --~ GORDON SIGN M .. c G) E .c CJ ca .. :i (~~-' _____ ____,_() Plan View -+--l-4" 0.0. steel pipe sleeve embedded in concrete footer. 2'-0 . Double Faced (Non Illuminated) display 314"= 1'-0 " 2 Required General Description 2" x 1" steel channel frame with radius top . Bolt from inside to steel supports. Ove~ay with .090 aluminum faces . One face removable to access frame bolts to supports . Paint to match PMS 343 Green Supports : 4 1/2" o.d. steel capped oo top . sleeved into 4" o.d. pipe set in coocrete footer. Paint to match PMS 343 Green . 2930 West 9th Avenue . Denver . Colorado 303 -629 -6121 . Fex: 303 .629 .1024 . E-Mai l: denverdealgnOgordonaign .com IMP'OIITAIIT ElEC. •on: ll. 1111 CCJMilMT P'ERIG ·~~TDIS. :n~~C8Cim,_.,.. Gordon Sign MHts Ul Safety Requl..-mentJ Voltage: NJA (unless OChetw~se spedfl8d by client) File Name: Revisions : Account Rep. R Frank Date: 8/9111 Drawn by : Scale : NOTED Client: City of Wheat Rid ge 7500W. 29th Wheat Ridge . CO Client Approval: c This design is the exclusive property of Gordon Sign end cannot be reproduced either In whole or in pert without their consent. Ootdon 89'1• endMYor to c:::kiMty I'Mk:I'IO!Ds, inc:bfing PMS cdan--.. tpee:&d, W. cannot QUW11'Ut .xt tMic:t-. cb to wrying oompe!ibllty of...-. metarilla ..t P1irD UMd. Drawing # 4031 '~ ~ GORDON SIGN 5 3/8 " dia . steel pipe sleeve embedded in concrete footer TYP. Both Supports General Description 2" x 1" steel channel frame wilh radius top. Bon from inside to steel supports . Ove~ay with .090 aluminum faces . One face removable to access frame bons to supports . Paint to match PMS #343 dark green . 1" aluminum angle frame (flat) (with dra in slots along bottom edge). Perforated aluminum (flal) panel. welded to inside of frame . Perforated panel W holes @ 518" staggered centers . Attach to background panel with angle clips . Copy and logo '/<thick cut out aluminum attached with studs nutted on back. Paint angle and perf. background MAP brushed aluminum . Logo: Digital output. Letters : Palnl satin black. Copy -#3650-120 Satin Aluminum Vinyl Supports: 5 3/8 " o.d. steel pipe selln concrete and sleeved into 6" o.d. pipe capped on top . footer. Paint to PMS #343 dark green . 2930 West 9th Avenue . Denver, Colorado 303-629-6121 . Fax : 303 .629 .1024. E -Mail : danvardas l gnOgordons l gn.com IMPORTAIT ELEC. IIOTE: 11.2111 COIII'\JANTP911EC ,..........,__ Ml.llK'IWCil,...,. CIICim ..-r .IIIKIJB -.au CIICim Voltage: --Ciy"WinAid90 Gordon Sign Meell Ul Flo Nome ety""""'Ridge_<OJC Slltly RtqUITIImtnls Revisions: 01-6/11/12 5' -0 ' oa height Account Rep . R. frank Date: 2.25 .11 Drawn by: R.H . Scale : Noted Client: City of Wheat Ridge Prospect Pall< Oient Approval: ---------- c This design Is the exclusive property ot Gordon Sign and cannot be reproduced either In whole or In pM without their consent. Gordon Sign dlnCIM'ttof IOdoNfy ,_.,colora,~ PMScolcn whenllf*lled. W. cennat ~ eact ~due to Ywylng ~ d lll.lft.oe tnllt..W.Ind p.i1ta UMd. Drawing # 4030-01 '~ -. ~ SHEET1 0 1 GORDON SIGN White vinyl copy ~· ... . Black vinyl copy with # 14 Orange opaque vinyl logo Pla n VIew 4" 0.0. steel pipe sleeve embedded tn concrete footer TYP. Both Supports General Description 2' x 1" steel channellrame with 314'= 1'-Q" radius top. Bolt from inside to steel supports. Ovenay with .090 aluminum faces . One face removable to access frame bolts to supports. Paint to match Benjamin Moore Red Rock 4B2005 -1 0 Supports: 4 1/2' o.d. steel capped on top. sleeved into 5 318' o.d. pipe set in concrete looter. Paint to match Benjamin Moore Red Rock 4B2005-1 0 Whije Vinyl copy. --Qigijal Print Logos on wMe vinyl. Whije vinyl copy. 2930 West 9th Avenue . D e nver . Colorad o . 303 -629 -6 1 21 . Fe x : 303 .629 .1 024 . E-Me ll : d env e r des l g nOgordonsl g n.com IMPORTAin ELEC. •oTE: 1J.. Zlll CCM'l.Wft iiU II:C ·~-~JOCS. :nn:=m.~~ Gonion Sign Meets UL Salety Requirements Vo ltage: 120v (unless otherwise specified by client) File Name: Folder Cllyoi ........ Ridgl' Fit Olyofwt.a~.t021 Revisio ns: 01-61 11/12 sho w new copy Account Rep . R Frank Date: 8/9/tt Drawn by: RH Sca le: NOTED Cli ent: City of Wheat Ridge 11361 W. 44 th S t. Wheat Ridge. CO Client Approval: c This design is the exclusive property of Gordon Sign and cannot be reproduced either In whole or in part without their consent. Ootdon Sign ... endMvor to ClaMfy lNidt oolorw.. indudhg PM$ c:dcn ...... ~. w. ~.,..,......act me:tw. cb to ¥Wy6ng complllibliy of ..... tMieri* Mid ~ ~ Drawing# 4026-01 n~ --~ GORDON SIGN \ . ~ ... ~ J , City of • :rwheat.Ri_dge ITEM NO:~· DATE: July 9 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 37-2012 - A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $6,908 FROM THE 2009 JUSTICE ASSISTANT GRANT (JAG) D PUBLIC HEARING D BIDS/MOTIONS r::8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES The Police Department Command Tean1 has reprioritized the Department's needs and is requesting the current 2012 balance of the Justice Assistance Grant (JAG) funds be appropriated to the 2012 budget for the purchase of emergency traffic signal generators and upgrades to the command van. PRIOR ACTION: In 2009 , the Police Department was awarded $97 ,720 through a JAG grant. Those funds were accepted by the City of Wheat Ridge in 2009 , by Resolution No. 28-2009. These funds were initially designated to be used for the East Wheat Ridge Problem Oriented Policing Project, Internal Affairs tracking software, a crime mapping program, a decisional shooting system, and document management software, and were to be spent over a period offour years (2010-2013). FINANCIAL IMPACT: There is no financial impact. These expenses are being funded by monies already received from the 2009 JAG Grant. Council Action -Appropriation of 2009 JAG Grant funds July 9, 2012 Page2 . . . . BACKGROUND: The Police Department Command Team has reprioritized the Department's needs, and has made a decision not to purchase the document management software, leaving a balance of grant fund monies available. A decision was made to use those funds to upgrade mapping capabilities in the command van, which is utilized as a backup communications center and/or an incident command center during SWAT incidents, major storms, hazmat incidents or special events. The goal is to upgrade the command van from paper maps to computer-generated imagery. After the crime mapping software and Internal Affairs tracking software were purchased with grant funds, there was still a balance of funds remaining. A decision has been made to use those funds for generators to provide short-term emergency power to traffic signals during power outages at major intersections. This is vital to safe traffic flow and will alleviate utilizing a police officer(s) for traffic direction, as opposed to more important public safety duties. Both of these purchases have been pre-approved by the JAG Grant Administrator. RECOMMENDATIONS: Staff recommends approval of the resolution and modifications to the 2009 JAG grant, adding $2,808 into Police Department account 01-202-800-802 and $4,100 into account 01-202-800- 809. RECOMMENDED MOTION: "I move to approve Resolution No. 37-2012, a resolution amending the fiscal year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $6,908 from the 2009 Justice Assistance Grant." Or, "I move to table indefinitely Resolution No. 37-2012, amending the fiscal year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $6 ,908 from the 2009 Justice Assistance Grant for the following reason(s) ____ _ " REPORT PREPARED/REVIEWED BY: Michelle Stodden, Police Support Technician Dan Brennan, Chief of Police ATTACHMENTS: 1. Resolution No. 37-2012 2. Resolution No. 18-2009 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 37 Series of 2012 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $6,908 FROM THE 2009 JAG GRANT WHEREAS, the City of Wheat Ridge Police Department received a Justice Assistance Grant (JAG) in 2009 in the amount of $97,720 to be used for equipment and crime prevention programs; and WHEREAS, the department has reported its needs and desires to use the remaining 2009 grant funds in the amount of $6,908 to upgrade the mapping capabilities in the command van and purchase generators to provide short-term emergency power to traffic signals during power outages, and WHEREAS, the department's JAG Grant program manager has approved the aforementioned requests by the Police Department to reallocate JAG funding, and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the acceptance of $6,908 of 2009 Justice Assistant Recovery and Reinvestment Grant (JAG) funds and amend revenues accordingly. B. The City Council authorizes the transfer of $4,100 from the General Fund undesignated reserves to account number 01-202-800-809 and $2 ,808 to account number 01-202-800-802 . DONE AND RESOLVED THIS 9TH DAY OF July 2012. ATIEST: Janelle Shaver, City Clerk Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Attachment 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 28 Series of 2009 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE MANAGEMENT OF THE RECOVERY ACT JUSTICE ASSISTANCE GRANT (JAG) AND AMENDING THE FISCAL YEAR 2009 GENERAL FUND BUDGET TO REFLECT THE ACCEPTANCE OF mE 2009 EDWARD BYRNE RECOVERY ACT JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF $97,720. WHEREAS, the City of Wheat Ridge, acting through its City Council, is authorized by the Colorado Constitution and Revised Statutes to enter into agreements with other units of local government to perform any function or service authorized to each of such parties; and WHEREAS, the City Council finds that the City of Wheat Ridge, City of Lakewood, City of Arvada, City of Edgewater, City of Golden and the Jefferson County Sheriff's Office have jointly determined to apply for and administer a Recovery Act Justice Assistance Grant (JAG), in the amount of Eight Hundred Eight~eight thousand Two Hundred and Eighty dollars ($888,280); and WHEREAS, the City of Lakewood, through the Lakewood Police Department, shall serve as Point of Contact and Grant Administrator for the Recovery Act: Justice Assistance Grant Program, from the U.S. Department of Justice, and the other parties will serve as subgrantees; and WHEREAS, the City of Wheat Ridge share of said grant will be $97,720; and WHEREAS, C.R.S. 29-1-203, as amended, enables the City of wheat ridge and the other parties to enter into intergovernmental agreements for the purpose of sharing in the award and management awarded under the conditions of the Recovery Act: JAG; and, WHEREAS, the City Council finds that the performance of this Agreement is in the ffest interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the City Council is authorized to approve the In~ergovemmental Agreement pursuant to Section 14.2 ofthe Home Rule Charter. · NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The City Council hereby approves the Intergovernmental Agreement for the management of the Recovery Act Justice Assistance Gran4 a copy of which is attached hereto as Exhibit A, and amending the fiscal year 2009 General Fund Budget to reflect the acceptance of the 2009 Edward Byrne Recovery Act Justice Assistance Grant in the amount of $97,720, and hereby authorizes the Mayor and City Clerk to execute the same. Attachment 2 ~() DONE AND RESOLVED TillS 1) day of___,oft--W'LC:II,-----20"""'0-..9. ATTEST: Michael D. Snow, City Clerk ~ A ~ r Cicyof JP'"WheatRt_dge ITEM NO:~· DATE: July 9, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO PORTABLE COMPUTER SYSTEMS, INC. IN THE AMOUNT OF $37,559.50 FOR THE SCHEDULED ANNUAL REPLACEMENT OF TEN PANASONIC MOBILE DATA COMPUTERS 0 PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ° READING 0 YES The annual scheduled replacement ofPatrol Vehicle Mobile Data Computers (MDC). In 2012 the IT Division budgeted $38 ,000 for ten MDC's. The E911 board is able to reimburse the City up to $39,600 for the purchase of these units. 2012 will be the last year the E911 Authority board will be reimbursing any agency for MDC's. PRIOR ACTION: Council approved in 2011. FINANCIAL IMPACT: $38 ,000 is currently approved in the 2012 IT Budget, of which the E-911 Authority Board will reimburse the City up to $39 ,600. The net effect is that once the E911 board reimburses the City, the 10 MDCs will be replaced at no cost to the City. BACKGROUND: The City currently has 30 patrol vehicles and each unit has a Mobile Data Computer (MDC) that is linked to the Police Department via a secured wireless connection. These computers allow the patrol officers to stay in the field longer, gather data, and fill out their reports without having to Council Action Form July 9, 2012 Page 2 l . . . drive back to the station. This MDC upgrade is an implementation that is required to provide reliability and speed of computing to the officers in the field. The City has a three-year replacement cycle for patrol vehicle MDCs. That cycle has been stretched to four years due to budget cutbacks. The last ten MDCs for the fleet were purchased in 2011 , and were also reimbursed by the E91 I Authority Board. This reimbursement program is set to expire on December 31 , 2012 due to lack of funding. RECOMMENDATIONS: Staff recommends the procurement of the replacement Panasonic Mobile Data Computers in the amount of$37,559.50. RECOMMENDED MOTION: "I move to approve payment to Portable Computer Systems in the amount of$37,559.50 for the scheduled annual replacement often Panasonic Mobile Data Computers." Or, "l move to deny payment to Portable Computer Systems in the amount of$37,559.50 for the scheduled annual replacement of ten Panasonic Mobile Data Computers for the following reason( s) " REPORT PREPARED/REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Administrative Services Director ATTACHMENTS: I. PCS Mobile Quote ~ pes mobile~ Corporate Headquarters 1200 W Mississippi Ave Denver, CO 80223 Email: sales@ocsmobile.com Customer: City of Wheat Ridge 7500 West 29th Avenue Accounts Payable Wheat Ridge, CO 80033-8001 Quotation Line Item Number Description/ Comments Number 1 CF -Win7, Intel Core i5-2520M 2 .50GHz, 31JEGJX1M vPro, 13.1inch XGA Touch, 320GB(7200rpm), 4GB, Intel WiFi a/b/g/n, TPM, Bluetooth, Single Pass (Selectable), 56k modem (RJll), No Drive Touqhbook Preferred Notes Page 1 Attachment 1 Quote QT-7321/5 for: City of Wheat Ridge Page 1 of 2 Print Date Quote Valid Date 06/28/2012 06/29/2012 5:15pm Inside Sales Rep: Mandy Straight Email: mandys@pcsmobile.com Phone: 303-552-3957 Fax: Salesperson: Mark Stefanowski Email: marks@pcsmobile.com Quote Created By: Mark Stefanowski Quanttty Unit Proce Extended ($) Price ($) 10 3755.95 37559.5 Quote $37559.50 Sub Total Quote $37559.50 Total www.pcsmobile.com ~ ~ ~ .. " ~ " City of • J?'WheatR!_dge ITEM NO:~ DATE: July 9 , 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 WIDCH ARE EXEMPT FROM USE TAX ON BUILDING MATERIALS AND SUPPLIES D PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: D ORDINANCES FOR 1ST READING (06/25 /12) ~ ORDINANCES FOR 2ND 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 through the years and does not comport with staffs policy concerning the administration of this 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. The ordinance was approved on first reading at the Council meeting on June 25 , 2012. FINANCIAL IMPACT: Due to staffs administrativ e 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 July 9 , 2012 Page 2 ... . . ' BACKGROUND: 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 second reading. RECOMMENDED MOTION: "I move to approve 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 on second reading, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely 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 for the following reason(s) REPORT PREPARED BY; Gerald Dahl , City Attorney Kathy Franklin, Sales Tax Supervisor ATTACHMENTS: 1. Council Bill No . 11-2012 " CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMott 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 )(0 ~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•Jision shall apply where 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 acti•1ities. 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 wh ich 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 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 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 7 to 0 on this 25th 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 July 9, 2012 at 7:00p.m., in the Council Chambers, 7500 West 29 1h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to _, this day of , 2012. SIGNED by the Mayoronthis __ dayof _____ , 2012. ATIEST: Janelle Shaver, City Clerk First Publication: June 28, 2012 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney ""' A~ -~ .. City of • JP'WheatRi_dge ITEM NO:~ DATE: July 9 , 20I2 REQUEST FOR CITY COUNCIL ACTION TITLE: 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 DEVELOPENT (MU-C TOD) ZONE DISTRICT (CASE NO. WZ-12-02/ffiC HOLDINGS) ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (06/1I /20I2) ~ ORDINANCES FOR 2ND READING(07/09/2012) ~ YES r ISSUE: In September of 20I 0, City Council adopted new mixed use zone districts which are intended to create a streamlined development review process, allowing higher density, mixed use development and with a range of land uses , including residential. The applicant requests approval of a zone change from Planned Industrial Development and Light Industrial to Mixed Use -Commercial TOO for property located at 5060 Ward Road. The zone change is the first step of the process for approval for redevelopment of this site with mixed use zoning. Pursuant to the Mixed Use Zone districts, sites over I 0 acres in si ze must complete a concept plan. The concept plan, which is approved administratively, is a general plan for development that designates proposed circulation concepts, proposed building pads and preliminary land use concepts . A neighborhood meeting would be required prior to application Case No. WZ-12-02nBC Holdings Council Action Form July 9, 2012 ~age2 for the concept plan approval process. If approved and prior to construction of any new structures, a site development plan will be required meeting the standards in the mixed use zone. PRIOR ACTION: Planning Commission reviewed this request and recommended approval at a public hearing held on May 3, 2012. A motion was made for approval for the following reasons: 1. The property is currently underutilized. 2. Construction of the Gold Line commuter rail station will dramatically change the development potential of this property. 3. The rezoning request is consistent with the Northwest Subarea Plan, the I-70/Kipling Urban Renewal Plan and Envision Wheat Ridge. 