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HomeMy WebLinkAboutCouncil Packet 10/08/20126:45 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 8, 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, Administrative Services Director, 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 September 24, 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 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .1. Council Bill21-2012-An Ordinance amending Chapter 26 concerning the creation of an Industrial-Employment Zone District. 2 . Council Bill22-2012-An Ordinance amending Chapter 26 concerning the review process for Public Schools. 3. Council Bill 24-2012-An Ordinance amending Chapter 21-107 of the Wheat Ridge Code of Laws to permit waiver of Insurance Requirements for certain Long-Term Right- Of-Way Permits. CITY COUNCIL AGENDA : October 8, 2012 Page -2- ORDINANCES ON FIRST READING ~· Council Bill No. 25-2012-An Ordinance amending Section 5-45 of the Wheat Ridge Code of Laws concerning certain Escrow Agreements as Security for Public Improvements. DECISIONS, RESOLUTIONS AND MOTIONS 5. Resolution No . 50-2012-A Resolution approving the recommendation of the Cultural Commission to accept a bronze fox sculpture donated by the Arts Council of Wheat Ridge . §.. Motion to award RFQ-12 -19 Youngfield Restroom Renovation Design/Build Contract to White Construction Group in the amount of $134 ,449 and approve a contingency amount of $13,445 . CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO September 24, 2012 CALL TO ORDER Mayor DiTullio called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS Davis Reinhart Bud Starker Joyce Jay Kristi Davis Mike Stites George Pond Joseph DeMott Tracy Langworthy Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan; Public Works Director, Tim Paranto ; Community Development Director, Ken Johnstone; other staff, interested parties and interested citizens. APPROVAL OF MINUTES OF September 10,2012 Motion by Mr. Stites for approval of the minutes of September 10, 2012; seconded by Mr. DeMott; carried 6-0, with Mr. Starker and Mr. Pond abstaining. · PROCLAMATIONS AND CEREMONIES Mayor DiTullio read a proclamation in honor of Walk to School Day and presented it to Mrs. Langworthy as a community representative of parents with children in school. Mayor DiTullio read a proclamation declaring October as Conflict Resolution Month and gave it to Wheat Ridge Police Commander Joe Cassa . Commander Cassa invited City Council to a Conflict Resolution Month opening celebration that will be held at the state Capitol on October 1. There is an exhibit that will move around the metro area and other places in the state during October. The Wheat Ridge Police Department is one of the few stories selected for the exhibit. City Council Minutes September 24, 2012 Page 2 CITIZENS' RIGHT TO SPEAK Nancy Snow invited everyone to come to the annual campaign forum in Council Chambers this Thursday at 7:00. It will include candidates for the various races that Wheat Ridge voters will be considering in November, as well as representatives to speak for and against the various issues. ~ CONSENTAGENDA a. Resolution 46-2012-A Resolution amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $5,000 from the Law Enforcement Assistance Fund (LEAF) for DUI Enforcement, Public Awareness and Education. b. Resolution 48-2012-A Resolution amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $195 ,000 for the Annual Sales Tax Share to Renewal Wheat Ridge . c. Resolution 47-2012-A Resolution approving a contract with the Colorado Department of Transportation for Project No ., 19099, Bus Bench Installation. d. Motion to approve payment to ESRIInc. in the amount of $35,750 for the Annual License Renewal for the Graphical Information Systems (GIS) The Consent Agenda was introduced and read by Mr. DeMott. Motion by Mr. DeMott for approval of the Consent Agenda; seconded by Mr. Stites; carried 8-0 . PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Agenda Item 2 and 3 were addressed as a unit because they affect the same property. Mayor DiTullio opened the public hearing. Mr. Starker left the room because he is the applicant for Items 2 and 3. Mr. Reinhart introduced Agenda Items 2 and 3. 2. Resolution 42-2012-A Resolution authorizing the execution of an Agreement with Walrus 5560 to participate in the Wheat Ridge Business Development Zone Program for a rebate of 25% of the eligible City fees, charges and taxes in association with the construction of a restaurant at 5560 W . 29th Ave. The WR Business Development Zone program allows the City Council to waive City Council Minutes September 24, 2012 Page 3 certain building permit fees and building use taxes associated with construction projects. As such it can refund fees and taxes for projects that will generate sales tax. The request from Walrus5560 is for an estimated total refund of $6,638 . 3. Resolution 49-2012-A Resolution authorizing the execution of an agreement with Walrus 5560 for participation in the Enhanced Sales Tax Incentive Program (ESTIP) rebating 25% of the Enhanced Sales Tax for a period of three years for the construction of a restaurant at 5560 W. 29th Ave. This request for an Enhanced Sales Tax Incentive Program (ESTIP) would give back to Walrus 25% of their total City sales taxes for a period of three years for an estimated total of $33,750. Mr. Goff explained that staff is recommending these two resolutions because the project will: • generate approximately $45,000 in new sales tax, • create 25 new permanent jobs, • improve an underutilized piece of property, • act as a catalyst for other revitalization projects in the area, • address the lack of full service, sit-down restaurants in the area. Public Comment: Lloyd Levy said he is supportive of the project because it will be a good thing for that corner and for the neighborhood Mayor DiTullio closed the public hearing . Motion by Mr. Reinhart to approve Resolution No. 42-2012, a resolution authorizing the execution of an agreement with Walrus 5560 to participate in the Wheat Ridge Business Development Zone Program for a rebate of 25% of the eligible city fees , charges and taxes in association with the construction of a restaurant at 5560 W . 29th Avenue; seconded by Mr. DeMott; carried 7-0 Motion by Mr. Reinhart to approve adoption of Resolution No . 49-2012, a resolution authorizing the execution of an agreement with Walrus 5560 for participation in the Enhanced Sales Tax Incentive Program rebating 25% of the enhanced sales tax for a period of three years for the construction of a restaurant at 5560 W. 29th Avenue; seconded by Ms . Davis; carried 7-0. Mr. Starker returned to the Council Chambers. ORDINANCES ON FIRST READING ~. Council Bill No. 22-2012-An Ordinance amending Chapter 26 concerning the review process for Public Schools. Mr. Pond introduced Agenda Item 4. City Council Minutes September 24, 2012 Page4 Currently the City requires a Special Use Permit (SUP) process for the opening of public and private schools. The state has now adopted legislation about the siting and construction of public and charter schools that now makes our Code in conflict with state law. Adoption of this ordinance will bring our Code into compliance with state law. Motion by Mr. Pond to approve Council Bill No. 22-2012, an ordinance amending Chapter 26 concerning the review process for public schools, on first reading, order it published, public hearing set for Monday, October 8th at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Stites ; carried 8-0 5. Council Bill No . 21-2012-An Ordinance amending Chapter 26 concerning the creation of an Industrial-Employment (1-E) Zone District. Mr. Stites introduced Agenda Item 5. Creating the 1-E zone district will provide more flexibility for the development of industrial areas by changing some special uses to allowed uses, adding more modern uses to the list of permitted uses, updating development standards, and providing for application directly to 1-E, rather than requiring a Planned Industrial Development which is lengthy, expensive and difficult to track over time. Motion by Mr. Stites to approve Council Bill No . 21-2012, an ordinance amending Chapter 26 concerning the creation of an industrial-employment zone district, on first reading, order it published, public hearing set for Monday , October 8 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Pond and Mrs. Langworthy; carried 8-0 §. Council Bill No. 23-2012 -An Ordinance approving a City-Initiated Rezoning of property located at 7750 Three Acre Lane from Residential-Three (R-3) to Mixed Use-Commercial (MU-C) (Case No. WZ-12-05) Ms. Davis introduced Agenda Item 6. In 2011 the previous City Council rezoned the Wadsworth Corridor to Mixed Use- Commercial. The 1.5 acre parcel in question was inadvertently left out of this rezoning. The property owner has requested to be rezoned to MU-C, so the City is initiating this rezoning to correct that omission. Motion by Ms. Davis to approve Council Bill No . 23-2012. an ordinance approving a city-initiated rezoning of property located at 7750 Three Acre Lane from Residential- Three (R-3) to Mixed Use-Commercial (MU-C), on first reading, order it published, public hearing set for Monday, October 22, 2012 at 7 p.m . in City Council Chambers, City Council Minutes September 24, 2012 Page 5 and that it take effect 15 days after final publication; seconded by Mr. Starker; carried 8- 0 . z. Council Bill No. 20-2012-An Ordinance approving the Comprehensive Rezoning of Property along 381h Ave. between Sheridan and Wadsworth to the Mixed Use-Neighborhood (MU-N) Zone District (Case No. WZ-12-04) Mr. Reinhart recused himself because he is in a business relationship where he would be a direct beneficiary if this zoning goes through. Mrs. Jay introduced Agenda Item 7. The current zoning of 38th Avenue contains outdated development standards and patchwork zoning. This makes compact, mixed use, pedestrian-friendly development difficult to achieve. This rezoning to Mixed Use-Neighborhood (MU-N) provides a detailed strategy for revitalizing the corridor into a vibrant main street with a range of uses. The things it will support include: • A range of commercial, neighborhood-serving retail, and civic uses • Residential uses (single, double and multi-family), • Live-work units, • Ground floor commercial with apartments above, • Allowable residential density up to 21 units per acre for the entire corridor, • Increased landscaping requirements to provide usable open space and plazas, • Requiring a tree lawn for expansion of 50% or more, or complete redevelopment, • Maintaining height limits of 35 feet for residential and 50 feet for all other buildings, • Existing auto-related uses (car repair, sales lots, car washes, gas stations, drive- throughs, etc.) to be grandfathered as legal non-conforming uses, but not be an allowed use for new development under the MU-N zoning, • Requiring Conditional Use Permits for new or expanding car repair, drive-through uses, gas stations, and large scale retail uses (over 60,000 GSF in size), • Administrative site approval for most developments, with public input necessary only for developments 10 acres or larger, • Requiring new buildings to be placed close to the street (parking on side or rear), • Extensive screening and fencing requirements for certain uses to protect adjacent properties/neighborhoods. Motion by Mrs. Jay to approve Council Bill No. 20-2012, an ordinance approving the comprehensive rezoning of property along 38th Avenue between Sheridan and Wadsworth to the Mixed Use-Neighborhood (MU-N) zone district, on first reading, order it published, public hearing set for Monday, October 22, 2012, at 7 p.m. in City Council Chambers, and that it take effect 30 days after final publication, with the following condition: 1. The property located at 6965-85 W. 38th Avenue is removed from the rezoning area. City Council Minutes September 24, 2012 Page 6 Seconded by Mr. Starker; carried 7-0 Mr. Reinhart returned to the chambers. ~-Council Bill No . 