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Home My WebLink AboutCouncil Packet 03/14/2011 6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 14, 2011 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF February 28, 2011 PROCLAMATIONS AND CEREMONIES Proclamation for National Multiple Sclerosis Awareness Week Eighth Annual Wheat Ridge 6th & ath Grade Essay Contest Winners 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 .L L CONSENT AGENDA A. Resolution 09-2011 -accepting an Easement and the transfer of existing Assignments from Jefferson County for the purpose of providing a Corridor for the Clear Creek Trail. B. Motion to approve payment of Murray Dahl Kuechenmeister & Renaud LLP February 2011 Invoices for Legal Services in the amount of $24,562.64. C. Motion to approve award of RFQ-11-0a Design/Build of the Discovery Park Skate Park in the amount of $350,000 to Team Pain Enterprises, Inc., Winter Springs, Florida. CITY COUNCIL AGENDA: March 11,2011 Page -2-D. Motion to approve award of RFB-11-13 2011 Activities Guide Printing Services to Publication Printers in the amount of $27,738. E. Motion to approve the annual renewal for the Mobile COP Computer System in the amount of $24,174 to Interact Public Safety Systems. E. Motion to appoint Robert Blair, District II, to the Board of Adjustment. F. Motion to award RFP-11-1 Natural Gas Suppliers to BP Energy Company. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 6., Council Bill 06-2011 -amending Article 11 of the Wheat Ridge Code of Laws by adding a new Article XII concerning Medical Marijuana and making certain Amendments to Chapter 26 (Zoning and Development) in association therewith. 3. Council Bill 03-2011 -approving the Rezoning of property located at 11808 W. 44th Ave. From Commercial-One (C-1) and Commercial-One with Use Restrictions to Mixed Use -Commercial Interstate (MU-C Interstate) and Mixed Use -Neighborhood (MU-N) Zone Districts. (Case No. WZ-10-09/RV America) 4. Council Bill 02-2011 -amending Chapters 11 and 22 of the Wheat Ridge Code of Laws concerning Business License requirements and Taxpayer Remedies. ORDINANCES ON FIRST READING 5. Council Bill 07-2011 -amending Chapter 26 and adopting the Streetscape Design Manual. 6. Council Bill 08-2011 -approving the Annexation of Land located in Sections 19 and 20, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado. (Case No. ANX-11-01/Table Mountain An·,mal Center) L Council Bill 09-2011 -approving Planned Commercial Development (PCD) Zoning for Property located at 4105 Youngfield Service Road and approval of a PCD Concept Outline Development Plan on property located at 4000 Cabela Drive and 4105 Youngfield Service Road. (Case NO. WZ-11-01/Clear Creek Crossing) 8. Council Bill 10-2011 -approving a Planned Commercial Development (PCD) Specific Outline Development Plan on property located at 4000 Cabela Drive and 4105 Youngfield Service Road, more particularly identified as Lots 1.1, 2.1, 2.2, 2.3, 2.4, 3, 5.1, 5.2 and 5.3 within the Clear Creek Crossing Concept Outline Development Plan. (Case No. WZ-11-02/Clear Creek Crossing) CITY COUNCIL AGENDA: March 11,2011 Page -3-9. Council Bill 11-2011 -amending the Wheat Ridge Code of Laws Section 26-805, concerning Nonconforming Structures in the Floodway District and related Sections of Article VII of Chapter 26. DECISIONS, RESOLUTIONS, AND MOTIONS 10. Motion to appoint Members to the Building Code Advisory Board . .11." Resolution 08-2011 -beginning a City-Initiated Comprehensive Rezoning of Properties located on the Wadsworth Corridor between W. 35th and W. 45th Avenues to Mixed Use-Commercial. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CiTY OF WHEA r RIDGE, COLORADO February 28, 2()11 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Joseph DeMott, Karen Berry, Joyce Jay, Davis Reinhart, Tracy Langworthy, Wanda Sang and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Patrick Goff; City Attorney, Gerald Dahl; Administrative Services Director, Heather Geyer; Police Chief, Dan Brennan; Community Development Director, Kenneth Johnstone; Economic Development Manager, Steve Art; Senior Planner, Meredith Reckert; staff and interested citizens. Council Member Adams was absent. APPROVAL OF MINUTES OF February 14, 2011 Motion by Mrs. Sang for approval of the Minutes of February 14, 2011; seconded by Mr. Stites; carried 7-0. CITIZENS' RIGHT TO SPEAK Karen Thaler announced she will be competing again this weekend for the Mrs. Colorado pageant representing the City of Wheat Ridge. The event starts Thursday at 7:00pm at the Sheraton Hotel on 6th Avenue and Union Street. Tickets are $$20 to attend. Finals are Saturday evening, March 2nd , 7:00pm at the Temple Buell Theater in downtown Denver. Tickets are $25 and the doors open at 6:00pm. Britta Fisher thanked Council on behalf of Wheat Ridge 2020 for funding the low interest loan program for both business and home loans of which several applications have been received in just the last two weeks. Mrs. Fisher reminded business owners on 38th Avenue between Sheridan and Wadsworth and homeowners between Sheridan and Wadsworth to inquire about loan programs. Information is available on their website: www.wheatridge2020.org. There is also an open house for the Neighborhood Stabilization Program at the 5th completed home, located at 3355 Ames Street. The open house is Wednesday, March 2nd from 4:30 to 6:30pm. City Council Minutes 2/28/2011 Page 2 Approval of the Agenda Council agreed by unanimous consent to remove Item 7 from tonight's agenda. ORDINANCES ON SECOND READING Item 1. Council Bill 04-2011 -An Ordinance amending Section 13-6 (D) of the Wheat Ridge Code of Laws concerning Penalty Assessment Fines for Excess Vehicle Weight Violations. Mayor DiTullio opened the public hearing. Council Bill 04-2011 was introduced on second reading by Mrs. Sang. City Clerk Michael Snow assigned Ordinance No. 1477. Chief Brennan summarized the conditions and justification for revising the City's fine schedule. No Citizens were present to speak on the issue. Mayor DiTullio closed the public hearing. Motion by Mrs. Sang to approve Council Bill 04-2011 (Ordinance 1477) on second reading and that it take effect 15 days after final publication; seconded by Mr. Stites; carried 7-0. Item 2. Council Bill 05-2011 -An Ordinance amending Section 2-59 of the Wheat Ridge Code of Laws, concerning the Membership and Powers of the Building Building Code Advisory Board. Mayor DiTullio opened the public hearing. Council Bill 05-2011 was introduced on second reading by Mr. Reinhart. City Clerk Michael Snow assigned Ordinance No. 1478. Nancy Snow asked why the Ordinance indicates the ability to waive the International Building Code (IBC) but not the International Residential Code (IRC). Mrs. Snow's main concern is on decisions regarding handicap accessibility. The Federal government and/or the State of Colorado would take issue with builders not meeting requirements and yet the City is not upholding those requirements. She is concerned that applicants will be asking for waivers on handicap requirements that are strictly required in federal law. If so, Mrs. Snow asked whether staff will be able to provide advice to the Board on the legal requirements of the American with Disabilities Act. Paragraph 0 of the Ordinance states: "the Board shall not have the authority to recommend decreasing City Council Minutes 2/28/2011 Page 3 public safety." Mrs. Snow would like to see an amendment to that including handicap accessibility. Mayor DiTullio closed the public hearing. Motion by Mr. Reinhart approve Council Bill 05-2011 (Ordinance 1478) on second reading and that it take effect 15 days after final publication, striking Paragraph (h); seconded by Mr. Stites; carried 7-0 as amended. ORDINANCES ON FIRST READING Item 3. Council Bill 06-2011 -An Ordinance amending Article11 of the Wheat Ridge Code of Laws by adding a new Article XII conceming Medical Marijuana and making certain Amendments to Chapter 26 (Zoning and Development) in Association therewith. Motion by Mr. DeMott to approve Council Bill No. 06-2011 on first reading, order it published, public hearing set for Monday, March 14,2011 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; I further move to amend Council Bill 06-2011 to add the following sentence to Section 11-24: Medical marijuana establishments that are in existence as of the effective date of this section must submit an application for a medical marijuana application license within 30 days of that effective date; seconded by Mrs. Langworthy; carried 7-0. DECISIONS, RESOLUTIONS AND MOTIONS Item 4. Resolution 07-2011 -A Resolution approving a Planned Industrial Development Final Development Plan Amendment and a Three -Lot ReSubdivision Plat on Property Located at 5130 Parfet St. (Case Nos. WZ-10-08 and MS-10-04/Hoss Electric). Mayor DiTullio opened the Public Hearing Resolution 07-2011 was introduced by Mrs. Langworthy. Mrs. Reckert provided the Staff summary report. David Hass, applicant, responded to Council questions, affirming his agreement to the conditions stipulated in the Final Development Plan. Mr. Hoss also affirmed that all trailers had been removed from the property at the time of this hearing. Motion by Mrs. Langworthy to approve Resolution 07-2011; for the following reasons: 1. The Final Development Plan is consistent with the standards set forth in the approved Outline Development Plan for the site. City Council Minutes 2/28/2011 Page 4 2. All requirements for a PID Final Development Plan have been met. 3. All requirements of the subdivision regulations have been met. With the following conditions: 1. All improvements on the revised Final Development Plan must be in place no later than six months after City Council approval Seconded by Mr. DeMott; carried 7-0. Item 5. Motion to approve appointments to Boards and Commissions. District IV; Motion by Mr. DeMott to approve the following appointments to District IV Boards and Commissions: Paul Hovland to Board of Adjustments; Term ending March 2, 2014 Liz Veeder to Parks and Recreation Commission; Term ending March 2, 2014 Valda Pancoast to Cultural Arts Commission; Term ending March 2, 2014 Tracy Guildner to Liquor Authority Board; Term ending March 2, 2012 Seconded by Mrs. Langworthy; Motion Carried 7 -0 Motion by Mrs. Jay to approve the following appointments to District II Boards and Commissions: Lily Griego to Board of Adjustment; Term ending March 2, 2014 Patricia Ennis to Parks and Recreation Commission; Term ending March 2, 2014 Steve Timms to Planning Commission; Term ending March 2, 2014 Milly Nadler to Cultural Arts Commission; Term ending March 2,2014 Seconded by Mrs. Sang; Motion Carried 7-0 Motion by Mrs. Berry to approve the following appointments to District I Boards and Commissions: Diane Robb to Cultural Arts Commission; Term ending March 2,2014 Seconded by Mr. Reinhart; Motion Carried 7-0 Motion by Mr. Stites to approve the following appointments to District III Boards and Commissions: Virginia Petty to Animal Control Commission; Term ending March 2,2014 Louise Tumer to Animal Control Commission; Term ending March 2, 2014 Thomas Abbott to Board of Adjustment; Term ending March 2, 2014 Kathy Koniz to Parks and Recreation Commission; Term ending March 2, 2014 Loretta DiTirro to Cultural Arts Commission; Term ending March 2, 2014 Seconded by Mrs. Langworthy; Motion Carried 7 -0 City Council Minutes 2/28/2011 Page 5 Item 6. Motion to Ratify Mayoral Appointment to Wheat Ridge Housing Authority. Motion by Mrs. Langworthy to ratify the Mayoral Appointment of Joseph DeMott to Wheat Ridge Housing Authority, term to expire March 2, 2016; seconded by Mr. Stites; ca rried 7-0. Item 7. Removed from the agenda by unanimous consent. Item 8. Motion by Mrs. Jay to approve payment to the Denver Regional Council of Governments (DRCOG) in the amount of $21 ,780 for 2011 Inspection of Conveyances (Elevators) within the City of Wheat Ridge per the Approved Intergovernmental Agreement; seconded by Mrs. Sang; carried 7-0. Item 9. Motion by Mr. Reinhart to award ITB-1 0-27 for Wadsworth Boulevard Median Improvement to Goodland Construction, Golden, CO in the amount of $65,883.50; seconded by Mr. Stites and Mrs. Sang; carried 7-0. ELECTED OFFICIALS' MATTERS City Clerk Snow informed the Council regarding the upcoming redistricting that the 2010 Federal Census data became available this week. Staff will compile the data and if it can be summarized in time it will be discussed at the March yth Study Session in order to have the first reading of the ordinance on March 14th and the second reading March 28th Mr. Reinhart expressed his pleasure with passing the Building Code ordinance this evening and believes it is a positive step in a series of actions to make all departments as open to businesses in the City. Mrs. Langworthy welcomed the MCPN but was unable to attend their meeting due to illness and hopes everything goes well for them. Mr. Stites noted several pieces of furniture being dumped on street corners in locations throughout the City. He requested those doing this to stop and asked staff to pick up and dispose of such items if seen by staff that patrols the City. Mayor DiTullio thanked Mr. Reinhart, Mr. Stites, Mr. Goff, Mr. Johnstone and all the Council for addressing the issues with the public policy issues in regards to the Building Code Ordinance. Thanked Mrs. Langworthy and other Council members who attended the Live Well Wheat Ridge event. Parents of 3rd through 10th graders in Jefferson County remember that this week is CSAP testing and asked parents to take time to prepare students for testing and to assure they are in attendance during testing dates. Thanked those that have donated to the public art project at Discovery Park and is City Council Minutes 2/28/2011 Page 6 excited that the funding strictly through donations has paid for the entire project and they are only a few thousand dollars short of completing the funding of the project. The Building Department has laserfiched building permits and other documents in an effort to reduce records storage, These documents are available on the internet through the City website, These are public documents and that the City is strictly required under Colorado Open Records Act to keep such documents open to the public, most of which are accessible via the internet on the City's digital archive, Having documents on the internet allows a person to Google someohe's name and through these documents find out their address and such, The City is not required to place items on the internet which leads to question of what should and shouldn't be on the internet. Council agreed to consider discussing the City's internet record accessibility policies and practices at a future Study Sessions, Thanks to Mayor Bob Murphy from Lakewood, Carol from Lakewood and Janice Smothers for all their hard work in putting together Leadership Jefferson County day at the Wheat Ridge Recreation Center and City Hall. Meeting adjourned at 7:30p,m, Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON March 14, 2011 BY A VOTE OF to Tracy Langworthy, Mayor pro tem The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e, they contain a record of what was done at the meeting, not what was said by the members, Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions, .. ~ j .( l' City of p WlieatRt..-dge ITEM NO: 1:.8 . DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 09-2011 A RESOLUTION ACCEPTING AN EASEMENT AND THE TRANSFER OF EXISTING ASSIGNMENTS FROM JEFFERSON COUNTY FOR THE PURPOSE OF PROVIDING A CORRIDOR FOR THE CLEAR CREEK TRAIL o PUBLIC HEARING o BIDS/MOTIONS I:8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR I ST READING o ORDINANCES FOR 2ND READING D YES The Clear Creek Trail west of 1-70 is located on County property that is in the process of being annexed into the City. This property is also in the process of being acquired by Cabela's for use in the future development of the site. The approval of this resolution transfers the trail, provides an easement for the trail, and transfers all assignments associated with this portion of the trail to the City of Wheat Ridge. Trail maintenance will become the responsibility of the Parks and Recreation Department. The transfer of the trail and easement eliminates overlapping areas of responsibility for the trail between two jurisdictions, the County and the City. PRIOR ACTION: No prior action has been taken related to this easement. FINANCIAL IMPACT: The City of Wheat Ridge will be responsible for maintenance ofthe trail as a result of the acceptance of the easement. Jefferson County has also requested that the City be responsible for snow removal on approximately Y:z mile of additional trail west of the City boundary. Tills Council Action Form March 14,2011 Page 2 request allows the maintenance crews a logical turnaround location for vehicles within the trail corridor. These costs can be absorbed with the current level of staffmg and at minimal expense. BACKGROUND: . The easement is approximately 20 feet wide and 1.7 miles long. The land surrounding the easement, adjacent to the trail and currently owned by the County, will become private property. This County property, being acquired by Cabela's, is not currently designated as open space. The easements and assignments are divided into five parcels to accommodate the transfer of easements assigned to the County by different entities which include Coors and two ditch companies. The five parcels provide a contiguous easement that accommodates the existing trail. RECOMMENDED MOTION: "I move to approve Resolution No. 09-2011 a resolution accepting an easement and the transfer of existing assignments from I efferson County for the purpose of providing a corridor for the Clear Creek Creek Trail." Or, "I move to deny approval of Resolution No. 09-2011 a resolution accepting an easement and transfer of existing assignments from Iefferson County for the purpose of providing a corridor for the Clear Creek Trail for the following reasons(s): " REPORT PREPAREDIREVIEWED BY: Joyce Manwaring, Parks and Recreation Director ATTACHMENTS: 1. Resolution No. 09-2011 2. Commissioner's Easement Deed and Assignments CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 09 Series of 2011 TiTlE: A RESOLUTION ACCEPTING AN EASEMENT AND THE TRANSFER OF EXISTING ASSIGNMENTS FROM JEFFERSON COUNTY FOR THE PURPOSE OF PROVIDING A CORRIDOR FOR THE CLEAR CREEK TRAIL WHEREAS, the Clear Creek Trail is a regional trail, connecting cities and counties in the Denver Metro area, WHEREAS, the trail is contiguous to the Clear Creek Trail located in the Wheat Ridge Greenbelt; WHEREAS, Jefferson County is conveying an easement and transferring existing assignments for the purpose of accommodating the Clear Creek Trail in its current location; WHEREAS, the City of Wheat Ridge is in the process of annexing the county property in the specified area; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Accepts an easement and assignments from Jefferson County for the purpose of providing a corridor for the Clear Creek trail. DONE AND RESOLVED this 14th day of March, 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Attachment 1 COMMISSIONER'S EASEMENT DEED AND ASSIGNMENTS THIS INSTRUMENT is made this __ day of ,2011, between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the "County"), acting by and through its duly constituted and appointed Commissioner to quitclaim and to execute this instrument, and the CITY OF WHEAT RIDGE, a municipal corporation ("Wheat Ridge"), whose legal address is 7500 W. 29th Ave., Wheat Ridge, CO 80215. WITNESSETH THAT WHEREAS, the Board of County Commissioners ofthe County did at a regular meeting of said Board held at the Administrative/Judicial Facility in the County on the ______ dayof ,2011, duly adopt and pass Resolution No. CC 11-__ authorizing the quitclaim of interests in the properties described below (collectively, the "Easement Properties") to Wheat Ridge and the assigmnents to Wheat Ridge described below, and did by said Resolution appoint and constitute the lmdersigned as Commissioner to quitclaim and execute a deed for the Easement Properties to Wheat Ridge and the assignments described below for and on behalf of the County, and did further authorize the undersigned to execute this instrument and to affix the seal of the County hereto. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, acting as Commissioner aforesaid, does by these presents: 1. Grant to Wheat Ridge the two property interests described in Exhibit A attached hereto and incorporated by reference, and assign to Wheat Ridge all ofthe County's right, title, interest, and obligations in the portions of the Permanent Trail Easement Agreement dated June 17, 2008, as amended, and the Easement Agreement Regarding Clear Creek Trail Corridor/Coors dated May 18, 1992, as amended, that correspond to the two property interests described in Exhibit A. 2. Grant to Wheat Ridge the property interest described in Exhibit B attached hereto and incorporated by reference. The County and Wheat Ridge affirmatively state and agree that the property interest described in Exhibit B shall not merge with Wheat Ridge's fee title. 3. Grant to Wheat Ridge a permanent, nonexclusive trail easement over the two properties described in Exhibit C attached hereto and incorporated by reference. This grant is for recreational use by the public and Wheat Ridge's construction, operation, maintenance, Wheat Ridge Clear Creek Trail Carom Deed.doc Attachment 2 1 and administration of a concrete trail and appurtenances within the two properties described in Exhibit C. TOGETHER with any trail and appurtenant fixtures and improvements owned by the County that are located on the Easement Properties, which are conveyed in an "as-is" condition. TO HAVE AND TO HOLJ!) the above-referenced assignments and grants to Wheat Ridge and its successors and assigns, for so long as all of the Easement Properties remain within Jefferson County boundaries and are used by Wheat Ridge for public trail purposes, and no longer. If any portion of the Easement Properties or the hereditaments and appurtenances cease to be within Jefferson County boundaries or are used for any purpose other than by Wheat Ridge for public trail purposes, the Easement Properties, along with the hereditaments, appurtenances, fixtures and improvements shall revert to the County and this deed, including the within assignments, shall be null and void. The Easement Properties are depicted, for illustrative purposes only, in Exhibit J!) attached hereto and incorporated by reference. Wheat Ridge Clear Creek Trail Comm Deed.doc 2 ATTEST: Deputy Clerk STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) COUNTY OF JEFFERSON STATE OF COLORADO By __________________ ~ ::--:--::-=---=c---::-:-' Chairman Board of County Commissioners Date ------------------The foregoing instrument was acknowledged before me this day of , 20 II, by , Chairman for the Board of County Commissioners for the County of Jefferson. WITNESS my hand and official seal. My Commission expires: APPROVED AS TO FORM: Steven L. Snyder Assistant County Attorney Wlleat Ridge Clear Creek Trail Corum Deed.doc Notary Public 3 STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) CITY OF WHEAT RIDGE, a lIDunicipal corporation By ________________ ___ ___________ ........." Mayor The foregoing instrument was acknowledged before me this ___ day of ~~~~~_~~ _ ,,201Iby __ ~ ____________ asMayorof the City of Wheat Ridge, a municipal corporation. WITNESS my hand and official seal. My Commission expires: Notary Public Wheat Ridge Clear Creek Trail Camm Deed.doc 4 LEGAL DESCRIPTION: PARCEL 1 THAT PORTION OF THE TRAIL EASEMENT GRANTED IN THE PERMANENT TRAIL EASEMENT AGREEMENT RECORDED AT RECEPTION NUMBER 2008073361 AND AMENDED IN RECEPTION NUMBER 2009039786 OF THE JEFFERSON COUNTY RECORDS THAT LIES EASTERLY OF THE MOST WESTERLY ANNEXATION LINE AS SHOWN ON THE ANNEXATION MAP#2 -COORS AT CLEAR CREEK AS RECORDED AT RECEPTION NUMBER 2008106729 OF THE JEFFERSON COUNTY RECORDS, SAID PARCEL BEING LOCATED IN SOUTH HALF OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST AND THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 70 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL 2 THAT PORTION OF THE TRAIL EASEMENT GRANTED IN THE EASEMENT AGREEMENT REGARDING CLEAR CREEK TRAIL CORRIDOR/COORS RECORDED AT RECEPTION NUMBER 92093972 AND AMENDED IN THE AMENDMENT, RECORDED AT RECEPTION NUMBER F1435303, BOTH BEING IN THE JEFFERSON COUNTY RECORDS, WHICH LIES IN CABELA DRIVE AS SHOWN ON CABELAS/COORS SUBDIVISION FILING NO.1, AMENDED, RECORDED AT RECEPTION NUMBER 200614891 1 OF THE JEFFERSON COUNTY RECORDS. LAWRENCE L. PFIFER, PLS 27612 PREPARED FOR AND ON BEHALF OF JEFFERSON COUNTY JEFFERSON COUNTY OPEN SPACE 700 JEFFERSON COUNTY PARKWAY, SUITE 100 GOLDEN, CO 80401 (303) 271 -5925 EXHIBIT A LEGAL DESCRIPTION: PARCEL 3 THE TRAIL EASEMENT AS DESCRIBED IN EXHIBIT B OF THE COMMISSIONER'S DEED AS RECORDED IN RECEPTION NUMBER 2007098955 OF THE JEFFERSON COUNTY RECORDS LAWRENCE L. PFIFER, PLS 27612 PREPARED FOR AND ON BEHALF OF JEFFERSON COUNTY JEFFERSON COUNTY OPEN SPACE 700 JEFFERSON COUNTY PARKWAY, SUITE 100 GOLDEN, CO 80401 (303) 271 -5925 EXHIBIT B LEGAL DESCRIPTION: PARCEL 4 A STRIP OF LAND LOCATED IN LOT 25 OF ROXBURY GARDENS AS RECORDED IN PLAT BOOK 2 AT PAGE 33 OF THE JEFFERSON COUNTY RECORDS AND ALSO LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/16 CORNER OF SECTION 19 AND SAID SECTION 20; THENCE N 00'21 '54" E ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20, 4.06 FEET TO A POINT ON THE WESTERLY LINE OF LOT 25 OF SAID ROXBURY GARDENS AND THE WESTERLY BOUNDARY LINE OF A PARCEL OF LAND AS DESCRIBED IN BOOK 673 AT PAGE 9, BOTH RECORDED IN THE JEFFERSON COUNTY RECORDS; THENCE CONTINUING N 00'21'54" E ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20, THE WESTERLY LINE OF LOT 25 OF SAID ROXBURY GARDENS AND THE WESTERLY BOUNDARY LINE OF SAID PARCEL OF LAND AS DESCRIBED IN BOOK 673 AT PAGE 9, 61.42FEET, THENCE DEPARTING SAID LINE N 64'45'02" E, 147.89 FEET; THENCE N 69'56'10" E, 123.86 FEET; THENCE N 81'00'59" E, 116.75 FEET; THENCE N 79'37'48" E, 144.35 FEET; N 84'01'23" E, 54.75 FEET; THENCE S 87'23'05" E, 147.38 FEET; THENCE N 83'23'48" E, 80.39 FEET; THENCE N 89'41'13" E, 81.62 FEET; THENCE S 83'29'26" E, 112.99 FEET TO THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 70 AS DESCRIBED IN BOOK 1875 AT PAGE 159 OF THE JEFFERSON COUNTY RECORDS; THENCE S 00'33'59" E ALONG SAID WESTERLY RIGHT OF WAY LINE 55.88 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE S 74'56'47" W, 22.34 FEET TO A POINT OF CURVATURE; THENCE 59.45 FEET ALONG AN ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 76.00 FEET, A CENTRAL ANGLE OF 44'48'56" AND A CHORD WHICH BEARS N 82'38'44" W, 57.94 FEET TO A POINT OF TANGENCY; THENCE N 60°14'16" W, 21.95 FEET TO A POINT OF CURVATURE; THENCE 58.03 FEET ALONG AN ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 95.00 FEET, A CENTRAL ANGLE OF 34'59'58" AND A CHORD CHORD WHICH BEARS N 77'44'16" W, 57.13 FEET TO A POINT OF TANGENCY; THENCE S 84'45'45" W, 116.29 FEET TO A POINT OF CURVATURE; THENCE 126.82 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT, HAVING A RADIUS OF 735.00 FEET, A CENTRAL ANGLE OF 9'53'11" AND A CHORD WHICH BEARS S 89'42'21 W, 126.67 FEET TO A POINT OF TANGENCY; THENCE N 85'21'04" W, 33.58 FEET TO A POINT OF CURVATURE; THENCE 36.79 FEET ALONG THE ARC OF THE CURVE TO THE LEFT, HAVING A RADIUS OF 165.00 FEET, A CENTRAL ANGLE OF 12'46'33" AND A CHORD WHICH BEARS S 88°15'40" W, 36.72 FEET TO A POINT OF TANGENCY; THENCE S 81'52'23" W, 53.94 FEET TO A POINT OF CURVATURE; THENCE 43.77 FEET ALONG THE ARC OF THE CURVE TO THE LEFT, HAVING A RADIUS OF 365.00 FEET, A CENTRAL ANGLE OF 6'52'15" AND A CHORD WHICH BEARS S 78'26'16" W, 43.74 FEET TO A POINT OF TANGENCY; THENCE S 75'00'08" W, 65.91 FEET; THENCE S 72'27'28" W, 212.46 FEET TO A POINT OF CURVATURE; THENCE 86.96 FEET ALONG THE ARC OF THE CURVE TO THE LEFT, HAVING A RADIUS OF 530.00 FEET, A CENTRAL ANGLE OF 9'24'03" AND A CHORD WHICH BEARS S 67'45'26" W, 86.86 FEET TO A POINT OF TANGENCY; THENCE S 63'03'24" W, 49.01 FEET; THENCE S 66'03'07" W, 33.50 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAIN 53,507 SQUARE FEET OR 1.228 ACRES MORE OF LESS. EXHIBIT C BASIS OF BEARING (ASSUMED): THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, T3S, R69W, 6'h P.M., WHICH BEARS S 00021'54" W, 1322.03'. THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER IS MONUMENTED BY A 3-114" ALUM. CAP IN A RANGE BOX, STAMPED "CITY OF WHEAT RIDGE, LS 13212, T3S, R69W, S19, S20, 1988, SURVEY MONUMENT" AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER IS MONUMENTED BY A 'y." REBAR WITH A 3-1/4" ALUM. CAP, STAMPED "FARNSWORTH, T3S, R69W, S1/16, S19, S20, 2004, LS 16401" PARCEL 5 A STRIP OF LAND LOCATED IN LOT 1 THROUGH 4 OF ROXBURY GARDENS AS RECORDED IN PLAT BOOK2 AT PAGE 33 OF THE JEFFERSON COUNTY RECORDS AND ALSO LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/16 CORNER OF SAID SECTION 19 AND SECTION 20; THENCE S S 89'20'58" W ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19, 9.35 FEET TO THE POINT OF BEGINNING; THENCE S 66"03'07 W, 6.13 FEET TO A POINT OF CURVATURE; THENCE 92.33 FEET ALONG AN ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 360.00 FEET, A CENTRAL ANGLE OF 14"41'41" AND A CHORD WHICH BEARS S 73'23'58" W, 92.08 FEET TO A POINT OF TANGENCY; THENCE S 80'44'48" W, 76.62 FEET; THENCE S 79°31 '35" W, 78.44 FEET; THENCE S 80'37'16" W, 27.37 FEET TO A POINT OF CURVATURE; THENCE 203.28 FEET ALONG AN ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1745.00 FEET, A CENTRAL ANGLE OF 6'40'29" AND A CHORD WHICH BEARS S 83'57'31" W, 203.17 FEET TO A POINT OF TANGENCY; THENCE S 87'17'45" W, 289.76 FEET; THENCE S 87'46'26" W, 79.16 FEET; THENCE S 86'23'46" W, 60.36 FEET; THENCE S 87"03'56" W, 71.63 FEET; THENCE S 87'03'49" W, 65.20 FEET TO A POINT OF CURVATURE; THENCE 169.01 FEET ALONG AN ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 795.00 FEET, A CENTRAL ANGLE OF 12'10'50" AND A CHORD WHICH BEARS S 80'58'24" W, 168.69 FEET TO A POINT OF TANGENCY; THENCE S 74'52'59" W, 105.67 FEET TO A POINT ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19, THE WESTERLY LINE OF LOT 1 OF SAID ROXBURY GARDENS AND THE WESTERLY BOUNDARY LINE OF A PARCEL OF LAND AS DESCRIBED IN BOOK 673 AT PAGE 9, BOTH RECORDED IN THE JEFFERSON COUNTY RECORDS; THENCE N 00'09'15" E ALONG THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19, THE WESTERLY LINE OF LOT 1 OF SAID ROXBURY GARDENS AND THE WESTERLY BOUNDARY LINE OF SAID PARCEL OF LAND AS DESCRIBED IN BOOK 673 AT PAGE 9, 59.84 FEET; THENCE DEPARTING SAID WESTERLY LINES N 72'40'55" E, 19.56 FEET; THENCE N 79'21'53" E, 180.22 FEET; THENCE N 89'14'16" E, 221.51 FEET; THENCE N 82'39'13" E, 108.01 FEET; THENCE N 88"37'14" E, 383.07 FEET; THENCE N 79'54'36" E, 108.96 FEET; THENCE N 80'27'41" E, 99.96 FEET TO THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19, THE NORTHERLY LINE OF LOT 4 OF SAID ROXBURY GARDENS AND THE NORTHERLY BOUNDARY LINE OF A PARCEL OF LAND AS DESCRIBED IN BOOK 673 AT PAGE 9, THENCE N 89'20'58" E ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19, THE NORTHERLY LINE OF LOT 4 OF SAID ROXBURY GARDENS AND THE NORTHERLY BOUNDARY LINE OF A PARCEL OF LAND AS DESCRIBED IN BOOK 673 AT PAGE 9, 196.32 FEET TO THE POINT OF BEGINNING. EXHIBIT D DEPICTION OF PARCELS 1-5 Til E ABOVE DESCRIBED PARCEL OF LAND CONTAINS 56,351 SQUARE FEET AND 1.294 ACRES MORE OF LESS. BASIS OF BEARING (ASSUMED): THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, T3S, R69W, 6'h P.M. , WHICH BEARS S 00' 21'54" W, 1322.03'. THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER IS MONUMENTED BY A 3-114" ALUM. CAP IN A RANGE BOX, STAMPED "CITY OF WHEAT RIDGE, LS 13212, T3S, R69W, S19, S20, 1988, SURVEY MONUMENT" AND THE SOUTHWEST CORNER OF THE NORTHWf:ST QUARTER OF THE SOUTHWEST QUARTER IS MONUMENTED BY A 0/,;" REBAR WITH A 3-1/4" ALUM. CAP, STAMPED "FARNSWORTH, T3S, R69W, S1 /16, S19, S20, 2004, LS 16401" EXCEPT THAT PORTION LYING IN EXHIBIT A OF THE COMMISSIONER'S DEED, RECORDED AT RECEPTION NUMBER 2007098955 OF THE JEFFERSON COUNTY RECORDS. LAWRENCE L. PFIFER, PLS 27612 PREPARED FOR AND ON BEHALF OF JEFFERSON COUNTY JEFFERSON COUNTY OPEN SPACE 700 JEFFERSON COUNTY PARKWAY, SUITE 100 GOLDEN, CO 80401 (303) 271-5925 ~ ~ , ~ • r City of ?Wheat~ge ITEM NO: jJ1. DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT OF MURRAY DAHL KUECHENMEISTER & RENAUD LLP FEBRUARY 2011 INVOICES FOR LEGAL SERVICES IN THE AMOUNT OF $24,562.64 D PUBLIC HEARING IX1 BIDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES IX1 NO City Attorney City Manager ISSUE: Request to approve the February, 2011 invoices for legal services received from Murray Dahl Kuechenmeister & Renaud LLP (MDKR). The MDKR services for the month of February exceed the $15,000 limit on manager-approved expenditures; thus requiring Council approval. FINANCIAL IMPACT: MDKR is within the estimated budget for legal services as proj ected in the 2011 budget. RECOMMENDATIONS: Staff recommends approval of the invoices. RECOMMENDED MOTION: "I move to approve payment of the February, 2011 invoices for legal services in the amount of$24,562.64 payable to Murray Dahl Kuechenmeister & Renaud LLP." Or V:IFormslCAFtempiate Council Action Form March 14, 2011 Page 2 "I move to table indefmitely the payment of the February, 2011 invoices for legal services in the amOlmt of $24,562.64 payable to Murray Dahl Kuechemneister & Renaud LLP, for the following reason(s) --------------'" REPORT PREP AREDIREVIEWD BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. February 2011 MDKR Invoices Murray Dahl Kuechenmeister & Renaud LLP Attorneys at Law 1530 16th Street, Suite 200 Denver, CO 80202 Ph:303-493-6670 Fa:x:303-477-0965 City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, CO 80033 Attention: City Manager Matter Description 53027 City Attorney: General 53027.17 1-70 Dev. -Cabela's 53027.2 Municipal Court 53027.3 Personnel & Litigation 53027.9 Housing Authority Totals: Attachment 1 Fees $13,884.85 $6,306.21 $2,042.50 $1,683.75 $375.00 $24,292.31 Disbs $195.83 $32.90 $41.60 $0.00 $0.00 $270.33 Feb 28, 2011 Total $14,080.68 $6,339.11 $2,084.10 $1,683.75 $375.00 $24,562.64 Ii , ~'~ City of ? WheatRL..dge ITEM NO: J.1.. DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF RFQ-ll-08 DESIGNIBUILD OF THE DISCOVERY PARK SKATE PARK IN THE AMOUNT OF $350,000 TO TEAM PAIN ENTERPRISES, INC., WINTER SPRINGS, FLORIDA D PUBLIC HEARlNG [gJ BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING D YES Discovery Park was planned for construction and funding in three phases. Phase I and II were completed in October 2010. Phase III is planned for completion in 20 11, and fund.ing is appropriated in the Conservation Tmst Fund and Open Space Fund budgets. A Request for Qualifications was solicited from professional design/build fums for design and construction of the skate park portion of the project. On Febmary 2, 2011 , five responsive submittals were received. The selection committee evaluated and ranked the qualifications. Based on project team experience, fum capabilities, past experience, approach and pricing, Team Pain of Winter Park, FL was the llllmber one ranked firm. Pricing was negotiated. The approximately 12,000 square foot skate park will be custom concrete construction and will include a bowl and streetscape plaza. The standard construction process for skate parks is design/build construction, which maximizes the square footage size of the skate park in relation to the funds available. The contract award amount reflects typical pricing for skate parks constructed in the metro area in the last year. Council Action F 0= March 14,2011 Page 2 PRIOR ACTION: A design and construction contract was awarded in January 2011 to Design Concepts, Lafayette, CO for design and construction documents for Phase III of Discovery Park. A resolution for the submittal of the 2011 Jefferson County Joint Venture Grant for Discovery Park Phase III was approved by City Council at the November 8, 2010, meeting. FINANCIAL IMPACT: The estimated budget for Phase III of the park is $1,010,427 and includes the $350,000 budget for design and construction of the skate park. Typical square footage costs for construction of a custom concrete skate park ranges between $28 and $32 a square foot. Phase III of the project has been awarded a N grant in the amount of $275,000. A Tony Hawk grant request has been submitted for this project for the maximinn allowed amount of $25,000. Notification of receipt of this grant award is pending. Funds are appropriated in the Conservation Trust Fund 54 and Open Space Flmd 32. By legislation, monies from these two special funds may only be used for Parks and Recreation purposes. The revenue from the lottery and the Yo cent cOlmty 9pen space tax are the source of the funds respectively for these two special funds. BACKGROUND: . Discovery Park, located on the southeast intersection of 3 8th and Kipling, was purchased in 2000 with City of Wheat Ridge and Jefferson County Open Space Funds for the purpose of providing a neighborhood park. This area of Wheat Ridge has been identified in the Parks and Recreation Master Plan adopted in 2006 as an area in need of a neighborhood park. After a comprehensive public input process, the Outline Development Plan for the site was amended with a Park Master Plan. As outlined in a staff report presented at the December I, 2008, Study Session, the next step in completing construction of the park was to award a contract for design development and construction drawings through Phase I and Phase II of construction, with Phase III to be constructed in 2011. The Parks and Recreation Master Plan identified replacement of the existing skate park at Anderson Park as a community need and the amenity is included in the adopted Park Master Plan. RECOMMENDATIONS: Staff recommends award of this contract to Team Pain Enterprises, Inc. for designing and building the skate park. Council Action Form March 14,2011 Page 3 RECOMMENDED MOnON: "I move to approve the award ofRFQ-II-08, DesignlBuild of the Discovery Park Skate Park, in the amount of $350,000 to Team Pain Enterprises, Inc., of Winter Springs, Florida." Or, "I move to deny the award ofRFQ-II-08 in the amount of$350,000, to Team Pain Enterprises, Inc. of Winter Park, Florida for the following reason( s) " REPORT PREPAREDIRlEVIEWED BY: Joyce Manwaring, Parks and Recreation Director Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Team Pain Enterprises, Inc. Proposal 2. Bid Tabulation Sheet -=-T-=.E .....:.A...::........;M~~P~A.....;...