4. The evaluation criteria support approval of this request. There were no recommended conditions of approval. FINANCIAL IMPACT: One-time fees for the zone change were submitted for the application in the amount of $2400. If the property is redeveloped , there could be an advancement of the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The property is located at 5060 Ward Road. The parcels that comprise the subject property include those that are zoned Planned Industrial Development (PID) and are part of the Jolly Rancher Inc. PID . The home of the former Jolly Rancher candy factory is approximately 10.4 acres in size and was in production until 2002. The only use permitted under the PID is candy manufacturing with ancillary functions. Today, the property is largely vacant. A 21,000 square foot manufacturing warehouse remains in the middle of the property along with severaJ smaller structures on the eastern portion. Included with this zone change request is another 4-acre parcel immediately to the north, which is currently vacant, zoned Light Industrial (I), and has frontage on W. 52"d Avenue. Surrounding the subject property are a variety of land uses. Immediately to the east is a parcel zoned Light Industrial (I) that is currently an RV and boat storage lot. Further to the east is a residentially zoned Alpaca ranch and a residential neighborhood zoned R-2. To the north and south are industrially-zoned parcels, including the Wheat Ridge Industrial Center PID. The subject property is adjacent to the City boundary; north ofW. 52"d Avenue is the City of Arvada, and across Ward Road to the west and northwest is unincorporated Jefferson County. In 2005, the applicant submitted a request for approval of a zone change from PID and I to Planned Mixed Use District (PMUD). The request included a 17 parcel subdivision in addition to an ODP and FOP . The intent of the application was to allow the development of office/warehouse flex space in the first phase. The intent of subsequent phases of construction was not defined but would have allowed general commercial and industrial uses and some Council Action Form July 9, 2012 Page 3 residential. The zone change application was denied by City Council on November 14 , 2005. One justification for denial is that the plan did not embrace the concept of transit-oriented development supportive of the future R TD Commuter rail station stop. Guiding documents The Neighborhood Revitalization Strategy (NRS) was adopted by the City as a policy document in 2005 . The NRS established goals for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading housing stock , developing employment areas and targeting underutilized commercial properties for redevelopment. One of the recommendations of the NRS was for the City to undertake subarea planning to focus on unique opportunities and challenges for redevelopment of certain areas. In 2006 , the City adopted the Northwest Subarea Plan which was focused on a mixed use development in support of the Gold Line end of line stop , transitioning to existing suburban development to the north and east. It encourages a grid of north-south and east-west internal streets with pedestrian amenities. In August of 2009 , a new urban renewal plan area was adopted by City Council. The urban renewal plan area includes properties along the 1-70 corridor extending north to the northern city limit line , including this parcel. This property is designated "employment", adjacent to "employment/TOO mixed use" on the urban renewal concept plan. In 2009 , a ballot initiative was approved by voters in a City election for removal of the charter height and density restrictions for most of the urban renewal areas in the City. Envision Wheat Ridge, the comprehensive plan , was adopted in October 2009 , The property is shown as being a mixed-use employment center close to the City's TOD site. The intent of the employment/commercial center is to build on existing industrial areas in the city with proximity to the TOD site. Desired uses in this area should include commercial and retail services and multi-family housing. The application has been through a standard City and outside agency referral process . Upgrades will be required at the expense of the developer upon future redevelopment of the property. The Planning Commission staff report and minutes have been attached for additional background on this application . RECOMMENDED MOTION: "I move to approve 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 TOD) zone district, on second reading, and that it take effect 15 days after final publication, for the following reasons : Council Action Form July 9, 2012 Page4 Or, 1. The property is currently underutilized. 2. Construction of the Gold Line commuter rail station will dramatically change the development potential of this property. 3. The rezoning request is consistent with the Northwest Subarea Plan, the I-70/K.ipling Urban Renewal Plan and Envision Wheat Ridge. 4. The evaluation criteria support approval of this request. "I move to postpone indefinitely 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 TOD) zone district for the following reason(s) " REPORT PREPARED BY; Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 07-2012 2. Planning Commission report 3. Planning Commission minutes TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LANGWORTHY COUNCIL BILL NO. 07 ORDINANCE NO. ___ _ Series of 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) WHEREAS, the City of Wheat Ridge is trying to encourage mixed use zoning and development; and WHEREAS, the zoning and development code was recently modified to add four new mixed use zoning districts ; and, WHEREAS, Brian Mott on behalf IBC Holdings has submitted a zone change application to Mixed Use-Commercial TOO for property located at 5060 Ward Road; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on May 3, 2012 and voted to recommend approval of a rezoning of the property to Mixed-Use Commercial TOO. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Brian Mott for IBC Holdings, LLC, approval of a zone change ordinance for 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), and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, the following zone change is approved for the following described parcel. PARCEL A: The South 17 feet of the West 251 feet of Lot 13, Standley Heights , and the West 518.12 feet of Lot 17, Stand ley Heights Except the South 25 feet thereof. Except any portion thereof falling within Ward Road , County of Jefferson, State of Colorado . PARCEL B: That portion of Lot 13 , Standley Heights, described as follows: Attachment 1 Beginning at a point on the South line of Lot 13, Standley Heights , from which the Southwest corner of said Lot 13 bears South 89 °11.9' West a distance of 251 .02 feet ; Thence North 89 °11.9' East along the South line of said Lot 13, a distance of 257.10 feet to a point 537.97 feet East of the West line of the Southeast quarter of Section 17 , Township 3 South , Range 69 West of the 6th Principal Meridian ; Thence North 0 °04.2' West parallel with the West line of the Southeast quarter of said Section 17 , a distance of 17.0 feet ; Thence South 89 °11.9' West a distance of 257.10 feet ; Thence South 0 °004.2' East a distance of 17 .0 feet to the Point of Beginning , County of Jefferson , State of Colorado. PARCEL. C : A tract of land located in Lot 17 , Standley Heights , a Subdivision recorded in the Officia l Records of Jefferson County, Colorado , described as follows : Beginning at the Southwest corner of said Lot 17 Thence North 0 °04.2' West along the West line of sa id Lot 17 a distance of 25.00 feet to a point on the North line of West 50th Place as conveyed to Jefferson County by instruments recorded in Book 987 at Pages 407 and 409 of said Official Records; Thence North 88 °59 .0' East a long the North line of West 50th Place as recorded in said Book 987 at Pages 407 and 409 a distance of 750.12 feet to the True Point of Beginning ; Thence North 88 °59 .0' East along the North line of west 50th Place as recorded in said Book 987 at Pages 407 and 409 a distance of 286 .12 feet to the Northeast corner of West 50th Place as recorded in said Book 987 at Pages 407 and 409 ; Thence North 0°03 .6' West along the East line of said Lot 17 a distance of 215 .60 feet; Thence South 88'59.0' West parallel to the South line of said Lot 17 a distance of 232 .87 feet ; Thence North 0'03.6' West parallel to the East line of said Lot 17 a distance of 0.80 feet ; Thence South 88 °'59 .0' West parallel to the South line of said Lot 17 a distance of 43.00 feet; Thence South 0 °03.6' East parallel to the East line of said Lot 17 a distance of 0.80 feet ; Thence South 88 °'59 .0' West parallel to the South line of said Lot 17 a distance of 10.24 feet to a point , said po i nt being North 0°03.6' West parallel to the East line of Lot 17 a distance of 215.60 feet from a point on the North line of West 50th Place as recorded in said Book 987 at Pages 407 and 409 ; 2 Thence South 88°59.0' West parallel to the South line of said Lot 17 a distance of 60.46 feet; Thence South 0°03.6' East parallel to the East line of said Lot 17 a distance of 21 .14 feet; Thence South 88°59.0. West parallel to the South line of said Lot 17 a distance of 97.05 feet; Thence North 0°03.6' West parallel to the East line of said Lot 17 a distance of 195.06 feet to a point on the North line of said Lot 17; Thence South 89°11.9' West along the North line of said Lot 17, a distance of 7 4.50 feet to a point 518.12 feet East of the West line of said Lot 17. said 518.12 feet being a distance measured at right angles to the west line of said Lot 17; Thence South 00°04.2' East parallel to the West line of said Lot 17 a distance of 389.80 feet to a point on the North line of West 50th Place as recorded in said Book 987 at Pages 407 and 409; Thence North 88°59.0' East along the North line of West 50th Place as recorded in said Book 987 at Pages 407 and 409 a distance of 231 .93 to the True Point of Beginning. PARCEL D: A parcel of land situated in the West One-Half of Lot 13, Standley Heights, being located in the Southeast One-Quarter of Section 17, Township 3 South, Range 69 West of the 6th P.M., being more particularly described as follows: Commencing at the center of said Section 17 , Thence South 00 °18'19" East along the West line of said Southeast one-quarter of Section 17, the basis of bearing. a distance of 30.00 feet; Thence North 89°11 '27" East and parallel to the North line of the Southeast one- quarter of said Section 17 a distance of 30.00 feet to the Northwest corner of said Lot 13; Thence continuing North 89 °11 '27" East and along the North line of said Lot 13 a distance of 518.12 feet to the Northeast corner of the West one-half of said Lot 13 and the Point of Beginning; Thence South 89°11'27" West along the North line of said Lot 13 a distance of 348 .12 feet to a point 170.00 feet East of the Northwest corner of said Lot 13; Thence South 00 °18'19" East parallel to the West line of said Lot 13 to a point 150.00 feet South of the North line of said Lot 13; Thence South 89°11'27" West parallel to the North line of said Lot 13 a distance of 170.00 feet to a point on the went line of said Lot 13 and 150.00 feet South of the Northwest corner of said Lot 13; Thence South 00°18'19' East along the West line of said Lot 13 a distance of 250.02 feet to the Northwest 3 corner of a parcel described in Book 1862 at Page 375 of the Clerk and Recorder's Office of Jefferson County, said corner being 17.00 feet North of the Southwest corner of said Lot 13; Thence North 89 °11 '47' East along the North line of said parcel described in Book 1862 at Page 375 and parallel with the South line of said Lot 13 a distance of 250.00 feet to the Northeast corner of said parcel described in Book 1862 at Page 375; Thence North 89 °11 '47' East parallel with the South line of said Lot 13 a distance of 0.02 feet to the Northwest corner of a parcel described at Reception No. 82047968; Thence North 89 °11 '47" East along the North line of said parcel described at Reception Number 82047968 a distance of 256 .95 feet to a point 17.00 feet North of the South line of said Lot 13; Thence South 00 °18'19' East parallel to the West line of said Lot 13 a distance of 17.0 feet to the South line of said Lot 13 and the Southeast corner of said parcel described at Reception Number 8204 7968 said corner being 537 .97 feet East of the West line of the Southeast ore-quarter; Thence North 89 °11 '47" East along the South line of said Lot 13 a distance of 10.16 feet to the Southwest corner of the West One-half of Lot 13; Thence North 00 °18'24" West along the East line of the West one-half of Lot 13 a distance of 417 .07 feet to the Point of Beginning . County of Jefferson, State of Colorado . PARCEL E: Beginning at the Southwest corner of Lot 17, Standley Heights ; Thence North 0 °04.2' West along the West line of said Lot 17 a distance of 25 .00 feet to a point on the North line of West 50th Place as conveyed to Jefferson County by instruments recorded in Book 987 at Pages 407 and 409 of said official records; Thence North 88 °59.0' East along the North line of West 50th Place as recorded in Book 987 at Pages 407 and 409 a distance of 750.12 feet; Thence North 0 °03.6' West parallel to the East line of said Lot 17 a distance of 215 .60 feet to the True Point of Beginning ; Thence South 88 °59.0' West parallel to the South line of sa id Lot 17 a distance of 60.46 feet ; Thence South 0 °03 .6' East parallel to the East line of said Lot 17 a distance of 21 .14 feet ; Thence South 88°59 .0' West parallel to th e South lin e of said Lot 17 a distance of 97 .05 f eet ; Thence North 0 °03.6' West parallel to the East line of said Lot 17 a distance of 195.06 feet to a point on the North line of said Lot 17 ; 4 Thence North 89 °11 .9' East along the North line of said Lot 17 a distance of 443 .59 feet to the Northeast comer of said Lot 17; Thence South 0 °03 .6' East along the East line of said Lot 17 a distance of 5.27 feet to a non-tangent point on a curve , said point being a point of curvature ; Thence Southeasterly along a curve to the right , whose central angle is 6r00.3', whose radius is 270 . 54 feet, and whose chord bears South 5r01 .9' East a distance of 298.66 feet to a point 240.60 feet North of the extended South line of said Lot 17; Thence South 88 °59 .0' West parallel to the South line of said Lot 17 a distance of 200.44 feet to a point 50.00 feet East of the Seat line of said Lot 17; Thence South 0 °03.6' East parallel to the East line of said Lot 17 a distance of 215.60 feet to a point on the extended North line of West 50th Place as recorded in said Book 987 at Pages 407 and 409 ; Thence South 88 °59.0' West along the extended North line of West 59th Place as recorded in Book 987 at Pages 407 and 409 a distance of 50.00 feet to the Northeast comer of West 50th Place as recorded in Book 987 at Pages 407 and 409; Thence North 0 °03.6' West along the East line of said Lot 17 a distance of 215.60 feet ; Thence South 88 °59.0' West parallel to the South line of said Lot 17 a distance of 232.87 feet ; Thence North 0 °03.6' West parallel to the East line of sa id Lot 17 a distance of 0.80 feet ; Thence South 88 °59 .0' West parallel to the South line of said Lot 17 a distance of 43.00 feet ; Thence South 0°03 .6' East parallel to the East line of said Lot 17 a distance of 0 .80 feet; Thence South 88 °59.0' West parallel to the South line of said Lot 17 a distance of 10 .24 feet to the True Point of Beginning. County of Jefferson , State of Colorado . Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge . Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promulgated for the health, safety , and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for 5 any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. 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 July 9, 2012, at 7:00 o'clock 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 , this 9th day of July, 2012. SIGNED by the Mayor on this ___ day of ________ , 2012. ATTEST: Janelle Shaver, City Clerk 1st publication: June 14, 2012 2nd publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to form by City Attorney Gerald Dahl, City Attorney 6 ~ ; ~ ... ~ .. , City of • .. ~WheatJ34_dge ~OMMUNilY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING : CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE SITE Planning Commi s ion WZ-12-02 BC CASE MANAGER: M. Reckert May 3 2012 WZ-12-02 /Brian Mott for IBC Holdings Approval of a zone change from Planned Industrial Development and Light Industrial to Mixed Use -Commercial TOO 5060 Ward Road Brian Mott for 18 Denver II , LLC 14 .7 acres PID and Light Industrial T.O.D. Site; Mixed Use Employment Center CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Attachment 2 All notification and posting requirements have been met; therefore there is juri diction to hear this case. I. R E Q UEST This application is for approval of a zone change from PID, Planned Industrial Development, and I, Light Industrial, to Mixed Use -Commercial TOD (Transit-Oriented Development). The zone change is the fir t step ofthe process for approval for redevelopment of this site. Pursuant to the Mixed Use Zone districts, sites over 10 acres in size, or that have more than one phase of development, must complete a concept plan. The concept plan which is reviewed administratively, is a general plan for development that designates proposed circulation concepts proposed building pads and preliminary land u e concepts. A neighborhood meeting would be required prior to application for the concept plan approval process. If approved and prior to construction of any new structures, a site development plan will be required meeting the standards in the mixed use zone districts. The property is comprised of several parcels and has frontage on West 501h Place, Ward Road and West 52nd Avenue. For the purposes of this land entitlement process, the address of 5060 Ward Road is being used. The legal description for publication purposes included all three parcels. (Exhibit I, Applicant letter II. EXI STING C O NDI T IO NS/PROPE RTY HI STORY The property is located at 5060 Ward Road in the northwest quadrant of the City of Wheat Ridge. The parcels that compri e the subject property includes those that are zoned Planned Industrial Development (PID) and are part of the Jolly Rancher Inc. PID. The home of the former Jolly Rancher candy factory is approximately I 0.4 acres in size and was in production until 2002. The only use permitted under the PID is candy manufacturing with ancillary functions. Today, the property is largely vacant. A 21,000 quare foot manufacturing warehouse remains in the middle of the property along with several smaller structures on the eastern portion. Included with this zone change request i another 4-acre parcel immediately to the north, which is currently vacant, zoned Light Industrial (I) and has frontage on W . 52nd Avenue. (Exhibit 2, ALTA survey) Surrounding the subject property is a variety of land uses . Immediately to the east i a parcel zoned Light Industrial (I) that i currently an RV and boat storage lot. Further to the east is a residentially zoned alpaca ranch and are idential neighborhood zoned R-2 . To the north and south are industrially- zoned parcels, including the Wheat Ridge Industrial Center PID. The subject property is adjacent to the City boundary; north of W . 52nd A venue is the City of Arvada and across Ward Road to the west and northwest is unincorporated Jefferson County. In 2005 the applicant submitted a reque t for approval of a zone change from PID and I to Planned Mixed Use District (PMUD). The request included a 17 parcel subdivision in addition to an ODP and FOP. The intent of the application was to allow the de elopment of office/warehouse flex space in the first phase. The intent of sub equent pha es of construction was not defined but would have allowed general commercial and industrial use and some re idential. The zone change application was denied by City Council on November 14 2005. One justification for denial is that the plan did not embrace the concept of transit-oriented development supporti e of the future RTD Commuter rail station stop. Planning Commission 2 WZ-12-02/JBC In 2006, the City adopted the Northwest Subarea Plan which was focused on a mixed use development in support of the Gold Line end of line stop transitioning to existing suburban development to the north and east. Subsequent other guiding documents are discussed in section IV of this report III. PROPOSED ZONING Background In September of2010, City Council approved legislation adopting new mixed use zone districts. Prior to that, the only provision in the code for mixed use development was the Planned Mixed Use District (PMUD) requiring a site development plan (concept ODP and specific ODP). This presented challenges to applicants as the planned development approval process is lengthy, unpredictable and expensive, taking at least six months without certainty of the outcome. The intent for adoption of the new mixed code was to provide a clear predictable and streamlined development process which would establish general development parameters, allowed uses, setbacks and building heights without providing a site plan level of detail. Once rezoned through a public hearing process , the review process for construction would be administrative. The following is a synopsis of the proposed Mixed Use Commercial TOO zone classification: The MU-C TOO is intended for areas generally within Y2 mile of light rail stations. It pennits a wide range of uses to allow densities that support transit ridership and is intended to enhance connections to transit. The MU-C TOD zone district penn its a wide range of land uses and encourages quality, higher density, mixed use development. The following matrix designates uses and development parameters for the proposed zone district. Planning Commis ion WZ-12-02/I BC 3 Development parameter MU-CTOD Building height 8 stories (118')-mixed use building 6 stories (90')-single use building Setbacks/landscape buffers Minimum side 0' Minimum rear 5' Min. side and rear adj. to residential I -2 story building = I 0' 3 story building = 15' 4 story or higher = 20' Development adjacent to residential 6' buffer with 6' screen (fence or upright (parking lot buffer) landscaping) Required open space Mixed use = 1 0% or Single use = 15% Uses Single family /duplex Not permitted Multi-family Permitted Community/public buildings Permitted Banks with drive-through Conditional Use Restaurants Permitted Restaurant with drive-through Conditional Use Gas stations Not permitted Uses with outdoor storage Not permitted Auto repair Conditional Use Retail sales -up to 60 000 s.f. Permitted Office Permitted Architectural standards Fa~ade articulation , Material variation Transparency requirements, Build-to lines V. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112 .0.2. The Plannjng Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; There is not a mistake on the official city maps . The property is zoned PID and I. 2. A change in character in the area has occurred due to instaUation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, The northwestern portion of the city has the opportunity for the establishment of a transit-oriented redevelopment that will coincide with the construction of the new commuter railway station near the intersection of Ward Road and W. 50 1h Place. This station will be the end-of-line station for the RTD Gold Line. The Gold Line is part of FasTracks, RTD's voter-approved program to expand rail and PlaMing Commission WZ-12-0 2/IBC 4 bus service across the greater Denver metro area and will serve seven stops , including the Ward Road location. It is an 11 .2-mile commuter rail transit line that will run along the BNSF!U nion Pacific Railroad route from Denver Union Station to Wheat Ridge , passing through northwest Denver Adams County and Arvada . The Wheat Ridge station is planned to be on the north ide of the existing freight tracks and east of Ward Road on the south side of 501h Place across the street from the subject property. The station is located far enough east of Ward Road to allow sufficient room to store early-morning trains that are awaiting departure for Denver Union Station. The platform location could accommodate the possibility of a future expansion of the Gold Line further west (over Ward Road). Improvements associated with the station will include train p1atfonn , station with amenities and parking. Parking and bus drop-off would be just north of the station platform with primary access from 52nd A venue . On opening day, the station is expected to have 288 surface parking spaces with 60 on-street parking spaces. An undeveloped piece of land across from the station platform is designated for future retail development. The Gold Line is scheduled to be in operation by mid-2016 . Planning Comm iss io n W Z-12-02 BC Gold Line Ward Road Station 5 Underutilized land , an inadequate street network system and blight in this general area led the City Council and Renewal Wheat Ridge to adopt both the Northwest Area Subarea Plan and the 1- 70/Kipling Urban Renewal Plan. All guiding documents specify that this property is appropriate for mixed use transit-oriented development and creation of an employment center. Staff concludes that this criterion has been met. The Planning Commission shall also fmd that the evidence supports the fmding of at least four of the foUowing: a. The change of zone is in conformance, or wiiJ bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; The following docwnents and policies are to be used for guides when considering zone changes relative to the subject site. NEIGHBORHOOD REVITALIZATION STRATEGY -adopted 2005 • Identified strategies for the city to become a "community of choice" • Goal for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading housing stock, developing employment areas and targeting underutilized commercia] properties for redevelopment. • One of the recommendations of the NRS was for the City to undertake subarea planning to focus on unique opportunities and challenges for redevelopment of certain areas. NORTHWEST SUBAREA PLAN -adopted 2006 • Designates this property as potential for a transit oriented mixed use urban village with general commercia] and auto-oriented uses along Ward Road (see figure below) • Encourages a grid of north-south and east-west internal streets with pedestrian amenities Planning Commission WZ-12-02/IBC 6 site 1-70/KIPLING CORRIDOR URBA RENEWAL PLAN-adopted July 2009 In Augu st of2009 a new urban renewal plan area was adopted by City Council. The urban renewal plan area includes properties along the 1-70 corridor extending north to the northern cit y limit line, including this parcel. A blight study was conducted with the conclusion that the following items are present in the study area: slum/deteriorated structures predominance of defective or inadequate street layout, faulty lot layout , deterioration of site or other improvements , inadequate public improvements or utilities. Urban renewal powers include creation of special districts to make public infrastructure improvements, establishment of sales tax increment areas and acquisition of property including the use of powers of eminent domain. The plan establishes objectives with re pect to appropriate land uses , public and private in vestments in concert with the goals and objectives of the Comprehensive Plan . This property is designated "employment' , adjacent to "employmentffOD mixed use" on the urban renewal concept plan. In 2009 a ballot initiative was approved by voters in a City election for removal of the charter height and density restrict ions for mo t of the urban renewal areas in the city. COMPREHENSIVE PLAN: Envision Wheat Ridge -adopted October 2009 Property is shown as being a mixed-use employment center close to the City 's TOO site (see figure below). The intent of the employmen commercial center is to build on existing Pl anni ng Conuni ·ion WZ-12-02 BC 7 industrial areas in the city with proximity to the city's TOO site. The following are attribute of this designation: • Should have a mix of use centered around the commuter rail station • Primary employment should be a major component • Uses should include commercial and retail services and multi-family housing • Pede trian-friendly etting • Can be a higher intensity than areas to the east and south of l-70 • Should be designed with landscaping high quality urban de ign and architecture and incorporate green space Staff concludes that this criterion has been met . b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; Land u e and zoning surrounding the property i commercial and indu trial in nature. Existing busine e includes auto repair, RV storage retail and office/warehouse. The proposed Mixed U e - Commercial (TOO) zoning which allow a variety of use will not be incon istent with exi ting zoning and land use. Sta_ff concludes that this criterion has been met. Planning Commis ion WZ-12-02 B 8 c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; The proposed zone change will be a benefit to the community. The new zoning will enable mixed use redevelopment of an urban renewal area, bringing new uses that are likely to improve the character of the are~ generate sales tax for the City and provide a balanced mix ofland uses which can include residential. Staff concludes that this criterion has been m et. d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; All agencies can serve the property with upgrades to infrastructure at the time of development. Staff concludes that this criterion has been met. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems or seriously reducing light and air to adjacent properties; Ward Road is a state highway and carries over 30,000 vehicles per day (2006 COOT count). West 52nd Avenue carries over 3700 vehicles per day (201 0 count). A traffic impact analysis wi11 be required upon application for a concept plan which addresses the establishment of a public street grid and necessary improvements on adjacent streets to accommodate site development. A drainage plan and report will also be required prior to new construction. Staff concludes that this criterion has been m et. 3. The application is in substantial compliance with the applicable standards set forth in the Arclritectural a11d Site Desig11 Ma11ua/. Thi s criterion is not applicable since the Architectural and Site Design Manual does not apply in mixed use zone districts. Staff concludes that this criterion is not applicable. IV. NEIGHBORHOOD MEETING The required pre-application meeting for neighborhood input was held on January 2 1, 201 2. There were five ersons from the neighborhood in attendance. Exhibit 3, Neighborhood meeting recap · Exhibit 4, sign-u sheet) Pl a nning Comrni s ion WZ-12-02 BC 9 V. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property . The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow . Arvada Fire Protection District: Upon further development, additional looped water lines and fire hydrants may be needed . Will review at the time of concept plan application for fire access , water supplies and hydrant locations. Colorado Department of Transportation: COOT will assess the conditions ofWard Road upon submittal of a concept plan for redevelopment. Valley Water District: Can serve the property. Will address water availability and specific improvements upon submittal of a concept redevelopment proposal. Xcel Energy: Has no objections to the zone change contingent upon maintaining all existing rights for maintenance of their existing facilities. Will assess service at time of site plan application. Wheat Ridge Public Works: Will assess traffic and drainage upon submittal of a concept development plan. Wheat Ridge Police: No concerns with crime or traffic . Renewal Wheat Ridge: Proposal is consistent with the urban renewal plan . VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the property is currently underutilized. Staff further concludes that there are changing conditions in the area which will dramatically impact the development viability of the property. Because the zone change evaluation criteria support the request , Staff recommends approval of Case No. WZ-12-02. VII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-12-02 , a request for approval of a zone change from PID and I to Mixed Use -Commercial TOO for property located at 5060 Ward Road for the following reasons: 1. The property is currently underutilized. 2. Construction of the Gold Line commuter rail station will dramatically change the development potential of this property. 3 . The rezoning request is consistent with the Northwest Subarea Plan , the 1-70/Kipling Urban Renewal Plan and Envision Wheal Ridge . 4. The evaluation criteria support approval of this request." Planning Commiss ion WZ-12 -02 /IBC 10 Option 8: "I move to recommend DENIAL of Case No. WZ-12-02, a request for approval of a zone change from PID and I to Mixed Use-Commercial TOO for property located at 5060 Ward Road for the following reasons: 1. 2." Plannjng Commission WZ-12-02 /IBC II February 28, 2012 Ms. Meredith Recken Senior Planner City of Wheat Ridge Development and Zoning Office 7500 W. 29th Ave., 2nd Floor ~eatFUdge,CX) 80033 RE: Re-Zoning Request for 5060 Ward Road, ~eat Ridge, (X) 80033, Assessors Parcel# 39-174-05-013. Dear Meredith: IBC Denver II, LLC ("Owner"), through its affiliate, IBC Holdings, LLC, is pleased to submit this request to re-zone the above referenced parcel (the "Propeny'') from Planned Industrial Development (PID) and Industrial (I) to Mixed Use-Commercial TOD (MU- CTOD). The property is approximately 14.59 acres of partially improved land . Re-zoning to MUCfOD will allow the Property to ultimately become what the City of ~eat Ridge envisioned when it adopted the Nonhwest Subarea Plan in June of 2006. The Plan referen ces goals and policies as follows: • "the potential to become a mixed -use 'village' with a slightly urban character" • "establishing a unique character for the subarea as the end -of-the-line light rail station for the RTD Gold Line" • "ensuring an adequate balance between the build and natural environment" It goes on to list a number of the desired characteristics of the area including: • "Buildings ... that have a pedestrian interest and scale" • "Occassional towers and other architectural features that will give an identity'' • " ... plazas and sitting areas for pedestrian comfon" We are excited by the possibility that aU of the above may well come to pass as a result of this request to rezone the Property and are committed to a process that will produce final design and implementation consistent with the city's goals, policies and desired characteristics. Should our request be appro ved, we belie ve that the area will ultimately become home to retail, offi ce and residential facilities consistent with the zoning code approved by City Council in September of 2010. The design concepts we foresee will allow both residents and commuters utilizing the new Gold Line pedestrian rail to live, work and recreate with easy EXHIBIT 1 1 153 BERGEN F :o 80439 (303 ) 674 .1300 FAX (303) 674 >M WWW .I BCHOLOI NGS .C OM Ms. Meredith Reckert February 28, 2012 Page2 access to downtown and metro-wide Denver via the FasT racks network. We envision the underpinning of the ultimate development as a uniquely world-class design, pedestrian friendly, neighborhood oriented mixed-use destination. As always, please don't hesitate to caU or write with any questions you may have. Manager 1153 ~ergen Parkway. Sui1e ~1454. (vergreen, CO 80439 (303) 6i4 .1)00 ra (303) 674.)660 Em~il info@ibcholdings.com \\\\IV ib(holdings .com = ) / :..-- ,.. ...... P.rJtCXI. .ut(A IW) • IJ~OS1 SO r1 t U57'1~5s £ 1/< 'EC' 1'7, T .:L~ R lOW . m1 P\1 '\.=- AL TAIACSM LAND TITLE SURVEY A PARCEL LOCATED IN THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE !Ill WEST OF THE 15TH PRINCIPAL MERIDIAN , COUNTY OF JEFFERSON. STATE OF COLORADO .::.!' -= . ·'' r I ' j· il ....... , .. ,_ ....... -"" ... -·- ...... .......__"" ---__ .,_ LOT 17 STA.Io!Oi.IY..rt()4y.; ) / ..•• .! .. -... • /l r -------------------·,.. ""'--~ .. ; -..-..·--*· ... .#-,,. ... _~ _....,_,!_.,.,. ._,,.,_.UI,ltiU • ... LEGEND --tiii"N«IU . • ---...,, ..... .., l ;:::_~,.:c•· -<' _ ..... ",.,. . •t-·--' . ..,. ..... .... !:":.': ......... • """ ....... 'J ........ ·-·-·-.. -·-·· ·-· .. .- ' EXHffiiT2 ~ .1.; .... " ~ r City of • ~~Wlieat~dge ~OMMUNilY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave . Wheat Rjdge, CO 80033-8001 P: 303 .235.2846 F: 303 .235 .2857 Date: City Staff Present: Location of meeting: Property location: Applicant Existing Zoning: Comprehensive Plan Designation: NEIGHBORHOOD MEETING NOTES January 24, 2012 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second floor conference room 7500 W. 291h Avenue Wheat Ridge, CO 80033 5060 Ward Road Brian Mott, IBC Holdings 1101 W. 481h Avenue, Suite 100 Denver, CO 80221 Phone:303-674-1300 Planned Industrial Development (PID) "Jolly Rancher Inc. PID" T.O.D. Site; Employment/Commercial Center Member(s) of the community present: See attached sign up Applicant/Owner Preliminary Proposal: The applicant, Brian Mott , is proposing a zone change from Planned Industrial Development (PID) and Light Industrial (I) to Mixed Use-Commercial TOD (MU-C TOD). The zone change will allow for transit oriented redevelopment that will coincide with the construction of a new commuter railway station near the intersection of Ward Road and W. 501h Place. This station will be the end-of-line station for the RTD Gold Line. Redevelopment will likely include residential and commercial uses that cater to residents and to commuters. A specific redevelopment scenario has not yet been proposed , but a vision for the area includes neighborhood-oriented uses and pedestrian-friendly design. The applicant may or may not act as the future developer. Existing Conditions: The property is located at 5060 Ward Road in the northwest quadrant of the City of Wheat Ridge. Several parcels make up the property addressed as 5060 Ward ; the subject property includes those that are zoned Planned Industria] Development (PID) and are part of the Jolly Rancher Inc. PID and a smalle~arcel zoned Light Industrial which is located north ofthe old Jolly Rancher site and has frontage on W. 52 Avenue. The subject parcels combined are approximately 14.4 acres in size. EXHIBIT3 Surrounding the subject property is a variety ofland uses. Immediately to the east is a parcel zoned Light Industrial (I) that is currently an RV and boat storage lot. Further to the east is a residentially zoned alpaca ranch and a residential neighborhood zoned R-2. To the north and south are industrially-zoned parcels, including the Wheat Ridge Industrial Center PlD. The subject property is adjacent to the City boundary; north ofW. 52nd Avenue is the City of Arvada, and across Ward Road to the west and northwest is unincorporated Jefferson County. The property is the former home to the Jolly Rancher candy factory. In 2002, the Wheat Ridge based production plant shut down , and in 2005 the applicant purchased the property. Today, the property is largely vacant. A 21 ,000 square foot manufacturing warehouse remains in the middle of the property along with several smaller structures on the eastern portion. The 4-acre parcel immediately to the north is currently vacant. Prior to discussion about the proposed land use case, Mark Westberg, Public Works project supervisor, briefly advised the attendees of the status of the proposed RTD commuter rail station to be located southeast of the subject site. The foUowing issues were discussed regarding the proposed zone change to MU-C TOD: Will a traffic report be required as part of the zone change application package? Because a formal development scenario is not required with the application , it will be d~fficult to anticipate the traffic impacts at this time. At the time of concept plan review, a traffic impact report will be required. How long has IBC Holdings owned the property? JBC has owned the property since 2004. It was subject to a zone change request in 2005 which was denied by City Council (Case No . WZ-05-07). Will the existing structure on the site be retained? Although it is decent sized and in fairly good repair, it is doub~ful that it »'ill be kept. Has the City of Arvada commented on the development proposal? Not at this time but they will be part of the agency referral as their share a common boundary line with the City o.fWheat Ridge. 2 1. 2. 3. 4. 5. 6. January 27, 2012-6 PM Neighborhood Meeting Zone change from Industrial and Planned Industrial Development to Mixed Use -TOO on property located at 5060 Ward Road PLEASE PRINT Name Address ( <..-2. I 5 t,J. 5""~ //f-:JS ,•A.,. ~ .. City of ?'WlieatRi_..dge PLANNING COMMISSION Minutes of Meeting May 3, 2012 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:00p.m . in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: StaffMembers Present: 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA Alan Bucknam Monica Duran Tracy Guildner Dick Matthews Scott Ohm Steve Timms Amanda Weaver Anne Brinkman Ken Johnstone, Community Development Director Meredith Reckert, Sr. Planner Sarah Showalter, Planner II Ann Lazzeri , Recording Secretary It was moved by Commissioner MATTHEWS and seconded by Commissioner TIMMS to amend the agenda as follows: Move Agenda Item 9 (election of officers) to Agenda Item 8. Motion carried 7-0. S. APPROVAL OF MINUTES -April S, 2012 It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the minutes of AprilS, 2012 as written. Motion carried S-0 with Commissioners BUCKNAM and GUILDNER abstaining. Planning Commission Minutes Attachment 3 - 1 -May 3, 2012 6. PUBLIC FORUM There were no members of the public present. 