24-2012-An Ordinance amending Chapter 21-107 of the Wheat Ridge Code of Laws to permit waiver of insurance requirements for certain long- term Right-of-Way Permits. Mrs. Langworthy introduced Agenda Item 8. Some right-of-way use permits authorize semi-permanent improvements such as fences, walls, etc. This ordinance amendment would allow such "long-term" permits to be issued without a defined termination date and continue to require indemnification, but would remove the requirement that insurance certificates be provided to the City . Long-term permits would also be recorded against the affected properties to ensure that future owners are aware of the permits. Motion by Mrs. Langworthy to approve Council Bill No. 24-2012, an ordinance amending Chapter 21-107 of the Wheat Ridge Code of Laws to permit waiver of insurance requirements for certain long term right-of-way permits, on first reading, order it published, public hearing set for Monday, October 8, 2012 at 7:00p.m. in the City Council Chambers, and that it take effect upon adoption; seconded by Mr. Stites; carried 8-0 . CITY MANAGER MATTERS Mr. Goff addressed the recent graffiti in eastern Wheat Ridge . The police have been working with Code Enforcement, Parks, and Public Works to proactively address these quality-of-life issues. They've sent letters to folks in eastern Wheat Ridge with examples of things that need to be cleaned up in certain areas and alleys. They have time to clean that up before they get any type of warning . If anyone witnesses graffiti in progress they should call 911 immediately, or they can report graffiti to the police non- emergency number at 303-237-2220. He also thanked the City staff for all their volunteer help with the Celebration on 38th Avenue. ELECTED OFFICIALS' MATTERS Councilmembers Davis, Pond, Stites, Langworthy, Jay, Reinhart and Mayor DiTullio all offered various expressions of congratulations, compliments and thanks to all the people, businesses, groups and volunteers who contributed to the great success of the grand opening of the new 38th Avenue this past Saturday. City Council Minutes September 24, 2012 Page 7 Kristi Davis also referred to her recent Council article that appeared in the Neighborhood Gazette. She wrote about respect and tolerance. For some of the issues that Council has discussed recently (smoking, noise, senior and handicapped housing) she believes it is best to come together as a community to work through problems rather than having to pass an ordinance about everything. She spoke a quote from Albert Einstein on the essential importance of tolerance. Davis Reinhart also encouraged people to come out to the election forum this Thursday. Mayor DiTullio wanted to make sure that a snow removal plan is in place for the 38th Avenue sidewalks and streets this winter. Mr. Goff stated that the staff and the Leadership Committee have already discussed snow removal. The City will be responsible for the streets and City owned parking areas. The Leadership Committee feels it is important for the businesses do their own snow removal on the sidewalks. Meeting adjourned to Study Session at 7: 41 p.m. ·APPROVED BY CITY COUNCIL ON October 8, 2012 BY A VOTE OF __ to __ Mike Stites, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting , not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ~ '~ ... ~ ~ .,. City of • JP'WheatRi_clge ITEM NO: l. DATE: October 8 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 21-2012 AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE CREATION OF AN INDUSTRIAL-EMPLOYMENT ZONE DISTRICT D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING (09/24/2012) ~ ORDINANCES FOR 2ND READING (10/08/2012) D YES City Manager The proposed ordinance would update the City's existing Light Industrial zone district to become the Industrial-Employment (1-E) zone district. The proposed changes, which are recommended by the City's comprehensive plan, include adding more modem uses to the list of permitted uses , updating the development standards for new development, and providing the opportunity to rezone directly to 1-E , rather than requiring a Planned Industrial Development. PRIOR ACTION: City Council reviewed a draft of the proposed ordinance at a Study Session on August 6 , 2012. Planning Commission recommended approval ofthe ordinance at a Public Hearing on September 6 , 2012. FINANCIAL IMPACT: There is no direct financial impact anticipated from this ordinance. BACKGROUND: One of the major land use and economic development goals in Envision Wheat Ridge, the City's comprehensi ve plan , is to promote employment uses that create quality jobs and attract new employees to the City. The adopted Structure Plan identifies employment areas , mainly along the Council Action Form October 8, 2012 Page 2.l 1-70 corridor, where light manufacturing, office, and flex uses will support primary jobs. Most of these areas are currently zoned Light-Industrial (I) or Planned Industrial Development (PID). Envision Wheat Ridge notes that the current I zone district does not provide enough flexibility to promote employment-based uses such as office-flex space. It also states that the I district should be modified to change some special uses to pennitted uses and to add contemporary uses, such as office-light industrial flex space, to the permitted use chart. Finally, Envision Wheat Ridge recommends consideration of employment zoning that would promote a wide range of light industrial, flex, office, and service uses to support employment centers. The proposed ordinance addresses the recommendations in Envision Wheat Ridge by modifying the current Light-Industrial (I) zone district into a combined Industrial-Employment (I-E) zone district. The modifications would address all of the recommendations in the comprehensive plan mentioned above, including the addition of modem uses and ensuring that a wide range of employment uses (light manufacturing, flex space, office, and office services) are allowed. RECO MMEN DATIO NS: The proposed ordinance will fulfill goals related to land use and economic development in Envision Wheat Ridge. It will also create a more up-to-date, flexible, zone district that is intended to attract employment-based businesses to the City. In order to accomplish these goals, the ordinance includes the following changes: Changes to Permitted Use Table and Corresponding Definitions 1. Add contemporary uses including renewable energy production, recycling centers, and flex space. 2. Convert some special uses into pennitted uses, including contractor's storage yards, body art establishments, and printing and engraving services. 3. Remove redundant or outdated uses such as carting services and motor regrinding shops. 4. Add PV panels and wind turbines as pennitted accessory uses. Changes to Development Standards 1. Reduce landscaping requirement from 20% to 15%. Commercial zone districts require 20% landscaping but 15% is more reasonable for employment and light industrial uses. The mixed use zone districts, for comparison, require 10% landscaping for a mixed use development and 15% for single use. 2. Reduce minimum front yard setback from 50 feet to 1 0 feet. This provides more development flexibility and better aligns with the goals in the Architectural and Site Design Manual (ASDM) to place buildings close to the street with parking and storage behind. The recently-updated ASDM also contains standards to ensure quality favade design where buildings are close to the street. 3. Reduce minimum side yard setback where adjacent to public streets from 30 feet to 10 feet and reduce minimum rear yard setback where adjacent to public streets from 15 feet to 10 feet. These proposed changes provide more development flexibility and the recently-updated ASDM ensure that building facades close to Council Action Form October 8, 2 01 2 Pag e 3 the street meet minimum design standards. 4 . Increase side and rear setbacks, with landscaped buffer, where adjacent to residential uses from 5 feet to 15 feet. 5. Remove automatic increased setbacks for special uses and instead require greater setbacks as needed through the Special Use Permit (SUP) review. 6. Clarify screening requirements for outdoor storage that already exists in Section 26-629 and 26-631. Changes to Rezoning Process 1. Update relevant sections of the code (including 26-112 and 26-301) to allow an applicant to request to be rezoned to 1-E , rather than being required to complete a planned development and be rezoned to PID. Planned developments require a more lengthy and expensive review process and are difficult to track over time since they often require amendments for any changes to the original development. Staff recommends approval ofthese changes, which will create a more modern , flexible industrial zoning that fulfills the goals in the City's comprehensive plan. RECOMMENDED MOTION: "I move to approve Council Bill No. 21-2012, an ordinance amending Chapter 26 concerning the creation of an industrial-employment zone district and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 21-2012 , an ordinance amending Chapter 26 concerning the creation of an industrial-employment zone district for the following reason(s) " REPORT PREPARED BY; Sarah Showalter, Planner II Kenneth Johnstone, C01mnunity Development Director ATTACHMENTS: 1. Council Bill No. 21-2012 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 21 ORDINANCE NO. ___ _ Series of 2012 TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE CREATION OF AN INDUSTRIAL-EMPLOYMENT ZONE DISTRICT 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's Comprehensive Plan, Envision Wheat Ridge, recommends that the City amend the Code to update the Light Industrial (I) zone district and to develop a zone district that promotes employment uses; and WHEREAS, the City wishes to amend the Code to create an Industrial- Employment zone district that will accomplish the goals in the Comprehensive Plan. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-112.8 of the Code is amended to read: B. Applicability 1. The requirements of this section shall be applicable within the municipal boundaries of the City of Wheat Ridge and to any areas that are proposed to be annexed to the city where one (1) of the following is proposed: a. Change of zone of a parcel of land from one (1) zone district classification to another zone district. This includes an application for private rezoning within or to any mixed use, NDUSTRIAL-EMPLOYMENT, 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) acres 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 II of this chapter should be consulted for planned development requirements and procedures. Attachment 1 a . An application for a zone change to any commercial district, with the exception of a rezoning to any mixed use district OR TO THE INDUSTRIAL-EMPLOYMENT 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 . Section 2: Section 26-123 of the Code is amended to include the following new definitions in appropriate alphabetical order: ENERGY PRODUCTION, RENEWABLE. A FACILITY THAT GENERATES ENERGY FROM RENEWABLE SOURCES INCLUDING SOLAR. WIND, AND GEOTHERMAL. THE ENERGY MAY BE USED ON SITE OR SOLD FOR USE OFF-SITE. FLEX SPACE. A STRUCTURE THAT ALLOWS FOR ANY COMBINATION OF OFFICE, WAREHOUSE, MANUFACTURING, ASSEMBLY OR LIGHT INDUSTRIAL OPERATIONS. MANUFACTURING, HEAVY. THE PRODUCTION, ASSEMBLY, FABRICATION OR MANUFACTURE OF PRODUCTS PRIMARILY FROM EXTRACTED OR RAW MATERIALS, INCLUDING THE BULK STORAGE AND HANDLING OF SUCH MATERIALS. THIS TERM INCLUDES BUT IS NOT LIMITED TO MOTOR VEHICLE MANUFACTURING, CONCRETE MANUFACTURING, AND CHEMICAL MANUFACTURING. MANUFACTURING, PROCESSING, ASSEMBLY. OR LIGHT INDUSTRIAL OPERATIONS. THE PRODUCTION, PRIMARILY FROM PREVIOUSLY PREPARED ilnATERIALS, OF FINISHED PRODUCTS OR PARTS, INCLUDING PROCESSING, FABRICATION, ASSEMBLY, TREATMENT, AND PACKAGING OF SUCH PRODUCTS, INCLUDING INCIDENTAL STORAGE, SALES, AND DISTRIBUTION OF SUCH PRODUCTS. !RECYCLING CENTER. A FACILITY AT WHICH RECOVERABLE RESOURCES, SUCH AS NEWSPAPERS, MAGAZINES, GLASS, METAL CANS, PLASTIC 'MATERIALS, TIRES, GRASS AND LEAVES, AND SIMILAR ITEMS (BUT NOT MUNICIPAL WASTE. MEDICAL WASTE, OR HAZARDOUS WASTE) ARE COLLECTED. STORED. FLATTENED. CRUSHED. BUNDLED OR SEPARATED BY GRADE OR TYPE, COMPACTED, BALED, OR PACKAGED FOR SHIPMENT TO OTHERS FOR THE MANUFACTURE OF NEW PROJECTS. THIS DOES NOT INCLUDE THE RECYCLING OF MOTOR VEHICLE PARTS. RECYCLING COLLECTION STATION. AN ESTABLISHMENT ENGAGED IN COLLECTING RECYCLABLE ITEMS SUCH AS NEWSPAPERS, MAGAZINES, GLASS. METAL CANS. PLASTIC MATERIALS. TIRES. GRASS AND LEAVES, AND SIMILAR ITEMS (BUT NOT MUNICIPAL WASTE. MEDICAL WASTE. OR HAZARDOUS WASTE) FOR THE PURPOSE OF RESOURCE RECOVERY. RECYCLING PLANT. A FACILITY WHERE RECOVERABLE RESOURCES. SUCH AS !NEWSPAPERS. MAGAZINES. GLASS. METAL. STEEL SCRAP. RUBBER. METAL CANS. PLASTIC MATERIALS. TIRES. GRASS AND LEAVES. AND SIMILAR ITEMS {BUT NOT MUNICIPAL WASTE. MEDICAL WASTE. OR HAZARDOUS WASTE) AND/OR OTHER PRODUCTS ARE RECYCLED AND TREATED TO RETURN SUCH PRODUCTS TO A CONDITION IN WHICH THEY MAY AGAIN BE USED FOR PRODUCTION OR FOR RETAIL OR WHOLESALE TRADE. TOW SERVICE. AN ESTABLISHMENT THAT PROVIDES FOR THE REMOVAL AND !TEMPORARY STORAGE OF VEHICLES BUT DOES NOT INCLUDE DISPOSAL. SALVAGE. DISASSEMBLY OR ACCESSORY STORAGE OF INOPERABLE VEHICLES. Section 3: Section 26-123 of the Code is amended to delete the following definitions: .MaRulaGWFe, ~asiG. The first oper=atioA or operations whiGh tr=ansferm a material from its r=aw state to a ferm suita~le fer fa~riGatioA proGessing. MaRulaGWriRg, preGessiRg, VIBFehousiRg. Instruments of professional, sGientifiG, photogr=aphiG, optiGal and other similar uses; eleGtriGal maGhinery, equipment and supplies; fountain and ~e¥erage dispensing equipment; plynood furniture and similar wood produGts; small items, suGh as toys, GloGks, jewelry, feuntaiA pens, peAGils and plastiG produGts; tr=ansportatioA equipment; Gandy; foods (proGessing and/or GaAAiAg); glass and glass produGts; other similar uses. Section 4: The Table of Uses for Commercial and Industrial Zone Districts in Section 26- 204 of the Code is amended to read: Table of Uses-Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 1-E Adult entertainment In accordance with Wheat Ridge p p p establishments Code of Laws, Chapter 3 Ambulance services p p p p Amusement parks s p p Animal veterinary With outside runs; no cremation p p hospitals and clinics Animal veterinary Where there are no outside pens or s p p p p Uses Notes NC RC C-1 C-2 1-E hospitals or clinics runs for dogs; no cremation Antique stores In NC & RC Districts: Provided that s p p p p no more than 200 square feet of building area shall be allocated to repair Apparel and See Footnote 1 s p p p p accessory stores Appliance stores p p p and incidental service and repair Art galleries or See Footnote 1 p p p p p studios Assembly halls and p p p convention facilities Auction houses s p p Auto service, repair See§ 26-631 p p p and maintenance shops , minor Auto service , repair See§ 26-631 s p p and maintenance shops, major Automobile and See§ 26-628 s s s light-duty truck sales and rental Automotive parts p p p and supplies sales Bail bonds See Footnote 2. See § 26-634 for p p businesses distance requirements Bakeries, retail See Footnote 1 s p p p p Banks , loan and See§ 26-633 p p p p p finance offices Bed and breakfast Subject to requirements set forth in p p p p p homes § 26-608 Bicycle stores See Footnote 1 s p p p p Blueprinting, EXCLUDING: Large printing , s p p p p photostatic copying publishing and/or book binding and other similar establishments reproduction services See Footnote 1 Boat, recreational See§ 26-628 s s s vehicle and trailer sales, rentals and service Uses Notes NC RC C-1 C-2 1-E Body art s s s s establishments ,P Book stores, See Footnote 1 s p p p p stationery and card stores Building OR See§ 26-629 s p p [LANDSCAPE contractor's service shop and storage yard incidental to an office/showroom principal use. Business machine See Footnote 1 s p p p p or computer stores Butcher shops and EXCLUDING: Food processing p p p food lockers Cabinet and s woodworking shops Camera and See Footnote 1 s p p p p photographic service and supply stores Candy,nutand See Footnote 1 s p p p p confectionery stores Caretaker residence Only one ( 1) unit for caretaker or p p p p manager Carpet cleaning and s fumigating c::::·::;::;e TEMPORARY STORAGE MEANS s ifHE STORAGE OF VEHICLES ~~~SERVICE THAT HAVE BEEN TOWED 1 CARRIED 1 OR HAULED FOR WITH TEMPORARY !IMPOUNDMENT AND SHALL STORAGE YARD !NOT INCLUDE THE PERMANENT STORAGE OF OPERABLE OR INOPERATIVE AUTOMOBILES 1 THE STORAGE OF AUTOMOBILE PARTS 1 OR THE REPAIR OR RECYCLING OF AUTOMOBILES. Car wash, automatic s p p Car wash, coin s p p operated Caterers p p p Day care center, p p p large Uses Notes NC RC C-1 C-2 1-E Day care center, p p p small Clinics and offices C-1, C-2 & 1-E INCLUDE: s p p p p for the counseling Residential facilities. and treatment of psychological, social, marital, developmental or similar conditions, excluding substance abuse clinics NC & RC EXCLUDES: Residential facilities ALL districts INCLUDE: Counseling and treatment for alcoholism Cold storage plant p p Commercial s p p machine shops Community e.g.: YMCA's, YWCA's, churches, p p p p p buildings libraries, parks, museums, aquariums and art galleries Construction and See§ 26-629 p p heavy equipment sales, service, rental and storage CONTRACTOR'S s PLANT (INCLUDING BUT NOT LIMITED TO CONCRETE PLANT1 ASPHALT PLANTI BRICK PLANTI OR LUMBER MILIJ Contractor's plant SEE§ 26-629 s &F storage yard p ~OUTDOOR STORAGE YARD WITH NO MAIN BUILDING) Dairy products See Footnote 1 s p p p p stores Day care center and p p p preschools, large Uses Notes NC RC C-1 C-2 1-E Day care center and p p p preschools, small Department or p p p variety stores Drug stores p p p Eating s s s s s establishments, drive through Eating s p p p p establishments, sit down Electric transmission s s s s s and public utility substations &leGlFiGal meleFS s anEI aFmalure ........... :-..... :--...... __ ... &leGlFiGal supplies &XGbUOING: GeRlFaGleFS p p p anEise~iGe ...... ............... ENERGY s !PRODUCTION I RENEWABLE Equipment rental Subject to § 26-628; in RC District: p p p p agencies Outside storage and display prohibited Exterminators p p p p Farm equipment See § 26-628 AND § 26-631 p p sales, service and storage Farmers' markets Submittal to community p p p p p development department required. See§ 26-635 Floral shops See Footnote 1 s p p p p Furniture stores p p p Garden supply See Footnote 1 s p p p p stores Gift, novelty or See Footnote 1 s p p p p souvenir stores Golf courses INCLUDES: Private clubs, p p p restaurants and lounges, driving ranges, and those uses commonly accepted as accessory thereto when located on the same premises Uses Notes NC RC C-1 C-2 1-E Governmental and No outside storage p p p p p quasi-governmental buildings and offices, fire stations or public utility buildings Governmental and Outside Storage s s s p p quasi-governmental buildings and offices, fire stations or public utility buildings Greenhouses and See§ 26-624 s s p p p landscape nurseries, retail Greenhouses and See§ 26-624 s p p landscape nurseries, wholesale Grocery or See Footnote 1 p p p p p convenience stores, no gas pumps Grocery stores See Footnote 1 s s s p p which may include no more than 1 gasoline service island with no more than 2 dispensing pumps Hair, nail and p p p p p cosmetic services Hardware stores See Footnote 1 s p p p p Hobby and craft See Footnote 1 s p p p p stores Home furnishing p p p stores Home p p p improvements supply stores Hotels or motels for There shall be 1,000 square feet of s s s transient occupancy gross lot area for each unit Ice plants p p Indoor amusement e .g.: Roller rinks, bowling alleys , p p p Uses Notes NC RC C-1 C-2 1-E and recreational arcades and similar uses enterprises Indoor flea markets PROHIBITED: Outdoor flea p p p markets Interior decorating . s p p p p shops Itinerant sales See§ 26-630 s s s Jewelry stores See Footnote 1 s p p p p Kennels s Laundry and dry s s p p p cleaning shops Laundry and dry p p p p p cleaning pick up stations Leather goods and p p p luggage stores Linen supply p p p Liquor stores p p p Locksmith shops p p p p p Lumber yards and Unenclosed storage of any p p p building supply materials shall be screened from stores view from adjacent properties and streets -SEE § 26-629 Manufacture of PROVIDED: An anliEiele eKisls s vaccines, serums anEi is FeaEiily atJailable feF sush and toxins ¥a&GiR8, S8FYFRS GF lGKiR&; anEi approval of such manufacture is received from the state department of health and the county health department Manufacturing , See§ 26 506;_§ 26-631 and§ 26-p p processing, 123, definitions assembly, or light industrial op_erations Manufacturing, s EA~=== ~=~ ___ ..... _6_ ... - Massage therapist See Chapter 11, Article 10 Code of p p p p p Laws for additional restrictions Uses Notes NC RC C-1 C-2 1-E Massage therapy See Chapter 11, Article 1 0 Code of p p p p p center Laws for additional restriction Meat, poultry or See Footnote 1 s p p p p seafood stores Medical and dental Pharmacies and optical stores are p p p p p offices, clinics or accessory use laboratories, excluding substance abuse clinics Medical marijuana p p centers Medical marijuana-p p infused products manufacturers Optional premises p p cultivation operation Mini-warehouses