-:I~N S KAT E PAR K S A CUSTOM SKATE PARK DESIGN/BUILD COMPANY March 4, 2011 FEE PROPOSAL Team Pain Enterprises, Inc. is proposing the following scope of services for the design and construction of an approximately 12,000 square foot skate park and is pertinent to the actual ride able surfaces of the skate park. The work covered by this scope of services and fee proposal consists of the following: DESIGN SERVICES According to the RFQ, we plan to provide a design concept in the initial meeting that refiects the items requested below and once we have received input from the community meeting(s), we can then update and finalize the conceptual design, accordingly. Intermediate Bowl: Real pool challenges, hips, corners, filter box, stairs, waterfa lls, 5-9ft depth Street/Plaza Scape areas: Banked walls, banked hips, multi-approach ledge/wallie spot, 4 stair/rail, beginner rail, banked bridge ledge, big rail off concrete ledge, double set of 3-lIat-36" stair, Jersey barrier hip, long and tall Hubbas, step ups and banks, mogUls, humps, etc. In addition, if the budget allows, we would also like to consider the implementation of colored concrete accents and granite skate elements and add tile and pool coping within the bowl(s). Team Pain will participate in a series of design meetings and reviews with the stakeholders and team to ensure the overall integrity of the final product is achieved. We will work with Sketch-Up Pro, a 3-D application that has DWG and PDF export capabilities. Both professionals and non-professionals can view the program, allowing for comments and input from all entities. These visuals will then be exported in DWG along with supportive cross section information and submitted to the Owner's appointed Engineer in determining if any soil remediation and grading design is necessary to accept the skate park slab in addition to stamping the required sections. Team Pain skate parks are designed and built with a method that utilizes typical construction of the skate slabs and is implemented into the site by the local engineer. This approach allows Team Pain's experienced crew to fine tune and enhance the skate environment in the field, while staying within budget and the original concept to ensure a quality and truly customized skate park. Change orders due to drawing and specification errors are eliminated and any enhancements in the field are then reflected as "as-built drawings", if required. Team Pain's services will include the following: • In house design work of skateable features • Attend 1 to 2 public input meetings o Work closely with the multi disciplinary team to ensure final layout is compatible to the site • Provide cross sections & elevations to the city appointed architect or engineer to be stamped 890 Northern Way Suite 0 -1 Wlnler Springs, FL 32708 I ph 407-366-9221 fx 407-366-6889 1 info@leampain.com Attachment 1 TEAM PAIN sKATE ~~~~~~-----------PAR K S A CUSTOM SKATE PARK DESIGN/BUILD COMPANY CONSTRUCTION SERVICES The skate park specialty construction services will consist of the entire skatea ble features with construction estimated at 10 to 16 weeks to complete and includes the followi ng: Insurances and Expenses (per TP scope) • 100% Payment & Performance Bonds • General Liability & Umbrella Liability Insurance (covering skate park construction) • Automobile Lia bility • Worker's Compensation • Crew expenses Materials (per TP scope) • Provide entire material package • Provide skating accessories Equipment & Outside Services (per TP scope) • Provide permit for TP scope of work • Provide entire machinery package • Provide all tools • Provide concrete pumping services • Provide refuse dumpster • Provide job site storage/office Labor for the fal/owing; Earthwork/Formwork • Layout and stake out interior of skate area • Produce TP master transition templates • Set forms for entire skate area Coping/Rail Fabrication • Install pool coping and/or weld metal coping/railings for entire skate area Reinforcement • Rebar placement of entire skate area Cast In-Place Concret e/Shot crete • Pour in place shotcrete/concrete for entire skate area • Finish shotcrete/concreteto a smooth steel trowel finish for entire skate area • Set tile/inst all accessories • Apply curing sealer to entire skate area Clean Up/Punch Out • Saw cut joints in skate area • Attach drain fixtures to existing drain lines in skate area 890 Northern Way Suite 0 -1 Winter Springs, FL 32708 I ph 407-366-9221 Ix 407-366-6889 1 Inlo@learnpain.com ..:...T.........=.E ...:.A....:........:.M..:....:....-~P ...:.A....:........:.I~N S KAT E PAR K S A CUSTOM SKATE PARK DESIGN/BUILD COMPANY • Remove forms • Pressure clean entire skate area o Apply caulking & joint fillers for entire skate area • Remove all equipment and storage facilities Final Walk thru procedures o Pre-walk thru o Rectify remaining items o Final walk thru o Provide one-year standard warranty for defects on workmanship o Provide maintenance schedule Tota l Fee $350,000 Square foot cost Our approach is to offer specialty experience to deliver the most faci lity for the ava ilable budget. Since, Team Pain will be producing the concept design of the skateable features; the costs will be calculated throughout the design process to meet the city's proposed budget. Team Pain understands that there is a budget of not to exceed $350,000 to design and construct a state of the art skate park for the City of Wheat Ridge. Our square foot costs range anywhere from $28.00 to $32.00 a square foot for the specialty skate park scope of work. Since we are a custom skate park company many factors come in to play when formulating a square foot cost. The final size will be dictated by the client's budget and needs, our scope of work and the results of the public input meetings. In addition, taking into account the elements contained in the park, such as number of bowls and use of accents such as; concrete colorant, granite features, boulders, art and amenities will ultimately dictate the final size of the park to meet the overall budget. Coordinating with General Contractor and Testing Agencies Team Pain will work closely with the GC and testing agencies for the preparation and completion of the overall site. Once the design phase is complete, we will communicate with the GC's project manager to discuss and review our detailed scope of work prior to ensure the GC 's key site preparations are completed, such as; water, power, utility locations, permitting, soil preparations, earthwork, site safety and all other issues related to preparing the site. We will have also coordinated our exit strategy in detail with the GC by providing them with our projected completion schedule in order for them to prepare for their return to complete the overall site. Team Pain's scope of work will begin at the farthest end of the site and as we finish sections we will coordinate with the GC in order for them to prepare the final site work starting at the end of the skate park slab, according to the plans. We will simultaneously be working our way off the site. We will close out our staging area by removing any debris, conta iners, equipment and other materials. Upon completion of our specialty skate park scope 890 Northern Way Suite D-1 Winter Springs, FL 32708 I ph 407-366-9221 Ix 407-366-6889 1 inlo@teampain.com TEA M PAIN sKATE PAR K S A CUSTOM SKATE PARK DESIGN/BUILD COMPANY and the GC's work, the GC will also complete any other items according to the plans, as in; connecting all sidewalks, viewing areas, landscaping, amenities and their like. It is our understanding the City will be providing the testing agencies to inspect the soil compactions, rebar and concrete. Concrete testing is typically in set batches of SO yard increments and Team Pain will need to be copied on all test results. Coordination of testing will be discussed between the City, GC and Team Pain, prior to start of construction to create a schedule. General Contractor Scope of Work The following scope outlines the site preparation work to be performed by the General Contractor and is pertinent to the immediate skate park area only. The work shall be performed prior to and after Team Pain's scope of work. The work covered by this scope of services shall include all materials, labor, supervision, equipment, accessories, permits, tools, insurance, taxes and other items required to furnish and install all site work & utility work in accordance with the plans and specifications, consisting of, but not limited to the following: • Locate all underground utilities • Provide permit for GC's scope of work • Provide staging area within TP working perimeter (size of area to be enough for (2) 20 foot storage containers, mise materials and 8 TP staff vehicles • Provide site safety fence with regulatory sign and 2 double gate access paints (minimum 6 foot chain link fence) around TP working perimeter • Provide the shortest possible route for a stabilized access road from main road to the skate park Site, fortified enough for concrete/heavy trucks to deliver concrete/equipment/materials to work area with repair and/or replacement of any damaged areas • Provide portable restroom • Provide temporary power/water to site & TP storage facility • PrOVide concrete washout area per city ordinance • Provide all erosion and sediment control during entire construction of the the skate park until work is finished and site is stabilized • Provide site surveying and elevation grade stakes for entire skate park (per JVA's grading plan) • Provide clearing, grubbing, rough grading and excavation of entire skate park site • Provide soil remediation, if necessary • Provide sub-base, fine grading and course aggregate base, if necessary • Backfill (import/export as required) • Provide stabilized fill per lifts to specific elevations, per engineers specifications • Compact sub grade (per specs) • Sub-grade and compaction testing as per plans and specs at intervals as required by engineer (provide copies to TP) • Trench boxes or appropriate shoring methods shall be utilized on all excavations in accordance with OSHA requirements • PrOVide/install all drain work including drain lines into skate area and stubbed out at 4 It above grade (TP will attach drain fixtures and drain grates) 890 Northern Way Suite 0 -1 Winter Springs, FL 32708 1 ph 407-366-9221 fx 407-366-6889 1 Info@teampain.com TEAM PAIN sKA TE ~~~~~~----~-----PAR K S A CUSTOM SKATE PARK DESIGN/BUILD COMPANY • Complete grading outside of the skate slab, per plans and specs • Install landscaping and/or soil stabilization, per plans and specs • Provide/install any work other than the skateable featu res, including amenities, retaining walls, planters, curbing, footers, turndowns, etc ... • Storm water work, if applicable PROPOSED SCHEDULE (Per Team Pain's scope of work) It is our understanding that the skate·park construction can take place no earlier than August 1, 2011. Depending upon the finalization of the design documents, prepared by the professional, and the GC's completion of the site work, Team Pain will be prepared to start. Once we begin our portion of the construction and based on the complexity of the design it will take 10 to 16 weeks to complete. Planning Phase to include 1 to 2 community input meetings 2 to 6 weeks Design Phase (Team Pain) 2 to 4 weeks Design /Permitting (see Design Concepts) Mobilization 2 weeks Construction Phase (Team Pa in) 10 to 16 weeks 890 Northem Way Suile 0 -1 Winler Springs, FL 32708 I ph 407-366-9221 Ix 407-366-6889 1 inlo@teampain.com PROJECT: RFQ-I1-0S. SKATE PARK BID DUE DATE: WEDNESDAY, FEBRUARY 02,2011 by 4:00 PM REQUESTED BY: JOYCE MANWARING OPENED BY: LINDA TRIMBLE, PURCHASING AGENT h WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIANd'p/REVISED: 2/16/2011 " ~ J" ~ 'j' 'i '07 City of . W-heat~dge GRINDLINE HARDCORE PILLAR DESIGN SPOHN RANCH, TEAM PAIN CALIFORNIA VENDOR SKATEPARKS I ~t1V '''''"'", INC. STlmll")c INC. INC. ENTERPRISES, INC. SKATEPARKS (')("4. TION SEATTLE, WA 'v'v'" ",,.,, ~' CA' FLORIDA CALIFORNIA W/W/'; 'l"##~ ~ %;;; ~ W//;; 1% :r#//.-0"~ ~ ~ SIGNATURE PAGE YES YES YES NO YES YES Ar-'/·''-''''VLEDGE ADDENDUM #1 YES YES YES NO YES YES ACKNOWLEDGE ADDENDUM #2 YES NO NO . NO YES YES IACCEPTS VISA NO YES NO NO NO YES FIRM CAPABILITIES YES YES YES YES YES YES TEAM EXPERIENCE YES YES YES YES YES YES IILLFGAI. ALI~N COMPLJANCE YES YES YES YES YES YES I~~ECT APfROACH YES YES YES YES YES YES IINSIIRAI\lCE STATEMEN1 YES YES YES YES YES YES Page 1 .... ~J" , ~ City of r WlieatRLdge ITEM NO: J:J? DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF RFB-l1-13 2011 ACTIVITIES GUIDE PRINTING SERVICES TO PUBLICATION PRINTERS IN THE AMOUNT OF $27,738 D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES ISSUE: The Parks and Recreation Department is requesting award of RFB-1 1-13 for printing services for the 2011 activities guide. Total yearly expenditures will exceed $15,000, which requires Council approval.. On February 23, 2011, six bids were received for this project. Based on qualifications, past experience and pricing, staff reco=ends award of Option 2 to Publication Printers, Denver, CO in the total amount of $27,738. This award is a multi-year agreement with the option to renew for up to three additional one-year periods. If the quality, customer service and pricing do not change, staff requests the authority to renew the agreement automatically. PRIOR ACTION: The approved 2011 Budget includes funding for printing of the activities guide. FINANCIAL IMPACT: $19,725 was appropriated in the Recreation Center Fund budget, account #64-607-650-654 and $19,725 was appropriated in the General Fund, account #01-602-650-654. This appropriation was based on publishing the guide three times per year; effective 2011 the guide will be published twice a year. The encumbrance for twice/year publishing will be $13,869 for Recreation Center Council Action Form March 14, 2011 Page 2 Fund account #64-607-650-654 and $13,869 for General Fund account #01-6020650-654. This is a savings of$5,856 per account number, for a total savings of$II,712. BACKGROUND: The Parks and Recreation Department has historically distributed three activity guides annually. Effective 2011, the guide will be distributed twice per year. A spring/summer and fall/winter issue ofthe guide will be mailed to all Wheat fudge residents. Publishing the guide twice per year will improve the efficiency of staff in regards to program planning, save money, and increase the use of other marketing tools available including the City web site, Channel 8 and use of e-maiL The guide is the primary marketing tool that the Recreation Division uses to promote various classes, programs, special events, the Recreation Center, and the Active Adult Center. Some form of an activities guide has been printed since the City's incorporation. As the Recreation Division has grown and programs expanded, the size and content of the guide also increased. RECOMMENDATIONS: Staffreconnnends approval of the contract award of $27,738 to Publication Printers for the printing of the activities guide in 2011 with the option to renew for up to three additional one-year periods if the quality, customer service and pricing do not change. RECOMMENDED MOTION: "I move to approve award of RFB-II-13 2011 activities guide printing services to Publication Printers in the amount of$27,738 with the option of automatic renewals for up to three additional one-year periods based on quality, customer service and pricing." Or, "I move to deny award ofRFB-II-13 2011 activities guide printing services to Publication Printers in the amount of $27,73 8 for the following reason(s) ___________ " REPORT PREPAREDIREVIEWED BY: Julie Brisson, Recreation and Facilities Manager Joyce Manwaring, Parks and Recreation Director Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet PROJECT: RHI-l1-13 ACTIVITIES GUIDE BID DUE DATE/TIME: WEDNESDAY. 02/n/20U , ' AT 2 P.M. LOCAL TIME City of ~heat~ge LIBERTY PRESS NSO PRESS, INC. CPC SOLUTIONS LOCATION UTAH DENVER, CO GRAND JCT., CO OWLEDGE ADDENDUM #1 NO YES YES EPTS VISA YES NO YES REFERENCES OPTION 1 PRICING PRICE PER ISSUE: TOTAL PRICE PER YEAR: 2 PRICING PRICE PER ISSUE: TOTAL PRICE PER YEAR: PREP TIME: FINAL PROOF not included PREP TIME: PROOF TO DELIVERY not included Page 1 of 1 REQUESTED BY: CONNIE NElSON OPENED BY: LINDA TRIMBLE, PURCHASING AGENT WITNESSED BY: DENISE WOOD, PURCHASING TECH PRINTERS RR DONNELLY WEBB MASON DENVER DENVER CENTENNIAL, CO NO YES YES YES YES NO , . , ~~ r CITY of ? WheatRL-dge ITEMNO:H. DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE ANNUAL RENEWAL FOR THE MOBILE COP COMPUTER SYSTEM IN THE AMOUNT OF $24,174 TO INTERACT PUBLIC SAFETY SYSTEMS o PUBLIC HEARING IXI BIDSIMOTIONS o RESOLUTIONS QUASI-JUDICIAL: o ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2ND READING o YES Administrative Servi s Director City Manager ISSUE: The annual renewal of licensing and support of the existing Mobile Cop computer system is necessary to maintain the software and officer productivity tools in the field for the Police Department. The annual renew of licensing and support will cost $24,174, which was approved in the 2011 IT Budget. PRIOR ACTION: The license has been annuaUy approved by Council since 2005. FINANCIAL IMPACT: $24,174 is budgeted for 2011 in the IT Budget BACKGROUND: The proposed annual renewal of licensing and SUppOlt of the existing Mobile Cop computer system is necessary to maintain the software for the police department and public safety. The annual renew of licensing and support will cost $24,174. These funds were approved in the 2010 IT Budget. This package is all inclusive for licensing and technical support V:\FormsICAftemplate Council Action Form March 14,2011 Page 2 services. It includes software upgrades, bug fixes and patches, plus technical support to implement the software enhancements and fixes. Currently, these software tools allow the officers to query background checks, DMV registration, Computer Aided Dispatch and other law enforcement criminal databases (State NCIC) from their patrol vehicles. The continued renewal of the annual licensing and support contract is a strategic move to maintain and keep the Mobile Cop software system up to date. RECOMMENDATIONS: Staff recommends approval of the annual renewal for the Mobile Cop Interact computer system. RECOMMENDED MOTION: "I move to approve payment for the support and licensing renewal ofthe Mobile Cop computer system in the amount of $24, 174 payable to InterAct Public Safety Systems." Or, "I move to postpone indefmitely the renewal of the Mobile Cop computer system in the amount of$24,174 payable to InterAct Public Safety Systems for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Adtninistrative Services Director ATTACHMENTS: 1. InterAct Invoice #MC007212 PUBlIC SAFElY SYSTEMS For questions: (33G) 397-5325 0' (S3G) 397-5317 BillTo: Wheat Ridge CO, City of 7500 West 29th Avenue Wheat Ridge CO 80215-6713 AU,,: ATTN: Accounts Payable Service From: 41112011 Maintenance: infoServer Service From; 4/1/2Q11 Maintenance: StateJNCIC Interface Service From; 41112011 Maintenance: MobileCop, 40 licenses Sell'Vice From: 4/1/2011 Maintenance: Mag Str"rpe Reader Service From: 4/112011 Please Accounts Receivable PO Box 671713 Dallas, TX 75267-1713 For Questiolls: (336) 397-5317 To: 3131/2012 To: 3/3112012 To: 3131/2012 To: 3/31/2012 To: 3/3112012 Attachment 1 Invoice MC007212 . 1/28/2011 Palim.e,,~:re""s· Net 30 DolaDa!. 2/27/2011 $12,690.00 $2,421.00 $3,240.00 $450.00 ! I I I ,. I I , • < ~.. r City of ? WheatRi9ge lTEMNO:~ DATE: March 14,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT ROBERT BLAlR, DISTRICT II, TO THE BOARD OF ADJUSTMENT o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2ND READING QUASI-JUDICIAL: o YES [gJ NO flrw .. ,M4 City Manage!" ISSUE: Currently there is a vacancy in District II on the Board of Adjustment. Council Members Jay and Sang request that Robert Blair be appoiuted to the Board of Adjustment, term ending March 2, 2013. BACKGROUND: None RECOMMENDATIONS: To appoint Robert Blair to the Board of Adjustment RECOMMENDED MOTION: "I move to appoint Robert Blair to the Board of Adjustment, District II, term to expire 3/02113. Or, "1 move to deny approval of Robert Blair's appointment to the Boarel of Adjustment for the following reason(s) " V:\Forms\CAFtempJate Council Action Form March 14,2011 Page 2 REPORT PREPAREDIREVIEWED BY; Janice Smothers, Administrative Assistant to the Mayor and City Council Michael Snow, City Clerk ATTACHMENTS: 1. Robert Blair's application · ~ Ci~ of J/" Wheat Rgge Board and Commi§§ion Applkation APPLICATION FOR APPOINTMENT TO THE: r8 0/1"':: -0 0 ,~ .1'9.0 ';:r v s 'r ,»"\' E ~J ,-(Board/Commission/Committee) DATE: 1(2 7 /i I DISTRICT: _ ..::2.::::..-_ _ _ _ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT IlIDGE: ARE YOU A REGISTERED VOTER?_ _'. .t../...:4,-';;,,;::5:,,--_ HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES?_ _ -,N'-!!...:u:.;': _ ___ ___ _ SIGNATURE PRlNTNAME_~~~O~,~g?~f=~J?~r-~~~~~...:, __ t3~,~~j~~~~~/~~:-__ __ HOME PHONE_ _. .:.-:~?'A~~ 3~-_--'-~...:'~~L~-__-~-~~" ~;~~~ ______ _ BUSINESSPHONE ________ --____________ _ E-MAIL ADDRESS _____ __________ _ APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge CO 80033 Attachment 1 .. ~ . " . r~~~tR!9ge ITEM NO: J.:£ DATE: March 14,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFP-ll-l NATURAL GAS SUPPLIERS TO BP ENERGY COMPANY D PUBLIC HEARING ~ BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING D YES The City purchases natural gas directly from natural gas suppliers for two facilities; the municipal building and the recreation center. Purchasing directly from these suppliers provides a cost saving to the City as opposed to purchasing natural gas from XCEL Energy. These two facilities are the only two within the City that use a high enough quantity of nat11fal gas to realize a savings through direct purchase. A request for proposal was solicited from eligible vendors listed on the State of Colorado qualified vendor list. On March 2,2011, four responsive submittals were received. The selection committee evaluated and ranked the qualifications. Based on experience, fum capabilities, customer service approach and pricing, BP Energy Company was the munber one ranked firm. This award is a multi-year agreement with the option to renew for up to two additional two-year periods. lfthe quality, level of customer service and pricing do not change, staff requests the authority to renew the agreement automatically. PRIOR ACTION: No prior action has been taken. FINANCIAL IMPACT: Purchasing natural gas through direct suppliers provides an estimated cost savings of$lO,OOO to $1 5,000 annually. Council Action Form March 14,2011 Page 2 BACKGROUND: Pricing is based on the first of the month, Colorado Interstate Gas pricing index. RECOMMENDED MOTION: "I move to award RFP-11-15 Natural Gas Suppliers to BP Energy Company." Or, "I move to deny award ofRFP-II-15 to BP Energy for the following reasons(s): ___ _ " REPORT PREPARlED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Linda Trimble, Purchasing Agent ATTACHMENTS: I) Natural Gas Supply Bid Tabulation Sheet RFP-1l-15 NATURAL GAS BID DUE DATE/TIME: WEDNESDAY, MARCH 2, 2011 AT 4 P.M. LOCAL TIME VENDOR LOCATION SIGNATURE PAGE ACKNOWLEDGE ADDENDUM #1 ACCEPTS VISA ILLEGAL ALIEN COMPLIANCE QUALIFICATIONS/EXPE RIENCE LEVEL OF EFFORTS PRICING/SERVICE PLAN ASGARD ENERGY, LLC BP ENERGY CO. DENVER. CO DENVER, CO . YES YES YES YES NO NO YES YES YES YES YES YES YES YES Page 1 of 1 REQUESTED BY: JOYCE MANWARING OPENED BY: LINDA TRIMBLE, PURCHASING AGENT WITNESSED BY: DENISE WOOD, PURCHASING TECH SEMINOLE ENERGY SRVCS. TIGER, INC. DENVER, CO BOULDER, CO YES YES YES YES NO NO YES YES YES YES YES YES YES YES ...... C GI E .c u C':I :: <I: ITEMNO:-.L DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2011 AN ORDINANCE AMENDING ARTICLE 11 OF THE WHEAT RIDGE CODE OF LAWS BY ADDING A NEW ARTICLE XII CONCERNING MEDICAL MARIJUANA AND MAKING CERTAIN AMENDMENTS TO CHAPTER 26 (ZONING AND DEVELOPMENT) IN ASSOCIATION THEREWITH I:8J PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: D ORDINANCES FOR I ST READING (02128/2011 ) I:8J ORDINANCES FOR 2ND READING (03/14/2011) I:8J YES I:8J NO City Manager On September 14, 2009, Council adopted Ordinance 1453, Series 2009, which enacted a moratorium on the issuance or consideration of any City license or permit concerning medical marijnana business operations. Tbis moratorium was twice extended to allow the state to adopt laws and regulations concerning the activities of medical marijuana business operations. In 2010, the General Assembly enacted the Colorado Medical Marijuana Code (C.R.S. §§ 12-43.3-101 et seq.) wbich authorized the state to license and regulate the sale, distribution, cultivation, growth and manufacture of medical marijuana and medical marijuana-infused products throughout the state. The Code named the Colorado Department of Revenue ("DOR") as the state's licensing authority and further authorized tJle DOR to adopt rules that would further implement provisions of the Code. The attached Ordinance regluates and licenses medical marijuana businesses seeking to operate in the City, the appropriate zoning for those businesses and the regulation and licensing of plimary caregivers who seek to grow medical marijuana in the City. Please note that staff is proposing amendments to Section 11-305 (page 11) of the V:\Forms\CAFtempiate COlmcil Action Fonn March 14,2011 Page 2 Ordinance concerning the location of existing medical marijuana businesses. The provisions in this Ordinance, as amended, are consistent with state law. PRIOR ACnON: Council adopted Ordinance 1453, Series 2009, on September 14, 2009 as an emergency ordinance. Ordinance 1453 enacted a temporary ninety (90) day moratorium on the issuance or consideration of any City license or pennit concerning medical rnarijuana dispensaries. Council adopted Ordinance 1457, Series, 2009, on second reading on November 23,2009. Ordinance 1457 extended the moratorium in Ordinance 1453 for an additional ninety (90) days. Council adopted Ordinance 1459, Series 2010, on second reading on March 8, 2010. Ordinance 1459 extended the moratorium in Ordinance 1453 until July 13,2010. Council adopted Ordinance 1466, Series 2010, on second reading on June 28, 2010. Ordinance 1466 extended the moratorium in Ordinance 1453 until the effective date of the rules concerning medical marijuana that are currently under consideration by the Colorado Department of Revenue. FINANCIAL IMPACT: The financial impact for the City is unlmoWll. However, the City may begin receiving pennit and/or license fees for new applications concerning medical marijuana businesses and primary care-givers. BACKGROUND: In November 2000, the people of the State of Colorado adopted Amendment 20 which amended the Colorado Constitution by a&ling Article XVIII Section 14 thereto. Under Amendment 20, certain persons are protected from criminal prosecution under state law for the acquisition, possession, production, use or transportation of marijuana for medical purposes. Amendment 20 does not protect those persons from criminal prosecution tmder federal law. In 2009, due to certain announcements by the United States Attorney General and rule making by the Colorado Department of Public Health and Environment, Colorado communities saw an increase in establishments operating as "medical marijuana dispensaries." Amendment 20 does not discuss "medical marijuana dispensaries" or the retail or for profit sale of medical marijuana. The City enacted a moratorium to allow the state to develop laws regulating medical marijuana business operations. On May 12,2010, the General Assembly adopted House Bill 10-1284 concerning the regulation of the sale, distribution, cultivation, growth and manufacture of medical marijuana and medical marijuana-infhsed products. This bill was signed into law by the Governor on June 7, 2010. The bill prohibited primary caregivers from selling medical marijuana for a profit and imposes numerical limits on the number of patients for whom those caregivers can lawfully provide services under Amendment 20. In conjunction with limiting the application of the provisions in Amendment 20, House Bill 1 0-1284 enacted the Code which created a new state and local licensing model for medical marijuana business operations. The Council Action Fonn March 14, 2011 Page 3 Code authorized municipalities to adopt or extend moratoria to allow the DOR to adopt rules further implementing the Code. The fmal draft of those rules was published for public comment that ended on February 11,2011. As ofthe date of this RFCA, the DOR had not yet set a date for final implementation or adoption of those rules. At a study session on November 15,2010, Council provided direction to staff concerning the extent to which the City should regulate medical marijuana business operations. At that study session, Council also directed staff to draft regulations concerning primary caregivers who cultivate medical marijuana. This Ordinance has been drafted in accordance with those recommendations and state law. The Ordinance authorizes the City's tax and licensing division to act as the City's local licensing authority. The tax and licensing division will be authorized to issue three types of medical marijuana business licenses including: 1) medical marijuana center licenses (i.e. retail outlets), 2) optional premises cultivation operation licenses (i.e. grow facilities) and 3) medical marijuana infused products manufacturer licenses. All medical marijuana businesses will be authorized to operate in the Light Commercial (C-1) and Industrial (I) zone districts. However, these businesses will be prohibited from operating within 1000 feet of any school, alcohol or drug treatment facility, college or residential child care facility. Medical marijuana centers will be further prohibited from being located within three quarters of a mile of any other licensed medical marijuana center. Following internal discussions, staff has noted that the Ordinance as written could be interpreted to apply those buffer zones to the City's two existing medical marijuana businesses. To clarify the Ordinance, staffis proposing an amendment on second reading that win exempt those two businesses from the application of the buffer zones but only to the extent that those businesses remain at their current locations. If the businesses move, they will be subject to the buffer zones. The Ordinance also adopts a vertical integration model for cultivation operations. This means that those operations are only authorized in the City to the extent that the applicant for such license also operates a licensed medical marijuana center or infused products location within the City. The licensed location for a grow operation must be contiguous to the location at which the applicant operates its medical marijuana center or infused product manufacturing facility. The Ordinance also adopts regulations and licensing requirements for primary caregivers who grow medical marijuana. Primary caregivers will be required to obtain annual licenses and will be prohibited from growing medical marijuana outdoors. There are no location limitations concerning primary caregivers. However, to the extent applicable, primary caregiver license applicants must provide notarized approval from the owner of the property that such cultivation activities are authorized. Council Action Form March 14, 2011 Page 4 RECOMMENDATIONS: Planning Commission recommended adoption of this Ordinance by a vote of 6-1 following a public hearing on February 17,2011. City staff recommends adoption of this Ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 06-2011, an ordinance amending Article 11 of the Wheat Ridge Code of Laws by adding a new Article XII concerning medical marijuana and making certain amendments to Chapter 26 (Zoning and Development) in association therewith, on second reading, and that it will take effect 15 days after final publication. I further move to amend Council Bill No. 06-2011 to add the following sentence to the end of sections 11-305(b) andll-305(c): "Medical marijuana establishments that were lawfully in existence at a specific location within the city as ofthe effective date of this section shall not be subject to this prohibition at that location." Or, "I move to table indefinitely Council Bill No. 06-2011 adopting regulations concerning medical marijuana for the following reason(s) " REPORT PREPARED BY: Gerald E. Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 06-2011 2. January 22,2010 memorandlUn from the City Attorney, Director of Community Development and Chief of Police titled "Medical Marijuana Basics." 3. November 3,2010 memorandum from the City Attorney, Director of Community Development and Chief of Police titled "Medical Marijuana Licensing and Regulation. " 4. Map #1, depicting % mile separation, I OOO-foot buffer, and C-I, C-2 and I zoning districts. 5. Map #2, depicting C-I and I zoning districts where the medical marijuana businesses are proposed to be allowed. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DEMOTT Council Bill No. 06 Ordinance No. =-:-:--__ Series 2011 TITLE: AN ORDINANCE AMENDING ARTICLE 11 OF THE WHEAT RIDGE CODE OF LAWS BY ADDING A NEW ARTICLE XII CONCERNING MEDICAL MARIJUANA AND MAKING CERTAIN AMENDMENTS TO CHAPTER 26 (ZONING AND DEVELOPMENT) IN ASSOCIATION THEREWITH WHEREAS, in the November 2000 general election, the voters of the State of Colorado adopted Amendment 20 to the Colorado Constitution ("Amendment 20"), codified at Article XVIII Section 14, which authorizes and limits the use of medical marijuana for the treatment of debilitating medical conditions; and WHEREAS, Amendment 20 provides patients and primary care-givers, as those terms are defined therein, with criminal defenses to, or exceptions from prosecution for the possession, production and use or medical marijuana; and WHEREAS, in May, 2010 the Colorado General Assembly adopted the Colorado Medical Marijuana Code, §§ 12-43.3-101 et seq., C.R.S., authorizing the cultivation, manufacture, distribution, and sale of medical marijuana and medical marijuana-infused products throughout the state under state and local government licensing procedures; and WHEREAS, the City Council has been made aware of a proliferation of businesses seeking to cultivate, manufacture, distribute and sell medical marijuana and medical marijuana-infused products to those who qualify under state law; and WHEREAS, the City has no current land use or business regulation governing the operation of businesses that cultivate, manufacture, distribute or sell medical marijuana and/or medical marijuana-infused products ("Medical Marijuana Establishments"); and WHEREAS, on September 14, 2009, the City imposed a moratorium on the submission, acceptance, processing, and approval of all applications for City-lieenses relating to the operation of Medical Marijuana Establishments to allow the City staff and the City Council to investigate the City's ability to regulate such establishments, and to develop and implement any appropriate regulations consistent with state law; and WHEREAS, because marijuana is a controlled substance under Colorado and federal law, the cultivation, manufacture, distribution and sale as contemplated by the Colorado Medical Marijuana Code has the potential for abuse and should be closely monitored and regulated by local authorities to the extent possible; and WHEREAS, if not closely monitored and regulated, the presence of marijuana, even for the purposes legally permitted by Amendment 20 and the Colorado Medical Marijuana Code, can potentially cause an increase in illegal activities within the City Attachment 1 affecting the health, safety, order, comfort, convenience and general welfare of the residents of the City; and WHEREAS, if Medical Marijuana Establishments operating pursuant to the Colorado Medical Marijuana Code were allowed to be established and to operate without appropriate local regulation of their location, such establishments might be established in areas that would conflict with the City's comprehensive land use plan; be inconsistent with surrounding uses; or otherwise be detrimental to the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Moratorium Concluded. The moratorium imposed by Ordinance 1453 on September 14, 2009 shall conclude upon the effective date of this ordinance. Section 2. Chapter 11 of the Wheat Ridge Code·of Laws is hereby amended by the adoption of a new Article XII to read in its entirety as follows: Sec. 11-290. Sec. 11-291. Article XII. Medical Marijuana Licenses Division 1. Generally Authority Definitions Division 2. Medical Marijuana Licenses Sec. 11-292. Local licensing authority established Sec. 11-293. Types of medical marijuana licenses Sec. 11-294. Medical marijuana license required Sec. 11-295. Application of Colorado Medical Marijuana Code Sec. 11-296. Application for license Sec. 11-297. Application fee Sec. 11-298. Standards for approval of license, no hearing required Sec. 11-299. Authority to recommend and impose conditions on license. Sec. 11-300. Denial of license. Sec. 11-301. Appeal of denial or conditional approval of license Sec. 11-302. Duration of license, renewal Sec. 11-303. Duties of licensee Sec. 11-304. Hearing, suspension, revocation of license Sec. 11-305. Prohibited locations Sec. 11-306. Signage Sec. 11-307. Taxes Sec. 11-308. Penalties, injunctive relief Secs.11-309-11-319. Reserved 2 Sec. 11-320. Sec. 11-321. Sec. 11-322. Sec. 11-323. Sec. 11-324. Sec. 11-325. Sec. 11-326. Sec. 11-327. Sec. 11-328. Sec. 11-329. Sec. 11-330. Sec. 11-331. Division 3. Primary Caregiver Licenses Primary caregiver license required Application for license Application fee Standards for approval of license Authority to recommend and impose conditions on license Denial of license. Appeal of denial or conditional approval of license Duration of license, renewal Duties of licensee Hearing, suspension, revocation of license Growing of medical marijuana outdoors prohibited Penalties, injunctive relief DIVISION 1. GENERALLY Sec. 11-290. Authority. The City Council hereby finds, determines, and declares that it has the power to adopt this article pursuant to: (a) The Local Governrnent Land Use Control Enabling Act, article 20 of title 29, C.RS.; (b) Part 3 of article 23 of title 31, C.R.S. (concerning municipal zoning powers); (c) Section 31-15-103, C.R.S. (concerning rnunicipal police powers); (d) Section 31-15-401, C.RS. (concerning municipal police powers); (e) Section 31-15-501, C.RS. (concerning municipal authority to regulate businesses); (f) The authority granted to home rule municipalities by article XX of the Colorado Constitution; (g) Article XVIII Section 14 of the Colorado Constitution; and (h) The powers contained in the Wheat Ridge Home Rule Charter. Sec. 11-291. Definitions. As used in this article the following words shall have the following meanings, unless the context clearly requires otherwise: Administrative hearing officer has the meaning provided in section 2-87 of this code. Applicant rneans any person making an application for a license under this article. 3 Application means an application for license submitted pursuant to this article. City Manager shall have the meaning provided in section 2-26 of this code. Colorado Medical Marijuana Code shall mean Article 43.3 of Title 12 of the Colorado Revised Statutes and any implementing administrative regulations. Good cause means and includes (1) When a licensee violates, does not meet, or fails to comply with any of the terms, conditions, or provisions of this article and any rule and regulation promulgated pursuant to this article or the Colorado Medical Marijuana Code; (2) When the licensee or applicant has failed to comply with any special terms or conditions that were placed on its license at the time the license was issued, or that were placed on its license pursuant to an order of the local licensing authority or the Colorado Department of Revenue; or (3) When the licensed premises have been operated in a manner that adversely affects the public health, welfare, or safety of the immediate neighborhood in which the medical marijuana clinic is located. Evidence to support such a finding can include: (i) a pattern of disorderly conduct as defined in section 11-54(a)(1) of this code within or immediately adjacent to the premises of the licensee; (ii) a pattern of drug-related criminal conduct within the licensed premises, or in the immediate area surrounding the licensed premises; (iii) criminal conduct directly related to or arising from the operation of the medical marijuana establishment.. License means a license to operate a medical marijuana establishment issued pursuant to this article. Licensed premises means the location in the City from which the Licensee will operate. Licensee means the person to whom a license has been issued pursuant to this article and the Colorado Medical Marijuana Code to operate a business as described in section 12-43.3-402, CRS .. Medical marijuana means marijuana that is grown and sold pursuant to the provisions of the Colorado Medical Marijuana Code for a purpose authorized by section 14 of the Article XVIII of the Colorado Constitution. Medical marijuana center means a premises licensed pursuant to the Colorado Medical Marijuana Code to operate a business as described in section 12-43.3-402, C.R.S. Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana-infused product manufacturer or an optional premises cultivation operation. 4 Medical marijuana-infused product shall mean a product infused with medical marijuana that is intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, and tinctures, Medical marijuana-infused product manufacturer shall mean a person licensed pursuant to the Colorado Medical Marijuana Code to operate a business as described in section 12-43,3-404, C,RS, Optional premises cultivation operation shall mean a premises licensed pursuant to this ordinance and the Colorado Medical Marijuana Code where a business described in section 12-43,3-403, C,RS will operate, Patient has the meaning provided in section 14(a)(d) of Article XVIII of the Colorado Constitution of the Colorado Constitution as further defined and regulated in section 25-1,5-106, CRS, and 5 C,CR 1006-2, Person means a natural person, partnership, association, company, corporation, limited liability company, organization, or a manager, agent, owner, director, servant, officer, or employee thereof, Primary care-giver has the meaning provided in section 14(1)(f) of Article XVIII of the Colorado Constitution as further defined and regulated in section 25-1,5-106, CRS, and 5 C,CR 1006-2, School shall mean a public or private preschool or a public or private elementary, middle, junior high or high schooL (b) In addition to the definitions provided in subsection (a) of this section, the other defined terms in section 14 of Article XVIII of the Colorado Constitution are incorporated into this article by reference, DIVISION 2. MEDICAL MARIJUANA LICENSES Sec. 11-292. local licensing authority established. (a) There is hereby established a local licensing authority, which shall have and is vested with the authority to: 1, Grant and refuse licenses and approve and deny applications for renewal and transfer of licenses for the sale, cultivation and manufacture of medical marijuana and medical marijuana infused products; 2, Promulgate reasonable rules and regulations concerning licenses issued under this division 2; 5 3. Suspend and revoke licenses issued under this division 2 in the matter provided by law; and 4. Have all of the powers of the local licensing authority as provided in the Colorado Medical Marijuana Code. (b) The Tax and Licensing Division of the City shall serve as the local licensing authority for any administrative purposes described in subsections (a)(1), (a)(2) and (a)(4) of this section An administrative hearing officer shall serve as the local licensing authority for purposes of hearing any requests for suspension or revocation described in subsection (a)(3). Sec. 11-293. Types of medical marijuana licenses. The local licensing authority may issue the following three types of medical marijuana licenses: (a) Medical marijuana center license; (b) Medical marijuana-infused products manufacturing license; and (c) Optional premises cultivation license. Sec. 11-294. Medical marijuana license required. No person or entity shall operate a medical marijuana establishment within the City without a valid and appropriate medical marijuana license issued in accordance with this division 2. This requirement to obtain the appropriate medical marijuana license is in addition to the requirement to obtain a business license pursuant to article II of this chapter and any other license or permit required by the city. Medical marijuana establishments that are in existence as of the effective date of this section must submit an application for a medical marijuana license within 30 days of that effective date. Sec. 11-295. Application of Colorado Medical Marijuana Code. Except as otherwise provided herein, the local licensing authority shall be governed by the Colorado Medical Marijuana Code now in effect or subsequently amended. In the event of a conflict between the provisions in this article and those in the Colorado Medical Marijuana Code, the more stringent provision shall apply. Sec. 11-296. Application for license. (a) A person seeking to obtain a license pursuant to this division 2 shall file an application with the local licensing authority on a form provided by the state, and shall include all additional information required by the Colorado Medical Marijuana Code. (b) The local licensing authority is hereby authorized to request any applicant to provide information that is in addition to the requirements of the Colorado Medical Marijuana Code if it determines that such information is reasonably necessary to complete the investigation and review of the application. Sec. 11-297. Application fee. An applicant shall pay to the City a non-refundable application fee when the application is filed. The purpose of the fee is to cover the 6 administrative costs of processing the application. The amount of the application fee shall be fixed by the City Council by molion. Sec. 11-298. Standards for approval of license, no hearing required. (a) The local licensing authority is authorized to administratively approve any license under this division 2 so long as the following conditions are met: 1. The application (including any required attachments and submissions) is complete and signed by the applicant; 2. The applicant has paid the application fee and any other fees required by this code; 3. The application does not contain a material falsehood or misrepresentation; 4. The application complies with all of the requirements of this division 2 and the Colorado Medical Marijuana Code; and 5. The licensing authority has received written approval from the City of Wheat Ridge Police Department as to the applicant's criminal background. 6. The licensing authority has received written approval from the Community Development Department that the location and zoning requirements imposed by this division 2 and Section 26-204 of the Code have been met. (b) The local licensing authority may, but is not required to hold a hearing as permitted by section 12-43.3-302, C.R.S. prior to granting a medical marijuana license. Sec. 11-299. Authority to recommend and impose conditions on license. (a) Any City department shall have the authority to recommend reasonable terms and conditions on a license as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of this division 2 and applicable law, so long as those conditions are not in conflict with the Colorado Medical Marijuana Code. (b) The local licensing authority is authorized to approve any license issued under this division 2 subject to such reasonable conditions as required by the City. (c) In the event an application is conditionally approved, the local licensing authority shall clearly set forth in writing the conditions of approval. Sec. 11-300. Denial of license. The local licensing authority shall deny an application for a license under this division 2 when the applicant fails to meet all of the standards set forth in section 11-298 of this division 2. 7 Sec. 11-301. Appeal of denial or conditional approval oflicense. (a) An applicant has the right to appeal the denial of an application or condition imposed thereon to an administrative hearing officer. (b) The applicant must file a written notice of appeal with the local licensing authority within fifteen days after the date of mailing of the denial or conditional approval of the application. (c) Upon notice from the local licensing authority that the applicant has satisfied the requirement in subsection (b), the City Manager shall appoint an administrative hearing officer. (d) The applicant shall be provided with not less than ten days' prior written notice of the appeal hearing to be held by the administrative hearing officer. (e) applicant. The burden of proof in an appeal filed under this section shall be on the (f) If the administrative hearing officer finds by a preponderance of the evidence that the decision of the local licensing authority was correct, the administrative hearing officer shall uphold uphold that decision. If the administrative hearing officer finds by a preponderance of the evidence that the decision of the local licensing authority was incorrect, the administrative hearing officer shall set aside the denial and issue the license. The administrative hearing officer may impose additional conditions on the license issued (if it was previously denied) or require that the conditions of approval be stricken or modified. (g) Any decision made by the administrative hearing officer pursuant to this section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the denial or conditional approval of the application. Sec. 11-302. Duration of license, renewal. (a) Each license issued pursuant to this division 2 shall expire on the first day of the month one year from the month of issuance, and may be renewed as provided in this section. (b) An application for the renewal of an existing license shall be made to the local licensing authority as required by the Colorado Medical Marijuana Code. At the time of the filing of an application for the renewal of an existing license the applicant shall pay a renewal fee in an amount fixed by the City Council by motion. Sec. 11-303. Duties of licensee. Each licensee shall: (a) Post the license in a conspicuous location on the licensed premises; 8 (b) Comply with all of the terms and conditions of the license; (c) Comply with all of the requirements of this division 2; (d) Comply with all other applicable City ordinances; (e) Comply with the Colorado Medical Marijuana Code; (f) Comply with all slate laws and administrative regulations pertaining to the med·lcal use of marijuana; (g) Comply with all applicable federal laws, rules, or regulations, other than a federal law, rule or regulation concerning the possession, sale or distribution of medical marijuana; (h) Permit inspection of its records and operation by the local licensing authority for the purpose of determining the licensee's compliance with the terms and conditions of the license and the City's tax laws; and (i) Permit inspection of the premises by authorized City officials during permitted business hours for the purpose of determining compliance with this division 2. Sec. 11-304. Hearing, suspension, revocation of license. (a) A license issued pursuant to this division 2 may be suspended or revoked by the local licensing authority after a hearing for the following reasons: 1. Fraud, misrepresentation, or a false statement of material fact contained in the license application; 2. A violation of any City ordinance, state, or federal law or regulation, other than a federal law or regulation concerning the possession, sale or distribution of marijuana that conflicts with Article XVIII Section 14 of the Colorado Constitution; 3. A violation of any of the terms and conditions of the license; 4. A violation of any of the provisions of this article; or 5. Good cause. (b) Request for suspension or revocation, notice of hearing, burden. 1. Any authorized City official may request in writing that a license issued under this article be suspended or revoked. 2. The City Manager shall appoint an administrative hearing officer to preside over the hearing on the suspension or revocation of a license. 9 3. The administrative hearing officer shall a. Set a date and time on which to determine whether to revoke or suspend such license; b. Notify the licensee in writing of the date and time of the hearing at least ten (10) days prior to conducting such hearing. Such notice shall be sent by regular mail postage prepaid. Notice is deemed to have been given upon mailing; c. Conduct a hearing based on the allegations provided in the written request. This shall be an informal hearing where no rules of evidence shall apply. The burden shall be on the City to prove by a preponderance of the evidence that the licensee has violated the provisions in subsection 11-294 (a); and d. Provide a written decision to the licensee within a reasonable time after the conclusion of the hearing. (c) In deciding whether a license should be suspended or revoked, and in deciding what conditions to impose in the event of a suspension, if any, the administrative hearing officer shall consider: 1. The nature and seriousness of the violation; 2. Corrective action, if any, taken by the licensee; 3. Prior violation(s), if any, by the licensee; 4. The likelihood of recurrence; 5. All circumstances surrounding the violation; 6. Whether the violation was willful; 7. The number of previous violations by the licensee; and 8. Previous sanctions, if any, imposed against the licensee. (d) In connection with the suspension of a license, the administrative hearing officer may impose reasonable conditions thereon. (e) Any decision made by the administrative hearing officer pursuant to this section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the decision. 10 (f) No fee previously paid by a licensee in connection with the application shall be refunded if such license is suspended or revoked. Sec. 11-305. Prohibited locations. (a) Except as provided in subsection (1) of this section, no medical marijuana establishment shall be located at a location that does not conform to the requirements of this section. (b) No medical marijuana center shall be located within one thousand feel of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, or seminary, or a residential child care facility. (c) No medical marijuana center shall be located within three quarters (%) of a mile of another medical marijuana center. (d) No person shall operate an optional premises cultivation operation within the City unless the licensed premises of the person's optional premises cultivation operation are contiguous with the licensed premises of the person's medical marijuana center license and/or the person's medical marijuana-infused products manufacturing license. (e) Each medical marijuana establishment shall be operated from a permanent location. Except as permitted by the Medical Marijuana Code, no medical marijuana establishment shall be licensed to operate from a moveable, mobile, or transilory location. (f) The suitability of a location for a medical marijuana establishment shall be determined at the time of the issuance of the first license for such establishment. The fact that changes in the neighborhood that occur after the issuance of the first license might render the site unsuitable for a medical marijuana establishment under this section shall not be grounds to suspend, revoke or refuse to renew the license for such establishment so long as the license for the establishment remains in effect. Sec. 11-306. Signage. (a) All signage for a medical marijuana establishment shall comply with the requirements of chapter 26 of this code. (b) No licensee shall display a sign for the medical marijuana establishment that contains the word "marijuana," "cannabis," or any other word or phrase commonly understood to refer to marijuana unless such word or phrase is immediately preceded or followed by the word "medicaL" Sec. 11-307. Taxes. Each licensee shall collect and remit sales tax on all medical marijuana, paraphernalia, and other tangible personal property sold by the licensee at the medical marijuana establishment according to the provisions of chapter 22 of this code and any regulations issued pursuant thereto. 11 Sec. 11-308. Penalties, injunctive relief. (a) It is a misdemeanor offense for any person to violate any provision of this division 2. Any person convicted of having violated any provision of this division 2 shall be punished as set forth in section 1-5 of this code. (b) In addition to all other remedies available to the city under this code and by law, the operation of a medical marijuana establishment without a valid license issued pursuant to this division 2 may be enjoined by the City in an action brought in a court of competent jurisdiction. DIVISION 3. PRIMARY CARE-GIVER LICENSE Sec. 11-320. Primary caregiver license required. No primary care-giver shall produce, offer, sell or grow medical marijuana within the City without a valid and appropriate primary care-giver license issued in accordance with this division 3. Sec. 11-321. Application for license. (a) A person seeking to obtain a primary care-giver license shall file an application with the Tax and Licensing Division. (b) An application for a primary care-giver license shall contain the following information: 1. The applicant's name, address and telephone number; 2. The street address of the applicant's operation location; 3. If the applicant is not the owner of the proposed location, a notarized statement from the owner of such property authorizing the use of said property for the applicant's operation; 4. A statement by the applicant acknowledging that the applicant may be subject to criminal prosecution under federal law for the distribution of a controlled substance; 5. A statement by the applicant that the applicant is a state approved primary care-giver; 6. A statement by the applicant that the applicant will provide the Wheat Ridge Police Department the registry identification card number of each of his or her patients upon inquiry; 7. A statement by the applicant acknowledging that the City accepts no legal liability in connection with the approval and subsequent operation of the medical marijuana establishment; 12 8. A statement by the applicant acknowledging that the provisions in chapter 26 of this code conceming home occupations applies to the activities of a primary care-giver; and 9. Any additional information that the Tax and Licensing Division reasonably determines to be necessary in connection with the investigation and review of the application. Sec. 11-322. Application fee. An applicant shall pay to the City a non-refundable application fee when the application is filed. The purpose of the fee is to cover the administrative costs of processing the application. The amount of the application fee shall be fixed by the City Council by motion. Sec. 11-323. Standards for approval of license. The Tax and Licensing Division is authorized to approve a primary care-giver license so long as the following conditions are met: (a) The application (including any required attachments and submissions) is complete and signed by the applicant; (b) The applicant has paid the application fee; and (c) The application does not contain a material falsehood or misrepresentation. Sec. 11-324. Authority to recommend and impose conditions on license. (a) Any City department shall have the authority to recommend reasonable terms and conditions on a primary care-giver license as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of this division 3 and applicable law. (b) The Tax and Licensing Division is authorized to approve any primary caregiver license subject to such reasonable conditions as required by the City. (c) In the event an application is conditionally approved, the Tax and Licensing Division shall clearly set forth in writing the conditions of approval. Sec. 11-325. Denial of license. The Tax and Licensing Division shall deny an application for a primary care-giver license when the applicant fails to meet all of the standards setforth in section 11-313 of this division 3. Sec. 11-326. Appeal of denial or conditional approval of license. An applicant has the right right to appeal the denial of an application or condition imposed thereon to an administrative hearing officer pursuant to the provisions in code section 11-291. 13 Sec. 11-327. Duration of license, renewal. (a) Each license issued pursuant to this division 3 shall expire on the first day of the month one year from the month of issuance, and may be renewed as provided in this section. (b) An application for the renewal of an existing license issued under this division 3 shall be made to the Tax and Licensing Division. At the time of the filing of an application for the renewal of an existing license the applicant shall pay a renewal fee in an amount fixed by the City Council by motion. Sec. 11-328. Duties of licensee. Each licensee shall: (a) Comply with all of the terms and conditions of the license; (b) Comply with all of the requirements of this division 3; (c) Comply with all other applicable City ordinances; (d) Comply with all state laws and administrative regulations pertaining to the medical use of marijuana; (e) Comply with all applicable federal laws, rules, or regulations, other than a federal law, rule or regulation concerning the possession, sale or distribution of medical marijuana; and (f) Permit inspection of the licensed premises by authorized City officials at reasonable hours upon a complaint and after providing twenty-four hours written notice to the licensee. Such written notice may be posted on the licensed premises. Sec. 11-329. Hearing, suspension, revocation of license. A license issued pursuant to this division 3 may be suspended or revoked by the City pursuant to the provisions in code section 11-294. Sec. 11-330. Growing of medical marijuana outdoors prohibited. No primary caregiver may grow medical marijuana outdoors. Sec. 11-331. Penalties, injunctive relief. (a) It is a misdemeanor offense for any person to violate any provision of this division 3. Any person convicted of having violated any provision of this article shall be punished as set forth in code section 1-S. (b) In addition to all other remedies available to the City under this code and by law, the growing of medical marijuana by an unlicensed primary care-giver may be enjoined by the City in an action brought in a court of competent jurisdiction. Section 3. Section 26-123 of the Code, entitled Definitions, is hereby amended by the addition of the following terms: 14 Medical marijuana center has the meaning provided in Article XII of Chapter 11 of this code. Medical marijuana-infused products manufacturer has the meaning provided in Article XII of Chapter 11 of this code. Optional premises cultivation operation has the meaning provided in Article XII of Chapter 11 of this code. Section 4. The Table of Uses for Commercial and Industrial Districts provided for in Seclion 26-204 of the Code is hereby amended as follows: Uses Notes NC RC C-1 C-2 I Medical and dental Pharmacies and P P P P P offices, clinics or optical stores laboratories, excluding are accessory substance abuse use clinics MEDICAL P P MARIJUANA CENTERS MEDICAL P P MARIJUANAINFUSED PRODUCTS MANUFACTURERS OPTIONAL P P PREMISES CULTIVATION OPERATION Mini-warehouses for P P inside stora~e Section 5. Police Power Finding. The City Council hereby finds, determines, and declares that this Ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the City of Wheat Ridge and the inhabitants thereof. Section 6. Authority. The City Council hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.RS.; (ii) Part 3 of Article 23 of Title 31, C.RS. (concerning municipal zoning powers); (iii) Section 31-15-103, C.RS. (concerning municipal police powers); (iv) Section 31-15-401, C. RS. (concerning municipal police powers); (v) Section 31-15-501 (concerning municipal power to regulate businesses); (vi) the authority granted to horne rule municipalities by Article XX of the Colorado Constitution; and (vii) the powers contained in the City of Wheat Ridge, Colorado Home Rule Charter (the "Charter"). 