7. PUBLIC HEARING A. Case No. WZ-12-02: An application filed by IBC Denver II, LLC for approval of a zone change from Planned Industrial Development (PID) and Light Industrial (0 to Mixed Use Commercial TOD (MU-C TOD) for property located at 5060 Ward Road. The case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff concluded that the property is currently under-utilized, changing conditions in the area will dramatically impact the development viability of the property and zone change evaluation criteria support the request. Therefore, staff gave a recommendation of approval. In response to a question from Commissioner TIMMS, Ms . Reckert explained there is a small overlap from the TOD station and RTD is negotiating with the landowner to acquire this small piece. Ken Johnstone stated that the proposed Park-N-Ride is proposed to be decommissioned . However, several bus bays are planned to provide for commuter access to light rail. In response to a question from Commissioner MATTHEWS, Mr. Johnstone explained that surface parking is planned. However, there will be opportunity for structured parking in the future. In response to questions as to how the zoning would impact businesses to the south. Ms. Showalter explained those businesses will not change because that area is not being rezoned. Brian Mott 1101 West 481h Avenue, Denver Mr. Mott, the applicant, stated that he had nothing to add to the staff report other than he was excited to be applying for a rezone that is consistent with the City's vision. In regard to questions about the small piece of property on the east side, he stated that it is .9 acres in size and RTD plans to acquire it. The zoning should have no impact on appraisal of the land . Chair BUCKNAM asked if anyone wished to address the Commission at this time. Hearing no response, he closed the public hearing. It was moved by Commissioner GUILDNER and seconded by Commissioner MATTHEWS to recommend approval of Case No. WZ-12-02, a request for Planning Commission Minutes -2-May 3, 2012 approval of a zone change from Planned Industrial Development (PID) and Light Industrial (l) to Mixed Use-Commercial Transit Oriented Development (MU-C TOD) for property located at 5060 Ward Road for the following reasons: 1. The property is currently underutillzed. 2. Construction of the Gold Line commuter rail station will dramatically change the development potential of this property. 3. The rezoning request is consistent with the Northwest Subarea Plan, the 1-70/Kipling Urban Renewal Plan and Envision Wheat Ridge. 4. The evaluation criteria support approval of this request. Motion carried 7-0. 8. OTHER ITEMS A. Election of Officers Steve Timms was elected to serve as Chair. Anne Brinkman was elected to serve as Vice Chair. 9. ADJOURNMENT It was moved by Commissioner MATTHEWS and seconded by Commissioner TIMMS to adjourn the regular meeting at 7:37p.m. and go into study session. Motion carried 7-0. 10. STUDY SESSION A. Architectural and Site Design Manual The purpose of the study session was to hold discussion and receive input on staff's proposed changes to the Manual. The Commission was in agreement with the proposed changes. There were some suggestions that more articulation for a longer far;ade or a building set back from the street could be required. Perhaps facade articulation should be 20% of the required setback but not less than a foot. The study session was adjourned at 8:00 p.m. Ann Lazzeri, Rec r mg Secretary Planning Commission Minutes -3-May 3, 2012 \J~ .... " .., City of ~WheatRi_dge ITEM NO :~ DATE: July 9 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: 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 (CASE NO. WZ-12-03/PATRICK NICHOLS & ASSOCIATES) I:8J PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (06111 /2012) I:8J ORDINANCES FOR 2N° READING (07 /09 /2012) I:8J YES D NO iJ~ ISSUE: In September of 2010 , City Council adopted new mixed use zone districts which are intended to create a streamlined development review process , allowing higher density , mixed use development and with a range of land uses , including residential. The applicant requests approval of a zone change from Residential-Two (R-2) to Mixed Use - Neighborhood (MU-N) for property located at 4695 Wadsworth Blvd. The zone change is the first step of the process for approval of reuse of this site with mixed use zoning. If approved and prior to construction of any new structures , a site development will be required meeting the standards in the mixed use zone. PRIOR ACTION: Planning Commission reviewed this request and recommended approval at a public hearing held on May 17 , 2012. A motion was made for approval for the following reasons: Case No. WZ-12-0 3/P atri ck Nic hols Council Action Form July 9, 2012 ~age2 1. The property is not desirable for low density residential use due to adjacency of Wadsworth Blvd. 2. The proposed zone change and reuse of the existing structure will provide a land use transition between Wadsworth and the neighborhood to the west. 3. The evaluation criteria support approval of this request. 4 . The property is currently underutilized. There were no recommended conditions of approval. Five comment letters were submitted regarding this request. Four letters are attached as Exhibit 4 of the Planning Commission report. Another letter was received subsequent to distribution of the Planning Commission packet which is included as Attachment 4 to this report. FINANCIAL IMPACT: One-time fees for the zone change were submitted for the application in the amount of $600. If the property is redeveloped , there could be an advancement of the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The property is located at the southwest comer of W . 47th A venue and Wadsworth Boulevard and is zoned Residential-Two (R-2) which allows primarily one and two-family dwellings based on lot size and width. The subject parcel is 12 ,482 square feet (0 .29 acres). The property has on it a two-story residence originally built in 1947. Access to the lot previously came from Wadsworth , but this access is inaccessible by a split rail fence installed in 2005. An unimproved driveway serves the property from W. 4ih Avenue. The remainder of the lot consists of turf with a few mature trees on the western and southern sides of the lot. The existing home is in a state of disrepair and has a history of noncompliance in relation to building codes, nuisance codes , and permit requirements. The applicants currently own and operate the business Modmood and Retro Consignment located at 7700 W. 441h A venue in Wheat Ridge. They specialize in mid-century modem design furnishings and decor. Among the services they offer is a design center for commercial and residential customers. The applicants are seeking to expand the design center and showroom components of the business into the subject structure and property. The architecture of the existing home is mid-century modem, which complements the Modmood aesthetic. The applicants intend to preserve the home's historic and architectural value. Wadsworth Boulevard is a major, regional commercial corridor that can carry an estimated 50 ,000 cars per day. The surrounding properties include a variety of land uses and zoning designations that reflect the residential roots and commercial transitions within the area. To the north and west are properties zoned R-2 that primarily include single family dwellings. Council Action Form July 9 , 2012 Page 3 Immediately to the south is a parcel zoned Residential-Three (R-3) that includes a single family dwelling. Further to the south are parcels zoned Restricted Commercial (RC) and Neighborhood Commercial (NC) with uses being the Arapahoe House and an office building. Across Wadsworth to the west are residential and commercial properties zoned R-2 and RC. It is questionable whether this property is desirable for residential use given the noise and traffic impacts generated by Wadsworth. The proposed MU-N zoning will provide a land use transition between Wadsworth and the low density residential neighborhood to the west. Guiding documents The Neighborhood Revitalization Strategy was adopted by the City as a policy document in 2005. This document identified strategies for the city to become a "community of choice". It established goals for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading housing stock, targeting underutilized commercial properties for redevelopment, redevelopment of the Wadsworth Corridor and adoption of subarea plans. The Wadsworth Corridor Subarea Plan was adopted as an addendum to the Comprehensive Plan in 2007 . It is intended to be used as both a short-term and long-term planning document by providing guidance for the future development and redevelopment of properties along Wadsworth. The property is shown as Commercial on the Recommended Land Uses Map in the subarea plan. Envision Wheat Ridge , the comprehensive plan, was adopted in October 2009 , The property is shown as being a Neighborhood Buffer on the edge of Commercial Corridor. The intent of the Neighborhood Buffer designation is for buffering and transition between low intensity residential areas and higher intensity commercial corridors such as Wadsworth. The application has been through a standard City and outside agency referral process. Upgrades will be required at the expense of the developer upon future redevelopment of the property. The Planning Commission staff report and minutes have been attached for additional background on this application. RECOMMENDED MOTION: "I move 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 second reading, and that it take effect 15 days after the final publication , for the following reasons: 1. The property is not desirable for low density residential use due to adjacency of Wadsworth Blvd. 2. The proposed zone change and reuse of the existing structure will provide a land use transition between Wadsworth and the neighborhood to the west. Council Action Form July 9, 2012 Page4 3. The evaluation criteria support approval of this request. 4 . The property is currently underutilized." Or, "I move to deny 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 for the following reason(s): " REPORT PREPARED BY; Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: I. Council Bill No . 08-2012 2. Planning Commission report 3. Planning Commission minutes 4. Letter submitted TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DAVIS COUNCIL BILL NO. 08 ORDINANCE NO. ___ _ Series of 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) WHEREAS, the City of Wheat Ridge is trying to encourage mixed use zoning and development; and WHEREAS, the zoning and development code was modified to add four new mixed use zoning districts; and, WHEREAS, Patrick Gooch on behalf of Patrick Nichols & Associates has submitted a zone change application to Mixed Use-Neighborhood for property located at 4695 Wadsworth Blvd.; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on May 17 , 2012 and voted to recommend approval of a rezoning of the property to Mixed-Use Neighborhood. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Patrick Gooch for Patrick Nichols & Associates, approval of a zone change ordinance for property located at 4695 Wadsworth Blvd. from Residential-Two (R-2) to Mixed Use-Neighborhood (MU- N), and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, the following zone change is approved for the following described parcel: LOT 29, HILLCREST HEIGHTS SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Prooertv Riahts. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and 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 Attachment 1 City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability . If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances . Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge , which are in existence as of the date of adoption of this Ordinance , the provisions , requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication . 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 July 9 , 2012 , at 7:00 o 'clock p.m ., in the Council Chambers , 7500 West 29 th Avenue , Wheat Ridge , Colorado . READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this gth day of July, 2012. SIGNED by the Mayor on this ___ day of ________ , 2012 . ATTEST : Janelle Shaver, City Clerk 1st publication: June 14 , 2012 2nd publication : Wheat Ridge Transcript Effective Date : Jerry DiTullio , Mayor Approved as to form by City Attorney Gerald Dahl , City Attorney 2 .. 4 ~ ... "' _ .. City of • .. ~Wheat&_,dge ~OMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSIVE PLAN ZONTNG ORDTNA CE Planning Commi ion W Z-12-03/Patric k N icho ls CASE MANAGER: M. Reckert May 17 2012 WZ-12-03/Patrick Nichols, LLC Appro a1 of a zone change from Residentiai·Two to Mixed Use Neighborhood 4695 Wadsworth Greenspring Baptist Church Fellowship Santa Rosa, CA .29 acres R-2 , Residentia1·Two Primary Commercial Corridor/Neighborhood Buffer Area CASE FILE & PACKET MATERIALS DIGITAL PRESENT ATJON Site Attachment 2 All notification and po ting requirements ha e been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a zone change from Re identiai-Two (R-2) to Mixed Use- Neighborhood (MU-N) for property zoned R-2 located at 4695 Wadsworth Blvd. The applicants currently own and operate the business Modmood and Retro Con ignment located at 7700 W. 44th Avenue in Wheat Ridge. They specialize in mid-century modem design furnishings and decor. Among the services they offer is a design center for commercial and re idential customers. The applicants are seeking to expand the design center and showroom components of the business into the subject property. The architecture of the existing home is mid-century modem, which complements the modmo d aesthetic, and also compels the applicants to preserve the home's historic and architectural value. (Exhibit I, AQ licant letter) The zone change to MU-is the first step of the process for approval for adaptive reu e of this site . If approved and prior to construction of any new structures, a site development plan will be required meeting the standards in the mixed use zone districts . II. EXISTING CONDITIONS/PROPERTY HISTORY The property is located at the southwest comer ofW . 47th Avenue and Wadsworth Boule ard. The property is zoned Residential-Two (R-2) and is part of the Hillcrest Heights Subdivision which extends to the south and west. The R-2 zone district allows primarily one and h¥o-family dwellings based on lot size and width . The subject parcel is 12,482 square feet (0.29 acre ). The property ha on it a two-story residence with a basement originally built in 1947. The footprint of the home is unique with the southern third parallel to Wadsworth, the middle third at a 45 angle to Wadsworth and the northwe tern third nearly parallel to 471h Avenue. Access to the lot previously came from Wadsworth, but this access is inaccessible by a split rail fence installed in 2005 . An unimproved driveway serves the property from W. 471h Avenue. The remainder of the lot con ists of turf with a few mature trees on the western and southern sides of the lot. The existing home i in a state of di repair and has a history of noncompliance in relation to building codes, nuisance codes and permit requirements. In December 2003 , a variance application was approved to allow the home to be con erted to a duplex. Ba ed on building pennit record , thi conver ion was ne er completed· there is no certificate of occupancy for any additional dwelling units . Ill. PROPOSED ZONING In September of201 0 City Council appro ed legislation adopting new mixed use zone districts . Prior to that the only provision in the code for mixed use development wa the Planned Mixed Use District (PMUD) requiring a site development plan (concept ODP and specific ODP). This presented challenges to applicant as the planned development approval process is lengthy, unpredictable and expensive, taking around ix months without certainty of the outcome. Planning Commis ·ion 2 WZ-I 2-03/Patrick Nichol The intent for adoption of the new mixed code was to provide a clear predictable and streamlined development process which would establish general development parameters, allowed uses, setbacks and building heights without providing a site plan level of detail. Once rezoned through a public hearing process, the review process for construction would be administrative. The foUowing is a synopsis of the proposed Mixed Use-Neighborhood (MU-N) zone classification: The MU-N district is appropriate along neighborhood streets and at neighborhood commercial centers. It was established to encourage medium density mixed use development but allows for a more limited range of neighborhood-serving commercial and retail uses, in addition to residential. The following matrix designates uses and development parameters for the MU-N zone district. Development parameter Mixed Use -Neighborhood Building height 35' -for residential use 50' -all other buildings Setbacks/landscape buffers Minimum side 0' Minimum rear 5' Min. side and rear adj. to residential 1 -2 story building = 1 0' 3 story building = I 5' 4 story or higher = 20' Development adjacent to residential 6' buffer with 6' screen (fence or upright landscaping) (parkin2 lot buffer) Required open space Mixed use = 1 0%; Single use = 15% Uses Single family/duplex Permitted Multi-family Permitted Community/pubJic buildings Permitted Banks with drive-through Conditional Use Restaurants Permitted Restaurant with drive-through Conditional Use Gas stations Conditional Use Uses with outdoor storage Not permitted Retail sales -up to 20,000 s.f. Permitted Retail sales -up to 60,000 s.f. Conditional Use Office Permitted Architectural standards Fa~ade articuJation , Material variation, Transparency requirements, Build-to lines V. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.0.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met : Planning Commission WZ-12-03/Patrick Nichols 3 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; There is not a mistake on the official city maps. The property is zoned Residential-Two , R-2 . 