for p p inside storage Mobile or modular See§ 26-628 s s homes or building sales Mortuaries and s s s crematories Motor fueling s p p stations Motorcycle sales See§ 26-628 p p p and service Music stores See Footnote 1 s p p p p Newsstands For the sale of newspapers, p p p p p magazines , etc. Office supply stores See Footnote 1 s p p p p Offices: General p p p p p administrative , business and professional offices Optical stores See Footnote 1 s p p p p Outdoor amusement s p p facilities Paint and wallpaper See Footnote 1 p p p p stores Parking of Subject to § 26-501 C.4 p p p p p automobiles of Uses Notes NC RC C-1 C-2 1-E clients, patients or patrons of adjacent commercial or nonresidential uses Parking of not more See§ 26-619; § 26-123, definitions s s s than 3 commercial truck-tractors and/or semi-trailers When in conformance with the parking design standards set forth in§ 26-501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawn shops s Pet stores See Footnote 1 s p p p p Pharmacies s p p p p Picture framing See Footnote 1 s p p p p shops Plumbing anEi ~XCblJgiNG: OutEieeF steFage p p p heating supply yaFEis ... .,._ ........... __ ... Printing, engraving s and other related f production processes Private clubs, social p p p clubs, bingo parlors and similar uses Produce stands See§ 26-636 p p p p p Psychic advisors s s s p and similar uses IRE CYCLING s s s ~ENTER OR ECYCLING COLLECTION STATION RECYCLING s .,LANT Research p p laboratories, offices and other facilities for research Uses Notes NC RC C-1 C-2 1-E Residential group p p p p p and nursing homes and congregate care facilities for 8 or fewer elderly persons Residential group s s s and nursing homes and congregate care facilities for 9 or more elderly persons Residential group s s s home for children Residential uses in Such residential uses may be p p p p p existence on extended, enlarged, and/or 3/11/97 reconstructed so long as no additional dwelling units are created Residential uses in See§ 26-626 p p p p p commercial zones Rooming and s s p p p boardinghouses RV, boat, trailer and See§ 26-628 p p travel trailer storage Sales, repair, rental p p and servicing of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district Schools for Conducted entirely within an p s s industrial or enclosed building p p business training, including vocational trade or professional schools Uses Notes NC RC C-1 C-2 /-~ Schools: Public; INCLUDES: Those uses commonly s s s p p private colleges and accepted as necessary thereto universities when located on the same premises Shoe repair shops p p p p p Shoe stores See Footnote 1 s p p p p Shops for custom See § 26-631 ; § 26-632 p p work or for making articles, materials or commodities to be sold at retail on the premises Social club In accordance with Wheat Ridge p p p Code of Laws, Chapter 11 , Article XI Sporting goods See Footnote 1 s p p p p stores Stone cutting or p p polishing works Studio for p p p p p professional work or teaching of fine arts, photography, music, drama or dance Substance abuse s s p clinics Tailor, dressmaking p p p p p or clothing alteration shops Taverns, night p p p clubs, lounges, private clubs and bars Television, radio, See Footnote 1 s p p p p small appliance repair and service shops Temporary See§ 26-627 p p p p Christmas tree, produce and bedding plant sales Uses Notes NC RC C-1 C-2 1-E lots Theatres, indoor p p p Tobacco stores See Footnote 1 s p p p p Toy stores See Footnote 1 s p p p p Transit station, s s s public or private Upholstery shops p p p Urban gardens See§ 26-637 p p p p p Video rentals See Footnote 1 s p p p p Warehousing and See§ 26-631 p p outside storage Warehouse/office MaKimum 15% lelal aFea as s p p AND FLEX SPACE waFeheuse; miAimum 25% as lelal aFea as effiGe Watch and jewelry p p p p p repair shops WHOLESALE s p p Woodworking or See§ 26-632 s p p carpentry shops for the making of articles for sale upon the premises, such as cabinets or custom furniture Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. 2 In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code section 26-634. Commercial and Industrial District Accessory Notes Uses Accessory buildings and structures See§ 26-625 Electric transmission or other public utility lines and poles , irrigation channels, storm drainage and water supply facilities PHOTOVOLTAIC CPVl PANELS AND WIND TURBINES Farmers' markets See§ 26-635 Food services Primarily for the occupants of a building containing a permitted use when located w ithin the same building Produce stands See§ 26-636 Residential uses in commercial zones See§ 26-626 Outside storage or display See§ 26-631 Urban gardens See§ 26-637 Key: P = Permitted Principal Uses S =Special Uses Section 5: Section 26-220 of the Code is amended to read: Sec. 26-220. -Ught Industrial-EMPLOYMENT District (1-E). A: Intent and purpose. The intent of this district is TO ALLOW LIGHT INDUSTRIAL AND COMMERCIAL USES THAT SUPPORT EMPLOYMENT. te permit the use ef pre¥ieus IRdustrial (I) zeRed preperty fer eemmereial aRd light iRdustrial uses. RezeRiRg te IRdustrial (I) ZeRe DistriGt elassifieatieR shall Ret ~e permitted; h9Pl.¥e¥er, existiRg IRdustrial (I) zeRed preperty may ~e de¥eleped aRd used iR aeeerdaRGe with pre¥isieRs set ferth hereiR. B. Development standards. 1. Maximum height. Fifty (50) feet. 2 . Minimum lot area . No limitation , provided that all other requirements can be met. 3 . Maximum Jot coverage. tl!ighty (80) EIGHTY-FIVE (85) percent, with a minimum of t-»enty (20) FIFTEEN (15) percent of the lot being landscaped. (See section 26-123 for definition.) 4. Minimum lot width. No limitations, provided that all other requirements can be met. 5. Front yard setback. Fifty (&0) TEN (10) feet minimum. THE 10-FOOT SETBACK AREA MUST BE LANDSCAPED TO MEET THE REQUIREMENTS OF SECTION 26-502 . 6. Side yard setback. a . Principal permitted and accessory uses: Five (5) feet per story minimum , except as follows: (1) Zero setback where structures are constructed of masonry or nonflammable material and in accordance with the uniform building code. (2) Thirty (30) TEN (10) feet where adjacent to a dedicated public street. THE 1 0-FOOT SETBACK AREA MUST BE LANDSCAPED TO MEET THE REQUIREMENTS OF SECTION 26-505. (3) Where a side yard abuts property zoned residential , or where zoned agricultural and there is a residential USE struGtl:JFe withiA fifteeA (1 S) feet of the GommerGial property, a fi¥e foot per story FIFTEEN (15) FOOT landscape buffer meeti ng the requirements of section 26-502E . (landscape buffering for park ing lots), shall be required . (4) SPECIAL USES, ESPECIALLY IF ADJACENT TO RESIDENTIAL USES, MAY BE REQUIRED TO MEET GREATER SIDE YARD SETBACKS, TO BE DETERMINED THROUGH THE SPECIAL USE PERMIT REVIEW PROCESS. ~-SpeGial uses: The miAimum width of side yard shall ~e t-A·eAty fi¥e (2S) feet exGept as follows: (1) Thirty (30) feet where aEijaGeAt to a dediGated pu~liG street. (2) 8e¥eAty fi•te (7S) feet where a side yard a~uts property i!OAed resideAtial, or 'Nhere i!OAed agriGultural aAd there is a resideAtial struGture withiA tweAty fi¥e (2S) feet of the iAdustrial property. There shall ~e a six foot high solid deGorati¥e wall or feAGe aAd teA (1 0) feet of laAdsGapiAg adjaGeAt to the property liAe. (3) Where a side yard a~uts a railroad right of way, Ao side yard set~aGk shall ~e required. 7 . Rear yard setback. a. Principal permitted and accessory uses : Ten (1 0) feet for a one-story building and an additional five (5) feet per each additional story thereafter, except as follows : ( 1) Any rear yard which abuts a public street shall have a minimum setback of fifteeA l1S) TEN (10) feet for all structures. (2) Any rear yard wh ich abuts a public alley shall have a m1mmum setback for all structures of five (5) feet from the edge of the alley. (3) Where a rear yard abuts property zoned residential , or where zoned agricultural and there is a residential USE struGture withiA fifteeA (1 S) feet of the GommerGial property, a FIFTEEN (15) FOOT landscaped buffer meet ing the requirements of section 26-502E. (landscape buffering for parking lots), shall be required. (4) SPECIAL USES, ESPECIALLY IF ADJACENT TO RESIDENTIAL USES, MAY BE REQUIRED TO MEET GREATER REAR YARD SETBACKS, TO BE DETERMINED THROUGH THE SPECIAL USE PERMIT REVIEW PROCESS. b. SpeGial uses: The minimum Elepth of a rear:YaFEI shall be tv;enty l20) feet eJEGept as fellwNs: (1) Thirty (30) feet where aEijaGent to a EleEiiGateEI publiG street. ~2) Se'lenty fi'le (7&) feet where a siEie yarEI abuts property i!eneEI resiEiential, or where i!OAeEI agriGultural anEI there is a resiEiential ~truGture within t\'Jenty fi'le (2&) feet of the inEiustrial property. There shall be a siK feet high seliEI EleGerati•Je wall or fenGe anEI ten (10) feet of lanEisGaping aEijaGeAt to the property line. (3) Where a rear yarEI abuts a railreaEI right of way, no rear yarEI setbaGk shall be requireEI. 8 . Parking requirements. See section 26-501 9. Landscape requirements. See section 26-502 10 . Fencing requirements . See section 26-603 11 . Sign requirements. See article VII. 12. Streetscape and architectural design guidelines. See Architectural and Site Design Manual and Streetscape Design Manual, section 26-224 13. OUTDOOR STORAGE. MERCHANDISE, MATERIAL OR STOCK MAY NOT BE STORED IN THE FRONT OF BUILDINGS. OUTDOOR STORAGE MAY ONLY OCCUR WITHIN THE SIDE OR REAR YARDS AND MUST BE COMPLETELY SCREENED FROM ADJACENT PROPERTIES AND STREETS BY A SIX-FOOT HIGH OPAQUE WALL OR FENCE IN ADDITION TO TREES TO BE PLACED AT !THIRTY-FOOT INTERVALS. MERCHANDISE. MATERIAL OR STOCK SHALL NOT BE STACKED TO A HEIGHT GREATER THAN THAT OF THE SCREENING WALUFENCE. Section 6: Section 26-301.8 of the Code is amended to read: B. Applicability. On and after the effective date of this chapter as set forth in section 26- 1 003 , 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 OR TO THE INDUSTRIAL-EMPLOYMENT ZONE DISTRICT, for properties of any size . 