15 Section 7. 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 8. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 28th day of February, 2011, 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 March 14, 2011 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 , 2011. SIGNED by the Mayor on lhis __ dayof _____ , 2011. ATTEST: Michael Snow, City Clerk First Publication: March 3, 2011 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney 16 MEMORANDUM TO: Mayor Jerry DiTullio and City Council THROUGH: Randy Young, City Manager FROM: Gerald Dahl, City Attorney; Dan Brennan, Chief of Police and Ken Johnstone, Director of Community Development DATE: January 22, 2010 RE: Medical Marijuana Basics How is marijuana legal? In 2000, Colorado voters passed Amendment 20 to the Colorado Constitution, legalizing the medical use of marijuana. Colo. Canst. art. XVIII, § 14. Amendment 20 created an exception to the state's criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana.' Colo. Const. art XVIII, § 14(2)(b). If medical marijuana patients or primary care-givers are not in possession of a registry identification card but they have a physician's recommendation that marijuana may help treat a patient's debilitating medical condition, than the patient and their primary care-giver are entitled to an affirmative defense to the state's criminal laws. Colo. Canst. art XVIII, § 14(2)(a). Licensed physicians are also entitled to an exception to the state's criminal laws under Amendment 20 for recommending the medicql use of marijuana to patients who have been diagnosed with debilitating medical conditions. Colo. Canst. art. XVIII, § 14(2)(c). For purposes of Amendment 20, "medical use" means: The acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient's debilitating medical condition, which may be authorized only after diagnosis of the patient's debilitating medical condition by a physician or physicians, as provided in this Section. Colo. Const. art. XVIII, § 14(1)(b). Thus, persons diagnosed with a debilitating medical condition may use, acquire, possess, produce or transport marijuana for medicinal purposes. As of June 14, 2004, the Colorado Department of Public Health and Environment instituted a policy of no longer issuing medical marijuana registry cards to primary-caregivers. Attachment 2 Note, that medical use does not include the term dispensing, selling or purchasing. Those words are only included within Amendment 20 under section 14(2)(e) which states: Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection ... for his or her acquisition, possession, manufacture, production, use, ale, distribution, dispensing, or transportation of marijuana for any use other than medical use. However, in a recent decision, a District Court judge determined that the term "acquire" as used within the term "medical use" necessarily included selling or dispensing because of section 14(e). Frasher et af v. City of Centennial, 2009CV1456, Arapahoe County. This was a preliminary decision on a motion for temporary injunctive relief and not a after a full trial. In addition, because this is a decision of a District Court it does not serve as legal precedent and therefore does not necessarily apply to any other municipality beSides Centennial. To date, the sale of medical marijuana is not regulated by the state. As a result, medical marijuana dispensaries are being established under the pretense that the individuals operating those businesses do so as a "primary caregiver". Amendment 20 defines "primary caregiver" as: a person other than the patient and the patient's physician who is eighteen years of age or older and has a significant responsibility for managing the well-being of a patient who has a debilitating medical condition. Colo. Const. art. XVIII, § 14(1 )(f). So long as an individual owner of a medical marijuana dispensary is named as a primary giver by patients who have debilitating medical conditions, that individual is entitled to the same protections afforded those patients under Amendment 20. Therefore, a primary care-giver is allowed to acquire, possess, and transport marijuana for use by his or her patients. Combined a patient and his or her primary care-giver may not possess more than two (2) ounces of marijuana in a usable form and not more than six (6) marijuana plants in varying stages of development. Colo. Const. art. XVIII, § 14(4)(a). This limit as applied to a primary care-giver is cumUlative as based on the number of patients for whom that primary care-giver is responsible. For example, if a primary care-giver has 10 patients, none of whom grow their own marijuana, than the primary care-giver is entitled to possess up to sixty (60) plants. So why have medical marijuana dispensaries proliferated? In February of last year, the United States Attorney General, Eric Holder, announced that it would no longer be a priority of the Justice Department to enforce the federal prohibition against the sale or use of marijuana. Prior to that announcement, few medical marijuana dispensaries operated within the state and there were a few thousand patients listed on the state's registry. Since that announcement, it has been estimated that there are now 30,000 patients listed on the state's registry and an unknown number of medical marijuana dispensaries. The Attorney General's comments alone do not explain the explosion of medical marijuana dispensaries in the state. The Colorado Department of Public Health (the "CDPHE") also shares some responsibility. The CDPHE is charged with promulgating rules to implement 2 , l I ,I I I I i , :" I I Amendment 20. In July 2009, the CDPHE proposed an amendment to its regulations to redefine the phrase "significant responsibility for managing the well-being of a patient," as it is used in the definition of "primary caregiver." After a twelve hour hearing, the CDPHE adopted a rule that defines that phrase to mean: assisting a patient with daily activities, including but not limited to transportation or housekeeping or meal preparation or shipping or making any necessary arrangement for access to medical care or services or provision of medical marijuana. Under this definition, a primary care-giver can significantly manage the well-being of a patient solely by providing medical marijuana. However, in October 2009, the Colorado Court of Appeals determined that "supplying marijuana for medical use, by itself, is insufficient to constitute significant management responsibility for a patient's well-being." People v. Clendenin, 08CA0624 (Colo. App. October 29,2009). Unfortunately, the Court did not describe what what other types of activities would satisfy the term. In addition, due to timing, the Court did not address the CDPHE's definition. This case is now before the Colorado Supreme Court. What is the current status of legislation? Currently, the state laws concerning medical marijuana do not address or place requirements on the doctor to patient relationship. There are two bills being proposed for consideration by the General Assembly during this year's term. The first bill would address the doctor to patient relationship. This bill places more stringent requirements on the type of review that must be conducted by the physician prior to that physician recommending that a patient use medical marijuana, The second bill would limit the number of patients for whom a primary care-giver may care. If this second bill is adopted as written, a primary care-giver may only have five (5) patients. It also prohibits primary care-givers from combing to grow Or provide marijuana to their patients. Economically, this would essentially prohibit medical marijuana dispensaries from continued operation. 3 KUEGHENM'EISTE:R R~NAUO LLP ATIQRNr.VSATLAW MEMORANDUM TO: Mayor Jerry DiTullio and City COlIDcil THROUGH: Patrick Goff, City Manager FROM: DATE: RE: Gerald Dahl, City Attorney; Dan Brennan, Chief of Police and Ken Johnstone, Director of Community Development November 3, 20 I 0 (for the November 15 Study Session) Medical Marijuana Licensing and Regulation The purpose of this memorandum is two-fold: (\) to give an update of recent developments concerning the regulation of the cultivation, production, use and sale of medical marijuana, and (2) 10 request direction from Council on how to proceed with appropriate licensing and regulation, or banning, of medical marijuana businesses in the City also including primary care-givers and cultivation. I. Background: Regulation arMedical Marijuana Businesses In June 2010, staff produced a memorandum (attached for your reference) describing the licensing and regulation of medical marijuana cultivation, production and use under Amendment 20 to the Colorado Constitution and the newly adopted Colorado Medical Marijuana Code, C.R.S. §§ 12-43.3-101 el seq. At that time, the Colorado Department of Revenue (the "DOR"), the state's licensing authority, was expected to produce and adopt regulations concerning its application oflhe Medical Marijuana Code in September 2010. Council decided to delay ft.rther discussion concerning the City's regulations until after the DOR had produced its regulations. Council adopted an ordinance extending lbe City's moratorium on the issuance of permits and licenses concerning medical marijuana businesses until the date tbat the DOR regulations ('became effective." The DOR released its draft regulations in September. Under state law, the DOR is reqnired to hold hearings on those regulations prior to their implementation. While the DOR has not produced an official calendar, the DOR should begin holding hearings on the regulations in January 2011 with an effective date set for March 2011. At approximately ninety-three pages of text, the draft regulations are extensive. Staff believes that the draft regulations provide enough guidance for the Council to lift the moratorium and enact the City's regulations. Attachment 3 I r I n. Options for Council Actiou Staff is proposing the following options for Council's consideration: 1. Adopt an ordinance or recommend a ballot measure barming medical marijuana businesses from operating in the City. 2. Adopt an ordinance regulating medical marijuana businesses. Option 1: Adopt an ordinance Olr resolution or recommend a baliot measure banuiug medi~liIl marijnana businesses from operating in the City. The Colorado Medical Marijuana Code, at C.R.S. § 12-43.3-106, contains a local opt out provisiou authorizing local governments to prohibit medical marijuana businesses from operating in their communities. There are two methods by which a local government may exercise this opt out provision: o By a vote of a majority of registered eleclors of the local government at a regular or special election; or o By a vote of a majority of the members of the governing board of the local government. Here, Council, acting as the governing board for the City, may, by majority vote, adopt an ordinance or resolution banning medical marijuana businesses from operating in the City. Alternatively, Council could refer this question to the voters of Wheat Ridge at a special election. There are several local governments that have followed one ofthese two approaches. A list of those communities is attached for your reference. It is important to note that there are two retail medical marijuana businesses currently operating in the City. If the City adopts a ban on those types of businesses, this may create two legal non-conforming uses andlor potentially run afoul of the state's anti-amortization law. Under that law, no business that was legal at the time that it was created may be forced to close. By adopting a ban on medical marijuana businesses, the City would necessarily be forcing the two existing businesses to close. This could subject the City to a lawsuit under the antiamortization provisions. However, the anti-amortization statute predates the Colorado Medical Marijuana Code. Under general rules of statutory interpretation, in the event that two statutory provisions conflict, the more recent provision prevails. As the more recent provision, the Colorado Medical Marijuana Code authorizes the City to ban medical marijuana businesses. In addition, under the Colorado Medical Marijuana Code, the City's ability to ban must necessarily include the ability of the City to force those existing businesses to close. Thus, while the City may be subject to a lawsuit for forcing those existiug businesses to close, it is not likely that the City would be forced to compensate the owners of those businesses for taking actions authorized under the Colorado Medical Marijuana Code. -2-I i I I I t I I I !". I I i I I I· OptiO!ll 2 -Adopt a!ll ordi",mce cOJIllcemillg the licensing of medical with cirI:mgcs consistent with the provisions in the Colorado Medical Marijnan01l Code and nOR ,.egulmtions. If the Council decides to allow medical marijuana businesses to operate in the City, staff requests direction concerning some specific regulatory options for those businesses. The City is not required to adopt regulations implementing the Colorado Medical Marijuana Code because under C.R.S. § 12-43.3-301(2){a), if the Council does not bah medical marijnana businesses or adopt regulations, then the default provisions of the Colorado Medical Marijuana Code apply. It is staff's recommendation that Council adopt some level of regulation to detennine the appropriate zoning and licensing mechanisms for these businesses operating within the City. Here are the questions Staff needs Council to answer if Option 2 is selected: o What types of licenses should the City offer? The Colorado Medical Marijuana Code authorizes the City to issue the following medical marijuana licenses: 1. A medical marijuana center license. This is a license for a relail medical marijuana business. 2. A medical marijuana-infused products manufacturer license. This is a license for a business that manufacturers a product containing medical marijuana for use or consumption by a patient. Examples of products include edibles, tinctures and ointments. 3. An optional premises cultivation operation license. This is a license that can only be issued to either a medical marijuana center or a medical marij uanainfused products manufacturer for a location in which the licensee is authorized to grow and cultivate medical marijuana. o Should the City adopt a vertical integration model for medical marijuana centers? Under the vertical integration model, all cultivation activities under an optional premises license would be required to occur at or immediately adjacent to the location of the medical marijuana center licensed premises. The primary purpose of this regulatory model would be to assist the City in enforcing the Colorado Medical Marijuana Code requirement that medical marijuana centers grow a minimum of70% of the medical marijuana that they sell at retail. In addition, under this model, no medical marijuana center could obtain a City license unless the applicant also obtained an optional premises cultivation operation license for an adjacent parcel. This type of model could limit the number of medical marijuana centers operating in the City. The City of Lakewood currently operates under this type of velnca! integration model. One alternative to the vertical integration mode! includes allowing optional premises medical marijuana cultivation operations to be in separate and non-adjacent facilities from medical marijuaua center locations. One purpose for this is that land use impacts from cultivation operations may include additional electrical power usage, -3· i L I· I i I t I I. I I I· I significant water use, chemicals aud odors associated with growing plants. These types of impacts are typically not conducive to retail locations. o If the City adopts a vertical integration model. what is the appropriate zoning for those businesses? Community Development Staff proposes that vertically integrated medical marijuana businesses be allowed as a use by right in the City's Cl (light commercial) and I (industrial) zone districts. The Police Department supports keeping medical marijuana businesses in the City's Cl districts for reasons of safety and enforcement. o If the City does no/adopt a vertical integration model. what is the appropriate zoning for medical marijuana businesses? Community Development Staff and the Police Department Staff agree that if the City does not adopt a vertical integration model, relail medical marijuana centers should be allowed as a use by right in the City's CI (light commercial) district and that optional premises cultivation operations and medical marijuana-infused infused products manufacturers should be permitted in the City's I (industrial) zone district. o Does Council want to reduce or eliminate the Colorado Medical Marijuana Code's default provision that prohibits medical marijuana businesses from operating within 1000 feet of certain locations? The Colorado Medical Marijuana Code prohibits medical marijuana businesses from operating within 1000 feet of schools, child care facilities or drug treatment and rehabilitation centers. However, it does authorize the City to adopt less stringent distance requirements. Staff previously recommended that the 1000 foot distance limitation be reduced to 500 feet. Maps of the City demonstrating these distance limitations have been attached to this Memorandum. Map A concerns the 500 foot limitation. Map B concems the default 1000 foot limitation. o Does Council want to adopt a provision limiting the distance between licensed premises? The Colorado Medical Marijuana Code authorizes the City to adopt a provision limiting location of the distance between medical marijuana licensed premises. Currently, the City of Lakewood prohibits medica! marijuana centers from operating within three quarters of a mile of another medical marijuana center. Attached to this memorandum is Map C which demonstrates this distance limitation in conjunction with the default 1000 foot limitation described above. As demonstrated on Map C, if both limitations were adopted by the City, the available locations for operating medical marijuana facilities would be limited. As a result, the total number of medical marijuana facilities would also be limited. I I I i.' o Who will serve as the City's local licensing authority? The Colorado Medical Marijuana Code requires all local governments issuing licenses to medical marijuana businesses to name a local licensing authority. Council may designate an administrative office or a division thereof, such as the Tax and Licensing Division of the City Manager's office, as thai local licensing authority. Alternatively, Council may designate a deliberative body, like the City's Liquor Authority, as the locailicensing authority. Staff recommends that Council name the Tax and Licensing Division of the City Manager's office as the City's local licensing authority for the purpose of issuing medical marijuana business licenses. Staff further recommends that Council provide for a hearing officer to be named by the City Manager (as is done with other regulatory matters in the City) to serve as the licensing authority for the purposes of hearing appeals and show cause matters. Although the Liquor Authority has expressed interest in becoming the licensing authority for medical marijuana business, Staff believes that this would make the process less efficient and effective because the requirements of the Colorado Medical Marijuana Code are detailed and technical. As such, a citizen committee is likely unprepared to interpret and apply those requirements without significant staff involvement. Naming an administrative office is preferable because it will be more efficient and cost effective. o How broad or deep should the City's regulations be? With complex regulatory subjects, such as elections and liquor liceuses, some municipalities opt to adopt by reference all or substantially all of the state regulations concerning those subjects in their respective codes. Currently, the City regulates elections and liquor licenses through references to the respective state statutes covering those subjects. This allows the City to regulate those subjects under the extensive state law provisions without the City extending its Code urmecessarily. Does Council favor adopting similar references to state statutes and regulations concerning medical marijuana businesses? The alternative would cousist of a lengthy ordinance that contained language that was largely pulled from state statute. Once these decisions have been made, staff will present a draft ordinance for Council's. consideration, HI. Regulation of the Activities of Primary Caregivers This portion oflhe memorandum concerns the use of property within the City by primary caregivers. Recall, that Amendment 20 to the Colorado Constitution provides patients and primary caregivers with an affirmative defense or exception to criminal prosecution conceming their medical use of marijuana. Medical use is defined in Amendment 20 as the "acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of' medical marijuana. Under Amendment 20, primary caregivers have significant responsibility for managing the wellbeing of their patients and are authorized to grow up to six plants, in various stages of development, for each patient. A patient is permitted a maximum of six plants in varyiug stages of development and a maximum of two ounces of -5· I I marijmma in a usable form. Pursuant to the provisions in c.R.S. § 25-1.5-106(8), a primary caregiver may serve up to a maximum of five patients but may not charge those patients more than the primary caregiver's cost to cultivate or purchase medical marijuaoa. However, the primary caregiver may charge for the cost of providing caregiver services, e.g. grocery shopping, cleaning, etc. This summer, the Police Department and City staff received questions from City residents concerning the use of residential property within the City for clillivation activities of patients and primary caregivers. Recently, the Wheat Ridge officers contacted a resident concerning marijuana plants that were being grown in the backyard of the residence. The resident presented sufficient materials to the officers proving that the resident was a primary caregiver under Amendment 20. As a result of that status, the officers did not take further action. Although Amendment 20 protects patients and primary caregivers from criminal prosecution for the medical use of marijuana, they are not immune from application of the zoning provisions. Thus, the City may adopt some limited regulation concerning marijuana cultivation activities. Currently, under Wheat Ridge Code of Laws § 26-613, as a home occupation, primary caregivers are permitted to use a residential dwelling for cultivation activities as a use by right. To prevent additional unnecessary contacts by Wheat Ridge officers, alleviate neighbor concerns, and for reasons of protecting the public's health, safety and welfare, staff recommends that Council consider adopting a provision in the zoning code that limits marijuana cultivation activities to inside of structures within the City. This limitation would apply equally to optional premises cultivation operators, patients, and primary caregivers. Some other communities have adopted or considered provisions regulating primary caregivers andlor the cultivation of medical marijuana in their communities. Those regulations include: I. Limiting the number of medical marijuana plants that can be cultivated in residential zone districts. 2. Requiring primary caregivers to obtain a municipal license or registration. 3. Prohibiting the number of primary caregivers that can operate from a single dwelling {mit 4. Regulating primary caregivers as home occupations under local zoning code provisions. IV. Conclusion The landscape concerning local and state regulation of the cultivation, sale and manufacture of medical marijuana and medical marijuana-infused products continues to develop. We will continue to follow tbis changing environment and present updates to the Mayor and Council as requested or as necessary to obtain further guidance concerning the City's regulatory position. As always, please let us know if you have any additional questions or concerns. Attachments: I. Summary afloeal govemment ban status 2. MapsA,B,&C ·6-I I I 1 I I I· I I I ! I I ~ . , 0 8 0 0 0 ~ ~ B 0 0 8 ·0 0 8 0 -~~ 0 ~ ~ ~ 88 gg W 0 g~ c~ ~ E 0 ~ , ~ § * ~ u " ~ ~ ~ 8 ~ 0 0 ~ " 8 z @g ~ § gg ~ • W 8::;'" 8 8 .~ z &l~ g~g ~ .0 0 ",,-~ " o. W 8 0 . "Z ~~ 0 ~:: @~~ w 0 0 g ~"'(;; " ~~ " _0 0 ~~ . , " z ~~z • zz ~ z _0 OZ 0 " " • . , " " ~ • " 0 00 • Z zO 0 < z " " .~" , w ~ 0" z , ~g ~z " • ~ Z " 0 w • .~o w " Z •• W ~ ~ :s~ ~ w • rn wo u " 0 " zo 0 0 0 0 ~ rnw • z " ~ ·"w 0 ~j " 9 " w~w 0 < ~< w " 2 2 2 a2 2 . " rnQ t rn ~ a rnw " " ~ w ~~~ 0 ~Ul~ • W "" 0 w "0> " 0" W 2 < ~ Ow W ~ ~ ~~ "2 ~ ~ ~ 0 00 a W ~ " 0 ~~~ " QY; ~ 0 00 (3 <( ....I W ~ .ao iii u Om w • N N 'x X aa • ;;; " "0 0 0: 0 02Z > • " • , , o. ;;: woo I I I I I II I I I I I I I I I I I I I I I I I II I II I I I I I I I ~ 0 0 0 ~ 3 0 8 §g g8 rn 8 ~ og 0 ~~ 8 ~ , ~ogg 0 ~ . ~~ " ~ "" o::~;::~ 1;:8 ~ " 0 0 ·z "" "" 0 • ~ • ~ ~< Zo ,0 2 ~w::EO:: .~ " ~o w '" 2 ~ O. "" 0 • ~~~~ ~ u 0" w ~-"" " 0 a W " • 0< " ~~ ~~ a ~ ~o:ta..w ~~ a W C 00 rn w , >a" 0 0: 0 I I I II I I I I I I I I I 8 8 0 ~~ g 0 0 0 g o. 0 . --l ~'" · " ~ !i ~ ~ ~ ~ ~ 0 0-,,,,-, 0 • ~ z < " ~ • Z Z Z :51:5!;l;§ ~ s ,0 Z ~ W 0 ~ ~ ~ • " • ~ O::::!;Z " " < 2 W ~~:"i~ ~ 0 < (!) ~ uri W , • , W ~ 0 0 w I I I I I II I I I I I Attachment 4 ~ 0 3 w ~ 0 • ,W • .~ o· ,,1' '" MAP 1 Proposed Separations: Medical Marijuana Dispensaries and Other Land Uses Case No. ZOA-09-06 Amendments to Chapter 26, Zoning & Development Code, concerning medical marijuana dispensaries r.'::.~J City of Wheat Ridge Boundary _ Existing Medical Marijuana Dispensaries _ SChOOlS _ Childcare Facilities _ Drug Treatment Centers 1000-Foot Buffer 3/4-Mile Buffer Zone Districts Commercial-One (C-1) Commercial-Two (C-2) Industrial (I) 2,250 2.250 Stale Plane Coordinate Projection Colorado Central Zone Datum: NADB3 PISCLAIMER NOTICE: This is a pictorial representatJon of geographic and demographic information. Reliance upon the accuracy, re~abi1ity and authority of this information is solely requestor's responsibility. The City of lMleat Ridge, in Jefferson County, Colorado -a political subdivision N ! 4,5110 eo, of the State of Colorado, has compHed for its use certain computerized Inform aU on. This information is available to assist in identifying general areas of coocern only. The computerized information provided should only be relied upon with corrobora~on of !he methods. assump~ons. and results by a qualified independent source. The user of this information shan indemnify and hold free the City of Wheat Ridge from any and all liabilities, damages. lawsuits, and causes of ac~on that result as a consequence of his reliance on information provided herein. '" ~ ,.( ? WheatR;!9ge City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033-8001 303.234.5900 Created by Lauren Mikulak, Planner I -2/8/2011 Data S<>UI"ce,: City of"""'eat Ridge, Colorado Department Df Human Services I II I II ~ g m 8. m o 0 Z m Z fu ~ j o 00 ~ :c ::t: I I I I I ~ ~ I I I I I ~ 0 0 0 ~ ~ ~ ~ g • z ~ ~ ~ w g 0 • <" z "w •w W I W ~ I 0 U • 00 I I I Attachment 5 MAP 2 Proposed Eligible Locations: Medical Marijuana Dispensaries Case No. ZOA-09-06 Amendments to Chapter 26, Zoning & Development Code, concerning medical marijuana dispensaries r.~ .. ~J City of Wheat Ridge Boundary Zone Districts Commercial-One (C-1) Industrial (I) 2,250 2,250 State Plane Coordinate Projection Colorado Central Zone Datum: NAD83 DiSCLAIMER NOTICE: This Is a pictorial representation of geographic and demographic Information. Reliance upon the accuracy, reliability and authority of this Information is solely requestor's re sponsibility. The City of 'Nheal Ridge, in Jefferson County, Colorado -a political subdivision N I 4,500 ". of the Stale of Colorado, has compUed for its use certain compuler[zed information. This Information is available to assist in identifying general areas of concern only. The computerized information provided should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shaU indemnffy and hold free the City of VVheat Ridge from any and aliliabili~es, damages, lawsuits, and causes of action thai result as a consequence of his reliance on information provided herein . ... ~j{ ? Wheatl~.ge City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033-8001 303.234.5900 Created by Lauren Mikulak, Planner I -2/8/2011 Data Sources : City olW\eat Ridge, Colorado Department 01 Hum. n Se ,," ~s u, ~ r City of r WheatRLdge ITEMNO:~ DATE: March 14, 201 1 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2011 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11808 W. 44TH AVENUE FROM COMMERCIAL-ONE (C-l) AND COMMERCIAL-ONE WITH USE RESTRICTIONS TO MIXED USE -COMMERCIAL INTERSTATE (MV-C INTERSTATE) AND MIXED USE -NEIGHBORHOOD (MV-N) ZONE DISTRICTS (CASE NO. WZ-IO-09/RV AMERICA) ~ PUBLIC HEARlNG o BIDS/MOTIONS o RESOLUTIONS QUASI-JUDIClAL: ISSUE: o ORDINANCES FOR 1 ST READING (02114/2011) ~ ORDINANCES FOR 2ND READING (03/14/2011) ~ YES City Manager In September of 2010, City Council adopted new mixed use zone clistricts which are intended to create a streamlined development review process, allowing higher density, mixed lise development and with a range of land uses, including residential. This is the first privately initiated zone change to mixed use since adoption of the mixed use zone clistrict regulations this fall. The applicant requests approval of a zone change from C-l and C-l with use restrictions to Mixed Use -Co=ercial Interstate and :Mixed Use -Neighborhood for property located at 11808 W. 44u1 Avenue. The zone change is the first step of the process for approval for redevelopment of this site with mixed use zoning. IT approved and prior to construction of any new structures, a site development plan will be required meeting the standards in the mixed use zone districts. The zone change is reco=ended to be conditioned on approval of a future subdivision plat Case No. WZ-IO-09/RV America Council Action Fonn March 14, 2011 Page 2 PRIOR ACTION: Planning Commission reviewed this request and reconnnended approval with conditions at a public hearing held on January 20, 2011. A motion was made for approval for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation ofthe 1-70 on and off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 4. The evaluation criteria support approval of this request. With the following conditions: 1. The proposed zoning boundary between the two districts is consistent with the A-I zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20' right-of-way be dedicated along the entire frontage of Tabor Street. There were two people in the audience who spoke in opposition to the request. request. FINANCIAL IMPACT: One-time fees for the zone change were submitted for the application. If the property is redeveloped, there could be an advancement of the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The property is 3.5 acres in'size,ahd has frontage on W. 44th Avenue and Tabor Street. There is an existing structure on the northeast comer of the property utilized as a Recreational Vehicle sales office. RV's for sale are displayed on the front portion. The remainder of the site is used for RV storage. Existing zoning In 1993, City COlmcil approved a zone change for the property from RC, Restricted Connnercial, and A-I, Agriculture-One, to C-l. The zoning approval was heavily conditioned allowing unrestricted C-l zoning on the front portion of the property but restricting the rear portion of the property to RV storage only. There have been three prior unsuccessful zone change applications on the property; all were to rezone so that use restrictions on the rear portion were lifted. The most recent land use application was initiated in 2009 for a zone change to Plarmed Connnercial Development and approval of a concept Outline Development Plan. The case was reconnnended for approval by Planning Connnission but denied by City Council. Staff would note that at the City Council public hearing a reconnnendation of approval was made but did not pass due to the requirement for three-fourth' s vote of Council when a zone change is subject to a legal protest. Council Action Form March 14,2011 Page 3 Proposed zoning The applicant is requesting a zone change which would allow Mixed Use Commercial-Interstate (MU-C Interstate) on the northern portion of the property with Mixed Use Neighborhood (MU-N) on the southern portion. Staff s recommendation is that the location of the zoning line be consistent with the location of the A-I zoning line on the property to the east side of Tabor. The MU-C interstate is intended for areas generally within 500' ofI-70, located on major commercial corridors with direct access to 1-70. The MU-N district is appropriate along neighborhood streets and at neighborhood commercial centers. It was established to encourage medium density mixed use development but allow for a more limited range of neighborhoodserving commercial and retail uses, in addition to residential. Changed conditions In November of201 0, the CDOT project was completed which relocated the 1-70 onlofframps from the previous location east of Ward Road roughly 1000' to the the east. The new ramps tie into the north side ofW. 44th Avenue across from the western boundary line of the subject land. This relocation dramatically changes the commercial development potential ofthis property. Allowing additional uses on the rear of the parcel would allow a currently underutilized commercial property to be developed into a tax generating property. Guiding documeuts Envision Wheat Ridge, the comprehensive plan adopted in October 2009, designates the north half of the property as Neighborhood Buffer Area. These areas should be located on the "edges" of neighborhoods to act as buffers between low intensity residential areas and higher intensity commercial corridors. Desired uses in these areas are full scale commercial uses with higher density residential and office. The southern half of the property is designated as Neighborhood and could include owneroccupied single family and high quality multi -family development. West 44th Avenue is designated as Neighborhood Commercial Corridor. The The West 44th Avenue/Ward Road redevelopment area plan identifies desirable land use as community commercial on the front and residential on the rear. The Comprehensive Plan is an advisory document and meant to be taken for general advice in making policy decisions. The designations on the Comprehensive Plan Structure Plan are not intended to be absolute. There are several sections of Chapter 26, including section 112, which applies to the consideration of private zone change requests. The purpose statement provides in part, that if a proposed amendment is not consistent with the Comprehensive Plan, then the request may only be approved if it can be demonstrated that the request is justified because of changed or changing conditions in the area or in the city in general. Council Action Fonn March 14, 2011 Page 4 Staff has concluded that because the MU-N zoning allows a variety of residential development, the request is consistent with both of the Comprehensive Plans. Staff further concludes that the proposal also meets several other goals and policies of the Comprehensive Plan and Neighborhood Revitalization Strategy, including the broader mission of the City to be "open for business". The application has been through a standard City and outside agency referral process. Upgrades will be required at the expense of the developer upon future redevelopment of the property. Tabor Street abutting the property is only 20' wide. Public Works has requested a 20' right-of-way reservation for the length of the property to accommodate future traffic improvements to Tabor Street. RECOMMENDED MOTION: "I move to approve Council Bill No. 03-2011, an ordinance approving the rezoning of property located at 11808 W. 44th Avenue from Commercial-One (C-I) and Commercial-One (C-I) with use restrictions to Mixed Use -Commercial Interstate (MU -C Interstate) and Mixed Use -Neighborhood (MU-N) zone districts on second reading, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 03-2011, an ordinance approving the rezoning of property located at 11808 W. 44th Avenue from Commercial-One (C-I) and Commercial-One (C-I) with use restrictions to Mixed Use -Commercial Interstate (MU-C Interstate) and Mixed Use -Neighborhood (MU-N) zone districts for the following reason(s) " REPORT PREP AREDIREV.IEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: I. Council Bill No. 03-2011 2. PC Report with exhibits 3. PC Minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER LANGWORTHY Council Bill No. 03 Ordinance No. ----::-___ -Series of 2011 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11808 W. 44TH AVENUE FROM COMMERCIALONE (C-1) AND COMMERCIAL-ONE WITH USE RESTRICTIONS TO MIXED USE-COMMERCIAL INTERSTATE (MU-C INTERSTATE) AND MIXED USE NEIGHBORHOOD (MU-N) ZONE DISTRICTS (CASE NO. WZ-10-09!RV AMERICA) WHEREAS, the City ofWhea! Ridge is trying to encourage mixed use zoning and development; and WHEREAS, the zoning and development code was recently modified to add four new mixed use zoning districts; and, WHEREAS, Michael Pharo on behalf of RV America has submitted a zone change application to Mixed Use-Commercial Interstate and Mixed-Use Neighborhood for property located at 11808 W. 44th Avenue; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on January 20, 2011 and voted to recommend approval of a rezoning of the property to be rezoned to Mixed-Use Commercial Interstate and Mixed-Use Neighborhood. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Mike Pharo for RV America, approval of a zone change ordinance for property located at 11808 W. 44th Avenue from Commercial-One (C-1) and Commercial-One (C-1) with use restrictions to Mixed Use -Commercial Interstate (MU-C Interstate) and Mixed Use -Neighborhood (MU-N) zone districts, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, the following zone changes are approved. MIXED USE -INTERSTATE COMMERCIAL (MU-C INTERSTATE): The northern 250' of the parcel described below shall be zoned MU-C Interstate. MIXED USE -NEIGHBORHOOD (MU-N): The southern 228' of the parcel described below shall be zoned MU-N. LEGAL DESCRIPTION FOR ENTIRE PARCEL: THE EAST ONE-HALF OF THE NORTH ONE-THIRD OF LOT 11, LEE'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE Attachment 1 RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHLINE OF THE NORTHEAST QUARTER OF SECTION 20 ASSUMED TO BEAR S89'09'18"W. COMMENCING AT THE EAST QUARTER CORNER OF SECTION 20, THENCE S89'09'18"W A DISTANCE OF 674.37 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, THENCE NOO'50'42"W, 118.00 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AT RECEPTION NO. 93127939 BEING THE TRUE POINT OF BEGINNING; THENCE S89'23'27"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; THENCE S86'48'38"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT11; THENCE NOO'24'47"W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 11 AND THE SOUTH RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE N89'13'26"E ALONG THE NORTH LINE OF SAID LOT 11 AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 321.90 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF TABOR STREET; THENCE SOO'24'47"E ALONG THE WEST RIGHT-OF-WAY LINE OF TABOR STREET, A DISTANCE OF 478.93 FEET TO THE TRUE POINT OF BEGINNING. Section 2. Vested Propertv Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant tothe provisions of Section 26-121 of the Code of Laws of the City of Wheal Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall no! affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheal Ridge, which are in existence as of Ihe date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of February, 2011, 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 March 14,2011, at 7:00 o'clock p.m., 'In the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 14th day of March, 2011. SIGNED by the Mayor on this ___ day of ________ , 2011. ATTEST: Michael Snow, City Clerk 1st publication: February 17, 2011 2nd publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to form by City Attorney Gerald Dahl, City Attorney I I ~ -~.,. City of ~~X1heat~dge ~OMMJNrlY~DEVELOPMfNT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCA TION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE SITE Planning Commission WZ-IO-09/RV America January 20, 2011 WZ-1O-09/Mike Pharo for Hari Sach (RV America) Approval of a zone change from C-I and C-l with conditions to Mixed Use -Co=ercial Interstate and Mixed Use -Neighborhood 11808 W. 44th Avenue Had Sachanandani 3.5 acres Unrestricted C-l (northern one-third), restricted C-I (southern two-thirds) Neighborhood Buffer/Neighborhood Co=ercial COJTidor/N ei ghborhood CASE FILE & PACKET MATERJALS DIGITAL PRESENTATION ATTACHMENT 2 1 All notification and posting requirements have been mel; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a zone change from C-l and C-l with use restrictions to Mixed Use -Cornrnercial Interstate (MU-C Interstate) and Mixed Use-Neighborhood (MU-N). The zone change is the first step of the process for approval for redevelopment of this site. If approved and prior to constmction of any new structures, a site development plan will be required meeting the standards in the mixed use zone districts. The zone change is recommended to be conditioned on approval of a future subdivision plat. The property is comprised of three parcels. For the pLUpOSes of this land entitlement process, the address of 11808 W. 44th A venue is being used. The legal description for publication purposes included all three parcels. (Exhibit 1, Applicant letter) II. EXISTING CONDITIONSIPROPERTY mSTORY The property is 3.5 acres in size and has frontage on W. 44th Avenue and Tabor Street. There is an existing structure on the nortbeast corner of the property utilized as a sales office. RY's for ale are displayed on the front portion. The remainder of the site is used for RV storage. A 6' high brick and wooden fence mns along the Tabor St.reet frontage. Six foot high chain link fencing is in place along the west property line with a 6' high wooden fence along the south. A chain link fence with gate also runs behind the structure securing the vehicles being stored in the rear. The remainder of the property is devoid of any buildings. The rear parcel has a road-based surface. There are three existing curb cuts to 44th Avenue; however only the center one is currently being used. In 1993, City Council approved a zone change from RC, Restricted Commercial, and A-I, Agriculture-One, to C-l on the three subject parcels of property, identified as Parcels A, B and C (Exhibit 2, survey plat) The zoning approval was b.eavily conditioned including the requirement for construction of a decorative fence, closure of curb cuts on 44th and use restrictions on Parcel B. Tbe front two pieces of propelty have umestricted Commercial-One zoning but Parcel B, wbile zoned C-l , is restricted to RY storage only. (Exhibit 3, 1993 exhibit) There have b een three prior unsuccessful zone cbange applications on the property; all were to rezone so that use restr'ictions on the rear were lifted. The most recent land use application was initiated in 2009 for a zone change to Planned Co= ercial Development and approval of a concept Outline Development Plan. The case was reco= ended for approval by Planning Commission but denied by City Council. Staff would note that at the City Council public hearing a recommendation of approval was made but did not pass due to the requirement for three-fourth's vote of Council when a zone change is subject to a legal protest. (Exhibit 4, Planning Commission minutes; Exhibit 5, City Council minutes) Planning Commission WZ-IO-09/RV America 2 m. PROPOSED ZONING Background In September of2010, City Council approved legislation adopting new mixed use zone districts. Prior to that, the only provision in the code for mixed use development was the Planned Mixed Use distJict (PMUD) requiring a site development plan (concept ODP and specific ODP). This presented challenges to applicants as the planned development approval process is lengthy, unpredictable and expensive, taking around six months without certainty of the outcome. The intent for adoption of the new mixed code was to provide a clear predictable and streamlined development process which would establish general development parameters, allowed uses, setbacks and building heights without providing a site plan level of detail. Once rezoned through a public hearing process, the review process for construction would be adrninistrati ve. The applicant is requesting a zone change which would allow Mixed Use Comrnercial -Interstate (MU-C lnterstate) on the northern portion of the property with Mixed Mixed Use Neighborhood (MU-N) on the southern portion. Staff's recommendation is that the location of the zoning line be consistent with the location of the A-I zoning line on the property to the east side of Tabor. See map inserted below. Planning Commission should note that it is customary, but not required; to have zoning lines follow property lines. If approved, Staff will require a condition that a subdivision plat be prepared and processed removing the current lot lines and establishing a new lot line coincident with the zoning line. In order do accomplish this; the zone change ordinance will not become effective lmtil the plat memorializing the new lot configuration is approved. While not customary, this concept has been reviewed and approved by the City Attorney. Planning Commission WZ-1O-09/RV America 3 The followmg is a synopsis of the two proposed zone classifications: Mixed Use -Commercial Interstate (MU-C Interstate) The MU-C interstate is intended for areas generally within 500' of I-70 located on major commercial corridors with direct access to I-70. It permits a wide range of land uses and encourages quality, higher density, mixed use development. Mixed Use -Neighborhood (MU-N) The MU-N district is appropriate along neighborhood streets and at neighborhood commercial centers. It was established to encourage medium density mixed use development but allows for a more limited range of neighborhood-serving commercial and retail uses, in addition to residential. The following matrix designates uses and development parameters for the two zone districts. Development parameter Building height Setbacks/landscape buffers Minimum side Minimum rear Min. side and rear adj. to residential Development adjacent to residential (parking lot buffer) Required open space Uses Single family/duplex Multi -family Community/Community/public buildings Banks with drive-through Restaurants Restaurant with drive-through Gas stations Uses with outdoor storage Retail sales -up to 20,000 s.f. Retail sales -up to 60,000 s.f. Office Architectural standards Planning Commission WZ-1O-09/RV America MU -C (Interstate) MU-N 8 stories (118') -mixed use 35' -for residential use bldg. 50' -all other buildings 6 stories (90') -single use bldg 0' 0' 5' 5' 1 -2 story building = 10' 1 -2 story building = 10' 3 story building = 15' 3 story building = 15' 4 story or higher = 20' 4 story or higher = 20' 6' buffer with 6' screen (fence 6' buffer with 6' screen (fence or upright landscaping) or upright landscaping) Mixed use = 10% Mixed use = 10% Single use = 15% Single use = 15 % Not penni tted Permitted Permitted Permitted Permitted Permitted Conditional Use Conditional Use Pennitted Pennitted Conditional Use Conditional Use Conditional Use Conditional Use Not penni tted Not permitted Permitted Permitted Permitted Conditional Use Permitted Permitted Fa<;:ade articulation Fa<;:ade articulation Material variation Material variation Transparency requirements Transparency requirements Build-to lines Build-to lines 4 IV. GUIDING DOCUMENTS The following documents are to be used for guides when considering zone changes. COMPREHENSIVE PLAN: Envision Wheat Ridge -adopted October 2009 North half of property designated Neighborhood Buffer Area (brown color): • Located on the "edges" of neighborhoods • Meant to act as a buffer between low intensity residential areas and higher intensity co=ercial corridors • Mix of small scale co=ercial uses with higher density residential, office and co=ercialuses South half of property designated Neighborhood (yellow color): • Consistent character -single family with high quality multi-family • High rates of reinvestment and home ownership, consistent maintenance • Originally shown as neighborhood Buffer Area -modified due, in part, to neighborhood input W. 44th Avenue designated as Neighborhood Commercial Corridor (pink dotted) • Properties on corridor contain a broad mix of activities including retail, co=ercial businesses, and residential. • Meant to supply the daily services and needs of of adjacent residential. Site NEIGHBORHOOD REVITALIZATION STRATEGY -adopted 2005 • Identified strategies for the city to become a "CO=Llnity of choice". • Goal for Wheat Ridge to be competitive with adj acent jurisclictions by upgrading housing stock, developing W. 44th Avenue into a destination corridor and targeting underutilized co=ercial properties for redevelopment. Planning Commission WZ-ID-09/RV America 5 FRUITDALE SUBAREA PLAN -adopted 2007 • While Dot officially located within the subarea plan, this property lies adjacent to the boundary of the subarea. • Property is shown as being adjacent to a commercial node with specific land use designation of commercial on the northern two-thirds and single family on the southern one third URBAN RENEWAL PLAN: W. 44th Avellne!Ward Road redevelopment area -adopted October 2001 • Identifies desirable land use as community commercial on the front and residential on the rear V. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone cbange criteria outlined in Section 26-112.D.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in errOl:; There is not a mistake on the official city maps. The property is zoned Commercial-One and Commercial-One with use restrictions. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, The western portion of the city has the potential for the development of a major commercial node due to the constntction on the Cabela's annexation properties beginning in early summer. To facilitate constrLlction of the Cabela's store and surrounding development, many of the infrastrnctnre improvements associated with the project have been built. Those improvements include the widening and improvement of Youngfield Street, construction of the W. 40'h Avenue/I-70 undelpass from Youngfield and the relocation of a portion of the Clear Creek greenbelt trail. There have also been improvements funded by CDOT for the construction of interohange movements between State Highway 58 and 1-70. The 1-70 on/off ramps have been relocated from the .frior location east of Ward roughly 1000' to the east. The new ramps tie into the north side of W. 44 Avenue across from the western boundary line of the subject parcels (Exhibit 6, ramp location; Exhibit 7, ramp design) This relocation dramatically changes the co=ercial development potential of this propelty. Allowing additional uses on the rear two-thirds of the subject land would allow a currently underutilized commercial property to be developed into a tax generating propelty. Sales tax collected from the sales ofRV's is attributed to the comnmnity where the buyer resides; therefore there is mi.n.i.mal economic benefit from the sales of RV urness the buyer resides in Wheat Ridge. West 44!h Avenue is designated as a collector street and carries over 13,700 vehicles per day (2006 count). Tabor Street to the north of 44!h i designated a minor collector and carries around 3000 vehicle trips per day (2004 count). Tabor Street is the only connection across 1-70 between Ward and Kipling and will eventually tie into the Goldline transit station to the north. It is likely that with the changes in the area and construction construction of a new co= ercial project, a lighted intersection at 44'h and Planning Commission WZ-1O-09/RV America 6 Tabor could be warranted. If the warrants are met as a result of a specific future development proposal, the owner will have to participate financially to the cost of the light. Tabor Street to the south of 44th Avenue is 20' wide, substandard to the local street standard of 50'. Public Works is requesting a future right-of-way dedication of 20' to accommodate future development of the property with access to Tabor upon platting. The dedication should extend the entire length of the property. If access is being requested off Tabor Street, the installation of public improvements will be required at the time of development. A traffic impact analysis will be required upon application for a site plan which may require modification to the existing curb cuts into the property. With the ramp construction, all accesses to 44th Avenue will be right-inlright-out due to installation of a median the entire width of the property. Staff concludes that this criterion has been met. The Planning Commission shall also find that the evidence supports the finding of at least foul' of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; Envsion Wheat Ridge designates the north half of property as Neighborhood Buffer Area, the intent of which is to provide a mix of small scale commercial uses with higher density residential, office and commercial uses. The south half of property is designated Neighborhood which is intended to provide single family homes with high quality multi-family. West 44th Avenue is designated a neighborhood commercial corridor and property directly north is designated mixed use commercial. As noted on the structure plan, land use categories depicted on it are intended to show the general location of future land uses and not intended to represent precise boundaries. The property is also located within the W. 44th AvenueIWard Road redevelopment area. The Urban Renewal plan identifies desirable land use as community commercial on the front and residential on the rear. This plan was adopted in October of 2001. The Urban Renewal Authority is reviewing the proposal on January 18. Results of their discussion will be provided at the Planning Commission hearing on January 20. Staff concludes that both of these documents did not acknowledge the existing commercial zoning on the rear of the property which has been in place since 1993. However, because the MU-N zoning allows a variety of residential development, staff concludes that the request is somewhat consistent with both of these documents Staff further concludes that the proposal also meets several other goals and policies of the Comprehensive Plan and Neighborhood Revitalization Strategy, including the broader mission of the City to be "open for business". The Comprehensive Plan is an advisory document and meant to be taken for general advice in making policy decisions. There are several sections of Chapter 26, including section 112, which applies to the consideration of private zone change requests. The purpose statement provides in part, that if a proposed amendment is not consistent with the Comprehensive Plan, then the request may only be approved if it can be demonstrated that the request is justified because of changed or changing Planning Commission WZ-10-09/RV America 7 conditions in the area or in the city in general. As discussed above, staff clearly feels that changing conditions in this vicinity merit approval of the zone change request, as do the guiding document. Staff concludes that this criterion has been met. b. The proposed change of zone is compatible with the sunounding area and there will be minimal adverse impacts considering the benefits to be derived; Land use to the east include a lumber yard zoned C-l adj acent to the northern half of the property with single family residential zoned A-I adjacent to the south half. An office/warehouse abuts the property to the west. Because this property was origin all y approved for tire servicing on semis, a portion directly to the west of site is zoned C-2. Tabor Lake also abuts the property to the southwest. To the north is a fruit market/grocery store zoned C-l, vacant property zoned A-I acquired by CDOT and a self storage facility being displaced by the new I-70 on and off ramps. Property to the south is single family residential zoned A-I. This property has been zoned and used commercially since 1993. Care must be taken at the time of site plan approval for the use of upgraded buffering to minimize impacts to existing homes to the east and south. Staff concludes that this criterion has been met. c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; Staff concludes that there will be economic benefits derived from the zone change as the property is currently tmderutilized. The additional uses will allow the property to develop into a tax generating commercial use. This is particularly likely with relocation of the 1-70 onloff ramps, the construction of which were completed in November. Staff concludes that this criterion has been met. d. Adeqnate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; All agencies can serve the property with upgrades to infrastructure at the time of development. Staff concludes that this criterion has been met. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; Planning Commission WZ-IO-09/RV America 8 The height limitation for residential uses on the rear portion is limited to 35' which is consistent with the residential and agricultural height limitation. Traffic impacts, drainage and buffering for the adjacent residential will be analyzed at the time of submittal of a site plan. Staff concludes that this criterion has been met. 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. As there are no structures proposed for the property at this time, the commercial/multi-family design standards in the Architectural and Site Design Manual (ASDM) are not applicable. The design standards in the mixed use zone district supersede the ASDM. Staff concludes lhat this criterion is not applicable. IV. NEIGHBORHOOD MEETING The required pre-application meeting for neighborhood input was held on October 14, 2010. There were two persons from the neighborhood in attendance. (Exhibit 8, Neighborhood meeting recap) V. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any ueeded upgrades to accommodate the proposed development. Specific referral responses follow. Arvada Fire Protection District: Upon further development, additional looped water lines and fire hydrants may be needed. Additional access may be needed from Tabor to the rear of the property. Will review at the time of site plan application for fire access, water supplies and hydrant locations. Colorado Department of Transportation: Upon redevelopment, CDOT recommends closure of unused access points to 44th Avenue. Valley Water District: Can serve the property. Additional looped water main lines, fire hydrants and fire sprinkler lines may be needed to serve the property. Each building will require a separate water tap. Xcel Energy: Has existing electric distribution and gas distribution facilities within the zoniug area. Has no objections to the zone change contingent upon maintain all existing rights. Will assess service at time of site plan application . Wheat Ridge Public Works: Due to the inadequate right-of-way for Tabor, a 20' right-of-way dedication along the entire eastern frontage of the propelty will be requested at the time of platting. Access points to 44th Avenue and Tabor will be asses upon submittal of traffic report with a futme specific site plan proposal. Wheat Ridge Police: No concerns with crime or traffic. Planning Commission WZ-IO-09/RV America 9 Wheat Ridge Urban Renewal Authority: A recommendation will be provided at the January 20 public hearing. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the rear portion of the property is currently underutilized. Staff further concludes that there are changing conditions in the area which will dramatically impact the commercial viability of the property. Because the zone change evaluation criteria support the request, Staff recommends approval of Case No. WZ-I 0-09. VII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-lO-09, a request for approval of a zone change from C-l and C-l with use restrictions to Mixed Use -Commercial Interstate and Mixed Use -Neighborhood for property located 11808 W. 44th Avenue forthe following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the 1-70 on and off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 4. The evaluation criteria support approval of this request. With the following conditions: 1. The proposed zoning boundary between the two districts be consistent with the A-I zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20' right-of-way be dedicated along the entire frontage of Tabor Street. Option B: "I move to recommend DENIAL of Case No. WZ-1O-09, a request for approval of a zone change from C-l and C-l with use restrictions to Mixed Use -Commercial Interstate and Mixed UseNeighborhood for property located 11808 W. 44th Avenue for the following reasons: 1. 2." Planning Commission WZ-IO-09/RV America 10 Michael G. Pharo Associates, LLC May 21, 2010 Mr. Kenneth Johnstone, Community Development Director 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Re: RV America-l1,800 West 44th Avenue Dear Mr. Johnstone: This letter is a follow-up to our most recent conversation, and all the conversations we have ['lad in the last few months. Ow' purpose is to document the reasoning behind our continued request to make Mr. 8ach's-propecty more marketable and to detail the options we have discussed to accomplish tIus. The current status of the RV America property is that tile northern portion is zoned C-l while the majority of the property to the south can only be utilized for the storage of recreation vehicles. More specifically, ofthe total property size 00.55 acres, only .86, or 24%, can be utilized for C-l uses. Perhaps more significant in the marketplace, the C-l portion is configured with 300 linear feet contiguous to West 44th Avenue while the parcel is only 125 feet deep. This is not _ conducive to contemporary development for a freestanding use on the property. Based on my recent experience, retail uses that might be appropriate for the property require depths of250 to 300 feet. Most require larger parcels as well. Banks require 1.5 to 2.0 acres; sit-down restaurants such as a Texas Roadhouse or Vil lage Inn require 1.5 to 2.0 acres; hotels require 1.5-acre minimum-most need 2.0 acres or more; fast food restaurants require 1.0 to 1.2 acres. Office or general retail users need every bit of the 3.5-acre site if any economies of scale or synergistic atttibutes are to be obtained. We believe there are at least three reasons why a rezoning of this property is appropriate. • Mr. 8ach needs to consolidate his business. The current economy has had its effect on the recreation vehicle industry. The question obviously becomes, of what use is a property in the marketplace if it can only be primarily utilized for the storage of recreation vehicles? We believe a rezoning to allow more variety in the allowable uses is warranted. • Notwithstanding at least one City councilman's comment, we believe the current reconfiguration of the West 44th AvenuelI-70 interchange has a dranlatic affect on the property, those around it, and perhaps much of West 44th Avenue. The marketplace always recognizes such dramatic changes to the'vehicular access patterns in an area. This recognition will occur in time but it may be delayed due to the ClUIent economic conditions. 7777 South Depew EXHIBIT 1 303-783-3772 2 • The City appears to be addressing the potential for commercial development or redevelopment in many areas and is in the process of assisting property owners in that effort. Your department, the City's economic development personnel, the Planning Commission and City Council, as well as some private groups have been focused on this for some time. This landowner, this property and the City's desire to promote commercial activity seem to indicate that something positive for all could occur. As I have mentioned, we are somewhat gun-shy when it comes to knowing how to proceed. Our previous attempt to rezone the property was not approved by City Council for reasons never fully explained. We thought we had provided a very good zoning document. • It conformed to the City's sl~bm.ittaJ requirements. • It included substantial design and developinent requirements in recognition of the existing single-family neighborhood. • It allowed for adequate flexibility in the marketplace while requiring specific design and development attention for the end user. • The submittal had the positive recommendation of your department. • The submittal had a unanimous recommendation of approval from the Planning Commission. The City Council seemed to hold us responsible for historic actions in the City that clearly predated our submittal and perhaps Mr. Sach's ownership of the property. There was no aclmowledgement that the Cotmcil understood that they retained final approval for the property when the end user submittal could be made. There were numerous subjective comments made, many after the public hearing was closed therefore excluding any type of applicant response to facts or alternative lmderstandings. The one objective issue relates to compliance with the Comprehensive Plan. However, ifthis were a valid issue, I would have thought we could have been offered the option of designating the southem portion of the property as single-family residential to the exclusion of all other uses. "Residential" as an allowable use as proposed in our submittal was apparently not recognized by Council. We are left with how to proceed. We have discussed several options including the following: • We could rezone the property with minor modifications to the last submittal. This would have more appeal if we knew what to modify. We could limit the allowable uses, provide a stronger transition to the single-family area, or leave a portion along the southern property line for RV storage. We just do not have direction as to what would be required or supported by Council. • We could rezone the property with major modifications to the last submittal. This might include leaving the southern one-third of the property as RV storage, or perhaps as openspace. This would provide a proper depth of the C-I parcel (approximately 300 feet) to meet more market requirements. Meredith Reckert's 3 thought about providing a gateway to the openspace to the south/southwest may have merit. Components of this area could include a vehicular turnaround, parking and openspace access. What entity would acquire and develop this parcel, and in what manner the parcel would be acquired, may take some investigation. • The new zoning ordinance may have applicability to this property, and perhaps to more of the West 44th A venue corridor. There may have to be some work done since the current direction of the new ordinance is more oriented to neighborhoods and the West 38th Avenue and Wadsworth Boulevard corridor as opposed to the West 44th Avenuell -70 interchange conditions. We continue to appreciate your support and direction in this matter. We can provide drafts of a new submittal at any time; we continue to request a work session with Council, if possible, to resolve some of these items and to get a better understanding of what !J1ay be possible. "'Ie believe this continues to be a telTIfic opportunity for the the City to assist a respected businessman in the community to achieve what both he and the City desire-a positive commercial redevelopment situation in Wheat Ridge. Mi hael G. 