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, Commercial development along the Wadsworth Blvd. corridor continues to intensify. Wadsworth is one of the heaviest traveled corridors in the metropolitan area . On the city's street classification plan, it is designed as a major regional arterial and carries over 41 ,000 vehicles per day (2009 count). Based on increased traffic and intensification of commercial land uses , Staff concludes that there are changed conditions which make this property undesirable for low density residential use. Staff concludes that this criterion has been met. The Planning Commission shall also fmd that the evidence supports the finding of at least four of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; The following documents are applicable to the property and are to be used for guides when considering zone changes. NEIGHBORHOOD REVJT ALIZA TJON STRATEGY -adopted 2005 This document identified strategies for the city to become a "community of choice". It established goals for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading housing stock , targeting underutilized commercial properties for redevelopment and redevelopment of the Wadsworth Corridor. WADSWORTH CORRIDOR SUBAREA PLAN -adopted 2007 This document is considered an addendum to the Comprehensive Plan for this portion of the city. It is intended to be used as both a short-term and long-term planning document by providing guidance for the future development and redevelopment of properties along Wadsworth . The property is shown as Commercial on the Recommended Land Uses Map in the subarea plan. Other identified goals being met are: • Creating an attractive, welcoming front door to Wheat Ridge • Encourage a gradual increase in density closer to Wadsworth • Facilitate future expansion of Wadsworth by CDOT • Improve streetscape appearance • Improve pedestrian connections • Encourage expansion of existing successful businesses in the City Planning Commi sion WZ-12-03/Patrick Nichol s 4 site lAgend -COMI.ERCIAL .CMC .PARK MEDIUM DENSITY RfSIOENTW. MEDIUM HIGH OEHSITY RESIDENTIAL MEDIUM HIGH OEHSITY MIXED USE I TIWFIC SIGNALS WAOSWORlli ROW 150 FEET VARIOUS lANDMARKS BUilDINGS -PEDESTRIAN CONNECTION STREETS COMPREHENSIVE PLAN: Envision Wheat Ridge -adopted October 2009 The property is shown as being a Neighborhood Buffer (brown on the map below) on the edge of Commercial Conidor (red). The intent of the Neighborhood Buffer designation is for buffering and transition between low intensity residential areas and higher intensity commercial conidors. An identified goal of this designation is to encourage investment and redevelopment of properties . Logically the Primary Commercial Conidor designation relates to Wadsworth Blvd. Wadsworth is the major north-south commercial corridor in the city and is a key target for redevelopment of outdated and underutilized properties. Goals identified with this designation include: • Attracting quality retail development and actively retaining existing retailer • Revitalization of key redevelopment areas with quality design • Creation of recogni zable gateways • Establishment of a resilient and sustainable tax base Planning Comm ission W Z-12-03/Pauick Ni chols 5 Staff concludes that this criterion has been met. b. The proposed change of zone is compatible with the surrounding area and there ' ill be minimal adverse impacts considering the benefits to be derived; Wad worth Boule ard i a major, regional commercial corridor that can carry an estimated 50 000 car per day. The surrounding properties include a variety of land uses and zoning de ignation that reflect the residential roots and commercial tran ition within the area. To the north and west are properties zoned R-2 that primarily include ingle family dwelling . lmmediately to the outh i a parcel zoned Re idential-Three (R-3) that include a ingle family dwelling. Further to the south are parcel zoned Restricted C mmercial (RC) and eighborhood Commercial (NC) with use being the Arapahoe House and an office building. Aero Wadsworth to the west are residential and commercial propertie zoned R-2 and RC . It i questionable whether thi property is desirable for residential use gi en the noi e and traffic impacts generated by Wad worth. The proposed MU-N zoning will provide a land u e transition between Wadsworth and the low den ity residential neighborhood to the we t. Staff concludes that this criterion has been met. Planning ommis ion WZ-12-03/Palrick Nichols 6 c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; There will be economic benefits as a result ofthe zone change. If the property is rezoned to allow retail uses , sales tax will be collected. Zoning and development of the site would support the Neighborhood Revitalization Strategy concerning the redevelopment of the Wadsworth Corridor. There will be physical benefits as the property, which is currently an eyesore will be improved and maintained. New sidewalk will be required to be installed along Wadsworth providing a benefit to pedestrians. Staff co ncludes that this criterion has been m et. d. Adequate infrastructure/facilities arc available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; All agencies can serve the property with upgrades to structure and infrastructure at the time of commercial conversion. Staff concludes that this criterion has been met. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; The design center would initially serve clients by appointment only minimizing traffic impact to the site. The existing residential-style building will remain which means there should be no reduction of light and air to adjacent residential uses. Parking, drainage and buffering for the property will be analyzed at the time of submittal of a site plan. Staff concludes that this criterion has been met . 3. The application is in substantial compliance with the applicable standards set forth in the Architectural a11d Site Desig11 ManuaL This criterion is not applicable since the Architectural and Site Design Manual does not apply in mixed use zone districts . Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING The required pre-application meeting for neighborhood input was held on Februar_x 7 2012. There were four Qersons from the neighborhood in attendance. (Exhibit 2, Neighborhood meeting recap Exhibit 3, sign-up sheet) Planning Commi ion WZ-12-03/Patrick Nichols 7 Attached is corre pondence regarding thi reques t. (Exhibit 4, comment letters) VI. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property . The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Colorado Department of Transportation: Upon redevelopment, COOT will not aJlow acce to Wadsworth Blvd . Renewal Wheat Ridge: Supports the proposed zone change. Xcel Energy: Has no objections to the zone change. Will assess service at time of site plan application. Wheat Ridge Economic Development: Supports the proposed zone change. Wheat Ridge Fire Protection District: Will review at the time of ite plan application for fire access , water supplies and hydrant locations. Wheat Ridge Sanitation District: an serve the property. Wheat Ridge Public Works: Due to the inadequate right-of-way for Wadsworth a 35' right-of-way re ervation will be required . Upon con er ion to commercial , will require the installation of a 6' wide landscape buffer and 6' wide sidewa lk along Wadsworth. Curb and gutter will be required to be installed along W. 47 1h Avenue. Wheat Ridge Police: No concerns with crime or traffic. VII. STAFF CONCLUSIONS A D RECOMMENDATION Staff concludes that there are changing conditions in the area which dramatically impact the residential viability of the property. Staff further concludes that the proposed rezoning and reuse of the existing structure will provide a land use transition between Wadsworth and the neighborhood to the west. Becau e the zone change evaluation criteria support the request , Staff recommends approval of Ca e No. WZ-12-03. VIII. SUGGESTED MOTIONS: Option A: "1 move to recommend APPROVAL of Ca e No. WZ-12-03, a request for approval of a zone change from Residential -Two to Mixed Use -Neighborhood for property located at 4695 Wad worth Bl d ., for the following reason : I. The property is not de irable for lo\ density re idential use due to adjacency of Wadsworth Blvd . Planning ommi · ·ion WZ-12-03/Patrick Nichol s 8 2. The proposed zone change and reuse of the existing structure will provide a land use transition between Wadsworth and the neighborhood to the west. 3. The evaluation criteria support approval of this request." Option 8: "I move to recommend DENIAL of Case No. WZ-12-03 , a request for approval of a zone change from Residential-Two , R-2, to Mixed Use -Neighborhood for property located at 4695 Wadsworth Blvd., for the following reasons : I. 2." Planning Commission W Z-12-03/Patrick Nichols 9 rezoning request 4695 wadsworth avenue wheat ridge co 80033 submitted by jeanne nichols and patrick gooch EXHIBIT 1 rezoning request date: january 10th, 2012 property address: 4695 wadsworth avenue, wheat ridge co 80033 request: zone change from residential 2 (r-2) to mixed use neighborhood (mu-n) applicants: pat gooch and jeanne nichols, have leased the property with an option to purchase the property upon approval of re-zoning. property owners, greensprings have given their consent to pursue re-zoning. scope of the project: our desire to acquire the property and to have it re-zone has multi-faceted. 1. the property is a great architectural and iconic structure in the wheat ridge community. we would like to see the property brought back to life and as a viable and important property, with it 's location in a highly commercialized area with heavy traffiC, the probability of substantial investment into the horne for residential living is highly unlikely. by granting mixed-use status our own personal investment makes it a feasible proposition and a projects we would pursue with passion. 2. our plans are to use this property as an extension of our current business which is currently located at noo w. 44th avenue. modmood's design divisfon is a very strong part of our business and Is looking to expand. the home at 4695 wadsworth is the perfect structure to expand that portion of our business. since the property is and has been a residence the exterior and interior will remain intact except for refurbishment and refinement to house and display residential and design elements. this property will be used as a "show house" for the design and staging services currently provided by modmood. 3. renovation will be made to the exterior structure, surrounding property and the complete interior while incorporating the proper access requirements and upgrades to the structure and property to make it a viable piece of commercial real estate to the wheat ridge community. (see architectural drawings) 4. the use of the building will be low-impact to the surrounding areas as the services and products being showcased will be shown by appointment. generally all activities and business being conducted will occur during normal business hours and possibly into early evening only. modmood studio concept extension of modmood, lie which is currently located at 7700 w. 44th avenue, wheat ridge, co 80033 . the new building and property would house the more custom and design oriented products and finishes which would include the following products and services: modern shed modmood brand of furnishings and finishes outdoor and seasonal living design and custom services: design and consultation draperies bedding flooring kitchen and bath design media/entertainment rooms color and lighting consultations re-upholstery furniture refinishing and repair consulting wall finishes sculptured wall panels wall covering decorative and faux finishes mid-century modern and contemporary house numbers mail boxes railings bio-fuel fireplaces outdoor heating and fire pits garden and patio decorative items media room furnishings we would be aligning ourselves with the following type of consultants and professional services: interior architect landscape architect general contractors colorists upholsterers floor coving companies and contractors drapery workrooms local furniture contractors and designers cabinet fabricators (granite, laminate, quartz, etc) electrical contractors painting contractors deck contractors ~ ~ ~ 4' .... ~ .. City of • ~~Wheat~e ~OMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge. CO 80033-8001 P: 303 .235 .2846 F: 303 .235 .2857 NEIGHBORHOOD MEETING NOTES Date: February 7, 2012 City Staff Present: Meredith Reckert , Senior Planner Location of meeting: Wheat Ridge Municipal building Second floor conference room 7500 W. 29th Avenue Wheat Ridge, CO Property location: 4695 Wadsworth Applicants: Jeannie Nichols and Pat Gooch Property owners: Greenspring Baptist Christian Fel1owship Trust 740 Fourth Street, Suite 202 Santa Rosa, CA 95404-4421 Property Owner(s) present? No Existing Zoning: Residential-Two, R-2 Comprehensive Plan Primary Commercial Corridor/Neighborhood Buffer Area Designation: Applicant's Proposal: The applicants are proposing to rezone the property and convert the residential structure to a commercial design studio. The zone change request is from Residential-Two (R-2) to Mixed Use Neighborhood (MU-N). The a~licants currently own and operate the businesses modmood and Retro Consignment located at 7700 W . 44 A venue in Wheat Ridge. They specialize in mid-century modem design furnishings and decor. Among the services they offer is a design center for commercial and residential customers . The applicants are seeking to expand the design center and showroom components of the business into the property at 4695 Wadsworth . The architecture of the existing home is mid-century modem, which complements the mod:mood aesthetic, and also compels the applicants to preserve the home's historic and architectural value. The design center would initially serve clients by appointment only, which would minimize the traffic impact to the site . Offices for staff are proposed to be located upstairs. Included in the proposal are improvements to the property such as interior finish work, landscaping, and a paved parking area on the north side of the property. The parking area may accommodate up to six vehicles. EXHIBIT2 Additionally, the applicants are the local dealer of Modern-Shed, a company that provides small size structures that feature sustainable materials, modern design , and pre-fabricated construction. The applicants would like to feature one of the structures on the property in a visible location. The current proposal is to locate a small Modem-Shed above the garage as a second story addition. Existing Conditions: The property is located at 4695 Wadsworth Boulevard at the southwest corner ofW . 47th Avenue and Wadsworth Boulevard. The property is zoned Residential-Two (R-2) and is part of the Hillcrest Heights Subdivision which extends to the south and west. Wadsworth Boulevard is a major, regional commercial corridor that carries an estimated 50,000 cars per day. The surrounding properties include a variety ofland uses and zoning designations that reflect the residential roots and commercial transitions within the area . To the north and west are properties zoned R-2 that primarily include single family dwellings. Immediately to the south is a parcel zoned Residential-Three (R· 3) that includes a single family dwelling. Further to the south are parcels zoned Restricted Commercial (RC) and Neighborhood Commercial (NC) that include the Arapahoe House and an office building. Across Wadsworth to the west are residential and commercial properties zoned R-2 and RC. Based on Jefferson County Assessor records , the subject parcel is 12 ,482 square feet (0.29 acres). The property includes a two-story residence with a basement originally built in 1947. The footprint of the home is unique with the southern third parallel to Wadsworth , the middle third at a 45 ° angle to Wadsworth, and the northwestern third nearly parallel to 47th Avenue. Access to the lot previously carne from Wadsworth, but this access has since been closed and is now prohibited by a split rail fence installed in 2005 . An unimproved driveway serves the property from W . 47th Avenue. The remainder of the lot consists of turf with a few mature trees on the western and southern sides of the lot. The existing home is in a state of disrepair and has a history of noncompliance in relation to building codes, nuisance codes , and permit requirements. ln December 2003 , a variance application was approved to allow the home to be converted to a duplex. Based on building permit records, this conversion was never completed ; there is no certificate of occupancy for any additional dwelling units. Members ofthe public present: Four members of the public were present. See attached sign-up sheet. Three letters were also submitted regarding the proposal with commentary. The following issues were discussed: Is the building being demolished? No , we are planning on refurbishing the inside and the property to accommodate an expansion of our business, modmood located at 7700 W. 44111 Avenue WiU the store on 44 1h Avenue be closed? No. the store on 44111 Avenue will not be closed. It has a different function of primarily retail sales than the proposed expansion property which will function more as a design center. There w ill be some outdoor living items for sale in the rear y ard. Where will parking go? An existing curb cut off 41" Avenue will provide the access to the parking area which will be on the north side of the building. Traffic to and from the business will be lo w as it may be "by appointment " only. What about the old access from Wadsworth? Will that be opened back up again? No, the curb cut on Wadsworth will not be allowed for access. 2 Will anyone be living there? What will happen to the trees in the backyard and along the western property line? They will be cleaned up and removed, if necessary. New plant material will be installed to help with buffering for the adjacent single family residence. Will any improvements be required along Wadsworth? The City is requiring installation of a 6' wide tree lawn and a detached sidewalk along Wadsworth. Curb and gutter is already in place. What kind of buffering for the property to the west is required? According to the zoning and development code, when a commercial parking lot is located next to a residential property, a six foot wide buffer with a 6' high fence is required. Will there be any impact on property values in the area? The property has been unmaintained and a rental property for many years. The proposed improvements may be a benefit to the area. 3 February 7, 2012-6 PM Neighborhood Meeting Zone change from R-2, Residential-Two, to MU-N, Mixed Use-Neighborhood on property located at 4695 Wadsworth Blvd. PLEASE PRINT Name Address -wd-cr V/ d rf V1 1 . ~~.~~:z l{ f~ c,~ AvJdll k e~ ' r 2. ' \ 3. f~tt.N -\ ~f./1 L' F f .2..:21'\-/Jti'L L CT-L;.~u b 4. J)ec_/J Ke-{ 'it6b ~t. rf5' '--' ~fL Jlr--d 5. 6. t"') ~ ~ ~ ~ = ~ ~ Meredith Reckert From: Sent: To: Subject: Dear Meredith, info@wadsworthplaza.com Tuesday, May 08 , 2012 2:03 PM Meredith Reckert 4695 Wadsworth Blvd Thank you for your input about the requested zone change to Mixed Use-Neighborhood for the subject address. Since this site is across the street, and visible from my office building at 4800 Wadsworth, any creative re-development would be a welcome change. Therefore, I am in support of changing the zoning as requested. Best Regards, Bill EXHIBIT4 City of Wheat Ridge Community Development Department 7500 W. 29 1h Avenue Wheat Ridge, CO 80033 Attention Meredith RE: Feb. 7, 2012 Zone Change Meeting for 4695 Wadsworth Blvd. Wheat Ridge, CO 80033 Meredith, February 6, 2012 Due to medical tests my doctors scheduled for me on the above date I will not be able to attend the proposed rezoning meeting being held on Feb. 7, 2012 Per our telephone conversation on Feb. 1, 2012 I objected to this rezoning request because in 1972 there was a Hillcrest Heights Subdivision lawsuit that went to the Court of Appeals (enclosed). The Court of Appeals ruling upheld the Hillcrest Heights covenants that state Hillcrest Heights Is a Residential family subdivision. The property at 4695 Wadsworth is in this subdivision. Any rezoning by the city of Wheat Ridge, other than the one the court allows, would not be in compliance with the court of appeals ruling. To allow mixed use rezoning at the only entrance off Wadsworth into our residential subdivision would change the character of our subdivision in this area, and the court of appeals ruled Hillcrest Heights is residential. I believe but, am not sure, the present residential zoning allows for certain home businesses thus making it unnecessary to rezone the property. 1 also informed you that several years ago when that property came up for rezoning the Planning Commission and Alan White, the Planning Director did not send the rezoning request onto City Council, as required by city ordinance, as three residents in the 300 foot area of that property, opposed the rezoning at that hearing. I also had a concern as to the safety of the home on that property (that I mentioned at that hearing). After the hearing there was a fire in the home per the Wheat Ridge fire department and we residents were told the home was unsafe and condemned confirming my concern . can Insurance now be obtained that would insure the safety of the general public? I would like to mention the home is on 3 floors and 1 don't believe is handicap accessible in addition to having minimal parking for clients. In conclusion I would like to express my concern to the officials in our city, regarding this property, as to why C. Dot sold back the Wadsworth frontage of this property that they bought in 1959 for $10.00 for the future widening of Wadsworth Blvd to new owners of the property in 2003 knowing they and Wheat Ridge would be requesting funding for the widening of Wadsworth in the very near future. I believe this is a question that taxpayers might want answered if this property is rezoned since it will cost many thousands of dollars to get it back when Wadsworth id eventually widened . The house would probably have to be torn down and there is the big difference between the cost of a residential property and a mixed use property. 