2 . An application for a zone change to any •nEiustrial, 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. Section 7: Section 26-502.D .3 of the Code is amended to read : 3 . Nonresidential uses : a . Required within the minimum building setbacks abutting public rights-of-way: One (1) tree , deciduous or evergreen , for every thirty (30) feet (or portion thereof) of street frontage. This should not be construed to mean trees placed thirty (30) feet on center. Trees provided in building setbacks shall not replace any requirements for street trees established in the Streetscape Design Manual (see section 26-224). b. In addition to trees required based upon public street frontage , one (1) tree and ten (1 0) shrubs are required for every one thousand (1 ,000) square feet of requ ired landscape area. c . Required landscaped areas shall be as follows : (1) IN COMMERCIAL ZONE DISTRICTS, b!andscaping shall not be less than twenty (20) percent of the gross lot area . IN THE INDUSTRIAL-EMPLOYMENT ZONE DISTRICT, LANDSCAPING SHALL NOT BE LESS THAN FIFTEEN (15) PERCENT OF THE GROSS LOT AREA. (2) On any nonresidentially zoned property abutting 44th Avenue , 38th Avenue , Kipling Street, Wadsworth Boulevard , Youngfield Street , Ward Road , Sheridan Boulevard , or 1-70 frontage roads , a landscaped area measuring ten (10) feet from the edge of the right-of-way is required for the entire length of the property abutting these roadways , except for curb cuts. This area may be used to meet the other area requirements . This requirement may be waived by the community development director where build-to requirements from a mixed use zone district or t he Arch itectural Site Design Manual apply . Section 8: Section 26-604 of the Code is amended to read : Section 26-604. Storage of flammable liquid or gases. No aboveground storage of flammable liquids or gases in excess of two thousand (2 ,000) gallons shall be permitted in any district other than the industrial-EMPLOYMENT district unless approved as a special use and in conformance with the Uniform Fire Code and other applicable laws. Section 9: Section 26-624.A of the Code is amended to read: A. As permitted in various zone districts (see section 26-204): 1 . Bulk storage or piles of materials must be screened from view of adjacent properties by a view-obscuring fence six (6) feet in height; 2. In Agricultural Use Districts (A-1 and A-2), bulk storage or piles of such materials shall not be permitted within a front yard setback and shall be no closer than twenty-five (25) feet to side or rear lot line; 3. In restricted commercial, commercial and industrial-EMPLOYMENT use districts, bulk storage or piles of such materials shall not be permitted within a front yard setback and shall be no closer than twenty-five (25) feet to a side or rear lot line which abuts residentially or agriculturally zoned property. Section 10: The heading for Chart 2 in Section 26-710 is amended to read: TABLE 4 ~·SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL, AND MIXED USE DISTRICTS (NC, RC, C-1, C-2, 1-E, MU-C, MU-C TOO, MU-C Interstate, MU-N) Section 11: Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 12: Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of 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 the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 13: Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of September, 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 Monday, October 8, 2012 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to_, this day of , 2012 . SIGNED by the Mayor on this __ day of _____ , 2012. ATIEST: Janelle Shaver, City Clerk First Publication: September 27, 2012 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney "~ ~ ~ .. ~ " City of • :rWheatRL_dge ITEM NO: 3.. DATE: October 8, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2012 AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE REVIEW PROCESS FOR PUBLIC SCHOOLS 0 PUBLIC HEARING 0 BIDS/MOTIONS 0 RESOLUTIONS ISSUE: 0 ORDINANCES FOR 1sT READING (09/24/2012) ~ ORDINANCES FOR 2ND READING (10/08/2012) 0 YES The City's zoning code requires a Special Use Permit (SUP) for public and private schools in all residential zone districts, agricultural zone districts, and in the Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial-One (C-1) districts. Prior to a new school opening in one of these zone districts , the applicant is required to complete the SUP process. An SUP is al so required if an expansion beyond the size of the originally-approved school is proposed. The State of Colorado adopted legislation about the siting and construction of public and charter schools, codified in Section 22-32-124 ofthe Colorado Revised Statutes (CRS). According to the City Attorney, the City's current requirement for an SUP for a public or charter school is in conflict with this state law. The proposed ordinance would update the review process for public schools so that it conforms to Colorado law. PRIOR ACTION: City Council reviewed a draft of this ordinance at a Study Session on August 6 , 2012. Planning Commission recommended approval of the proposed ordinance at a Public Hearing on September 6 , 2 012, with the condition that the use categories for schools be consistent across all zone districts, to match the language in the Commercial Industrial distri cts. This condition has been incorporated into the attached ordinance. Council Action Form October 8, 2012 Page 2• t FINANCIAL IMPACT: There is no financial impact associated with this ordinance. BACKGRO UND: Public and private schools are currently a special use in all residential zone districts, agricultural zone districts, and in the Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial-One (C-1) zone districts. Any special use requires an approved Special Use Permit (SUP) in order to legally operate. The SUP process entails a neighborhood meeting, referral of the application to outside agencies and utility providers, and a public noticing period. If public objections are received, an SUP must be approved in a public hearing by City Council. If not, an SUP may be approved administratively. SUP's are approved, approved with conditions, or denied based on a list of criteria that relate to the impacts of the use. The SUP process typically takes about three months and entails the review of a site plan and, for some uses, also requires review of a traffic study. The City has been requiring SUPs for new or expanded schools in the zone districts listed above for many years. Recently, a charter school in Wheat Ridge (located in residential and agricultural zone districts) requested an expansion. Staff informed them of the typical process to apply for an updated SUP that would address the impacts, particularly related to traffic, of a significantly increased student body. The charter school protested, citing the regulations in CRS 22-32-124, which state that local jurisdictions "cannot limit the authority of a board of education to finally determine the location of the public schools of the school district and construct necessary buildings and structures." Staff consulted the City Attorney on this topic. After careful review of the legislation and case law the City Attorney concluded that Wheat Ridge cannot require a public school or charter school to complete an SUP before granting permission to locate on a new site or to expand at a current site. The City Attorney did find , however, that it is acceptable to require review of a site plan and other necessary documents, such as a traffic study, for a new or expanding public school. The attached ordinance would replace the Special Use Permit requirement for public and charter schools with a site plan review requirement. RECOMMENDATIONS: The primary purpose of this code change is to (a) bring Wheat Ridge zoning regulations into conformance with state law and (b) continue to provide a method to review the impacts of a school on its surrounding neighborhood. The first proposed code change is to clearly list public schools, which includes charter schools, as a permitted use in all zone districts. According to the City Attorney, this is the only way to ensure compliance with the state's regulations. Private schools, as well as colleges and universities would remain special uses in the same zone districts that they are today. The second proposed code change is to clarify that, although public schools are a permitted use in any zone district, they are subject to the site plan review process. Similar to the SUP process, the site plan process requires submittal of a site plan as well as any other supplemental material Council Action Form October 8 , 2012 Page 3 that staff deems necessary, such as building elevations, landscape plans, drainage studies, and traffic impact studies. Also similar to the SUP process, staff places the proposed site plan on review to outside agencies and utility providers for their comments. Unlike an SUP, the site plan process does not require a neighborhood meeting or public comment period and there is no chance that it will go to public hearing. All site plans are approved administratively. Staff recommends approval of this ordinance in order to bring the City's regulations into conformance with state law. RECOMMENDED MOTION: "I move to approve Council Bill No . 22-2012 , an ordinance amending Chapter 26 concerning the review process for public schools and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely the ordinance to amend Chapter 26 concerning the review process for public schools for the following reason(s) " REPORT PREPARED BY; Sarah Showalter, Planner II Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 22-2012 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER POND COUNCIL BILL NO. 22 ORDINANCE NO. ___ _ Series of 2012 TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE REVIEW PROCESS FOR PUBLIC SCHOOLS 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's current requirement for public schools to complete a Special Use Permit does not comply with the Colorado Revised Statutes, Title 22; and WHEREAS, the City wishes to amend Chapter 26 so that the review process for public schools complies with state law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-123 of the Code is amended to include the following new definitions in appropriate alphabetical order: SCHOOL. PRIVATE. ANY PRIVATE OR PAROCHIAL SCHOOL FOR ANY GRADES !BETWEEN KINDERGARTEN AND TWELFTH THAT IS NOT A PUBLIC SCHOOL AND THAT IS EITHER ACCREDITED BY THE COLORADO DEPARTMENT OF tEDUCATION OR RECOGNIZED BY AND IN GOOD STANDING WITH THE COLORADO DEPARTMENT OF EDUCATION. THIS TERM SHALL NOT INCLUDE DAY CAMPS OR TRADE OR BUSINESS SCHOOLS. SCHOOL PUBLIC. ANY SCHOOL THAT DERIVES ITS SUPPORT IN WHOLE OR ART FROM MONEYS RAISED BY A GENERAL STATE COUNTY OR DISTRICT AX AND THAT IS ACCREDITED BY THE COLORADO DEPARTMENT OF EDUCATION. A PUBLIC SCHOOL SHALL ALSO INCLUDE A SCHOOL THAT OPERATES UNDER A CHARTER CONTRACT ENTERED INTO PURSUANT TO THE PROVISIONS OF ARTICLE 30.5 OF TITLE 22, C.R.S. 1 Attachment 1 Section 2: Section 26-123 of the Code is amended to delete the following definitions: SGheel, publiG, pri"w<ate aRd pareGhial. Any publiG, paroehial er pri¥ate seheel fer any graEies bel\..