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(Mf tlIOI'tl)tl'.1.U"S ~ ~~0I"n.-VSlI~1(£!MxtOf' N<&~n-: ~=Rnn.tlPJlll.O#'.C;~f' JV"VI~n"-1"f O£coc~ """'C MMQ!m(IUrnTDF"iI1'.:u.Jr 1'200'\0' 1I.E1ct,., n.! 1'\'t$t:lOfU1 ~pJ:U'1'l\II!BIl .50fWntf'llOf.1.Ll'3 ~C;OI.HT'" 0# ~1tT ... nOlc~ l)RA.\lH· ~~" cHEO:c:th o,t; • JDT' 1 -~rs,Kf:r;1 I"" \ I :-<;" EXHIBIT 3 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no One present to address the Commission. 7. PUBLIC HEARING .~ A. Case No. WZ-09-03: An application ftied by RV of a zone change fTOm Commercial-One and conditions to a Planned CommerciallJe'veJ(lt: outline development plan for property Prior to presentation of the case, Comnlis"i~ he;-self from hearing the case because gain monetarily from approval. The At this point, Commissioner RFtThfKl\ilP,J'; Meredith Reckert was sworn documents into the record hear the case. request. ~:opose:d 1-70 access ramp. relocation, »:g"c01JlIIlen;ial uses on the subject propeliy redevelopment information may subject property could be found in compliance and Ward Road Redevelopment Plan. Staff and with conditions, as contained in the staff asked if approval would cause RV America to go out of explained the pr.esent use could continue lmtiI a final dc'velop:mentJiFfam is approved. a,nd a building permit issued. In response to concern expressed by Conimissioner HOLLENDER about allowing gas stations, Ms.·Reckert conunented that the use was proposed to be allowed because the location would be very good for gas sales with it's proxinlity to the new ramps.. . In response to a question from Commissioner REINHART, Mr. Westberg explained that the 20 foot right,of-way reservation for the west side of Tabor Street would allow the new public improvements to line up with the public improvements on Tabor north of 44tJi Avenue. If the property on the east side of Planning Commission Minutes June 18,2009 EXHIBIT 4 Tabor were ever redeveloped, an additional ten feet would probably be requested to make a full 50 feet of right-of-way_ By reserving right of way the entire length of Tabor to the southem property line, it would give flexibility for future development. It would only be widened if necessary to accommodate development of the property. Commissioner HOLLENDER expressed concem that the requirement for a 20 foot setback from the eastem property line could allow a adjacent to the Tabor Street right-of-way line. Meredith Reckert language should be changed to say the setback is from westem end Mike Pharo Land planning consultant for property Mr. Pharo and Mr. Sach were swom in that he was not opposed to the COlldltl?M list of pennitted land uses. He was Op]:105O reservation because he believed it amounts the possibility that a road be built. Tabor south of any new the He showed three different _ Ms. Tipton was representing her subject property. She stated that neighborhood to the south of the Plan shows there should should be houses north of i?'t'eli,eve:d commercial development would was opposed to widening the street because it neighborhood. commented that twenty feet would allow business the street adjacent to the property rather than going down neighborhood. In response to a question froni Commissioner HOLLENDER, Ms. Tipton said she believed that duplexes on the southern end of the property would also reduce neighborhood property values. Ron Markow Mr: Markow was swam in by Chair REINHART. Mr. Markow agreed with Ms. Tipton's comments and expressed opposition to the plan. He wanted the southern portion of the subject property to be zoned residential and buildings on the northern portion to be limited to one story in height. Planning Commission Minutes 3 June J B, 2009 George Isquitll Mr. Isquith was sworn in by Chair REINHART. He was opposed to the plan and didn't believe there was any need for change from the present situation with the RV sales business in front and RV storage on the southern end. Margie Brown Ms. Brown was sworn in by Chair REINHART. She stated that she is married to George Isquith. She expressed opposition to commercial of the subject property. Chair REINHART asked ifthere were others Commission. Hearing no response, he closed Commissioner HOLLENDER stated commenting that the RV business is Because this area is near a major intlerchai be an improvement over what presently property because of high crime He was also opposed to a 20 property. times. would )lol:el-mcltel use on the in Wheat Ridge. LllC."""JWIOlll boundary of the expres~ ~hope that a final development plan ith Commissioner DIETRICK. The land owner make it as marketable as possible. At the same 'reslde·nts nearby to not destroy the character of their he was not convinced about gas station use because use and could possibly contaminate water supplies. !l0'l.'D.h.£U stated that he is always uncomfortable when a plan doesn't Comprehensive Plan. However, revitalization of the site would be an improvement if neighbors are adequately protected. He didn't believe that the public interest would be served by asking more right-of-way to extend the road beyond what a reasonable entrance to the site would be. At the request of a citizen, Ch!lir REINHART re-opened public hearing. Doris Meakins Ms. Meakins expressed concern about status of her water rights if the land is developed. Mr. Westberg explained that existing water rights are well protected. PlaJming Commission Minutes 4 June 18,2009 A ditch may be relocated on a property; however the function of the ditch cannot be impeded. Chair REINHART closed public hearing. Commissioner HOLLENDER encouraged residents to stay involved 'l1rroughout the process as more specific plans are developed. It was moved by Commissioner HOLLENDER Commissioner D"WYER to recommend 3011rnval request for approval of a zone change from to Pla.nned Comme'reial Development and Development Plan for properly located ~1ii'!!Cl8 followmg reasons: 1. 2. 3. 1. 2. 5. 'sp"cil'yirlg that drive-through removed from tbe list of permitted "At the time of specific ODP submittnl, . win be required which may necessitate points shown on this document." in conforman~e with item '4 of the Public Works May 4, 2009. offered a friendly amendment to remove Use ~ No. 34 from list of permitted laijd u~es. The amendment was accepted by Commissioner HOLLENDER and DWYER. The motion passed 5-0 with Commissioners BRINKMAl'l, CHILVERS and TIMMS absent. (The meeting was recessed at 8:40 p.m. and reconvened at 8:50 p.m.) (Commissioner BRINKMAN returned to the dias at 8:50 p.m.) B. Case No. ZOA-09-02: ' An ordinance amending Chapter 26 pertaining to residential development standards. Planning COIDIl).ission Minutes 5 June 18, 2009 CITY COUNCIL MINUTES: August 24, 2009 Page -4-PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Council Bill 16-2009 -An Ordinance providing fo r a zone change from C-1 , Commercial-One, and C-1 , Commercial-One with use restrictions, to Planned Commercial Development and for approval of an Outline Development Plan on property located at 11808 West 44th Avenue, Wheat Ridge, Colorado. (Case No. WZ-09-03 -RV America) Mayor DiTullio opened the public hearing. Council Bill 16-2009 was introduced on second re"ding by Council Member f"f Langworthy. City Clerk Michael Snow assigned Ordinance No. 1447. DR~' \ Mrs. Reckert presen ted the staff report. Mrs. Reckert entered info record three letters of protest submitted by owners of plots adjacent to the property in question (amended to this packet) and declared that these letters do provide for sufficient Legal Protest of the requested rezoning. Thus, this rezoning will require a 3;1i vote of approval by the Council. Mike Pharoh, representing the owner and applicant, RV America, believes the planned COOT changes to the area and the potential economic impacts to the marketability of the property are a critical consideration in the benefits of this proposed rezoning. To th is point, he emphasized th at the Recreation Vehicle market has been hit hard by economy and if ihe RV America Company fails in this location, the current zoning of the property is not conducive to any other lIses. Diane Tippon lives South and adjacent to this property and is opposed to the proposed rezoning. She doesn't be'[ieve the area has the potential or means to be a strong future retail section of the City, but would be better planned for future residential and recreational development that utilizes the open space and Clear Creek Trail system behind the property. Mrs. Tippon also believes this rezoning and potential for expanded retail and commercial development will only decrease the value of the res idential properties already there. Ron Markow is opposed to this rezoning and wou ld rather it be be rezoned back to A-1 as it once was. He believes the proposed rezoning threatens the prized rural atmosphere of the community. Janice Thompson believes the rezon ing to C-1 years ago was a mistake in that it interferes with a significant re sidential area and the planned uses in the Comprehensive Plan. Because of this, she believes all consideration should go to the impacts of the residen ti al neighborh ood. Issues of traffiC, trash, noise, mountain views, landscaping appearance and particular commercial uses such as Restaurants or Hotels should be considered for their impact to the residential area. The Council needs to show that it cares as much for its existing residents as it does for its current and potential business owners. She requested that the Council show they respect home values, the owners' quality of life and the worth of the Clear Creek Open Space in the community by voting No on this proposal. EX...HIBIT 5 /.: CITY COUNCIL MINUTES: August 24, 2009 Page -5-Margie Brown lives on Tabor Street and recogn izes the benefit of a rezoning to the commercial property owner, but all the residential properties adjoining it would lose value. Mayor DiTullio closed the public hearing. Mayor called for a five-minute recess at 9:00; resuming at 9:08pm. Mot ion by Mrs. Langworthy to approve Council Bill 16-2009 (Ordinance 1447) for the following reasons: 1. The rear portion of th e property is cu rrently underutilized. 2. The relocation of the 1-70 on and off ramps dramatically changes the commercial development potential of this property. 3. The evaluation criteria su pport approval of th~ request. With the following condition: . Use number 34 (hotels and motels) be eliminated from the list of perm itted land uses; ~ ~:~o n ded by Mrs. Rotola; failed 6-2 with Council Members Berry and Adams voting L Motion by Mr. Gokey to hear Agenda Item 6 next; seconded by Mrs. Sang; carried 8-0. 6. Council Bill 23-2009 -An Ordinance approving a Gas and Electric Utility Franchise with Public Service Company of Colorado, such Franchise conditioned on Voter approval of the same. Mayor DiTullio opened the public hearing. Council Bill 23-2009 was introd uced on second read ing by Council Member Sang. City Clerk Michael Snow assigned Ordinance No. 1451. Mr. Dahl presented the staff repo rt. Mr. Snow pointed out that though the Franchise is with PSCo, this is not different from the Utility Services from Xcel Energy. With respect to this Franchise with the City of Wheat Ridge, PSCo and Xeel Energy are essentially the same. Rob Osborn of Xcel Energy was present to speak on behalf of the Public Service Company of Colorado and encouraged the Council to approve the proposed Franchise. Mr. Osborn highlighted that the City will benefit from a 3% Franchise fee with this Franchise in place. Mr. Bever has received the numerous notifications and read the proposed Franchise. However, he does not believe it explains exactly what i! means. Mr. Dahl explained ihat such a Franchise is required for a public utility company such as Xcel Energy (PSCo) to provide those services to the City. Our existing utility services today are all operated under the similar Franchise that was put in place by the voters in 1989. This Ordinance refers to the Voters of Wheat Ridge the approval to renew the ,! .. , .-~IjASE 4 1. OPEN NEW EB 1-70 OFF AND ON RI>MPS 2. PLACE CONCRETE ON we 44TH AVENUE RI>MPS WEST OF TA CENTER. TWO AREAS TO ACCOMOOATE we 44TH TRAFFIC MOVEMENT. 3. REMOVE AND PLACE ASPHALT ON EB 1-70 WEST OF EXISTING ON RI>MP. 4iREMOVE EXISTING OFF AND ON RI>MP PAVEMENT. !; li ... , .... -------, ~ .. ,i .. -~--.... ,. .., ,. "" ... \. "~ ..... e···· ,..J.: . ;' .. ' I .~~: '" Department of Transportation 2000 South Holly Street Denver. CO 80222 Phone: 303-512-410~ FAX: 303-757-9059 ERM '! ". . _. . ! __ r,:,:. ___ .!·· .:::, •••.• ... .... , 11 I , 1 'C,.-; As Constructed No Revisions: VOid: . !-j.. ::"t 1"1-it'.! ! CONSTRUCTION PLAN PHASE 4 No./Code 1M 0703-246 EXHIBIT 6 I I I i I i I --\ ~ . . -:.: --\ \ ...;--1\ I I \ . /----------i/) _~j_" --"l-I-.J/~ . ...., -. I I --,-.,.. ).I -"I .... " .... I \ \ I \ \ \ \ \ I ","" 1 _ 0 q-~I Ii J w II I II I I I I I I I I I I I I I I I I I 1 I' \ ,1 I II I I I I I I I I I I I Ii -I I I I I I I I I I I I I I I I I I I I II , :: ~ . .=<LliE '= 1(" h'~---------. --'I : I .. =j<=t,-' =,,=-'.Ii.)~,.,J;';r' 'I :1 'I :1 ',I ,I "" ',---" ----" -----....,..,,,.--y(. ! \ i : I ! .; ,i ~ i : i 1 ! . \ \ ,i -! ,i , ! L,, === ~ '<T 0 r0 w 'b0:: I, ·CD 1<1: :f--I ___ --------, -----------.. ., .. -1 :1---1 II I :J 1 I I I I I I I I I .;!=-'!'\...~.:.---------------------'. __ _ _ __ l\I..or~ ----------' EXHIBIT 7 City of Wheat Ridge Municipal Building 7500 W. 29'" Ave. W1,eat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Date: City Staff Present: Location of meeting: Property location: Applicants: Property owners: Property Owner(s) present? Existing Zoning: Comprehensive Plan Designation: Members of the public present: October 12, 2010 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29th Avenue Wheat Ridge, CO 80033 11808 W. 44th Avenue Hari Sach 11808 W. 44tl1 Avenue Wheat Ridge, CO 80033 888-311-4497 Mike Pharo, owner's consultant Hari Sach 11808 W. 44th Avenue Wheat Ridge, CO 80033 Yes Unrestricted C-I (northern one-third), restricted C-I (southern two-thirds) Neighborhood Commercial Corridor (northern half), Neighborhood (south half) Ron Marckow: 4180 Tabor Street Tim Pratt: 4160 Tabor Applicant's Proposal: The owner ofRV America would like to sell his property. In order to make it more marketable, he would like to rezone the property to broaden the uses allowed. Currently there are use limits and specific use areas on the property that may restrict potential buyers from developing the site for their needs. The uses that are currently allowed on the rear portion of the property are restrictive and essentially limit the property to be used for RV storage. EXHIBITS The applicant is desirous of rezoning the property to MU-C Interstate (Mixed Use -Commercial) on the northern portion and MU-N (Mixed Use -Neighborhood) on the southern portion. Existing ConditiolllS: The propeliy is 3.5 acres in size and is located on the southwest comer ofW. 44th and Tabor st. The adjacent properties along W. 44th are zoned C-J with the exception of a small area on the property to the west, which is zoned C-2. The areas to the south of the propeliy are zoned A-J developed with single family homes and open space. As Tabor St. extends south ofW. 44th Ave., it becomes a street that has not been constructed to the minimum street width. The road's width is that of an alley (20') and provides access to the residential lots to the south ofthe property in question. As Tabor st. extends to the norih ofW. 44th Ave., it is the only street that provides access over 1-70 in between Ward Rd. and Kipling st. There is currently no access to the property from Tabor Street. The following i.ssues were discussed: What is happening with the CDOT project for relocation of ramps and related improvements on 44th Avenue? The new 1-70 on and offramps will be located to the west of Heinie 's Market encompassing most of the Public Storage property. Improvements to 4l" will include widening, installation of curb, gutter and sidewalk and installation of raised medians which will limit access to many of the adjacent properties to right-in/right-out only. The subject property will have no left turn access to 44t" Avenue with the two existing accesses limited to right-in/right-out. Will a traffic signal be installed at the corner of 44th Avenue and Tabor? If the properZy is redeveloped and generates stifficient trciffic to meet "warrants ", a trciffic signal would be installed. On the drawing, why is there a line drawn through the middle of the property? The line will be used to designate two district use areas. The northern portion adjacent to 44''' Avenue will have higher intensity uses more oriented to impulse purchases such as fast food restaurants. The southern portion will have less intensive uses and development standards more appropriate adjacent to residential development such as a 35' height limitation where the front piece height allowance will be 50'. What are the uses being proposed? The uses listed were taken primarily Fom the C-1 permitted use list with many of the undesirable uses eliminated. Afew of the eliminated uses include adult entertainment establishments and car repair facilities. Discussion of desirable uses continued. There was some sentiment that no development should be allowed. It was pointed out that visually, development may have less impact than currently exists with the RV storage. One of the desirable uses suggested was a landscape nursery. Why is the city allowing the owner to apply for a zoning change? Wasn't this settled years ago? The last applicationfor a change in zoning conditions was filed in 1999. The case was withdrawn after a denial recommendation was given by Planning Commission. It is the properry owner's right to be able to apply for zoning modifications on his properry. What is proposed for Tabor Street? If access is approvedjor Tabor Street, the developer will be responsible for dedication, widening and installation of public improvements Fom 4l" down to the new access point. No widening or improvements would extend to the south where residential access begins. It was indicated from the attendees that people drive down Tabor where there is no turn around requiring turn around using private driveway. This rype of intrusion into the neighborhood has included delivery vehicles and even semi trucks. It was posed whether the City 'would be agreeable to physically restricting access such as gating. This is doubtfid due to emergency access issues. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes) No members of the public wished to speak at this time. 7. PUBLIC HEARlNG Case No. WZ-1O-09: An application filed by RV America for approval of a zone change from C-1 and C-1 with restrictions to Mixed Use Commercial Interstate (MU-C Interstate) and Mixed Use Neighborhood (MU-N) for property located at 11808 West 44th Avenue. Commissioner BRINKMAN requested to be recused from hearing the case because she is a friend ofthe applicant. She also noted that, for the sake of consistency, she recused herself from hearing the last case the applicant brought before the Commission. The Commission voted 7-0 to grant Commissioner BRINKMAN's request. (Commissioner BRINKMAN left the council chambers at this time.) The case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff concluded that the rear portion of the property is currently underutilized. Further, there are changing conditions in the area which will dramatically impact the commercial viability of the property. Zone change criteria also support the request. Therefore, staff gave a recommendation of approval with conditions outlined in the staff report. Following several clarification questions from Commission members, the applicant addressed the Commission. Mike Pharo Land Planning Consultant Mr. Pharo, representing the applicant, stated that the land is presently underutilized in light ofthe fact that 2/3 of the property can only be used for recreational vehicle storage. Further, the C-1 area abutting 44th is too small for any reasonable redevelopment. The applicant is requesting the rezone in order to expose the property to the marketplace. He did not believe the northern portion would ever be developed to maximum allowances specified in the MU-C Interstate zone district. He stated that he had no problem with separation of the property into 2 different zones. He did not agree with the third condition that asks for a 20-foot right-of-way dedication along the entire frontage of Tabor Street. This would be detrimental to residential property owners to the south and would Platming Commission Minutes A TT A CHMENT 3 January 20, 2011 change the character of the neighborhood. He could see no reason for this request which would penalize the applicant and asked that the condition be reconsidered. Commissioner TIMMS asked if the applicant's intention is to immediately place the property on the market if the zoning is approved. Harry Sach Owner, RV America Mr. Sach stated that the property would be placed on the market if the zoning change is approved. He stated that he is not sure whether the property would be more valuable with the zone change. Mike Pharo returned to the podium. In response to Commissioner POND's comment that Tabor would most likely provide access to the southern portion of the property, Mr. Pharo stated that he sees this as a single property with a zone line in the middle. The applicant is not proposing that traffic would go south into the residential neighborhood and then go west into the property. In response to a question from Commissioner DWYER, Mr. Pharo stated that no studies have been done or development proposals received at this time. He did not see the use as being any more intense than normal retail use with a floor area ratio of .25 or .22 to 1. He didn't thibkbuildings would be 6-8 stories, but more likely 2-3 stories. Commissioner DWYER .asked why the applicant is asking for Mixed Use Commercial Interstate (MU-C Interstate) for half of the property rather than asking for Mixed Use Neighborhood (MU-N) for the entire piece. Mr. Pharo replied that he believed thee northern portion of the property fits well with Mixed Use Co1111llerciaI Inte~state (MU,C Interstate) and that they are recognizing the interstate opportunities 8B well as the neighborhood conditions. He did not think MU-C Interstate would be out of character for 44th Avenue. Chair MATTHEWS opened the public hearing. Diane Tipton 4311 Tabor Ms. Tipton voiced her opposition to any zone change of the property. Tabor is a very narrow road with inadequate place to tum around. There has been an increase in traffic on Tabor since the interchange has opened. She stated that RV storage is the perfect business to abut her residential neighborhood. Commissioner DWYER asked Ms. Tipton how she felt about the proposed 20-foot dedication on Tabor. Ms. Tipton objected to Tabor narrowing down to a onelane road which would present a danger as more traffic would be driving down the one-lane road, turning around and then speeding out ofthe neighborhood. Planning Commission Minutes 3 January 20, 2011 George Isquith 4250 Tahor Mr. Isquith voiced his opposition to the zone change. He believed Mr. Sach should sell the property as it is presently zoned. In response to a question from Commissioner TIMMS, Mr. Paranto stated that Tabor Street, north of 44 th Avenue, would run to the proposed light rail station. The light rail station will serve people more to the nOlih and west of 44 th A venue. A signal at 44th and Tabor has not been analyzed for warrants at this time. A light most likely would be necessitated by traffic on Tabor north of 44th rather than necessitated by development ofthe subject property. In response to a question from Commissioner MATTHEWS, Ms. Reckert stated that individual RV storage is presently allowed as well as inventory storage. Commissioner DWYER commented that while he thinks it is unlikely there would be an 8-story building on the site, it seems that MU-C Interstate zoning is a very intensive use and he would prefer MU-N zoning on both parcels for the protection of residents to the south. Commissioner OHM commented that a 20-foot right-of-way dedication would better provide for emergency access. Access from Tabor could be economically beneficial to owners of the property and would also provide opportunities for utility tie-ins. He suggested that the existing fence on the southern border could be replaced with a 6-8 foot height masonry wall with a landscape buffer that would also provide sound mitigation. Commissioner TIMMS conunented that he would have difficulty supporting MUN onthe north pOliion of the property. Single family homes facing 44th Avenue would not be desirable. C.ommissioner MATTHEWS stated that, while he agreed that MU-C Interstate is ariintense use, the property has a right-tum-in and right-tum-out so people would be driving away from the interstate when they leave the property. He questioned the need for a 20-foot right-of-way dedication to the south property line on Tabor. Commissioner POND agreed with Commissioner TIMMS that MU-C Interstate is more appropriate for for the 44th Avenue frontage. He believed there was a reasonable need for the right-of-way dedication for emergency access and development considerations. Mike Pharo returned to the podium. He stated that the right-in and right-out situation on 44th Avenue is one reason there is no objection to dedicating right-ofway along Tabor to the zone demarcation line. Dedicating right-of-way to the soufb would penalize the applicant because he is asked to reserve land that he can't utilize. Planning Commission Minutes 4 January 20, 20 II In response to a question from Commissioner OHM, Mr. Pharo stated that he would be agreeable to an access easement from the northern half to the southern half of the property. He stated he has no desire to access the southern piece through the residential area south of the zone demarcation line. Chair MATTHEWS closed the public hearing. It was moved by Commissioner DWYER and seconded by Commissioner OHM to recommend approval of Case No. WZ-IO-09, a request for approval of a zone change from C-Iand C-I with use restrictions to Mixed UseCommercial Interstate lind Mixed Use-Neighborhood for property located at 11808 West ""th Avenue for the following reasons; 1. The rear portion of the property is currently under-utilized. 2. The relocation of the 1-70 on lind off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, tbe City's comprehensive plan. 4. The evaluation criteria support approval of the request. With the following conditions; 1. The proposed zoning boundary between the two districts be consistent with the A-I zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20-foot right-of-way be dedicated along the frontage of Tabor Street to a line consistent with the A-I zoning line on the east side of Tabor Street. Commissioner DWYER statec! that his right-of-way condition was to rnake it difficult to sell the property in two pieces. Unless there is access from 44th Avenue, selling the property in two pieces creates a land-locked parcel. Commissioner TIMMS commented that the approval of the application would not prohibit the opportunity during the platting process to acquire right-of-way if needed. The motion carried 5-1 with Commissioner DWYER voting no and Commissioners BRINKMAN and BUCKNAM absent. It was moved by Commissioner POND and seconded hy Commissioner DWYER to break for a five-minute recess. The motion passed 7-0. (The meeting was recessed from 8: 17 p.m. to 8:23 p.m.) Planning Commission Minutes 5 January 20,2011 CITY OF \VHEAT RIDGE 7500 WEST 29TH A VENUE WHEAT RIDGE COLO. JEffERSON 80033 Phone (303) 235-2846 Fax (303) 235-2857 January 25, 20U City Councli Members CIty Council" ZUi! FEB 2Li A q: Il I G eo r 8 e.. /. .. 1 $.1 tI tT b Here by due submit this as a legai protest To the rezoning of case nuniber WZ-l0-09 in the city of Wbeat Ridge CO. 80033 ATTACHMENT 4 GEORGE L ISQlJITH February 21. 2011 City of Wheat Ridge 1500 W.29 Avenue Wheat Ridge. CO. 80033 OearCounci!. 4350TaMr SUcel What Ridge. CO. 80033 Fhone (303) 94(!.8381 Gl~mca5laet In sending in a legal protestfora zone change.Case No. WZ-l0·0S.1 feel til is will open the lllt at 11808 West 44'" A'ienue to. to many uncertainties. Commercial uses that will go To far back into our residential neighbor hood. All this is siill doing is breaking up the lot Into two zone's and sending it in to close to are home's. With the use's to open and unforgiving The small Commercial one zone fits much better along 44"' Avenue from Brewer tire east to Kipling St This is all small business and residential mix. I fee lthis is just a way for the owner to.make more profit; so he can seil it and move out of the City of Wheat Ridge faster. Sincerely. Signaiure 3103500 4~th /AI(E ~1 03500 ,°.0... .. I .", 3104000 ATTACHMENT Case No. WZ-1 0-09 Rezone from C-1 and C-1 with restri ctions to MU-C Interstate and MU-N Neighborhood _ Right of Way L...::J RV America Property 4350 Tabor Street (9,500 sqft) Legal ProleslArea (47,893 sqft) Pursuant 10 Section 26-112, a legal protest must be signed by at least 20% of landowners within 100' on any side of the subject property. 95 ft = 19.84% 478.93 ft 9,500 sqft = 19.84% 47,893 sqf\ SI . I. PI'''''Coordin.<eP'''ie,!lcn Cob.'" Ceo/rol Zone Datum: N ... DIlJ OISCI. ... I ~ ~R ""TICE N A Thfo'" , "'Io, jol " .... ' ".,,"'. """."phlo 'OJ ~,,,,,,,,,"p/ll< "''' ..... t~n. RoUn<.o ~'" Ih<o " """a.y. , ... 1>iIt:I ond ''''no'"<\, .j iii, t./alrn>""" .. .... ty " .U .. , .. ·• "op_b l"<\'. Tk. ell> ,I "..., ... R.. ... "'_""."Cou n". 