1 believe City Council and city officials have been kept in the dark as to the decisions being made by the previous planning dept. and feel they should be informed now, so that they can make honest and fair decisions now and in the future for we residents and not just individuals. I am sure we residents, i ncluding myself would be happy to work with them and not against them if this were so. As you stated, even you, have homework to do on this property as do the petitioners. Sincerely, Patricia Fisher-7609 W . 47th Ave . -Wheat Ridge, CO 80033 Copy Enclosure: Community Development Dept. 7500 West 29th Avenue Wheat Ridge CO 80033 Planners, 7620 West 47th Avenue Wheat Ridge CO 80033 January 30, 201:2 As the adjacent neighbor to the property at 4695 Wadsworth Blvd., I would agree to the change of zoning to MU-N for the pmrpose of providing for a tenant such as modmood, llc. That property shares a fence parallel to Wadsworth the east of my residence. The tall trees are growing over the property and must be pruned drastically to have the fence properly installed. I hope the new owners will oblige me with proper fencing as they are in business, The landscape needs much work. I have waited 14 years for preservation of this neighborhood. The present condition of this lot is an eyesore! As an advocate of historic renovation, I will try to change the landscape rustic charm to organic modern. My home is an example of mid-century style. Our Block of West 47th Avenue is the only R-2 properties available, A ~ge zoning at the corner should be okay with the other neighbors, I think the se~~ damaged and needs relining at least. The electricity and phone lines are above ground. Gas is available too. Water is for a single family residence. The paths around the property are dangerous to pedestrains as is. Pavements on the east and sides will be necessary. Oddly the city has detoured trucks from Wadsworth going south (C0183) onto West 47th Avenue to no avail, Street traffic is gnarled at times during rush hours. I think the storm drainage grates are in total disrepair and are hazardous in every direction. In no way can redevelopment of this lot detract from the area, I hope that owners will be more co-operative than the tenants have been. Dogs are not my property is habitat to birds, squirrels and cats. I do wish '1RETRO" much luck with this endeavor, Pat Gooch and Jeanne ~ichols Patrick Nichols Associates Respectfully, Michael V. Fratini 303-667-4454 fratini,michael @yahoo " --t ~e& 1 sL _ c:iOI~ I -----:JS'-~he ----~--------------,------------, ____ , _________ _ ·--. --~~rj-4-'~ ~ ~h-e f~~ ~·-~ ......__ __ -- --£9-W-Y----'-s-C.t.)..Q c oU...,... 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ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: StaffMembers Present: 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA Anne Brinkman Monica Duran Tracy Guildner Dick Matthews Scott Ohm Steve Timms Amanda Weaver Alan Bucknam Meredith Reckert, Sr. Planner Lauren Mikulak, Planner I Ann Lazzeri , Recording Secretary It was moved by Commissioner MATTHEWS and seconded by Commissioner GUILDNER to approve the order of the agenda. Motion carried 7-0. 5. APPROVAL OF MINUTES-May 3, 2012 It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the minutes of May 3, 2012 as written. Motion carried 6-0 with Commissioner BRINKMAN abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Attachment 3 Planning Commission Minutes - 1 -May 17 ,2012 7. PUBLIC HEARING Prior to introduction of this case, Commissioner OHM made a motion to recuse himself from bearing the case because he has done work for the applicants in the past and the applicants are his neighbors. The motion was seconded by Commissioner DURAN. The motion passed unanimously. Commissioner OHM left the Council Chambers following the vote. A. Case No. WZ-12-03: An application filed by Patrick Nichols & Associates for approval of a zone change from Residential-Two (R-2) to Mixed Use- Neighborhood (MU-N) for property located at 4695 Wadsworth Boulevard. This case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She entered a letter received from Michael V. Fratini , 7620 West 47th Avenue, asking that the zoning change be delayed until 2021. She reviewed the staff report and digital presentation. Staff recommended approval for the reasons outlined in the staff report. In response to a question from Commissioner DURAN , Ms. Reckert stated there is room for 6 or 7 parking spaces on the property, howev er there is no site plan at this time. If zoning is approved , access will be from 47 1h Avenue and expanded to meet commercial standards. Commissioner BRINKMAN expressed concern about requirements that will create an island of curb and gutter along Wad sworth . Ms . Reckert explained that Public Work s is requesting a six-foot landscaping strip with a six-foot sidewalk to prevent pedestrians from walking so close to Wadsworth and to prepare for possible future widening of Wadsworth. Curb and gutter is also being required to the end of the western edge of the property on 4 7'h A venue for drainage accommodation and a defined edge for street parking. Further, if fire hydrant installation should be required by the fire district , the property owner will be responsible for the expense. Commissioner BRINKMAN inquired about a letter that referred to a court of appeals case and that suggested this case cannot be heard. Ms. Reckert explained that the letter referred to protective covenants put in place in the 1940's that limited the property to residential use. There was a case in the 1970 's where the court upheld the covenants. The city has no jurisdiction to enforce covenants. It would take agreement of over one hundred property owners to bring suit against the applicant and there has only been one person who expressed opposition. Commissioner GUILDNER asked about comments in a letter that Wadsworth will be widened in 2020. Ms . Reckert stated that this is erroneous information . She explained that as a part of the Wadsworth Corridor Subarea Plan , Wadsworth would be widened which is the reason Public Works requested a reservation for sidewalk , etc. However, there are no state or federal funds available for the project at this time . Planning Commission Minutes -2 -May 17 ,2012 In response to questions from Commissioner TIMMS , Ms. Reckert stated that the Building Department has been very involved with this property in the past and is working with the applicant at this time. The requested zoning would allow both commercial and residential uses . Commissioner TIMMS asked about a letter that referenced previous attempts to rezone the property. Ms. Reckert explained that a previous property owner came in several years ago asking for a lot size variance which was denied. The owner then obtained a quit claim deed from CDOT for a two-foot addition to the property, however the process to convert the building to a two-family dwelling never happened. There has been no prior application to rezone the property. Commissioner BRINKMAN asked if future businesses such as a drive-through or a gas station could be built on the site. Ms. Reckert explained that the limited lot size and location at the crest of the hill on Wadsworth would restrict much of what could happen on the site. In response to a question from Commissioner WEAVER, Ms. Reckert explained that new commercial uses are required to have off-street parking. Street parking could also occur. Jeanne Nichols Patrick Gooch 3863 Allison Circle, Wheat Ridge Ms. Nichols and Mr. Gooch are the applicants in this case. Ms. Nichols explained that , with the assistance of Wheat Ridge 2020 and the Wheat Ridge Business District, they received a CDBG grant to make improvements to their existing business at 7700 W . 44 111 A venue. They are hopeful this beautiful building will make a great entrance into Wheat Ridge from south-bound Wadsworth. They plan to use the building for their design business which has grown tremendously. The building would continue to look like a home while functioning as a business. They presently operate the modmood business on 38 1h Avenue. Mr. Gooch stated that they strongly believe in recycling and are willing to invest in the building and believ e it will be an asset to the city. They have a strong desire to expand their business in Wheat Ridge. He submitted a drawing into the record showing proposed parking spaces on the property. An engineering report assessing the existing structure will not be done unless the zoning is approved. Commissioner BRINKMAN asked where they would store the Modern Shed models. Mr. Gooch replied that this hasn't been decided yet. Ms. Nichols stated the model would be placed on a portion of the back yard to demonstrate how they can be used. Chair TIMMS asked to hear from members of the public . There was no response and the public hearing was closed. Planning Commission Minutes -3 -May 17 ,2012 It was moved by Commissioner WEAVER and seconded by Commissioner DURAN to recommend approval of Case No. WZ-12-03, a request for approval of a zone change from Residential-Two to Mixed Use-Neighborhood for property located at 4695 Wadsworth Boulevard, for the following reasons: 1. The property is not desirable for low density residential use due to adjacency to Wadsworth Boulevard. 2. The proposed zone change and reuse of the existing structure wilJ provide a land use transition between Wadsworth and the neighborhood to the west. 3. The evaluation criteria support approval of this request. Motion carried 6-0. Commissioner BRINKMAN requested staff to get back to the individuals who wrote letters of opposition that were based on erroneous information and presumptions . Ms . Reckert stated that she would contact Mr. Fratini. However, she has already spoken at length with Ms. Fisher. Commissioner MATTHEWS stated his support of the motion because the proposed application will result in an improvement to the neighborhood. Commissioner TIMMS stated his support of the motion because he didn't believe residential is the best use for this property. He also expressed appreciation for the applicants ' investment in the city. Motion carried 6-0. (Commissioner OHM returned to the council chambers at 7:54p.m.) B. Case No. ZOA-12-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the planned development district regulations and private zone changes and making certain amendments to Chapter 2 in association therewith. This case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons outlined in the staff report. The revisions separate the zone change procedure 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. Planning Commission Minutes -4 -May 17 ,2012 Following review and discussion by the Commission, Chair TIMMS closed the public hearing as no members of the public were present. It was moved by Commissioner OHM and seconded by Commissioner BRINKMAN to recommend approval of the proposed ordinance amending Chapter 26 concerning the planned development district regulations and private zone changes and making certain amendments to Chapter 2 in association herewith. Motion carried 7-0. 8. OTHER ITEMS There was no further business to come before the Commission. 9. ADJOURNMENT It was moved by Commissioner MATTHEWS and seconded by Commissioner GUILDNER to adjourn the meeting at 8:20 p.m. Motion carried 7-0. Steve Timms, Chair Ann Lazzeri, Recording Secretary Planning Commi ssion Minutes -5 -May 17,201 2 (!A'5€. JJO 'v/2 -12 -03 c JJ"T"EI!.:G-rJ 1111 ro (?E c ol? D /Jr P£~111/1 1 1<1 6-<2..o t11,,11S.S tON /t!G E r 1.1JG--!5.-17 -/2. City of Wheat Ridge Planning Commission 7500 West 29th Avenue Wheat Ridge CO 80033 Dear sir, 7620 West 47th Avenue Wheat Ridge CO 80033 May 13, 2012 This letter regards Case No. WZ-12-03 on a property adjacent to my residence and within 100 feet of same. I have lived at my address as the owner for more than 14 years. I do not fully agree to the zoning change at this time. Firstly the property on the corner of West 47th Avenue and Wadsworth Blvd. here in Wheat Ridge is a small lot. In a previous zoning change request, it was deemed unsuitable for two-unit residence under R-2 zoning. Only a single family can reside there. The upper level is unuseable under R-2. The yard space is not sufficient for more people to reside there. The condition of the property is still deplorable. Second it was also established that a 3-foot wide path along Wadsworth Blvd. ac- tually belongs to the City of Wheat Ridge and cannot be used in any measurement of this property. It is poorly maintained and is hazardous to pedestrians and bicycle riders. People over 15 years of age have to ride along the path because it is too dangerous to ride in a lane of Wadsworth Blvd. which is a Colo~ado highway. The DOT is planning to widen the road and provide more lanes in the near future. It is part of Wadsworth 2020 which your office has planned. Lastly, I reminded the Commission in a previous letter that the storm drains north and south of this property a re old and worn. The grates may collapse under pressure of a passing vehicle. Also the lot is ·on a hill in Hillcrest Heights so all excess water will flow down towards Johnson Park and Clear Creek. For all these reasons, this zoning change should be delayed until 2021 when the project is complete and the business well established at this location. Respectfully, ~tfd~ Michael V. Fratini 303-667-4454 fratini.michael @yahoo.com ATTACHMENT 4 ~~~-~ .. _ ... City of • JP'Wheat~dge ITEM NO:~ DATE: July 9 , 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 ISSUE: D ORDINANCES FOR I ST READING (6/25/2012) [g) ORDINANCES FOR 2 N° READING (7 /9/2012) D YES 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-12-0 1 I Pl anned Develo pmen ts Council Action Form July 9 , 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 are attached. City Council approved the ordinance on first reading on June 25 , 2012. 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 of private 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 (FDP) is reviewed administratively for approval of final design and engineering. Ca e No. ZO A-12-0 1 I Pl ann ed Deve lo pment s Council Action Form July 9 , 2012 Page 3 Option 2: An optional two-step process includes two subsequent applications: first a conceptual outline development plan to establish the planned development zoning 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 (SDP) 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 z one 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. Ca e No. ZOA-12-01 I Planned Developments Council Action Form July 9, 2012 Page4 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 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. The attached table compares the current and proposed processes. Organization In addition to establishing an improved and expedited review process, Article III is reorganized in the proposed ordinance to provide clarity for readers. Several sections have been given new titles that more clear! y 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- 302.8) discusses the sequence of related applications, including the outline development plan , specific development plan , and subdivision applications; this infonnation 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 (26-303.0) 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 under 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 Ca e No . ZOA-1 2-0 1 I Planned Developments Council Action Form July 9 , 2012 Page 5 procedure into one section and more clearly state when a private zone change applies, versus when a planned development is required. Sec. 2-60 (Planning commission) Chapter 2 (Administration) ofthe code of laws 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 ofthe 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 second reading, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 1 0-2012 , 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. Planning Commission meeting minutes excerpt -May 17 , 2012 3. Council Bill No. 10-2012 Case No. ZOA-12 -0 I I P lanned D evelopments COMPARISON TABLE The following table compares the current and proposed review process associated with planned developments. The specific development plan (SOP) 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/Rig_ht-of-way Permit X * If the ODP and SOP are submitted separately, Planning Commission is the final authority on the SOP; 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. ""' .. c • E .c (,) ca i It was moved by Commissioner WEAVER and seconded by Commissioner DURAN to recommend approval of Case No. WZ-12-03, a request for approval of a zone change from Residential-Two to Mixed Use-Neighborhood for property located at 4695 Wadsworth Boulevard, for the following reasons: 1. The property is not desirable for low density residential use due to adjacency to Wadsworth Boulevard. 2. The proposed zone change and reuse of the existing structure will provide a land use transition between Wadsworth and the neighborhood to the west. 3. The evaluation criteria support approval of this request. Motion carried 6-0. Commissioner BRINKMAN requested staff to get back to the individuals who wrote letters of opposition that were based on erroneous information and presumptions. Ms. Reckert stated that she would contact Mr. Fratini. However, she has already spoken at length with Ms. Fisher. Commissioner MA ITHEWS stated his support of the motion because the proposed application will result in an improvement to the neighborhood. Commissioner TIMMS stated his support of the motion because he didn't believe residential is the best use for this property. He also expressed appreciation for the applicants' investment in the city. Motion carried 6-0. (Commissioner OHM returned to the council chambers at 7:54p.m.) B. Case No. WA-12-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the planned development district regulations and private zone changes and making certain amendments to Chapter 2 in association therewith. This case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons outlined in the staff report. The revisions separate the zone change procedure 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. Planning Commission Minutes -4 -May 17,2012 Attachment 2 Following review and discussion by the Commission, Chair TIMMS closed the public hearing as no members of the public were present. It was moved by Commissioner OHM and seconded by Commissioner BRINKMAN to recommend approval of the proposed ordinance amending Chapter 26 concerning the planned development district regulations and private zone changes and making certain amendments to Chapter 2 in association herewith. Motion carried 7-0. 8. OTHER ITEMS There was no further business to come before the Commission. 9. ADJOURNMENT _// It was moved by Commissioner MATTHEWS and seconded by Commissioner GUILDNER to adjourn the meeting at 8:20 p.m. Motion carried 7-0. _.. Steve Timms, Chair Ann Lazzeri, Recor g Secretary Planning Commission Minutes -5-May 17,2012 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER STITES 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 add itional 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 crea ted. There is hereby created a planned deve lopment 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 3 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 (ODP) 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 26-109 .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 recommendations using the review criteria set forth below in section 26-303 .0 . 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 the 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 section 26 - 303.0. 6. City counc il review. City council shall review and decide upon all requests for approval of an outline development plan , upon recommendation of the planning comm issio n fo r approva l, approval with conditions , or for den ial. 