-een kinEiergarten anEitwelfth that is either aeereEiiteEI by the CeleraEie Department of EEiueatien or reeegni~eEI by anEI in geeEI stanEiing with the CeleraEie Department of EEiueatien fer purposes of eempulsery eEiueatien requirements. This term shall net ineluEie "traEie or business seheels" er "Eiay eamps." Section 3: The Tables of Uses in Section 26-204 of the Code are amended to read: Section 26-204. Zone district use schedule Table of Uses-Residential Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A One-family p p p p p p dwelling Two-family p p dwelling Three-family p dwelling Four-family p dwelling Multifamily dwelling Bed and breakfast See§ 26-608 s s s s s s Church , parish s s s s s s house Day care home, s s s s s s large Electric s s s s s s transmission substation Farmers' markets Not permitted as an p p p p p p accessory use on properties where the 2 R-3 R-3A p p p p p p p p p p s s s s p p s s p p Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A primary use is a single-or two-family home. Submittal to community development department required. See§ 26-635 Foster care home p p p p p p p p Governmental and No outside storage p p p p p p p p quasi- governmental buildings, fire stations and public utility buildings Governmental and Outside storage s s s s s s s s quasi- governmental buildings, fire stations and public utility buildings Parking of Shall be allowed only on p p p p p p p p automobiles of lots containing clients , patients or nonresidential or quasi- patrons of public uses , subject to § adjacent 26-501C.4 commercial or nonresidential uses Parking of Shall be allowed on lots s s s s s s s s automobiles of adjacent to business only clients, patients or if the business owner also patrons of owns the adjacent lot adjacent commercial uses Parks Includes: Noncommercial p p p p p p p p playgrounds or other public recreation uses Produce stands See§ 26-636. Where p p p p p p p p located on a lot with a 3 Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A residential dwelling unit, must meet home occupation regulations per§ 26-613 Public or private Restaurants , lounges and s s s s s s s s golf courses , bars permitted as country clubs or accessory to a public or clubs operated for private golf course the benefit of members only and not for gain PYt:.liG aRd s s s s s s s s pFit.tate ssheels, selleges aRd YRi¥eFsities. Residential group See§ 26-612 s s s s s s s s home for children Residential group See§ 26-612 p p p p p p p p homes, nursing homes, and congregate care facilities for 8 or fewer elderly persons Residential group See§ 26-612 s s s s s s s s homes , nursing homes, or congregate care facility for 9 or more elderly persons SCHOOLS FOR CONDUCTED ENTIRELY ~ ~ ~ ~ ~ ~ ~ ~ INDUSTRIAL OR tWITHIN AN ENCLOSED BUSINESS BUILDING ITRAININGI )NCLUDING 1VOCATIONAL 4 Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A irRADE OR PROFESSIONAL SCHOOLS AND CObLEGES AND UNIVERSITIES ~CHOOLSj MUST COMPLETE SITE f e f f f ~ f f PUBLIC ~LAN REVIEW (KINDERGARTEN [PROCESS PER§ 26-111 1"HROUGH TwELFTH INCLUDES THOSE GRADE) ACCESSORY USES COMMONLY ACCEPTED AS NECESSARY THERETO WHEN LOCATED ON THE SAME PREMISES. SCHOOLS: INCLUDES: THOSE § ~ § ~ § § § § PRIVATEi ACCESSORY USES (KINDERGARTEN COMMONLY fr HROUGH ACCEPTED AS frwELFTH NECESSARY THERETO GRADE) WHEN LOCATED ON THE SAME PREMISES SCHOOLSj INCLUDES: THOSE ~ § § ~ § 5 § § COLLEGES AND ACCESSORY USES UNIVERSITIES COMMONLY WITH OUTDOOR ACCEPTED AS ~AM PUS NECESSARY THERETO WHEN LOCATED ON THE SAME PREMISES Urban gardens See§ 26-637 p p p p p p p p Wind powered Not in excess of 35 feet s s s s s s s s electric generators 5 Table of Uses-Agricultural and Public Facilities Uses Notes A-1 A-2 PF Bed-and-breakfast Subject to requirements set forth in§ s s 26-608 Cemeteries and Not including funeral homes s s crematories Churches parish s s houses Day care home, large s s Day care center, large s s Day care center, small s s Dog kennels, Provided that outside runs which are s s catteries, veterinary adjacent to residentially zoned or used hospitals property are no closer than 25 feet to a side or rear lot line Electric transmission s s substations Farmers' markets Submittal to community development p p p department required. See§ 26-635 General farming and PROHIBITED in A-1: The raising or p p raising or keeping of keeping of swine stock, bee keeping, INCLUDED in A-2: The keeping of poultry or small animals such as swine and/or potbellied pigs, Sus rabbits or chinchillas Scrota Vittatus, except such animals shall not be fed garbage Foster care home p p Fish hatcheries p p Governmental and No outside storage p p p quasi-governmental buildings, fire stations and public utility buildings 6 Uses Notes A-1 A-2 PF Governmental and Outside storage s s p quasi-governmental buildings, fire stations and public utility buildings Greenhouses and See§ 26-624 p p landscape nurseries, including both wholesale and retail sales of related products One-family dwelling p p Parks Includes noncommercial playgrounds p p p or other public recreation uses Produce stands See § 26-636. Where located on a lot p p p with a residential dwelling unit, must meet home occupation regulations per § 26-613 PubliG and pFiwte In publis fasility distFiGt enly publiG s s p ssheels, Gelleges, ssheels and uni¥eFsities Public or private golf Not including a private club which s s courses, country clubs provides service customarily carried on or clubs operated for as a business the benefit of members only and not for gain Race track, fair s s grounds, amusement resorts, heliports, radio towers and stations Residential group See§ 26-612 p p homes for 8 or fewer elderly persons 7 Uses Notes A-1 A-2 PF Residential group or See§ 26-612 s nursing homes, or congregate care facilities for 9 or more elderly persons SCHOOLS FOR CONDUCTED ENTIRELY WITHIN AN ~ ~ ~ INDUSTRIAL OR ENCLOSED BUILDING BUSINESS TRAINING. INCLUDING VOCATIONAL TRADE OR PROFESSIONAL SCHOOLS AND COLLEGES AND UNIVERSITIES SCHOOLS; PUBLIC MUST COMPLETE SITE PLAN f f f {KINDERGARTEN REVIEW PROCESS PER§ 26-111 THROUGH TWELFTH GRADE) INCLUDES THOSE USES COMMONLY ACCEPTED AS NECESSARY THERETO WHEN LOCATED ON THE SAME .PREMISES. SCHOOLS; PRIVATE INCLUDES: THOSE ACCESSORY § ~ ~ (KINDERGARTEN USES COMMONLY ACCEPTED AS THROUGH NECESSARY THERETO WHEN TWELFTH) LOCATED ON THE SAME PREMISES SCHOOLS; INCLUDES: THOSE USES ~ ~ ~ COLLEGES AND COMMONLY ACCEPTED AS UNIVERSITIES WITH NECESSARY THERETO WHEN OUTDOOR CAMPUS LOCATED ON THE SAME PREMISES Residential group See§ 26-612 s homes for children Riding academies and Provided that any structure housing p p animals which is adjacent to a 8 Uses Notes A-1 A-2 PF public stables residentially zoned or used property shall be no closer than 25 feet to a side or rear lot line Urban gardens See§ 26-637 p p p Wind -powered electric s s generators not in excess of 35 feet. Table of Uses-Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 1-E Schools for Conducted entirely within an enclosed f s s industrial or building f f business training , including vocational trade or professional schools,AND COLLEGES AND UNIVERSITIES SCHOOLS; MUST COMPLETE SITE PLAN f f f f f PUBLIC REVIEW PROCESS PER§ 26-111 ~KINDERGARTEN THROUGH ITWELFTH GRADE) INCLUDES: THOSE USES COMMONLY ACCEPTED AS NECESSARY THERETO WHEN LOCATED ON THE SAME PREMISES Schools : PuhliG; INCLUDES : Those uses commonly s s s p p PRIVATE accepted as necessary thereto when 1(KINDERGARTEN located on the same premises THROUGH iTWELFTH GRADE) SCHOOLS; INCLUDES: THOSE USES ~ ~ ~ f f ~OLLEGES AND COMMONLY ACCEPTED AS UNIVERSITIES INECESSARY THERETO WHEN WITH OUTDOOR LOCATED ON THE SAME PREMISES CAMPUS Section 4: Safety Clause. The C ity Council hereby finds , determines , and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promulgated for the health , safety and welfare of the public and that this 9 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 5: Severability; Conflicting Ordinances 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 the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6: Effective Date. This Ordinance shall take effect fifteen days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of September, 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 Monday, October 8, 2012 at 7:00 p.m., in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to_, this day of , 2012. SIGNED by the Mayor on this __ day of _____ , 2012. ATTEST: Janelle Shaver, City Clerk First Publication: September 27 , 2012 Second Publication : Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney 10 ~ '~ ~ ... _ r City of • ?WheatRi_dge ITEM NO:~ DATE: October 8, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 24-2012 -AN ORDINANCE AMENDING CHAPTER 21-107 OF THE WHEAT RIDGE CODE OF LAWS TO PERMIT WAIVER OF INSURANCE REQUIREMENTS FOR CERTAIN LONG-TERM RIGHT-OF-WAY PERMITS 0 PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (9/24/2012) ~ ORDINANCES FOR 2ND READING (1 0/08/2012) QUASI-JUDICIAL: ~ES _/~~~ c~ Director of YuiJliCWOrkS ISSUE: The existing ordinance allows right-of-way use permits to be issued for a maximum time of five years and requires that property owners provide evidence of insurance while right-of-way use pennits are in force. Some of the right-of-way use permits , which are routinely reissued , authorize semi-permanent improvements , such as fences , walls , etc. The proposed amendment to the City Code would allow such "long-term" permits to be issued without a defined termination date. The proposed ordinance amendment would continue to require City indemnification for long-term right-of-way use permits , but would not require that insurance certificates be provided to the City. Long-term permits would also be recorded against the affected properties to ensure that future owners are aware of the permits. PRIOR ACTION: The City Council discussed the proposed ordinance change at its August 6 , 2012 Study Session. The ordinance was passed on first reading on September 24, 2012. FINANCIAL IMPACT: None Council Action Form October 8, 20 12 Page 2 .E BACKGROUND: Currently, right-of-way use permits are issued to allow property owners use of adjacent City street right-of-way for temporary purposes. Many applications are, however, for semi-permanent improvements, such as fences , irrigation systems, retaining walls, etc. These permits are issued for five years and must be re-issued to maintain the improvements. TI1e City Code also requires that property and liability insurance be maintained to the benefit of the City. Certificates of insurance are kept on file for each permit. Staff is recommending that the City Code be amended to allow some permits to be issued with an indefinite termination . Such permits would be recorded with the County to ensure that future property owners are aware of the permits, along with the liability associated with them. Long- . term permits could also be exempt from the obligation of supplying insurance certificates to the City. RECOMMENDATION: Adopt the ordinance as attached. RECOMMENDED MOTION: "I move to approve Council Bill No. 24-2012 , an ordinance amending Chapter 21-107 of the Wheat Ridge Code of Laws to permit waiver of insurance requirements for certain long term right-of-way permits on second reading and that it take effect 15 days after final publication ." Or, "I move to table indefinitely Council Bill No. 24-2012, an ordinance amending Chapter 21-107 of the Wheat Ridge Code of Laws to permit waiver of insurance requirements for certain long term right-of-way permits, for the following reason(s) " REPORT REVIEWED AND PREPARED BY: Gerald E. Dahl , City Attorney Tim Paranto , Director o f Public Works ATTACHMENTS: 1. Council Bill No. 24-2012 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LANGWORTHY Council Bill No. 24 Ordinance No. ----Series 2012 TITLE: AN ORDINANCE AMENDING CHAPTER 21-107 OF THE WHEAT RIDGE CODE OF LAWS TO PERMIT WAIVER OF INSURANCE REQUIREMENTS FOR CERTAIN LONG-TERM RIGHT-OF-WAY PERMITS WHEREAS, Section 15.9 of the Wheat Ridge Home Rule Charter authorizes the Council to permit use of City rights-of-way and other City property; and WHEREAS, the City of Wheat Ridge, acting through its City Council has authority to enact ordinances governing the use of City rights-of-way; and WHEREAS, in the exercise of this authority the Council has previously enacted Article Ill of Chapter 21 of the Wheat Ridge Code of Laws entitled "Permits for Use of Right-of Way"; and WHEREAS, the Council wishes to amend the Code to permit long-term right-of- way use permits to be issued without requirement of insurance, conditioned upon the permittee indemnifying the City and the permit being recorded. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 21-102 of the Wheat Ridge Code of Laws is amended to read: Sec. 21-102.-Term of right-of-way use permits. The term of the permit provided for by this article shall be no longer than five (5) years from the date of issuance, UNLESS THE PERMIT IS TO BE RECORDED AS PROVIDED BY SECTION 21-107(D), IN WHICH CASE THE TERM MAY BE OF ANY LENGTH OR INDEFINITE. The DIRECTOR OF PUBLIC WORKS city engineer shall determine the appropriate term and issue the permit accordingly. Issuance of any permit shall not preclude the city from terminating said permit at any time, without liability to the city, pursuant to the provisions of section 21-104 of this Code and Charter section 15.9. Section 2. Section 21-107 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (d) to read: Attachment 1 Sec. 21-107. Insurance requirements. (a) ... (d) The requirements of this section may be waived by the director of public works upon the condition that the permittee adequately indemnify the city and that the permit itself be recorded in the real property records of the Jefferson County Clerk & Recorder. Section 3. 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 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of September, 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 Monday, October 8, 2012 at 7 :00p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of , 2012. SIGNED by the Mayor on this __ day of _____ , 2012. ATTEST : Janelle Shaver, City Clerk First Publication: September 27, 2012 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl , City Attorney .... ~ ~ # .... .,. City of • J?"WheatRi_dge c-1. ITEM NO: DATE: October 8, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 25-2012 -AN ORDINANCE AMENDING SECTION 5-45 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING CERTAIN ESCROW AGREEMENTS AS SECURITY FOR PUBLIC IMPROVEMENTS D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS 1:8:] ORDINANCES FOR 1ST READING (1 0/8/2012) 0 ORDINANCES FOR 2N° READING (10/22/2012) 2Sl-JYPICI ~ES City Manager ISSUE: The City Code requires construction of certain public improvements as a condition of building permit issuance. The governing ordinance was amended in late 2011 eliminating the use of escrows to ensure construction of any required public improvements. Escrows currently held for commercial and industrial building permits are to be retained indefinitely. The proposed ordinance would allow the refunding of all escrows if the associated public improvements have not been constructed within ten years. PRIOR ACTION: The City Council discussed the proposed ordinance change at its August 6 and September 17, 2012 Study Sessions. FINANCIAL IMPACT: None BACKGROUND: In October, 2011 , the City Council amended Chapter 5 of the City Code, eliminating the requirement of escrows for public improvements associated with some building permits. There were many escrows in place at the time of the ordinance amendment. Existing escrows on residential properties will be returned to the original property owner if they are not utilized by Council Action Form October 8 , 2012 Page 2 •• the City to complete the improvements within ten years . However, the prior ordinance language required that escrows on commercial and industrial properties be held indefinitely. The City is currently holding 14 escrows for public improvements associated with building permits on commercial and industrial properties. The proposed ordinance amendment would allow the return of the commercial and industrial property public improvement escrows after ten years, the same as the escrows held for residential building permits. RECOMMENDATION: Adopt the ordinance as attached. RECOMMENDED MOTION: "I move to approve Council Bill No. 25-2012, an ordinance amending Section 5-45 of the Wheat Ridge Code of Laws concerning certain escrow agreements as security for public improvements, on first reading, order it published , public hearing set for Monday, October 22 , 2012 at 7:00p.m. in the City Council Chambers, and that it take effect 15 days after final publication." Or, "1 move to postpone indefinitely Council Bill No . 25-2012an ordinance amending Section 5-45 of the Wheat Ridge Code of Laws concerning certain escrow agreements as security for public improvements, for the following reason(s) " REPORT PREPARED BY; Tim Paranto, Director of Public Works ATTACHMENTS: 1. Council Bill No . 25-2012 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 25 Ordinance No. ___ _ Series 2012 TITLE: AN ORDINANCE AMENDING SECTION 5-45 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING CERTAIN ESCROW AGREEMENTS AS SECURITY FOR PUBLIC IMPROVEMENTS WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority to regulate the development of land and the construction of public improvements in connection therewith; and WHEREAS, in the exercise of this authority, the City Council has previously adopted Section 5-45 of the Wheat Ridge Code of Laws requiring public improvements as a condition of building permit issuance; and WHEREAS, a prior version of Section 5-45 permitted posting of security by development covenant and escrow when immediate construction of the required improvements would be impractical; and WHEREAS, the City currently holds escrowed funds for public improvements for certain industrial and commercial projects, for which the public improvements originally planned have not been constructed and may never be required in the nature and location originally contemplated by the associated escrow; and WHEREAS, the City Council wishes to amend Code Section 5-45 to permit the City to credit such escrowed funds to the Public Improvements Fund of the City, after notice and opportunity for hearing being given to the original developer. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-45 of the Wheat Ridge Code of Laws, entitled "Public improvements required" is amended by the addition of a new subsection (i) to read as follows: (i) THE PUBLIC WORKS DIRECTOR SHALL HAVE THE AUTHORITY TO CLOSE ANY ESCROW HELD BY THE CITY UNDER THE PRIOR VERSION OF THIS SECTION, FOR COMMERCIAL OR INDUSTRIAL PROJECTS AND REFUND THE MONIES TO THE ORIGINAL DEPOSITOR, UPON SATISFACTION OF THE FOLLOWING CONDITIONS: 1. THE ESCROW HAS BEEN HELD BY THE CITY FOR TEN (10) YEARS OR MORE; Attachment 1 2. WRITTEN NOTICE AND AN OPPORTUNITY FOR HEARING BEFORE THE PUBLIC WORKS DIRECTOR SHALL BE GIVEN BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE DEVELOPER; 3. THE DIRECTOR MUST FIND THAT THE ORIGINAL PURPOSE OF THE ESCROWED FUNDS HAS BEEN OR CANNOT BE FULLFILLED. Section 2. Severabilitv. 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 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to_ on this 81h day of October, 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 Monday, October 22, 2012 at 7:00 p.m ., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge , Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_to _,this day of , 2012. SIGNED by the Mayor on this __ day of _____ , 2012. ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney ~ 4 , ...... ~ ~ City of • ?WheatRi9ge ITEM NO: DATE: October 8, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 50-2012-A RESOLUTION APPROVING THE RECOMMENDATION OF THE CULTURAL COMMISSION TO ACCEPT A BRONZE FOX SCULPTURE DONA TED BY THE ARTS COUNCIL OF WHEAT RIDGE D PUBLIC HEARING D BIDS/MOTIONS k8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING DYES City Manager The Arts Council of Wheat Ridge would like to donate a bronze fox sculpture to the City of Wheat Ridge. The Cultural Commission recommends that City Council approve the acceptance of a bronze fox sculpture. PRIOR ACTION: The Cultural Commission Public Art Management Plan outlines a formal process for accepting public art donations. The Cultural Commission convened an art acquisition committee to review the donation. The sculpture was reviewed and the art acquisition committee recommended to the Cultural Commission to accept the sculpture and place it in a landscaped area outside the west entrance of the Municipal Building. At the September 12 ,2012 , Cultural Commission monthly meeting, the Commission unanimously agreed with the recommendation to accept the donation and to refer to City Council for final approval , per the Public Art Management Plan. FINANCIAL IMPACT: The sculpture and rock foundation are being donated by the Wheat Ridge Arts Council. Installation will be a combined effort with the Parks Division and Tom Abbott , a member of the Arts Council of Wheat Ridge, at minimal cost. Council Action Form October 8, 2012 Page2 BACKGROUND: The Cultural Commission acts on behalf of the City to enhance the public spaces and provide for a more aesthetic and humane environment in the City by acquiring works of art which shall become the City's public art collection. Their duties include making recommendations on issues concerning culture and the arts to City Council and to promote and develop positive relationships with other persons and entities interested in promotion of culture and the arts. The Parks Division will be completing landscape improvements to the northwest side of City Hall in 2012 as the planting season allows. These improvements include incorporating the placement of the fox sculptw:e into the design. RECOMMENDATIONS: Staff recommends the acceptance of the bronze fox sculpture donation. RECOMMENDED MOTION: "I move to approve Resolution No. 50-2012, a resolution approving the recommendation of the Cultural Commission to accept a bronze fox sculpture donated by the Arts Council of Wheat Ridge." Or, "I move to deny Resolution No. 50-2012, approving the recommendation of the Cultural Commission to accept a bronze fox sculpture donated by the Arts Council of Wheat Ridge for the following reason(s) " REPORT PREPARED/REVIEWED BY: Julie Brisson , Recreation and Facilities Manager Joyce Manwaring, Parks and Recreation Director ATTACHMENTS: 1. Resolution No. 50-2012 2. Sculpture photograph and installation drawing 112• stainless steel nut br-onze Grade/ Not to scale rock 4 • concrete steel mesh 112• stainless steel allthread glued with epoxy approx. ~· deep 4 • concrete footer r:; ,,? ~0 'I . I\ I ( ;L '1 ')( ~ ... , Mounting system for "Red, white, and true blue. by Bonnie R. T. Dickson ~A~ ..... I r City of • JP"'WheatR!