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CHyor 7Wh eatRLdge City ofWneat Ridge, Colorado 7600 Weal 29th Avenue Vl'l1eat RTag e , CO 8003:l-8001 303.234.5000 Created by Lllur~n Mi<liak, Planner I -~1'12O' 1 D~ta SaLrce : City 01 Wheat RIdg~ RV America Site 11808 W 44th Avenue, Wheat Ridge, CO Office Hospitality Option RV America Site 11808 W 44th Avenue, Wheat Ridge, CO Municipal/School Option RV America Site 11808 W 44th Avenue, Wheat Ridge, CO Medical/Office Option RV America Site 11808 W 44th Avenue, Wheat Ridge, CO Large Restaurant Option RV America Site 11808 W 44th Avenue, Wheat Ridge, CO Office/Bank Option RV America Site 11808 W 44th Avenue, Wheat Ridge, CO Gas Station wi Car Wash Option ~ \ ;." r~ _w ~ nCity of • eatR.i9ge ITEMNO:~ DATE: March 14,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 02-2011 AN ORDINANCE AMENDING CHAPTERS 11 AND 22 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING BUSINESS LICENSE REQUIREMENTS AND TAXPAYER REMEDIES o PUBLIC HEARING o BIDSfMOTIONS o RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR 1sT READING (02 /14/2011) ~ ORDINANCES FOR 2ND READING (03 /14/2011) o YES ~ NO c~4-Staff h as reviewed Chapters 11 and 22 of the Code and identified certain amendments to Sections 11 -26, 11-29,11-226, and 22-45 which will be beneficial to the administration of the City's tax and business license program. The amendments include changes in fees imposed for licenses, unifying language in the Code and amendments needed as a result of changes in State Statute. PRIOR ACTION: At the February 14, 2011 City Council meeting, staff requested the item be pulled from the agenda and brought back to a study session for discussion on the financial impacts of the proposed changes. Council approved continuation ofthe public hearing on this item to the March 14,2011 City Council meeting. City Council consensus at the March i h Study Session was to move forward with staffs recommendation on tiered licensing renewal fees and discontinue the first· time business application fee. Consensus was also given to staff on the proposed change to Section I regarding the handling of licensing merged businesses. Council also provided consensus on the proposed change to Section 3 regarding when non-resident vendor tax remittance is due. Council also provided consensus on the proposed change to Section 4 regarding taxpayer remedies. V:\Forms\CAFtemplate Council Action Form March 14, 2011 Page 2 FINANCIAL IMPACT: A breakdown of the proposed code changes is included in Attaclnnent 1, Proposed Code change in Section 1: Handling of mergers in business/tax licensing No financial impact is anticipated. Proposed Code changes in Section 2: Fees a. First-time business/tax license application fee -the original staff recommendation included a $5 increase from the current $5 fee to $10. Council consensus was to discontinue the application fee. The financial impact would be an annual revenue reduction of$1,260 based on a historical average of252 new license applications per year. b. Annual business/tax license renewal and late fee -Council provided consensus to staff at the March 7fn Study Session to include a tiered licensing fee stmcture based on the date at which the license is renewed. The following revenue impacts are anticipated: Tiered Licensing Renewal Fees and No Application Fee Aualysis License fee renewals withln 30 days grace at $20 and new licenses License License fee ninewals withln 31-60 days at $30 License fee renewals 61-90 days at $50 License fee renewals 91 or more days at $100 Revenues from new licenses and license renewal New licenses and renewal program costs New licenses and tiered renewal program net revenue $ 64,040.00 $ 6,150.00 $ 2,500.00 $ 1,900.00 $ 74,590.00 $ 10,024.05 $ 64,565.95 Included in the tiered licensing renewal fee and late fee changes is removal of the existing $50 flat late fee after the 30 day grace period. Historically the late fee has generated revenue in the range of$13,OOO (2010 actual figure). Additionally, staff recommends that the tiered license renewal fees take effect on January 1,2012 since the 2011 renewal program is near completion. c. Fine for willfully operating an unlicensed business -no direct financial impact to the City. Historically, staff estimates the number of businesses that are taken to court as a result of business license fees not being paid is one business per year. Council Action Fonn March 14,2011 Page 3 d. Business/tax license late fee waivers -minimal impact to revenue e. Fee for reissuing a business/tax license copy -no impact to revenue as staff has not charged this fee for reissuing a license f. Review of business/tax license related fees -impact to revenue contingent upon adopted changes by City Council Proposed Code changes in Section 3: Non-resident (temporary or special event) vendor tax remittance time frame requirement There is no financial impact to changing the non-resident vendor tax requirement to be the same practice for regularly licensed businesses. The change provides 10 additional days to remit the appropriate sales tax which provides greater flexibility for the noneresident vendors in our business community. There is no impact to staffing resources with this change. Proposed Code changes in Section 4: Taxpayer remedies mandated by the State of Colorado The change to Chapter 22 delaying the time frame in which the City will receive additional assessment revenues or a protest of the assessment or notice is a state mandate that requires the City's compliance and must be reflected in the Code. The change requiring trackable delivery of notices and assessments has no financial impact because as a matter of practice the Tax Division has used such methods for substantial assessments for documentation purposes. As trackable delivery is mandated by state statute, failure to use it can limit or negate remedies available to the City in seeking payment of additional taxes due. The proposed change is now mandated by the state and should be reflected in the Code for consistency. BACKGROUND: Currently, businesses pay an annual renewal fee of $20. New businesses pay an application fee of$5. A business license application goes through a comprehensive Community Development review process, including an inspection, fire inspection, zoning review, and building use review. At the same time, the Tax Division provides assistance and educational materials to the business community about the annual licensing program and submittal of taxes. Proposed Code changes in Sections 1 and 2: City Council indicated by consensus at the March 7 Study Session that the $5 application fee is to be discontinued. Council Action Fo= March 14, 2011 Page 4 At the same study session, Council reached a consensus on a tiered renewal fee structure that is more forgiving of renewal after the 30-day grace period allowed by the Code. Those who renew late but are within 60 days of year-end by pay only $10 more (total $30) to renew the license. Renewals after 60 days and 90 days will cost $50 or $100, respectively, to offset the added costs of gaining compliance. Attachment 2 provides a comparison oflicensing fees used by other cities in the State. The City's review of licensing fees has not occurred routinely over the City's history. A prescribed occasional review and proposal for changes limited to inflation serves as a reminder to balance revenues and costs while staying within reasonable limits. Current info=ation is presented in the following exhibits. Exhibit A Business/Tax License Revellmes 2010-2011 Description 2011 2010 Total Licenses 3,219 3,194 Renewed on Time 2,950 1,929 License fees on time $59,000 $38,580 Unrenewed as of February 8 269 1,265 License fees late $ 5,380 $25,300 Potential late fees* $13,450 $63,250 • *Not all non-timely renewals actually renew. Some accounts are canceled because they're no longer doing business in Wheat Ridge. There are also always a few late fee waivers based on extenuating circumstances. • The license fee was originally $10 beginning in 1988 then was increased to $20 in 2003. • The late fee has been $50 since 1988. Exhibit B Current Revenues and Costs Businessffax License Renewal Program License fee renewals, annually Late fees annually, current $50 flat late fee at current delinquency rate Revenues from license renewal Renewal program costs Renewal program net revenue $ 64,380.00 $ 13,000.00 $ 77,380.00 $ 1,510.05 $ 75,869.95 Council Action Form March 14,2011 Page 5 Pmposed Code changes in Section 3: Licensing a temporary business requires the same staffing resources as licensing a permanent business. Pmposed Code changes in Section 4: Historically, 20 days was mandated by the State as the time period in which a taxpayer could payor protest a notice or assessment of additional tax. As times have become more complex, this often presented a hardship to businesses, so the state enacted an amendment (SB 10-142 in reference to C.R.S. 29-2-106 regarding local taxation) to mandate a 30-day turnaround. All home rule cities are required to comply. Mailing of notices and assessments of additional tax via regular first class mail was the previous requirement. Many jurisdictions, Wheat Ridge included, determined that that left far too much to assumption and took up the practice of using trackable delivery to document timely delivery of substantial notices and assessments to the intended recipient. It's now a mandate (SB10-142 in reference to C.R.S. 29-2-106 regarding local taxation) for the protection of taxpayers. RECOMMENDATIONS: • Staff recommends adopting Section 1 regarding clarification of when a merger results in a requirement for a new City tax/business license because it will clarify a point of confusion in the Code. Council indicated agreement by consensus at the March 7 Study Session. o Staff recommends adopting the proposed changes to Chapter 11 set forth in Sections 2 and 3 regarding licensing, especially Section 2 (1l-29h) which eliminates an unreasonable charge for a replacement copy of a business/tax license. • Section 2 (11-29b) to increase the business/tax license application fee was rejected by consensus of Council at the March 7 Study Session with a call for elimination of the application fee. Staff does not concur because the application fee was first enacted to offset the costs of licensing. e Section 2 (11-29g) regarding licensing fees was reviewed as follows: o The first of three alternatives examined was no code change, with the late penalty remaining at a flat $50 after 30 days. o The second was to remove the late renewal penalty altogether, which does not support the renewal process which generates $65,000 in licensing fee revenue each year and provides a point at which licensees are cued to Council Action Form March 14, 2011 Page 6 notify the City of any changes that would assist with the enforcement of the taJ{ laws. o The third, chosen by consensus of Council at the March 7 study session is tiered license renewal fees to encourage timely license renewal, while still generating revenue supportive of all City programs and offsetting late renewal costs in proportion to their occurrence. Staff concurs. Additionally, staff recommends that the tiered license renewal fees take effect on January 1, 2012 since the 2011 renewal program is near completion. .. Section 3 -Non-resident vendor tax remittance time frame requirement is proposed to be changed from 10 days after sales occur to 20 days after sales occur. e Section 4, Chapter 22 -state mandated, no alternative was considered. RECOMMENDED MOTION: "1 move to approve Council Bill No. 02-2011, an ordinance amending chapters 11 and 22 of the Wheat Ridge Code of Laws concerning business license requirements and taxpayer remedies, on second reading, that all portions of the ordinance take effect 15 days after publication, with the exception of the tiered license renewal program, which shall take effect January 1,2012. Or, "1 move to postpone indefinitely Council Bill No. 02-2011, an ordinance amending chapters 11 and 22 of the Wheat Ridge Code of Laws concerning business license requirements and taxpayer remedies for the following reason( s) ________ ," REPORT PREPARED BY; Kathy Franklin, Sales Tax Supervisor Heather Geyer, Administrative Services Director Gerald Dahl, City Attorney ATTACHMENTS: 1. Proposed Tax and Licensing Code Changes Table 2. Comparison of Wheat Ridge Business/Tax Licensing Fees to Other Cities 3. Council Bill No. 02-2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 02 Ordinance No. ::-:--:--__ Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTERS 11 AND 22 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING BUSINESS LICENSE REQUIREMENTS AND TAXPAYER REMEDIES WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution and the City's home rule charter ("Charter"); and WHEREAS, pursuant to this power, the City Council has previously adopted Chapters 11 and 22 of the City of Wheat Ridge Code of Laws ("Code") concerning business licenses and taxes, respectively; and WHEREAS, the City Council has determined that Section 11-26 of the Code should be amended to clarify the consequences and effect of a merger on a business license issued by the City; and WHEREAS, in order to recoup the administrative cost of issuing licenses in the City, the City Council has determined it is in the best interest of the City to amend the fees set forth in Section 11-29 of the Code, and to unify references to such fees in Section 11-226 of the Code; and WHEREAS, the City Council has further determined that Section 22-45 of the Code should be amended to comply with recent amendments to the Colorado Revised Statutes and to clarify general provisions concerning information which the taxpayer can provide to aid in the resolution of a dispute between the City and the taxpayer. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 11, Section 11-26 (c) of the Code is hereby amended as follows: Sec. 11-26. Licenses. (c) No license shall be transferred from one person, business or location to another. Any change of ownership, nature of business or location shall require a new application and license, including the applicable fees. A MERGER OF AN EXISTING LICENSED BUSINESS WITH ANY OTHER BUSINESS THAT DOES NOT NECESSITATE A MANDATORY CHANGE IN THE FEDERAL EMPLOYER IDENTIFICATION NUMBER SHALL NOT BE CONSIDERED CONSIDERED A CHANGE OF OWNERSHIP FOR LICENSING PURPOSES. IN ADDITION TO ANY OTHER AUDIT PERMITTED PURSUANT TO CHAPTER 22 OF THIS CODE, IN THE FIRST YEAR FOLLOWING ANY MERGER, TAX DIVISION PERSONNEL SHALL Attachment 3 HAVE THE RIGHT TO AUDIT THE MERGED BUSINESS IN ORDER TO CONFIRM THAT THE MERGER OF THE BUSINESSES DID NOT CONSTITUTE FRAUD TO AVOID OUTSTANDING DEBTS OR LIABILITIES. Sectioll 2. Chapter 11, Section 11-29, subsections (b), (g), (h) and (i) ofthe Code are hereby amended as follows: Sec. 11-29. Fees. (b) A nonrefundable application fee oHive TEN dollars ($5.00) ($10.00) shall be paid at the time of filing an application. (g) A fifty dollar ($50.00) late application fee and/or fine shall be assessed, in addition to the regular application and license fees, for any application received more than thirty (30) days after the commencement of business ' .... ithin the city, or in the case of a renewal, any applieatiDn received after January 30 of the oalendar year for which the license is sought AS FOLLOWS: This late application foe shall be in addition to all other fees and-f3enalties that may be assessed pursuant to the City Code. 1. $10 FEE IF APPLIED FOR OR RENEWED MORE THAN THIRTY (30) BUT NOT MORE THAN SIXTY (60) DAYS AFTER THE COMMENCEMENT OF BUSINESS WITHIN THE CITY OR EXPIRATION OF THE PRIOR YEAR'S LICENSE. 2. $50 FEE IF APPLIED FOR OR RENEWED MORE THAN SIXTY (60) DAYS BUT NOT MORE THAN NINETY (90) DAYS AFTER THE COMMENCEMENT OF BUSINESS WITHIN THE CITY OR EXPIRATION OF THE PRIOR YEAR'S LICENSE. 3. $100 FEE IF APPLIED FOR OR RENEWED MORE THAN NINETY (90) DAYS AFTER THE COMMENCEMENT OF BUSINESS WITHIN THE CITY OR EXPIRATION OF THE PRIOR YEAR'S LICENSE. 4. IF A SUMMONS TO MUNICIPAL COURT IS REQUIRED TO OBTAIN LICENSING COMPLIANCE, THE MUNICIPAL COURT SHALL IMPOSE A FINE UNDER SECTIONS 1-5 AND 1-6 OF THIS CODE OF NO LESS THAN $5 PER DAY OF OPERATION WITHOUT A LICENSE OR WITH AN EXPIRED LICENSE IN ADDITION TO THE MAXIMUM LATE FEE. 5. LATE FEE WAIVERS SHALL BE GRANTED AT THE DISCRETION OF TAX DIVISION STAFF ONLY IN ACKNOWLEDGMENT OF EXIGENT AND UNAVOIDABLE CIRCUMSTANCES. (h) The city treasurer MAY NOT CHARGE A FEE FOR THE REissue OF A replacement for a lost or damaged license upon payment of a five dollar ($5.00) feD . (i) ALL BUSINESSrrAX LICENSING FEES MAY BE REVIEWED OCCASIONALLY BY CITY STAFF. CITY STAFF MAY THEN FORWARD RECOMMENDATIONS CONCERNING AMENDING SUCH FEES TO THE CITY COUNCIL; PROVIDED, HOWEVER, THE FEES MAY NOT BE INCREASED BY MORE THAN A PERCENTAGE EQUAL TO THE SUM OF THE DENVER-BOULDER ANNUAL CONSUMER PRICE INDICES SINCE THE LAST INCREASE, ROUNDED TO THE NEAREST DOLLAR. Section 3. Chapter 11, Section 11-226, subsections (\), (u), (w) and (x) of the Code are hereby amended as follows: Sec. 11-226. Nonresident vendor. (t) License and required fees for solicitors and peddlers: All fees for solicitors and peddlers must be paid with cash, certified check or money order as follows: (1) One hundred dollar ($100.00) deposit to be applied against sales tax collections; applicant must bring in sales receipts within ten (10) days after sales to claim any refund on overpayment of sales tax deposit Failure to provide proof of sales receipts will mean forfeiture of deposit. Sales tax collections over one hundred dollars ($100.00) must be remitted within ten (10) TWENTY (20) days of sales. (2) Five dollars ($5.00) THE_application fee AS SET FORTH IN ~section 11-249). (3) Ten dollars ($10.00) THE GGENERAL business license fee AS SET FORTH IN ~section 11-29). (4) One hundred dollars ($100.00) THE site clean up deposit SET FORTH IN PARAGRAPH (q) OF THIS SECTION. SUCH FEE SHALL BE Rrefundable upon ISSUANCE OF A certificate of site clean up by code enforcement or city zoning officials. (u) Licenses to be displayed. The city treasurer shall issue the license. Each license shall bear the words "Licensed Peddler" or "Licensed Solicitor," and the period for which the license is issued. (w) Duty of enforcement personnel: It shall be the duty of any police officer, sales tax inspector TAX DIVISION PERSONNEL or code enforcement officer of the city to require any person required to have a license, as provided in this chapter, to produce his license and to enforce the provisions of this chapter against any person found to be violating violating the same. (x) Treasurer shall maintain records: The chief of police shall report to the sale tax inspector THE TAX DIVISION all violations of this chapter and all violations of this Code by licensees. aR€I-The sales tax inspector TAX DIVISION shall maintain a record for each license issued and record #le SUCH reports THEREIN from the chief of police. Section 4. Chapter 22, Section 22-45, subsections (a) and (b) of the Code are hereby amended as follows: Sec. 22-45. Taxpayer remedies. (a) When the city asserts that sales or use taxes are due in an amount greater than the amount paid by a taxpayer, the city shall mail a deficiency notice to the taxpayer by first class mail. The deficiency notice shall state the additional sales and use taxes due. The deficiency notice shall contain notification, in clear and conspicuous type, that the taxpayer has the right to elect a hearing on the deficiency pursuant to this section. A DEFICIENCY NOTICE EXCEEDING $500, INCLUDING PENALTIES AND INTEREST, RESULTING FROM AUDIT ACTIVITY SHALL BE DELIVERED BY A RECEIPTED OR TRACEABLE METHOD SUCH AS BUT NOT LIMITED TO CERTIFIED MAIL. (b) In the event that the taxpayer disputes the tax liability imposed by the city either by any deficiency notice or otherwise, he shall file a written demand for an informal hearing and determination of tax liability within r .... enty (20) thirty (30) days from the date of mailing of the notice, which demand will stay the sale under any distraint warrant until the conclusion of the hearing. TO AID IN RESOLUTION OF THE DISPUTE, THE CITY REQUESTS THAT THE TAXPAYER'S WRITTEN DEMAND INCLUDE THE FOLLOWING INFORMATION: NAME, BUSINESS ADDRESS AND LICENSE NUMBER OF THE TAXPAYER, A COPY OF THE NOTICE SENT BY THE CITY, THE TAXABLE PERIODS AND THE AMOUNTS OF TAX WHICH ARE BEING DISPUTED, AND A STATEMENT OF THE GROUNDS UPON WHICH THE TAXPAYER BASES THE CLAIM. Section 5. Severability. Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AIIID ADOPTED on first reading by a vote of 8 to 0 on this 24th day of January, 2011, 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 February 14, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, postponed to March 14, 2011. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of , 2011. SIGNED by the Mayor on this __ day of _____ , 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: January 27, 2011, February 24, 2011 Second Publication: Wheat Ridge Transcript Effeclive Dale: .... ~ ~ 4' .......... City of ·WWheat,BLdge J?'ADMINISTRATIVE SERVICES Attachment 1 Tax and Licensing Code Change Proposals 2011 Item Existing Practice Proposed Change Justification Section 1 -Licenses Handling of mergers in Not addressed SpecifY that a merger resulting in a change to Even small businesses engage in mergers now. The criteria for relicensing needs to be clarified so that a business/tax licensing the Federal Employer Identification Number merger that doesn't result in any change to financial responsibility really only prompts notifYing the City requires applying for a new license of any name or address changes. Section 2 -Fees Business/tax license $5 one time non-refundable $10 one time non-refundable fee A local application requires a building and zoning review under the City's strategic goals of safety and application fee fee. Established by ordinance quality of place. Non-local applicants often require extensive research and/or contact to ensure correct 1988-781 infonnation is on file. Annual business/tax license $20 Increased from $10 by No change The fee adequately offsets the costs of collecting on and enforcing the City's tax and licensing laws. fee ordinance 1310 in 2003 Business/tax license late $50 flat fee commencing after $10 at 31-60 days late/after business start Licensees indicate that a $50 late fee immediately upon expiration of the grace period is excessive and renewal or application fee 30 days grace Established by $50 at 61-90 days burdensome. At the same time, it's beneficial to address the problem of offsetting the costs incurred to ordinance 1988-781 $100 after 90 days obtain compliance from the worst laggards. Fine for willfully operating an At judicial discretion under $5 minimum fine per day of operation without a To date the court-imposed penalty for not licensing or renewing has been nominal and not sufficiently unlicensed business as Chapter 1 of the Code up to valid business license under authority of Code supportive of the licensing code. evidenced by requiring a $$1,000 per day section 1-5 summons to municipal court to gain compliance Business/tax license late fee Not specifically allowed but Specific statement of waiver allowable in case This would clarifY that late-fee lenience is available in unavoidable circumstances. waivers allowed for death, catastrophic of circumstances such as death, catastrophic illness, proof of timely mailing illness, disaster, proof of timely mailing Fee for reissuing a $5 for replacement of a lost or Free Obtaining a copy of a license is only a matter of a few keystrokes and either e-mailing, faxing or mailing business/tax license copy daJilaged license it to the taxpayer as a courtesy. Review of business/tax license None specified Occasional review to detennine if fees Offsets via fees need to consistently reflect added or decreased associated costs. The trend nationwide is related fees adequately offset some of the costs of services fees for services in order to preserve funds for more generally beneficial uses. provided Section 3 -Non-resident vendor Non-resident (temporary or 10 days after sales occur 20 days after sales occur This is consistent with remittance requirements for regularly licensed businesses. special event) vendor tax remittance time frame requirement . Section 4 -Taxpayer remedies Method of mailing notices of First class mail Receipted mail Mandated by state law under SB 1 0-142 in reference to C.R.S. 29-2-106 regarding local taxation. additional tax due over $500 Time to payor protest an 20 days in code, 30 days in 30 days Mandated by state law under SBIO-142 in reference to C.R.S. 29-2-106 regarding local taxation. additional liability practice to confonn with state law 02.25.2011 ... ~I. .. '"... City of -~WheatBL..dge J?'ADMINISTRATIVE SERVICES Attaeliment 2 Comparison of Wheat Ridge Business/Tax Licensing Fees to Other Cities City Tax License Business License Combined Additional fees? Comment Arvada Free None Yes Certificate of occupancy required for all uses. Various inspections, permits, fees and escrows. Canon City $20 yearly Special type business Yes $25 late fee after Jan. 31; $100 additional penalty after March l. Additional business license fees apply to certain licenses (alann business types. companies, trash hauling, pawn, adult), at varying fees. Centennial $25 every two No No inspection or zoning /confonnity checks are in place although there is a disclaimer on the application. years Edgewater $15 for outside $150 to apply /$50 No Heavy documentation is required to apply for the business license. No inspection required of new applicant vendors only; free licensing fee yearly premIses. to licensed businesses Englewood $25 one time Yes Certificate of occupancy may be required based on review of application. Golden $20 every two None Businesses are only inspected pursuant to special licenses (adult, pawn, etc.) and when pennits are drawn. Fire years inspections are done annually by the local fire department and bear a fee. Greenwood Village $10 one time Special business type Yes Occupational privilege tax license (head tax license) $10 one time. Inspections for construction /remodels only. licenses (adult, security guard, body art) at various fees. Lakewood $15 one time Special type licenses Businesses are only inspected pursuant to special licenses (adult, pawn, etc.) and when permits are drawn. Fire (pawn, adult, arcade, inspections are done armually by the local fire department and bear a fee. etc.) with fees varying from backgrounding only to substantial armual fees. Littleton Free No No additional requirements indicated for existing propeliy. Lone Tree $10 yearly Inspections required for construction /remodel only. Louisville $25 yearly $25 yearly Local businesses are subject to building, planning and zoning inspections, including fire, prior to approval. Inspections may be done at the request of staff or in response to a complaint. Montrose $35 initially; $15 Special business types No No inspection required of new applicant premises. armual renewal only. Varying fees. Thornton Free Free Yes Certificate of occupancy required for all businesses at a one time $25 fee. Special types of business require added forms and fees. Westminster Free Special type licenses Businesses are only inspected pursuant to special licenses (adult, pawn, etc.) and when pennits are drawn. Fire (pet shops, pawn, inspections are done annually by the local fire department and bear a fee. trash, etc.) at substantial fees which vary from one-time to annual. WHEAT RIDGE $5 one-time Local businesses are subject to building, planning and zoning inspections, including fire, prior to approval. application (new Inspections may be done at the request of staff or in response to a complaint. On average, Wheat Ridge license) receives five business-peer complaints initiating inspections and licensing adjustment. Revocation for $20 yearly nonconformity to use and zoning or to safety requirements is a less than once-yearly occurrence. 03.09.2011 ", ~'~ City of ?WJieatR.L-dge ITEM NO: 5. DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 07-2010 -AN ORDINANCE AMENDING CHAPTER 26 AND ADOPTING THE STREETS CAPE DESIGN MANUAL D PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: [g) ORDINANCES FOR 1 ST READING (03 /14/2011) D ORDINANCES FOR 2ND READING (03 /28/2011) D YES City Manager The City's current Streetscape and Architectural Design Manual, adopted in 2001 , is largely outdated and lacks objective standards that are easy to implement. The architectural guidelines within this document were replaced by the Architectural and Site Design Manual (ASDM) in 2007. The streetscape guidelines are still in effect but require a comprehensive update for the following reasons: • Lack of objective standards, such as minimum dimensions for sidewalks, that mal<e the guidelines difficult to implement • Outdated street typologies that do not correspond with the City's adopted plans • The desire to create specific design requirements for the City's priority redevelopment corridors The proposed Streetscape Design Manual addresses each of the above issues. It clarifies what is required of new development and significant redevelopment, and establishes objective standards that are easy to enforce and will promote quality streets within the City. ZOA-IO-05 Council Action Fonn March 14,2011 Page 2 PRilOR ACTION: Staff presented to City Council at a Study Session in the smnmer of 20 1 0 to get approval to move forward with a revised Streetscape Design Manual. Staff met again with Council at a Study Session on January 24, 2011 to review a draft of the manual. Planning staff also held two Study Sessions with the Planning Commission to review drafts of the manual. At a Public Hearing on February 17, 2010, Planning Commission voted to approve recommendation of the Streetscape Design Manual. Meeting notes from the Planning Commission Public Hearing will be included with the ordinance on second reading. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct fmancial impact on the City. However, the new manual is intended to clarify the requirements for private development in Wheat Ridge and thus promote economic development goals for attracting new development to the City. BACKGROUND: The City adopted the Architectural and Streetscape Design Manual Manual in 2001. This document contains design guidelines for both streetscapes and new buildings. The portion of the annual that addresses building design was replaced by the Architectural and Site Design Manual (ASDM), adopted in 2007. The portion of the manual that addresses streetscape design is still in effect, however it has not been updated since 2001 and has rarely been implemented. One reason for the lack of implementation is that the manual lacks objective standards, such as minimum sidewalk widths, that are easy to enforce. The original manual also contains outdated street typologies that do not confonn with the City's adopted plans. One of the primary reasons for replacing the fanner Streetscape and Architectural Design Manual with a new Streetscape Design Manual is to create clarity and consistency as to what is required for streetscape improvements when major redevelopment occurs. Process Staff began the process of creating a new Streetscape Design Manual in the smnmer of 2010. Staff from Commuuity Development, Public Works, and Parks met several times to review and create the content of the manual. In addition, Planning staff held two study sessions with Planning Commission in the fall and winter of 20 11, as well as two study sessions with City Council. The draft manual was also reviewed by LiveWell Wheat Ridge's Active Community Environments (ACE) task force. The group gave valuable comments to staff that helped to improve the content of the manual. The content in the final draft, which is proposed for adoption through this ordinance, reflects input received from Planning Commission, City Council, and the ACE task force. Please note that the final draft, Attachment 2, contains yellow highlights where text has been modified since the last Study Session with City Council on January 24, 2011. The Council Action Form March 14,2011 Page 3 modifications add language to clarifY the process by which applicants will convey land needed for streetscape improvements to the City. They also address comments received from Council at the January Study Session. Strcetscape Design Manual Outline The format and structure of the proposed manual is similar to that of the Streetscape and Architectural Design Manual from 200 I. A brief outline of the manual may be found below, with a complete draft attached for your review. Chapter I -Introduction • Establishes intent and purpose of the Streetscape Design Manual .. Applicability: only applies to arterials and collectors; as well as new local streets that serve mixed use or commercial development. The manual does not apply to local residential streets. Any new development, or redevelopment that expands building area by more than 50%, will need to meet the standards and guidelines in the manual. The manual will also apply to any City-funded streetscape improvements. Chapter 2 -Priority Corridors e Establishes standards, including minimum sidewalk width and tree spacing, for the streets cape design of the following priority corridors: o W. 38th Avenue between Sheridan and Wadsworth o Wadsworth Boulevard between W. 32nd Ave and I-70 o Kipling Street between W. 35th Ave and W. 51 st Place o W.44 Avenue between Harlan and Wadsworth and between Everett and I-70 o Y oungfield Street between W. 32nd Ave and Highway 58 o Any streets in the future TOD area Chapter 3 -Design Standards and Guidelines • This chapter establishes general standards for the streetscape along all other collectors and arterials in the City • Includes design standards and guidelines for street plantings and street furniture, including street trees, shrubs, benches, fences, lights, and monument signs. The overall intent is to create design guidelines that set a minimum level of quality but that are flexible and can apply to a variety of the City's arterial and collector corridors. Standards and guidelines will will encourage pedestrian-friendly design, especially in more urban, retail districts. Chapter 4 -Maintenance and Irrigation This chapter establishes maintenance requirements, which are crucial for the long-term value of a streetscape. Council Action Form March 14,2011 Page 4 RECOMMENDATIONS: Staff recommends adoption of the Streetscape Design Manual. The manual advances the City's goals to promote quality development and to clarify and simplify the development process. The design standards and guidelines within the manual will help the City fulfill the community character and design goals that are outlined in Chapter 6 of Envision Wheat Ridge, the City's Comprehensive Plan. These goals include: • Ensure quality design for development and redevelopment e Create recognizable gateways and corridors The proposed Streetscape Design Manual supports these goals by: e Creating objective, easy-to-understand requirements for streetscape design • Requiring sidewalks, amenity zones, and streetscape amenities (such as pedestrian lighting and benches) that form quality, pedestrian-friendly streets • Establishing design standards that are unique to priority corridors, which serve as important gateways and routes into and through the City Adoption of the new Streetscape Design Manual will help the City create attractive, high-quality streets that improve the image and character of Wheat Ridge. RECOMMENDED MOTION: "I move to approve Council Bill No. 07-2011, an ordinance amending Chapter 26 and adopting the Streetscape Design Manual on first reading, order it published, public hearing set for Monday, March 28th at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 07-2011, an ordinance amending Chapter 26 and adopting the Streetscape Design Manual for the following reason(s) " REPORT PREPARED BY: Sarah Showalter, Planner II Ken Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 07-2011 2. Streetscape Design Manual-final draft for City Council adoption CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ::: ____ _ COUNCIL BILL NO. 07 ORDINANCE NO. :-c-:----Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 25 AND ADOPTING THE STREETSCAPE DESIGN MANUAL WHEREAS, the City Council of the City of Wheat Ridge, Colorado (the "Council") 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 this authority the Council has enacted the Wheat Ridge Code of laws (the "Code"); and WHEREAS, Chapter 25 ofthe Code, entitled "Zoning and Development" includes requirements for building and site design, including Architectural and Streetscape Design Manuals; and WHEREAS, the Council finds that there is a need to replace the Architectural and Streetscape Design Manual, adopted in 2001, with an updated Streetscape Design Manual that establishes clear design requirements for streetscape improvements within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Sections 26-222 26-223 of the Code are hereby repealed and the section numbers reserved. Section 2: Section 26-224 is hereby repealed and reenacted to read in its entirety as follows: Section 26-224 Design Manuals. A. Architectural and Site Design Manual: The community development director is hereby authorized and directed to promUlgate regUlations that encourage quality architecture and site design. Such regulations, when promulgated, shall be fully enforceable with respect to all site development. The City of Wheat Ridge Architectural and Site Design Manual dated June 2007, is hereby adopted and shall apply as one such regulation. The manual may be amended and updated as a regulation from time to time by the director of community development. Copies ofthe manual shall be available for inspection and purchase in the office ofthe department of community development. Attachment 1 B. Streetscape DesiglllVlanua/: The community development and public works directors are hereby authorized and directed to promulgate regulations that encourage quality streetscape design. Such regulations, when promulgated, shall be fully enforceable with respect to all site development. The City of Wheat Ridge Streetscape Design Manual dated March 2011, is hereby adopted and shall apply as one such regulation. The manual may be amended and updated as a regulation from time to time by the director of community development and the director of public works. Copies of the manual shall be available for inspection and purchase in the office of the department of community development. C. Exemptions, waivers and variances 1. Buildings of historical significance which have been placed on the Colorado or National Historical Register shall be exempt from the requirements of the Architectural and Site Design Manual, including any reconstruction or remodeling of such buildings. 