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 publ ic hearing. City council , in addit ion to considerat ion of the plann i ng 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 approva l, 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 outline 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 counci l and city council shall recons ider its approval. A one-time , th irty-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. 1 O.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 , w ith north arrow and scale. d . Own e rship/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" = 1 00 '). 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 partic ipate in a preapplication conference , as described in section 26-104. 2 . Application 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 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 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" = 1 00'). 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 PRO 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 (1 0) 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. 8. 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 D 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 phys ical character of the surround ing 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 facilit ies 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 considerat ion 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 ~ .t! Hs URA (SOP) Planned De\>'elopment: Final X A YAA De•t«elopment Plan (FOP) Planned Development: Outline X X H H URA Development Plan Amendment PLANNED DEVELOPMENT: SPECIFIC DEVELOPMENT PLAN ~ 8 .t! 8 AMENDMENT Planned Development: Final X A YAA Development Plan Amendment Rezoning, Private X X H H URA [ ... ] Notes ART Ill 2 ART Ill ART Ill ART 111 2 ART Ill ART 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 (10) acres in size or larger. 6 CITY COUNCIL REVIEW IS REQUIRED FOR A SPECIFIC DEVELOPMENT PLAN ONLY IF ODP AND SOP APPLICATIONS ARE SUBMITTED CONCURRENTLY. PLANNING COMMISSION IS THE FINAL AUTHORITY FOR AN SOP SUBMITTED 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 de'lelopment 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: It, in accordance with the provisions of section 26- 112J. a-M 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 official 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 fiRa! OUTLINE development plan, require amendment of the #Rat 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 approval of subdivision plats PROCEDURES OUTLINED IN CHAPTER 26 , ARTICLE Ill. (h) Preliminary subdi'lision plats shall be heard and approved by the planning commission through a public hearing with notification based on the requirements of the subdivision regulations . (i) After holding a public hearing on MAJOR Mat subdivision plats , the planning commission shall make a recommendation to the city council , with final action taking place at the city council. Public heari ngs shall be conducted following procedures outlined in the subdivision regulations . U) Public hearings shall be held for special use permits '.vhich appr0\1e 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 action shall be taken by the city council following the procedures for changes to the zoning map. Section 13. Severability; Conflicting Ordinance Repealed . If any section , subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 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 7 to 0 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 th 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: June 28, 2012 2nd publication: Wheat Ridge Transcript: Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald Dahl, City Attorney 27 .,.I. A~ -~ .,. City of • JP'WheatRLdge ITEM NO: {p. DATE: July 9 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2012 AN ORDINANCE DISCONNECTING LAND LOCATED IN SECTION 15, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, FROM THE CITY OF WHEAT RIDGE MUNICIPAL BOUNDARY (CASE NO. ANX-12- 01/TOMLINSON PARK) D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS [8J ORDINANCES FOR 1ST READING (07/09/2012) 0 ORDINANCES FOR 2 ND READING (08/13 /2012) QUASI-JUDICIA [8J YES _Q~ City Manager ISSUE: In 2004 the Cities ofWheat Ridge and Arvada entered into an Intergovernmental Agreement (IGA) for the purpose of cooperative planning and revenue sharing in regard to the Arvada Ridge Project in Arvada at West 501h Avenue and Kipling. The IGA outlines required improvements to streets in the area and the Columbine Basin Storm Drainage system. The IGA established reciprocal plan review obligations and project reimbursement to the City of Wheat Ridge. In addition, the IGA implemented a revenue sharing schedule committing the City of Arvada to remit to Wheat Ridge an annual payment of $1 00,000 for a period of eighteen consecutive years to mitigate impacts to the City ofWheat Ridge Public Works and Police Department. T here have bee n infrastructure improvements in the vicinity consi stent with the IGA including the realignment of Miller Street, relocation of the 1-70 frontage road 's connection to Kipling Street by the construction of 501h A venue and improvements to Kipling Street. There have also bee n Case No.ANX-12-0lffomlinson Park Disconnectio n Council Action Form July 9, 2012 Page2 improvements constructed which implement a portion of the Columbine drainage basin and accommodate drainage from the Arvada Ridge project. One of the conditions required by the City of Wheat Ridge regarding maintenance of these drainage facilities included disconnection of a portion of the channel adjacent to Tomlinson Park at 50th and Garrison with subsequent annexation by the City of Arvada. The park is already owned and maintained by the City of Arvada. Adoption of the attached council bill on first reading sets the public hearing to consider the disconnection of this property for August 13, 2012. PRIOR ACTION: An IGA obligating both the City of Wheat Ridge and Arvada to certain improvements impacting the Arvada Ridge property was approved by City Council in May of2004. One of the final actions requires disconnection of the drainage channel adjacent to Tomlinson Park by the City of Wheat Ridge and subsequent annexation by the City of Arvada . FINANCIAL IMPACT: No fees were collected for this process. If the property is disconnected from the City of Wheat Ridge and annexed by Arvada, the obligation for maintenance will be the responsibility of Arvada. RECOMMENDED MOTION: "I move to approve Council Bill No . 12-2012, an ordinance di sconnecting land located in Section 15 , Township 3 South, Range 69 West ofthe Sixth Principal Meridian, County of Jefferson, State of Colorado from the City of Wheat Ridge Municipal Boundary on first reading, order it published , public hearing set for Monday, August 13 , 2012 at 7:00p.m. in City Council Chambers, and that it take effect upon recordation of the disconnection plat." Or, "I move to postpone indefinitely Council Bill No. 12-2012, an ordinance disconnecting land located in Section 15 , Township 3 South, Range 69 West ofthe Sixth Principal Meridian, County of Jefferson, State of Colorado from the City of Wheat Ridge Municipal Boundary for the following reason(s) " REPORT PREPARED BY: Meredith Reckert, Senior Planner Kenneth Jolmstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 12-201 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ Council Bill No. 12 Ordinance No. ----Series of 2012 TITLE: AN ORDINANCE DISCONNECTING LAND LOCATED IN SECTION 15, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, FROM THE CITY OF WHEAT RIDGE MUNICIPAL BOUNDARY (CASE NO. ANX-12-01/TOMLINSON PARK) WHEREAS, C.R.S. § 31-12-501 permits the City to disconnect property lying within and adjacent to the boundary of the City upon application by the owner thereof; and WHERAS, the City of Arvada is the sole owner of a tract of land lying within and adjacent to the boundary of the City of Wheat Ridge; and WHEREAS, the City of Arvada has made application to the City Council for disconnection of said property from the City; and WHEREAS, the City Council has given due consideration to the application and is of the opinion that the best interests of the City of Wheat Ridge will not be prejudiced by the disconnection of such property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Property disconnected from City The following real property is hereby disconnected from the City of Wheat Ridge: As described on the attached Exhibit A (legal description) and Exhibit B (disconnection map). Section 2. Effective date This ordinance shall be immediately effective upon the filing with the Jefferson County Clerk & Recorder of two certified copies hereof. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this 9th day of July, 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 August 13, 2012, at 7 :00 o'clock p.m., in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado . Attachment 1 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 131h day of August, 2012. SIGNED by the Mayor on this ___ day of ________ , 2012. Jerry DiTullio, Mayor ATIEST: Janelle Shaver, City Clerk APPROVED AS TO FORM: Gerald E. Dahl , City Attorney Approved on first reading : ___________ _ Published by title only: ------------- Approved on second reading : __________ _ Published by title only -------------- 2 EXHIBIT A A parcel being a portion of Parcel 7 as described in special warranty deed to the City of Arvada at Reception No. 2007107818, said parcel also being a portion of the 100 foot strip previously owned by Public Service Company of Colorado (PSCO) as described in Book 722, Page 172 (Reception No. 1951504886) and situated in the Northeast One- Quarter of the Southwest One-Quarter (NE~.SW~) of Section 15, Township 3 South, Range 69 West, of the Sixth Principal Meridian, in the City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: All of the NE~.SW~ of said Section 15 lying within the corporate limits of the City of Wheat Ridge as described at Reception No. 2009001396 and lying north of the northerly boundaries of Independence Business Park Subdivision and Garrison Lakes Subdivision as described at Reception Nos. 82027733 and 83051003, respectively . The parcel described above contains a total area of 3.1 acres, more or less. 3 EXHIBIT B Disconnection Map 4 N W+E s Not to Scale LEGEND ~ = Current Boundary Between the City """'" of Asvade and the City of Wheat Ridge ~ =Area to be Dlsconnectad from the ~ City of Wheel Ridge • Proposed Boundary Between the City ,. • • • of Asvade and the City of Wheat Ridge NOTES; 1) Thla Is not a monumentad survey 0< land aurvey pial 2) All -.. Pages, end Reception Nos. refer 10 records of the Jellerson County Cieri< and Recorder. 3) Thla parcel represents a portion of the 100 toolatrtp previously owned by PSCO as desaibed In Boolt 722, Page 172 (Reception No. 195150<886). The nol1her!y boundary thereof "' the boundary ClOfm10n to the cities of Wheat Ridge and Arvada as detcribed at Reception Nos. 73611158 and 2009001396, reSI>8CIM!Iy, and the ..,._rty bowldary thereof is the boundary common 10 the nol1her!y boundaries of independence Business Part< and Garrison Lakes subdivisions as described at Reception Nos. 82027733 and 83051003, respedfvely. 4) Area to be conveyed by separate dead to the Clty of Wheat Ridge for otreet right-of-way. 5) Tolal Area ol Disconnection • 3 .1 acres, more 0< le .. Total Pert meter • 2 ,903 feet Total Conllguous Perimeter= 1,481 feet (to the Clty ol Wheat Ridge exterior boundary) EXHIBIT B Arvada Channel, Parcel 7 Disconnection NW cor. NEY., SW'/., Sec. 15 City ofWheot Ridge Rec. No. 2009001396 (oeeNote4) City of Arvada (Tomlinson Part<) Bk. 2513, Pg. 362 Rec. No. 73572501 City of Arvada Annexation Ora. 1591 Rec. No. 79088347 City of Arvada Annexation ora . 2172 Rae. No. 850574n ~ '~ ... "" ~ ... City of • :?WheatRL_dge ITEM NO: 7. DATE: July 9, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 36-2012 - A RESOLUTION BEGINNING A CITY-INITIATED REZONING OF PROPERTY LOCATED AT 7750 THREE ACRE LANE TO MIXED USE- COMMERCIAL (MU-C) D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING ~ YES D NO Jl~4 In 2011 , City Council approved a legislative rezoning ofthe Wadsworth Corridor to Mixed Use- Commercial (MU-C). It has come to staffs attention that a parcel just west of Wadsworth at 7750 Three Acre Lane was inadvertently excluded from the zone change process. Staff has met with the property owner to explain the error, and the owner has requested that the parcel be rezoned from Residential-Three (R-3) to MU-C , as was originally intended. Approval of the enclosed resolution will formally begin a City-initiated rezoning of the subject parcel. PRIOR ACTION: City Council approved Ordinance 1496 in July 2011 to legislatively rezone the Wadsworth Corridor to Mixed Use-Commercial (Case No. WZ-11-03). In early 2012 , staffrealized the subject parcel was inadvertently left out of the rezoning area. TI1is information was presented to City Council at a study session on June 4 , 2012 at which time staff was directed to proceed with the zone change process. FINANCIAL IMPACT: The proposed rezoning is not expected to have a direct financial impact on the City. The rezoning may, however, expand development opportunities for the property, which promotes the City's economic development goals . Council Action Form July 9 , 2012 Page 2 ... BACKGROUND: The City's adopted plans , including Envision Wheat Ridge (2009) and the Wadsworth Subarea Plan (2007) call for mixed use, higher density redevelopment along Wadsworth Boulevard . In particular, the plans call for a mixed-use town center along Wadsworth between W. 38th and W . 441h Avenues , with a variety of retail , commercial , civic, and residential uses. To this end , the City rezoned the Wadsworth corridor to Mixed Use-Commercial (MU-C) in July 2011 after a series of public meetings and hearings. The rezoning boundary was intended to include all parcels within the Wadsworth urban renewal area , consistent with a 2009 charter amendment which exempts these urban renewal properties from certain height and density caps. The parcel at 7750 Three Acre Lane was inadvertently left out of the City-initiated zone change. Staff discovered the omission when an agent contacted the City regarding development options for the property. The subject parcel is 1.15-acres, undeveloped , and zoned Residential-Three (R-3). The Wadsworth Urban Renewal Plan, originally adopted in 2001 , indicates that that the subject property is definitively included in the urban renewal area (URA). At some point in the last 10 years , however, a digital boundary file of the URA was incorrectly drawn , did not include the subject parcel , and resulted in the property not being rezoned. Staff met with the property owner to explain the error, and the owner has requested that the subject parcel be rezoned to MU-C, as was originally intended. A City-initiated rezoning of the parcel will correct the omission, increase development opportunities for the property, and fulfill the original intent of the corridor rezoning. RECOMMENDATIONS: Staffrecommends approval ofResolution 36-2012. RECOMMENDED MOTION: "I move to approve Resolution No. 36-2012 , a resolution beginning a City-initiated rezoning of property located at 7750 Three Acre Lane to Mixed Use-Commercial (MU-C)." Or, "I move to postpone indefinitely Resolution No. 36-2012, a resolution beginning a City-initiated rezoning of property located at 7750 Three Acre Lane to Mixed Use-Commercial (MU-C) for the following reason(s) " REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planner I Kenneth Johnstone, Community Deyelopment Director ATTACHMENTS: 1. Resolution No. 36-2012 2. Maps of Subject Property CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36 Series of 2012 TITLE: A RESOLUTION BEGINNING A CITY-INITIATED REZONING OF PROPERTY LOCATED AT 7750 THREE ACRE LANE TO MIXED USE-COMMERCIAL (MU-C) WHEREAS, the City Council of the City of Wheat Ridge is authorized by Section 26-113 of the Wheat Ridge Code of Laws ("Code") to initiate rezoning of property; and WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the Envision Wheat Ridge comprehensive plan was adopted in 2009; and WHEREAS, both plans recommend that the Wadsworth corridor redevelop over time with a higher density, mixed use development pattern; and WHEREAS, the Wadsworth corridor was legislatively rezoned to Mixed-Use Commercial (MU-C) in 2011; and WHEREAS, the corridor rezoning was intended to include all properties within the urban renewal areas along Wadsworth Boulevard; and WHEREAS, the subject property is within the Wadsworth Corridor Urban Renewal Area but was inadvertently excluded from the 2011 rezoning of the Wadsworth corridor; and WHEREAS, Section 26-113 of the Code requires City Council to begin the process of a city-initiated rezoning by adopting a resolution doing so and referring the matter to the Planning Commission for a public hearing and recommendation, which would be preceded by a neighborhood meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council hereby initiates a rezoning of the property located at 7750 Three Acre Lane to Mixed Use-Commercial (MU-C). DONE AND RESOLVED this gth day of July, 2012. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 The map below , taken from the adopted Wadsworth Urban Renewal Plan (2001), indicates that the subject property at 7750 Three Acre Lane is indeed included in the boundary for the urban renewal area and should have been rezoned to Mixed Use-Commercial (MU-C). Property: Three Acre Lane Attachment 2 8 .. ' The image below shows that at some point the boundary of the urban renewal area was incorrectly drawn into the City 's mapping database , excluding the subject parcel. """ .... , Illite WAD IWOIITH COIIIIJDOII UIIBAN AIIEA ..... ... ,. ..... ..... --~IT fMIE ,....._ ---- ..... The digital file shown above was used as the boundary for the 2011 city-initiated rezoning of the Wadsworth Corridor to Mixed Use-Commercial (MU-C). For that reason , the subject property was inadvertently left out and still zoned Residential-Three (R-3)-instead ofMU-C-as shown in the zoning map below. ). . ~ ....... ~ ~ City of • ?WheatRi__dge ITEM NO: g. DATE: July 9, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 35 -2012 -A RESOLUTION BEGINNING A CITY-INITIATED COMPREHENSIVE REZONING OF PROPERTIES LOCATED ON W. 38TH AVENUE APPROXIMATELY BETWEEN SHERIDAN AND WADSWORTH TO MIXED USE-NEIGHBORHOOD 0 PUBLIC HEARING D BIDS/MOTIONS C8:] RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES City Manager The City's adopted plans , including Envision Wheat Ridge and the 38th A venue Corridor Plan , call for the redevelopment of 38th Avenue with mixed use, pedestrian-friendly development. The current zoning on 38 1h A venue contains outdated development standards and makes compact, mixed use development difficult to achieve. The Mixed Use-Neighborhood (MU-N) zone district, adopted by City Council in 2010 , was designed to promote quality, mixed use development on corridors like 38th Avenue. The resolution would start the process of a City-initiated comprehensive rezoning of properties along 38th Avenue between Sheridan and Wadsworth. PRIOR ACTION: City Council discussed a City-initiated rezoning of 38th Avenue at two study sessions in 2012. First, in January, City Council directed staff to move forward with a City-initiated rezoning using the same process that was used for the rezoning of the Wadsworth corridor. The first step in the process is outreach to property owners , which staff did this spring. At a study session on June 4, 2012 , staff shared the results of the property owner outreach with Council. At that meeting, Council directed staff to remove from the rezoning map those property owners who did not wish Council Action Form July 9, 2012 Page 2 , to be included. In addition, Council proposed a 30-day period to withdraw from the rezoning area after the final ordinance is adopted. FINANCIAL IMPACT: There is no direct financial impact anticipated for the City. However, the intent of the rezoning is to stimulate redevelopment on 38th A venue, which would support the economic development goals of the City. BACKGROUND: 38th Avenue is identified as the community's Main Street and a priority redevelopment area