_dge ITEM NO:~ DATE : October 8 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFQ-12-19 YOUNGFIELD RESTROOM RENOVATION DESIGN/BUILD CONTRACT TO WHITE CONSTRUCTION GROUP IN THE AMOUNT OF $134,449 AND APPROVE A CONTINGENCY AMOUNT OF $13,445 0 PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES The existing restroom located at the Youngfield Trailhead, 4150 Youngfield St., functions as a self-composting system . This project would serve to convert this existing system to a sanitary sewer/conventional flush type toilet system. The project would provide a turnkey renovated building which would meet all Title II ADA 2010 standards for state and local government facilities. The renovation will include demolition and removal of the existing plumbing, and sewer composting system, and the installation of a new plumbing and flush toilet system, sanitary sewer and sewer pump system, electrical and heating system and upgrades , a concrete foundation , and renovation of existing concrete flatwork. PRIOR ACTION: This project was approved in the adoption of the 2012 budget. FINANCIAL IMPACT: A Request for Qualifications was solicited from professional design/build firms for renovation design and construction of the existing restroom located at the Youngfield Trailhead. On June 12 , 2012 , two responsive submittals were received. The selection committee evaluated and Council Action Form October 8, 2012 Page 2 • ranked the qualifications. Based on project team experience, finn capabilities, past experience, approach and pricing, White Construction Group of Castle Rock, CO was the number one ranked finn . Pricing was negotiated. The cost of the Y oungfield restroom renovation project is $134,449 to be charged to the Conservation Trust Fund account 54-601-800-877 . The cost is inclusive of all labor, materials, and equipment needed for design , surveying, tie-ins storm water compliance, and construction. BACKGROUN D : The existing restroom was built in spring of 1994 and contained a self-composting faci lity made by Clivus Multrum, Inc. Included in the construction were a men's and women's restroom and a drinking fountain. The Y oungfield restroom consists of masonry construction and a laminated wood deck roof construction. A metal roof system was added due to damage from the July 2009 storm. The Clivus Multrum composter was installed in the basement and consists of the large tank with bulking agent, two liquid storage tanks, a liquid pump system , graywater system, ventilation system, and fire suppression system . The restroom is open and operates on a year-round basis due to its location adjacent to the Clear Creek Trail. The system has a maintenance schedule based on usage, and , under normal operating procedures, needs to be followed closely for successful operation of the composter. The system has been well-maintained since it was constructed; however, usage has increased and the system now requires daily maintenance. During initial construction, a wood-framed wall was constructed as part of the basement wall for removal of the existing com poster if needed . This wall is in need of repair and will be reconstructed as part of the renovation project. RECOMMENDATIONS: Staff recommend s the renovation of the Youngfield restroom and conversion of the existing self- composting system to a sanitary sewer/conventional flush type toilet system. RECOMMENDED MOTIO N : "I move to award RFQ-12-19 Youngfield Restroom Renovation Design/Build Contract to White Construction Group in the amount of$134,449 and approve a contingency amount of$13 ,445." Or, "I move to deny award of RFQ-12-19 Y oungfield Restroom Renovation Design/Build Contract to White Construction Group in the amount of $134,449 and the approval of a contingency amount of$1 3,445 for the following reason(s) " Council Action Form October 8, 2012 Page 3 REPORT PREPARED/REVIEWED BY: Rick Murray, Parks, Forestry and Open Space Manager Joyce Manwaring, Parks and Recreation Director Jennifer Nellis, Purchasing Agent ATTACHMENTS: 1. White Construction Group Proposal Cost Estimate-RFQ-JN-12-19 Youngfield Restroom Renovation Detail-With Taxes and Insurance ,Indirect Costs are Spread Group 1: Alternates Group 2 : Divisions Estimator : White Construction Group Project Size : 520 SF ltemCode Description Quantity UM Lab. Total Mat. Total Egp.Total Sub. Total TotaiCost Base bid General requirements 01300.201 State Construction Storm permit 1.00 Each 278 .33 278 01310 .110 Superintendent (112 Time) 4 .00 WEEK 9 ,554 .11 9 ,554 01310 .150 Move in & out 1.00 LS 247 .09 170.41 417 01310 .151 Architectural Services 1.00 LS 5,612 .05 5 ,612 01310 .152 Civil Engineering Services 1.00 LS 5,748 .37 5 ,748 01310 .153 Structural Engineering Services 1 .00 LS 2 ,624 .26 2 ,624 01510 .100 Temporarywiring 2 .00 MO 586 .20 586 01510 .110 Job telephone (112 Time) 1.00 MO 305 .60 306 01520 .120 Portable chemical toilet 2 .00 MO 305 .60 306 01520 .130 Water, ice and cups 2 .00 MO 122 .24 122 01520.140 First aid supplies 2 .00 MO 113 .60 114 01520 .150 Safety supplies 2 .00 MO 340 .81 341 01520 .160 Office supplies 2 .00 MO 170 .41 170 'I"' 01530 .011 Closeout Documents 1.00 LS 170 .41 170 .. 01540 .180 Small tools 2 .00 MO 403 .39 403 c G» 01540 .220 Gas , Oil & Repairs (112 Time) 4 .00 WEEK 855.67 856 E 01540 .240 Pickup truck (112 Time) 1.00 MO 488 .95 489 .c 01540 .320 Jobsite Computer (112 Time) 1.00 MO 106.35 106 u 01560 .120 Temporary job fence 220 .00 LNFT 941 .23 941 ftl .. 01580 .100 Job sign 1.00 EACH 794 .55 795 .. 01650 .100 Weekly Cleanup 8.00 WEEK 329 .45 136 .33 466 c 01740 .100 Job clean up 520 .00 SQFT 85 .66 11 .81 206 .76 304 01740 .130 Dumpster 2 .00 EACH 611 .19 611 **Total General requirements 10,216.31 1,392.11 4,934.75 14,777.63 31,321 Sitework 02200 .000 Silt Fence 490 .00 LNFT 1,252 .49 1,252 02221 .105 Remove sidewalk 92 .00 SQFT 378 .87 112 .46 491 02221 .210 Remove wood partition 64.00 SQFT 105 .42 105 02221 .625 Remove toilet partition 2 .00 EACH 115 .31 115 02221 .800 Cut-out composting Unit 50 .00 SQFT 382.99 383 02221 .825 Core drilling 4" (6" Deep) 4 .00 EACH 105 .42 244 .48 350 02224 .521 Remove curb and gutter pan 23 .00 LNFT 261 .29 261 02316.402 Machine excavate pit I trench 2 .61 CUYD 35 .65 3 .03 39 02316 .403 Machine backfill pit I trench 1.34 CUYD 18 .29 0 .82 19 02500 .000 New Sewer Service wl Ejector/Grinder 1.00 LS 28 ,887 .28 28 ,887 Pump & Exc./Backfill of the foundation opening c :\Program Files\MC 2 Software\OLD LAPTOP\estfiles\Youngfield Restroom 8 .6 .12 .e Page 1 8/6/2012 03 :56PM Cost Estimate-RFQ-JN-12-19 Youngfield Restroom Renovation Detail-With Taxes and Insurance ,Indirect Costs are Spread Group 1 : A lternates Group 2 : Div isio ns Estimator : White Construction Group Project Size : 520 SF Item Code Description Quantity UM Lab. Total Mat Total Egp.Total Sub. Total Total Cost 02775.010 **Concrete in sidewalks** .... 02775.015 4000 psi direct 1.19 CUYD 19 .07 155 .8 1 175 02775.150 Sidewalk edge forms 38 .00 LNFT 85.14 40 .43 126 02775.230 Fine grade for sidewalk 92.00 SOFT 57 .21 57 02775 .330 Trowel and broom sidewalk 92.00 SOFT 65 .68 66 02775.380 Protect and cure sidewalk horizontal 92 .00 SOFT 16.00 16 surfaces 02775.382 Protect and cure vertical s idewalk surfaces 12.67 SOFT 2 .39 2 02775.450 6x6-2.1/2.1 mesh 1.11 SOS 26.48 55 .64 82 02779.891 * Sidewalk area * 92.00 Sqft **Total Sitework 1,413.93 251.88 360.78 30,401.05 32,428 Concrete 03111 .025 Forms @ trench 54 .25 SOFT 187.30 106 .74 294 03111 .104 Wall form 4' to 8' high 128.00 SOFT 695.40 260.96 956 03111 .189 Wall form hardware (includes wall ties) 64.00 SOFT 7 .45 7 03150 .900 Form releasing agent 128.00 SOFT 41 .79 3 .34 45 03150.900 Form releasing agent 54 .25 SOFT 17 .71 1.42 19 03210.160 Wall rebar 0 .05 TONS 51 .32 61 .04 112 03210 .525 Trench rebar 0 .06 TONS 57 .53 69 .70 127 03219.795 Rebar dowels 0 .01 TONS 60.96 11 .36 72 03310.500 **Concrete in trenches** **** 03310.537 Mix A direct 0 .62 CUYD 19 .02 102.50 122 03310.550 **Concrete in walls** •••• 03310.551 3000 psi direct 1.67 CUYD 73 .82 198 .91 273 03315.982 * Concrete wall area * 64.00 SOFT 03316.012 * Trench length * 23.00 Lnft 03350 .131 Point and patch 128.00 SOFT 23 .15 1.86 25 03350.131 Point and patch 54.25 SOFT 9 .81 0 .7 9 11 03390.011 Protect and cure vertical surfaces 128.00 SOFT 24 .29 3 .49 28 03390 .011 Protect and cure vertical surfaces 54.25 SOFT 10 .29 1.48 12 03390.012 Protect and cure horizontal surfaces 5.36 SOFT 0 .97 0 .1 1 1 03390.012 Protect and cure horizontal surfaces 72.00 SOFT 13.02 1.47 14 **Total Concrete 2.29 CUYD 1,286.39 832.62 2 ,119 Thermal and moisture protection 07109.911 * Vertical basement wall waterproofing * 104.00 Sqft 07140.030 Liquid elastomeric waterproofing 104.00 SOFT 203.78 112.30 3 16 •• Total Thermal and moisture protection 203.78 112.30 316 Finishes c :\Program Files\MC2 Software\OLD LAPTOP\estfiles\Youngfi eld Restroom 8 .6 .12 .e Page 2 8/6/2012 0 3 :56 PM Cost Estimate-RFQ-JN-12-19 Youngfield Restroom Renovation Detail-With Taxes and Insurance ,Indirect Costs are Spread Group 1: Alternates Group 2 : Divisions Estimator : White Construction Group Project Size : 520 SF Item Code Description Quantity UM Lab. Total Mat. Total Egp.Total Sub. Total Total Cost 09910 .033 Paint door 4.00 SIDE 140 .91 17.45 158 09910.213 Re-paint Painted CMU (epoxy) 1,048 .00 SOFT 1,420.25 178 .59 1,599 **Total Finishes 1,561.16 196.04 1,757 Specialties 10160 .020 Solid Plastic Floor mounted toilet 2 .00 EACH 337 .61 2 ,726 .50 3 ,064 compartment 10430 .035 Remove/Replace Existing Exterior signage 2 .00 EACH 280 .03 34 .08 314 10810 .100 Remove & Reinstall existing grab bars and 6 .00 EACH 102 .42 34 .08 137 TP dispensers ** Total Specialties 720.06 2,794.66 3,515 Mechanical 15400 .000 Deduct Mechanical Permit 1.00 LS -823 .63 -824 15400 .000 Deduct Mechanical Taxes 1.00 LS -1 ,363 .25 -1,363 15400 .000 Design/Build Mechanical 1.00 LS 52 ,598 .75 52 ,599 **Total Mechanical 50,411.87 50,412 Electrical 16000 .000 Design/Build Electrical -See attached 1.00 LS 16 ,188.60 16 ,189 scope ** Total Electrical 16,188.60 16,189 *Total Base bid 15,401.63 5,579.61 5,295.53 111,779.15 138,056 Alt. 2 -Deduct if Booster Pump not Required Mechanical 15400.000 Deduct booster pump for domestic water 1.00 LS -3 ,038 .91 -3,039 **Total Mechanical -3,038.91 -3,039 Electrical 16000.000 Deduct Booster Pump Circuit 1.00 LS -568 .02 -568 **Total Electrical -568.02 -568 *Total Alt. 2-Deduct if Booster Pump not R -3,606.93 -3,607 Total Estimate 15,401.63 5,579.61 5,295.53 108,172.22 134,449 c :\Program Files\MC 2 Software\OLD LAPTOP\estfiles\Youngfield Restroom 8.6 .12 .e Page 3 8/6/2012 03 :56PM Estimate Summary Summary Date 8/6/2012 I RFQ-JN-12-19 Youngfleld Restroom Renovation White Construction Group I 18 South Wilcox St. 520 SF Castle Rock j-t co Ubor ...,... lllllcannct T_ ............ .......,. --Ta&lle Direct c.-% Base labor $9 ,350 $4,911 $4 ,332 $95,219 1 $0 $0 $0 $113 ,812 Labor burden 45.00% $4 ,207 $4 ,207 -Labor fringes $0 $0 -Labor manhours 94 Material sales tax 0.00% $0 $0 Equi ment Surcharge 7 .60% $329 $329 - Subcontract Insurance Factor 0.00% so I $0 Tern orary material markup 7 .60% $0 $0 Eauioment~n~lma~uDI 7.60% $0 $0 Other markup 7 .60% $0 $0 1-GroMcoat $13 557 $4,911 $4.661 $95 219 $0 $0 $0 $118 349 Gross receipts tax 0 .00% $0 Builder's risk insurance 0 .30% $403 Overall Overhead r 6.00% 0.00% 0.00% 0.00% 0.00% 0 .00% 0.00% 0.00% $7,101 $0 $0 $0 $0 $0 $0 $0 $7 ,101 Profid 6.00% .0.00% 0.00% 0.00%. _0~00% 0.00% 0.00% 0.00% $7,101 $0 $0 $0 $0 $0 $0 $0 $7 ,101 Subcontract bond 0 .00% $0 Performance bond $1 ,495 $1,495 Miscellaneous 1 0 .00% $0 Miscellaneous 2 0 .00% $0 -- - Total $134.449 CuUAdd $0 i ProJect total $134.448 r