in Envision Wheat Ridge, the 2009 comprehensive plan. The 38th A venue Corridor Plan, adopted in 2011 , calls for rezoning the street to allow for mixed use and residential development. The existing zoning on 38 1h Avenue, which for most properties has been in place since the City's incorporation in 1969, contains outdated development standards and makes residential and mixed use development difficult to achieve. For most sites, the only way to develop compact, higher density buildings -especially any with a residential component -would be to rezone to a planned development (PD). This presents challenges to new mixed use development along 38th since the PO rezoning process is lengthy, unpredictable, and can be expensive. The proposed new zoning for 38th Avenue, Mixed Use-Neighborhood (MU-N), allows a mix ofland uses and creates a streamlined development review process. By creating a more predictable and timely review process, it should encourage redevelopment of properties on the con-idor. Property Owner Outreach Property owners along the corridor have been engaged for over two years on the topic of a legislative rezoning. The first meeting on the topic was the 38th Avenue Mixed Use Zoning Fomm, held in April 2010. There were over 60 people in attendance. At the meeting, staff distributed a survey with questions about the content of the zoning. The survey included a question about whether property owners were supportive of a City-initiated rezoning. Of the 16 returned surveys, 87% of respondents were interested in a City-initiated rezoning. At the time, staff and City Council decided to wait to move forward on the topic of rezoning until the Corridor Plan was complete. During the Corridor Plan outreach and planning process, multiple property and business owners attended some or all of the three public meetings . Outreach specific to the topic of rez oning started again in 2012. All property and business owners received a notice in the mail about a meeting in April 2012 to discuss a potential City-initiated rezoning of the corridor. There were nine people in attendance at this meeting. On April 10 , staff mailed a feedback form to all 164 property owners and 182 business owners. The form included information on why the City is cons idering a rez oning, and asked for a response within 30 days. The results of the feedback form were shared with City Council at the Study Session on June 41h. Of the 33 property owners who returned the form , 73 % were in Council Action Form July 9, 2012 Page 3 support, 18% were opposed, and 9% were unsure. Since that time, staffhas contacted all of those whose responded no or undecided to offer information and in-person meetings. Of those contacted, three met or spoke with staff and have since requested to be included in the rezoning area. Proposed Rezoning Map The area proposed to be rezoned was drawn based on the following criteria: Property has frontage on 38th A venue Property does not front on 38th Avenue, but is in the 38th Avenue Urban Renewal Area Property does not front on 38th A venue, but currently has commercial zoning and touches a property that does front 38th A venue Do not create split-zoning for the same property Include commercially-zoned residential properties that are adjacent to rezoning area and will become conforming under the MU-N zoning There are four property owners who originally responded no and who did not respond to staffs phone calls. The proposed map does not include these four properties. There is one property, for which the owner initially responded undecided, that staff has attempted to contact by phone and mail. At this time, the owner has not responded. They are currently included in the rezoning area, but they can be removed during the 30-day period after the ordinance's adoption. In the meantime, staff will continue to make efforts to contact the property owner and make sure that they have the information needed to make a final decision. RECOMMENDATIONS: Based on the positive feedback from property owners in the area, staff recommends approval of the resolution to formally initiate a legislative rezoning on 38 1h A venue. The proposed MU-N zoning contains lenient protections for any uses that would become nonconforming through the rezoning, although it is not anticipated that many existing uses in the area would become nonconforming. In addition, the proposed zoning contains flexible and clear development regulations that allow for a wide range of development options, including a greater range of uses , as well as a streamlined development review process. For these reasons, staff believes that the proposed new zoning would be a benefit to property owners, with little to no drawbacks. The proposed MU-N zoning is also a useful tool for implementing the City's goals for this important corridor. Rez oning this portion of the corridor to MU-N would encourage high-quality, mixed use redevelopment. RECOMMENDED MOTION: "I move to approve Resolution No. 35-2012, a resolution beginning a City-initiated comprehensive rezoning of properties located on W. 38th Avenue approximately between Sheridan and Wad sworth to Mixed Use-Neighborhood." Or, Council Action Form July 9 , 2012 Page4 "I move to postpone indefinitely Resolution No. 35-2012, a resolution beginning a City-initiated comprehensive rezoning of properties located on W. 38th Avenue approximately between Sheridan and Wadsworth to Mixed Use-Neighborhood for the following reason(s) , REPORT PREPARED/REVIEWED BY: Sarah Showalter, Planner II Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 35-2011 2 . Description of Rezoning Area and Map 3 . Map with updated owner responses CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 35 Series 2012 TITLE: A RESOLUTION BEGININNING A CITY-INITIATED COMPREHENSIVE REZONING OF PROPERTIES LOCATED ON W. 381 H AVENUE APPROXIMATELY BETWEEN SHERIDAN AND WADSWORTH TO MIXED USE-NEIGHBORHOOD WHEREAS, the Envision Wheat Ridge comprehensive plan was adopted in 2009 and the 38th Avenue Corridor Plan was adopted in 2011; and WHEREAS, both plans recommend that the 38th Avenue corridor redevelop over time with mixed use development that supports the vision for a Main Street; and WHEREAS, the existing zoning designations along the corridor are generally commercial, including a predominance of Commercial-One (C-1 ), which allows only limited residential development; and WHEREAS, rezoning the properties on the corridor to Mixed Use - Neighborhood (MU-N) would support the City's goals for redevelopment of the corridor in a mixed use development pattern; and WHEREAS, Section 26-113 of the Code of Laws requires City Council to begin the process of city-initiated rezonings by adopting a resolution doing so and referring the matter to the Planning Commission for a public hearing, which would be preceded by a neighborhood meeting. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council hereby initiates a rezoning of properties located on W. 38th Avenue approximately between Sheridan and Wadsworth to Mixed Use-Neighborhood (MU-N). DONE AND RESOLVED THIS gth Day of July 2012. ATTEST: Janelle Shaver, City Clerk Jerry DiTullio, Mayor Attachment 1 1 ~~~~ "'" ~ r City of • .A~Wheat~dge ~OMMUNilY DEVELOPMENT Detailed Description and Map of Property Proposed for Rezoning Case Number WZ-12-04: City-initiated rezoning of theW. 381h Avenue Corridor to Mixed Use-Neighborhood (MU-N). The area proposed to be rezoned is located generally along West 38th Avenue between Sheridan and Wadsworth , as shown on the below map. The area to be rezoned includes adjacent right-of-way, extending to the centerline of that right-of-way . Any person wishing to review the maps of the area proposed for rezoning may contact Sarah Showalter at 303-235-2849 or visit the Department ofCommuruty Development at 7500 W 29th Avenue, Wheat Ridge. N ., c • E .c u ca ., ., c r Responses June 22 , 201 Attachment 3 ~ .I~ .. ~ , ., City of • JP"WheatRl__dge ITEM NO:~ DATE: July 9, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 38-2012 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD CONCERNING ACADEMY TRAINING FOR POLICE OFFICER RECRUITS 0 PUBLIC HEARING D BIDS/MOTIONS IZI RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES JJ~~~ City Manager ' ISSUE: The Wheat Ridge Police Department has the periodic need to send police officer recruits to training academies. The City does not have the resources to operate a training academy of its own. This resolution approves an agreement under which the Police Department may send its police officer recruits to a regional training academy operated by the City of Lakewood and the Jefferson County Sheriff's Office (the "Academy"). PRIOR ACTION: None FINANCIAL IMPACT: The cost to the City to send its recruits to the Academy is $ 4 ,200 per recruit. BACKGROUND: In Colorado, a person must pass certain tests and minimum standards required by the Colorado Peace Officer Standards and Training (POST) Board to be qualified as a police officer. As is the case with other area Jaw enforcement agencies , the Wheat Ridge Police Department occasionally hires new police officer candidates who have not already been trained to be police officers and Council Action Form July 9, 2012 Page 2 who have not yet obtained POST certification. These police officer candidates must be fully trained and obtain POST certification before performing any duties as police officers. The training of new police officers commonly occurs in an academy atmosphere where many recruits receive the same training at one time. The Police Department does not have the resources to provide such extensive training and typically sends its new recruits to academies operated by outside agencies. The Police Department has found this practice to be a cost- effective way of providing its recruits with quality training. At the end of the Academy, recruits are given the POST certification written examination. If a recruit passes this test, he or she obtains the state certification necessary to be a police officer. RECOMMENDATIONS: Staff recommends approval of the resolution. RECOMMENDED MOTION: "I move to approve Resolution No. 38-2012, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood concerning academy training for police officer recruits." Or, "I move to postpone indefinitely Resolution No. 38-2012 , a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood concerning academy training for police officer recruits for the following reason(s) REPORT PREPARED/REVIEWED BY: Cannen Beery, City Attorney's Office Dan Brennan, Chief of Police ATTACHMENTS: 1. Resolution No. 38-2012 " 2 . Intergovernmental Agreement entitled , Outside Agency Recruit Training Use Agreement TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38 Series of 2012 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD CONCERNING ACADEMY TRAINING FOR POLICE OFFICER RECRUITS WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge and Lakewood, Colorado are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, Lakewood and Wheat Ridge are each authorized to perform law enforcement functions pursuant to Section 6, Article XX of the Colorado Constitution and C.R.S. § 31-15-401; and WHEREAS, such law enforcement functions occasionally necessitate the training of new police officer recruits; and WHEREAS, Wheat Ridge does not employ a large enough number of police officer recruits or dedicated training staff to operate its own law enforcement training academy; and WHEREAS, the City of Lakewood operates a law enforcement training academy, in cooperation with the Jefferson County Sheriff's Office; and WHEREAS, the Wheat Ridge Police Department recommends sending its police officer recruits to said academy, under those terms and conditions set forth in the intergovernmental agreement attached to this Resolution; and WHEREAS, the Wheat Ridge City Council ("Council") finds that approval of the attached agreement would promote the public health, safety and welfare by providing cost-effective quality training to future Wheat Ridge police officers; and WHEREAS, in accordance with Section 14.2 of the City's Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The Outside Agency Recruit Training Agreement by and between the City of Lakewood and the City of Wheat Ridge, concerning the training of Wheat Ridge police officer recruits at the Combined Regional Academy, attached to this Resolution and incorporated herein by reference, is hereby approved. The Mayor and City Clerk are authorized to execute the same. Attachment 1 DONE AND RESOLVED this g th day of July, 2012. Jerry DiTullio , Mayor ATTEST : Janelle Shaver, City Clerk 2 OUTSIDE AGENCY RECRUIT TRAINING USE AGREEMENT This agreement is made and entered into this _ day of , 2012, by and between the City of Lakewood, a municipal corporation of the State of Colorado, with offices at 445 South Allison Parkway, Lakewood, Colorado 80226 , on behalf of the Jefferson County Sheriff's Office and Lakewood Police Department's Combined Regional Academy hereinafter referred to as "Academy;" and the City of Wheat Ridge, a municipal corporation of the state of Colorado, with offices at 7500 W. 29 1h Avenue, Wheat Ridge , Colorado 80033hereinafter referred to as "Wheat Ridge ." WITNESSETH: WHEREAS, the City of Lakewood and Jefferson County, Colorado conduct a joint training academy for the training of law enforcement officers; and WHEREAS, Wheat Ridge is desirous of having its law enforcement officer recruits attend the Jefferson County Sheriff's Office and Lakewood Police Department's Combined Regional Academy; and WHEREAS, Article XIV, Section 18 of the Colorado Constitution provides for agreements of this sort, NOW, THEREFORE, for the mutual covenants and promises and other valuable consideration it is hereby agreed as follows by and between the City of Lakewood and Wheat Ridge: 1. Purpose of Agreement. The purpose of this agreement is to provide Wheat Ridge with training of its recruit officers at the Academy. 2 . Term of Agreement. This agreement shall be in effect for six months from the date set forth above. The provisions relating to insurance and indemnification shall survive the termination of this agreement. 3. Description of Training. The Academy shall provide classroom instruction as well as all testing and evaluation of the Wheat Ridge recruits in the areas required by the State of Colorado Peace Officer Standards and Training including, but not limited to , firearms training, police driving, and arrest control. The Wheat Ridge recruits shall be provided an opportunity to take the Colorado Peace Officer Standards and Training certification examination. 4. Payment. Wheat Ridge shall pay the Academy, at the commencement of the recruit academy, $4,200 per Wheat Ridge recruit enrolled. If the participation of a Wheat Ridge recruit terminates prior to his or her completion of the twelfth (12'h) week Attachment 2 of the Academy, Wheat Ridge shall be refunded a portion of its payment for such recruit as mutually agreed upon by the parties. 5. Termination. Either party upon written notice may terminate this agreement. 6. Independent Contractor. The City of Lakewood, Jefferson County, and Wheat Ridge are governmental entities . No officer or employee of one entity shall be considered an officer or employee of the other for any purpose, including worker's compensation and any other benefit. The Wheat Ridge recruits are Wheat Ridge employees and are not eligible for any salary or benefits from the City of Lakewood or Jefferson County. 7. Insurance. Wheat Ridge shall continuously maintain Worker's Compensation coverage in accordance with the Worker's Compensation Act of the State of Colorado and employer's liability coverage of the standard worker's compensation policy. Wheat Ridge is responsible for any deductible losses under the policy or payment of any retention amounts under a self-insurance program. A certificate of insurance acceptable to the Risk Management Division of the City of Lakewood must be provided at the time the parties execute this agreement hereto unless both parties arrange otherwise. Each party agrees to maintain general and auto liab ility, law enforcement liability , and public officials ' liability insurance . Wheat Ridge agrees to provide a certificate of insurance to the City of Lakewood, Risk Management Division . Such certificate shall state that 30 days ' notice of any cancellation of such insurance will be provided to the City of Lakewood. All cancellation notices shall be sent to the City of Lakewood , Risk Management Division. 8 . Indemnification . To the extent authorized by law , in connection with the training of Wheat Ridge recruits by the Academy as provided in this agreement , Wheat Ridge agrees to indemnify and hold harmless the City of Lakewood and the County of Jefferson , their officers , employees , and insurers , from and against any and all claims , damages , liabilities , demands and court awards of any kind whatsoever , which arise from any acts or omissions of any Wheat Ridge recruit while being trained at the Academy under th is Agreement or thereafter, that are in any manner connected with any Wheat Ridge recruit , if such injury, loss , or damage is or is claimed to be caused in whole or in part by the act , omission , or other fault of any Wheat Ridge recruit or the training of Wheat Ridge recruits by City of Lakewood and Jefferson County. Wheat Ridge agrees to investigate , handle , respond to, and provide defense for any such liability, claims , or demands at the sole expense of Wheat Ridge and agrees to bear all other costs and expenses related thereto , including court costs , investigation costs , attorney fees , whether or not such liability , claims , or demands alleged are groundless, false , or fraudulent. The parties hereto understand and are relying upon and do not waive or intend to waive by any provision of this contract the monetary limitations (presently $150 ,000 per person, and $600 ,000 per occurrence) or any other rights , immunities or protections , provided by the Colorado Governmental Immunity Act, 2 Section 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers or their employees. 9. Integration. This instrument contains the entire agreement between the parties, and no statement, promises, or inducements made by either party that is not contained in this instrument shall be valid or binding. This agreement may not be enlarged, modified, altered or extended except in writing, signed by the parties and endorsed herein. 10. Assignment. This agreement shall inure to the benefit of and be binding upon Lakewood and Wheat Ridge and shall not be assignable by either party. 11. Severance. If any part 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 parts shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part held to be invalid. 12. Venue. Venue for any and all legal actions regarding the transaction covered herein shall lie in the District Court in and for Jefferson County, Colorado and this transaction shall be governed by the laws of the State of Colorado. 13. Authority. This instrument shall not constitute an agreement until accepted, in writing by the duly authorized representative of the City of Lakewood and Wheat Ridge . 14. Article X, Section 20/T ABOR. The parties understand and acknowledge that Wheat Ridge is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that 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 financial obligations of Wheat Ridge are expressly dependent and conditioned upon the continuing availability of funds beyond the term of Wheat Ridge's current fiscal period ending upon the next succeeding December 31. Financial obligations of Wheat Ridge payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and requirements of Wheat Ridge and other applicable law. Notwithstanding any other provision of this Agreement concerning termination, upon Wheat Ridge's failure to appropriate such funds, this Agreement shall automatically terminate. 3 Executed this __ day of ________ , 2012. ATIEST: Margy Greer, City Clerk APPROVED AS TO LEGAL FORM: Janet Young, Deputy City Attorney CITY OF WHEAT RIDGE Jerry DiTullio, Mayor ATIEST: Janelle Shaver, City Clerk CITY OF LAKEWOOD Kevin Paletta, Chief of Police 4