2. Where review of the requirements within either design manual is part of an administrative review process, the community development director may grant waivers to or variances from those requirements. 3. Where a waiver to or variance from the architectural or streetscape standards within either manual is made a part of another process, such as approval of a zone change or final development plan review, which process requires a public hearing before the planning commission and/or city council, then the planning commission and/or city council shall be empowered to decide upon such waiver or variance concurrent with the other process. Section 3: Section 26-225 of the Code is hereby repealed and reenacted to read in its entirety as follows: Section 26-225 Overlay Zone. A. Purpose. This section is enacted for the purpose of creating overlay zone districts which may establish additional regulations for the use, design, and development of a property. B. Procedure and Criteria. The city council may at any time enact an overlay zone district to address such topics as historic preservation, environmental preservation, transportation, architectural quality or urban design. For an overlay zone district to be established, the procedure for a city-wide or comprehensive rezoning, as set forth in Section 26-113.B., shall apply, and there shall be no minimum area which may be so designated. C. Applicability: where a property is within an overlay district, it is subject to the regulations of the primary zone district as well as the overlay district. Where there 2 is conflict between the regulations of the two districts, the more stringent regulation shall apply. Section 4: Section 26-103.B of the Code is amended to read: Sec. 26-103. Site development review process. A. B. All site development must also obtain building and construction permits pursuant to the uniform codes adopted by the city, and must comply with all other applicable sections contained within this chapter and chapter 5. All applications for building permits, exclusive of single and two-family dwellings, shall comply with the applicable standards set forth in the Architectural and Site Design Manual and the Streetscape Design Manual. Section 5: Section 26-11 O.B.1 of the Code is amended to read: Sec. 26-110. Public dedications and improvements; security. A. ... B. Wadsworth Boulevard Corridor Plan Adopted 1. The Wadsworth Boulevard Corridor Plan (hereinafter, for purposes of this section, the "Plan"), dated May 12,1999, and prepared by RNL Design, is hereby adopted as a regulation. All "site development," as that term is defined at section 26-123 of this Code, shall, if proposed to be located within the area covered by the Plan, comply with the requirements of the Plan and of this section and their included and referenced appendices and regulations. Such compliance shall be in addition to, and not in lieu of, other requirements of this Code of Laws, including without limitation sections 5-45 (public improvements), 26 222 (Streemca~e Overlay District} and 26-224 (streetscape aRE! Architect~~ Design Manuals). In the event of conflict among or between the Plan and such section on their included and referenced appendices and regulations, the more stringent requirement shall control. Section 6: Section 26-111.0 of the Code is amended to read: Sec. 26-111. Site plan review. 3. Landscape Plan a. The landscape plan shall be prepared in a 24x36 inch format; 3 b. location and dimensions of all open space areas, including minimum required usable open space for site development within a mixed use zone district; c. Proposed materials for all landscaped and hardscaped areas; d. location and type of all trees and other plantings; e. Schedule of proposed plantings; f. Table showing open space or landscape area required and provided. 4. Streetscape Plan a. Where streetscape improvements are required per the Streetscape Design Manual (refer to Sec 26-224), a streetscape plan, the requirements of which are outlined in the Streetscape Design Manual, shall also be required. Section 7: Sedions 26-210, 26-211,26-212,26-213,26-214, and 26-215 of the Code are amended to include the following subsection in each such Sedion: C. Design standards: for site development except single-or two-family homes, development must comply with the Architectural and Site Design Manual and the Streetscape Design Manual, where applicable. Section 8: Sedions 26-216, 26-217, 26-218, 26-219, and 26-220 of the Code are amended by amending item number 12 under Subsection B.:"Development Standards," to read in each case as follows: 12. Streetscape and architectural design guidelines: See streetssape aAd . . , Architectural and Site Design Manual and Streetscape Design Manual, Section 26-224 Section 9: Sedion 26-302.C of the Code is amended to read: Sec. 26-302. General regulations. A. ... C. Each Planned Development District shall comply with the Architectural and Site Design Manual and the Streetscape Design Manual, which may be amended from time to time, as established in Section 26-224. Variations from either manual within a Planned Development District will be allowed where such variations are established in the approved Outline Development Plan. Section 10: Section 26-306.5.A of the Code is amended to read: Sec. 26-306.5. Planned Mixed Use District. 4 A. Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan, the Architectural and Site Design Manual and the Streetscape Design Manual StI'ee-tl;{~~"*l-Arotlff·reet~ It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. Section 11: Section 26-407.E of the Code is amended to read: Sec. 26-407. Final plat. A. E. Required supplemental reports. Additional information and other documents which may be required at the time of submission of the final plat shall be: 1. A drainage plan and report of the area in accordance with standards adopted by the public works department. 2. A grading plan showing existing and proposed contours at two-foot intervals if the slope is less than ten (10) percent or five (5) feet if the slope is greater than ten (10) percent. 3. Complete engineering plans and specifications for all public facilities to be installed, i.e., water and sewer utilities, traffic control devices, traffic calming features, streets, street lights, street signs and related public improvements, bridges, and storm drainage, including design analysis when required. 4. landscaping Streetscape plans for areas within public R.O.W. according to the Wheat Ridge Streetscape Design Manual Manual fer Streetscape Desig-n. See section 26-224. 5. Plans for other public or private improvements required by the ~ Streetseape Design Streetscape Design Manual or ,'\rel1iteetural Design Overlay District the Architectural and Site Design Manual. 6. 6. If public land dedications are not conveyed by plat, the final plat shall be accompanied by final executed copies of any deeds, easement deeds, or other documents of conveyance required to convey interest in land to the city or to other agencies. The deeds shall be accompanied by a title insurance policy or other evidence that the land is free and clear from all encumbrances. 7. Traffic impact analysis and report in accordance with standards adopted by the public works department. 8. Agreements made with ditch companies when needed. 9. Guarantee(s) for public improvements as required under section 26-413. 10. Title commitment for title insurance. 5 11. Subdivision improvement covenant or agreement. 12. A recordable homeowners association declaration and/or agreement providing for the care and maintenance of common grounds within the subdivision which shall be enforceable by the city through code enforcement action. 13. A computer readable drawing may be required to be submitted on a floppy disk. The information shall be compatible with the current Autocad release and include, but not limited to, ties to a minimum of two (2) section (land) comers, exterior boundaries, interior lot lines, easements, rights-of-way (existing and proposed), all to include bearings and distances. 14. Copies of survey field notes. 15. Copies of deeds. 16. Geological stability information. 17. Any other information as required by the department of community development. Section 12: Section 26-412.F ofthe Code is amended to read: Sec. 26-412. Required subdivision improvements. F. Streetscaping/archit ectura/standards improvements. The subdivider is responsible for construction of any streetscape or architectural features required by the MamIaI--fe.f Streetseape Design or ArOOiteGtural Design Overlay DistriGt Streetscape Design Manual and/or the Architectural and Site Design Manual. Section 13: Section 26-417.0 of the Code is amended to read: Sec. 26-417. Easements. A. O. Sidewalk and landscape easements may be required when the sidewalk or streetscape improvements required by the Streetseape and Architectural Design Overlay Distriets Streetscape Design Manual are not within a dedicated street rightof-way. The width of this easement shall be determined by the public works department. Section 14: Section 26-502, Subsections 0, F, G and H of the Code are amended to read: Sec. 26-502. landscaping requirements. D. District requirements: 6 1. Single-and two-family residential uses: a. One (1) street tree per seventy (70) feet (or portion thereof) of street frontage to be placed within the front setback prior to issuance of the certificate of occupancy. This shall not be construed to mean trees placed seventy (70) feet on center. b. No less than twenty-five (25) percent of the gross lot area and no less than one hundred (100) percent of the front yard (exclusive of driveway and sidewalk access to the home) shall be landscaped. c. For new single family and two family residences, no more than fifty (50) percent of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. 2. Multifamily residential uses: a. Required within the minimum building setbacks abutting public right-ofway: 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) fee! on center. Trees provided in buildlng setbacks shall not replace any requirements for street trees established in the Streets cape Design Manual (see Sec. 26-224). b. In addition to trees required based upon public street frontage, one (1) tree and ten (10) shrubs are required for every one thousand (1,000) square feet of required landscape area. c. Except for pedestrian and vehicular access, the minimum required front yard shall be fully landscaped. d. Landscaping shall not be less than thirty (30) percent of the total lot area. e. For new multi-family developments, no more than sixty (60) percent of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. 3. Nonresidential uses: a. Required within the minimum building setbacks abutting public rightsof-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 Sec. 26-224). b. In addition to trees required based upon public street frontage, one (1) tree and ten (10) shrubs are required for every one thousand (1,000) square feet of required landscape area. c. Required landscaped areas shall be as follows: (1) Landscaping shall not be less than twenty (20) 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, 7 except for curb cuts. This area may be used to meet the other area requirements. This requirement may be waived by the community development diredor where build-to requirements from a mixed use zone district or the Architectural Site Design Manual apply. (3) On residentially zoned property, a minimum ten-foot landscape buffer is required adjacent to public streets abutting front or side yards. (4) For new nonresidential developments, no more than thirty (30) percent of the total landscaped coverage on the lot shall be comprised of lurf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. (5) Additional requirements established in the Streetscape Design Manual may apply. if-the prGjeet-iis leeated in the Streets cape Overlay District. d. All nonresidential uses located adjacent to residentially zoned areas or agriculturally zoned areas shall provide a screened or landscaped buffer area consisting of either or both of the following: (1) A six-foot high solid fence or landscaped hedge with a mature height of six (6) feet; or (2) A strip of land at least fifteen (15) feet wide planted with a variety of vegetation and a minimum density of one (1) shrub or tree per every two (2) linear feet of buffer area adjacent to the residential or agricultural zoned property. Nothing contained in this section shall prohibit any landowner from landscaping in excess of the minimum requirements stated herein, either on their property or within public right-of-way, if approved by the public works director and/or the community development director; however, offsite landscaping cannot reduce the onsite requirements. E. F. Plantings. 1. In all cases, the use of xeric/waterwise plant materials is encouraged. 2. Minimum size of plant and other materials: a. Deciduous trees: Two-inch caliper, measured one (1) foot above the ground. Trees with a caliper in excess offive (5) inches may be counted as two (2) trees. Trees with a caliper in excess of ten (10) inches may be counted as three (3) trees. b. Ornamental and flowering trees: Two-inch caliper, one (1) foot above the ground. c. Evergreen Trees: Six (6) feet in height. d. Flowering and evergreen shrubs and hedges: Five-gallon size. e. Vines and groundcovers: One-gallon size. f. Mulch: A minimum of three (3) inches in depth in areas protected from wind erosion. g. River rock: A minimum of one (1) inch to two (2) inches in size and at least three (3) inches in depth over a weed barrier groundcover. h. 1!'lhen re.q uired in the Stre.e ts cape Overlay District, street trees 8 three (3) Ineh elearenec to the Is'.west-bral'lel=ies. 3. Completion of landscaping. When the final landscape plan is submitted, a date for completion of all plantings and related work shall be included on the plan. Landscaping shall be installed and completed prior to the issuance of a certificate of occupancy. In extenuating circumstances, such as adverse weather, where occupancy is requested prior to completion of landscaping, an irrevocable letter of credit or escrow account shall be accepted for the completion of necessary landscaping, said financial guarantee to be equal to one and one-fourth (1 1/4) times the cost of the landscaping. A cost estimate for landscaping not installed at that time shall be presented to the department of community development for approval. Letters of credit or escrows shall not be released until all planting and finish materials shown on the approved landscape plan are installed and accepted. The amount of the escrow or letter of credit shall be determined by the department department of community development based on the submitted landscaping plan. Should the required landscaping not be properly installed upon the expiration of the letter of credit or escrow account, the city reserves the right to use such funds to have the required landscaping placed upon the subject premises. Any costs incurred by the city in excess of the funds provided by the letter of credit or escrow shall be recovered by the city through normal lien proceedings. G. Maintenance. 1. The developer, its successor and/or the property owner shall be responsible for regular weeding, irrigating, fertilizing, pruning or other maintenance of all plantings as needed in order to ensure the survival of any required landscaping. The city may require the removal and replacement of such required landscaping where dead, diseased or damaged landscaping is found. 2. Minor changes in the approved landscaping plan may be made with the approval of the director of community development if the total area of landscaping is not not reduced below minimum standards and placement is not substantially changed. 3. All property owners/occupants shall be responsible for maintenance of landscaping within the portion of the public right-of-way between the back of the curb or street pavement and adjacent private property. H. Acceptable street trees shall be determined by the community development direotor. Street trees, whether on private property or in the public right-of-way, m . . . . shall conform to the plant list contained in the Streetscape Design Manual str&eteoape and arohiteeturel design manual. Section 15: Section 26-1110.G of the Code is amended to read: Sec. 26-1110. Open Space Requirements. 9 G. Streetscaping: all new development, including expansions of an existing structure by 50 percent or more of the floor area, shall meet the requirements in the City of Wheat Ridge Streetscape aRd Ars-1liireetuFaff Design Manual. Section 16: 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 17: 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 18: 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 _ to __ on this _ day of_, 2011, ordered it published with Public Hearing and consideration of final passage set for March 28, 2011 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 , 2011. SIGNED by the Mayor on this ___ day of _______ , 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney 10 First Publication: _------_____ _ Second Publication: -:-.,--_________ _ Wheat Ridge Transcript: _________ _ Effedive Date: _____________ _ 11 City of Wheat Ridge Streetscape Design Manual Final Draft for City Council Adoption 03.14.2011 ~ ~ . ~ , • • City of . rWheat~ge Attachment 2 TABLE OF CONTENTS CHAPTER 1 -Introduction 1.1. Historical Context . .. ......... •••••.•.. • .. .. . . .... . ........ 1 1.2 Purpose .................... . .... ........................ 2 1.3 Applicability ......... . ... . .. .. ... ...... . . .. .. .. • •••....... 2 1.4 Procedures ............................. • • • • •. .. ........ 3 1.5 Definitions. . . . . . . • • . . • . . . . • • • • • • . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.6 Street Types ............................ ..... .... .... .... . 6 CHAPTER 2 -Priority Corridors 2.1. W. 38th Avenue. . . . . . . . . . . . . . . . ... ..................... 10 2.2 Wadsworth Boulevard. . . . . ...... ... . . ...... .. .... .... 11 2.3 Kipling Street ............................. ..... • . . ........ 14 2.4 W. 44th Avenue ... . ..... . .. ... ....... .. .. ..... • ........... 15 2.5 Youngfield Street .......................................... 16 2.6 Transjt~Oriente d Development Area .......................... 17 CHAPTER 3 -Design Stondords ond Guidelines 3.1. Sidewalks ................................................ 21 3.2 Amenity Zones. . . . . . . . . . . . . ........................... 22 3.3 Street Trees ...... . . . . .............................. 24 3.4 3.5 3.6 3.7 Groundcovers and Shrubs ····.·· ..... . .. ...... ..... ..... 27 Street Furnishings . .......... ...... .••• •• • • •••............. 27 ligh~ng . ....... . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . 33 Crosswalks and Curb Ramps ................. ..... .. ...• .... 34 CHAPTER 4 -Maintenance ond Irrigotion 4.1 Maintenance ................................... •••• • .. ... 35 4.2 Irrigation ...................... .......................... 36 APPENDIX A -References Soil Volume Guidelines and References ... ........ .......... 39 Structural Soil Reference .................... • • •.• •• • ........ .. 40 Tree Protection Reference ................. . . . .. . . ..... . 42 APPENDIX B -Recommended Plont List Recommended Shrubs ............ ... .... . . ......... ......... . ...... . 47 Recommended Grasses and Groundcovers ... .. 49 Recommended Street Trees .................... •••• •........ .... 50 Wheal Ridge SIreelscape Design Manual CHAPTER 1 -INTRODUCTION The Wheat Ridge Streetscape Design Manual establishes design standards for important corridors throughout the City. This manual is intended to promote high-qua lity streets that encourage pedestrian use and enhance the public realm. 1.1 Historical Context Wheat Ridge had its origins in the silver and gold rush days of Colorado in the late 1800's. Miners traveled back and forth between Golden, Blackhawk and Central City through what is now the City of Wheat Ridge to Denver. Eventually, farmers settled Wheat Ridge and the routes between Denver and points west became established as the main thoroughfares we know today. Wheat Ridge became an incorporated City in 1969. Wheat Ridge, like many satellite suburban communities, does not have an historical main street or town center. Residential development radiated out from Denver and the commercial activity developed along the main thoroughfares. Today these thoroughfares remain as Wheat Ridge's main commercial corridors: W. 38th Avenue, W. 44th Avenue, Sheridan Boulevard, Wadsworth Boulevard, Kipling Street and Youngfield Street. The City's suburban development pattern has created a diverse and eclectic character in the community. On the east side of Wheat Ridge development followed the traditional Denver urban grid pattern. The development pattern east of Wadsworth Boulevard is more dense and compact and the structures are older. As development moved west of Wadsworth, the pattern became more suburban with curved streets, cul-de-sacs and lower density development. Farther to the west, lower-density residential and agricultural uses remain. Historica lly, many of the City's commercial corridors were pleasant, treelined country lanes with smaller scale neighborhood-oriented retail shops. The proliferation of automobile travel as the main mode of transportation was at odds with creating pedestrian-friendly and pedestrian-oriented developments. The suburban development pattern moved buildings from the street edge and placed large parking lots between the building and street. Streets once characterized by small-scale buildings with intimate settings became disorganized streetscapes dominated by parking lots, overscaled signs and under-utilized or non-existent sidewalks. Wheat Ridge's commercial corridors provide many benefits to the City and surrounding neighborhoods. These corridors serve as gateways into the City and establish the image of the City. They provide service, shopping, dining, cultural and entertainment opportunities for residents of the adjacent neighborhood, the city and the region. Business activity along these Wheat Ridge streetscape Design Manual Figure 1.1 -The Wheat Ridge float in a 1914 parade along on early Denver streetscape Figure 1.2 -The first Wheat Ridge post office, now preserved in the Wheat Ridge Historical Pork Figure 1.3 -Existing commercial streetscope on Wheat Ridge's W 38th Avenue Figure 1.4 -The Streetscope Design Manual is intended to promote multimodal streets thor encourage use by pedestrians and bikers, as well as cors (W 32nd Avenue in Wheat Ridge) 2 corridors provides a significant tax base for the City. Commercial corridors should help connect neighborhoods and add to a sense of community pride. This manual is intended to improve the design and appearance of major corridors within the City. Quality streetscapes are a vital component to a thriving community. The standards in this manual support the City's goals for transforming its commercial corridors into more pedestrian-friendly, lively streets lined with mixed-use development. 1.2 Purpose The purpose of the Wheat Ridge Streetscape Design Manual is to: • Promote high-quality streetscapes that contribute to the overall character and identity of the City • Promote multi-modal streets that encourage pedestrian use, enhance the public realm, and complement compact, mixed-use development patterns • • • Encourage the use of draught-tolerant, low-water plants that promote water conservation Establish standards and guidelines for the streetscape design of all collector and arterial streets within the City of Wheat Ridge, with a particular focus on priority corridors identified in Chapter 2 Create design standards and guidelines that are consistent with: 1. The City of Wheat Ridge Bicycle and Pedestrian Master Plan 2. The City of Wheat Ridge Comprehensive Plan, Envision Wheat Ridge 3. The zoning rules and regulations of the City of Wheat Ridge 4. The City of Wheat Ridge Parks and Recreation Master Plan Many of the design guidelines within this manual are based on the City's former Streetscape and Architectural Design Manual, adopted in 2001. This updated Streetscape Design Manual was developed to provide consistency with the updated Comprehensive Plan, adopted in 2009, and the Bicycle and Pedestrian Master Plan, adopted in 2010. 1.3 Applicability The standards and guidelines in this manual apply to: • Any new development along collector and arterial streets, identified in the Roadway Classification Map (Figure 1.14). This includes new development, redevelopment, and additions over SO percent of the existing floor area. • Improvements to existing collectors and arterials. • The new construction of collectors, arterials, or any local street serving mixed use or commercial development. • Any City-funded street improvement project. This manual only applies to arterial and collector streets, as well as local streets serving mixed use or commercial development. It does not include any standards for semi-urban street typologies. which feature roadside Wheat Ridge Sireetscape Design Manual ditches and often lack sidewalks. There are few existing semi-urban arterial or collector streets in the city, and the City intends to transition existing semi-urban cross-sections into urban cross-sections, which include curb, gutter and sidewalk. Where there is inadequate street right-of-way to construct the improvements required in this manual, the City shall have the right to obtain additional right-of-way or easements on private property to accommodate the improvements. 1.4 Procedures All new development or redevelopment meeting the criteria above in Section 1.3 Applicability shall submit a complete streetscape plan to the City for review. The streetscape plan shall be included with the application for either (1) Site Plan Review or (2) Building Permit Review, whichever occurs first. The streetscape plan shall include all necessary information to show compliance with the standards and guidelines within this document, including but not limited to: • landscape plan showing all plantings in the streetscape area, with dimensions and spacing labeled. • location plan showing all street furnishings, with dimensions and spacing labeled. • lighting plan showing all existing and proposed lights, with dimensions and spacing labeled. • Utility plan, showing the location of all existing and proposed utilities in the streetscape. • Details and section drawings for any proposed tree vaults. • Cut sheets for all proposed lighting fixtures and street furnishings. As part of the Site Plan or Bui lding Permit review, City staff will review all streetscape drawings for compliance with this document. The drawings will also be referred to utility companies for review and approval. Approval of the streetscape plan will be required prior to the final approval of the Site Plan or Building Permit application. The following items will also be required for submittal to the Public Works Department prior to the construction of any streetscape improvements: • For private improvements, a signed Development Covenant and maintenance agreement guaranteeing construction and perpetual maintenance, in a format approved by the Public Works Director. • For public improvements, a signed public improvement agreement or subdivision improvement agreement including a cash bond or letter of credit, in an amount approved by the Public Works Director and deemed by him/her to be sufficient to guarantee such construction. The subdivision improvement agreement and letter of credit shall be administered in the same manner as provided by the Code of Laws Section 26-110 and cross references therein. Wheat Ridge Streetscape Design Manual Figure 1.5 -Example 0/0 hordscoped amenity lone, or the buffer between the sidewalk and roadway (Old South Gaylord Street in Denver) Figure 1.6 -Example 0/a landscaped amenity lone, or the buffer between the sidewalk and roadway, 0150 called a tree lawn (W 38th Ave in Wheat Ridge) 3 Figure 1. 7· In most cases, required streetscope improvements from this manual con be designed to align with abutting properties thor do not have similar improvements, as shown in the image above. Payment in Lieu of Construction of Improvements: in the event that the subject property is located such that the required streetscape improvements will not connect to a similar improvement on the same block, the applicant may request that the City accept payment of funds in lieu of constructions for all or portions of the streetscape improvements which would otherwise be required by this manual, which is authorized by Section 26-224 of the Code of Laws. Such request shall be submitted to the Public Works Director in writing. In the event that the Public Works Director approves such a request, in whole or part, the applicant shall deposit with the City certified funds in the amount agreed by the Public Works Director as sufficient to construct the improvement. Upon such deposit, the City shall assume responsibility responsibility for construction and maintenance of such improvements. The funds deposited in escrow shall be held by the City exclusively for construction and maintenance of the streetscape improvements, and shall be administered in the manner provided by Section 26-110 of the Code of Laws and the cross references contained therein. The City may require right-of-way dedication and/or easements from within the development or re-development to accommodate future improvements. 'I I I Zone! t I Buffer! Ii Zone I I Optional I Private I Amenity I z~ I 4 I I I I " StreetscaI pe " Roadway • , Streetscape I I Figure 1.8 -Cammon components of the street. Wheat Ridge Streetscape Design Manual 1 .5 Definitions There are several terms used regularly in this document, which are defined below on the following pages. Amenity Zone: the portion of the streetscape between the curb and the sidewalk, and also referred to as a "buffer." The amenity zone may be hardscaped or landscaped and provides a buffer between the sidewalk and parking or driving lanes on the street. Landscaped amenity zones may also be called "tree lawns." The amenity zone is the location for street lights, street trees, street amenities and furniture, bike racks, and utilities. Arterial Street: a roadway that serves high traffic volumes and provides access to regional destinations, economic centers, and freeway interchanges. Arterials typically have limited access points and are bordered by commercial land uses. Principal arterials serve high traffic volumes and provide access to regional destinations, economic centers, and highway interchanges. Examples of principal arterials in Wheat Ridge include Wadsworth Boulevard and Kipling Street. Minor arterials serve less traffic volu me than principal arterials but stilt connect regional destinations. Examples of minor arterials in Wheat Ridge include Youngfield Street and W 44th Avenue. Building Facade: the face, or outside wall, of a building. Collector Street: a roadway that serves moderate traffic volumes and primarily provides connections between neighborhoods and the arterial roadway system. Collectors may be bordered by commercial and/or residential land uses. Entry Walk: a paved walkway which extends from the sidewalk or building face to the street, providing a pedestrian route to on-street parking areas through a landscaped amenity lone. Hardscape: exterior surface areas covered with concrete, pavers, brick, stone, or a similar surface and not intended for vehicular use. local Street: a roadway that serves low traffic volumes and is primarily used to gain access to the property bordering it. Private Amenity Zone: the portion of the streetscape between the sidewalk and the building face. This is an optional portion of the streetscape that is common in retail areas. The private amenity zone contains elements such as outdoor seating, planters, and cafe tables. Right-of-Way: the land area owned by the City that forms the public street. The right-of-way typically contains road improvements, utilities, sidewalks, amenity zones, landscaping, lighting and street furniture. Roadway: the portion of the street where vehicles, including cars and bicycles, travel. Wheal Ridge Sireeiscape Design Manual Figure 1.9 · West 44th Avenue in Wheat Ridge is on example of a minor arterial street with four lanes Figure 1.10 -Example of on entry walk Figure 1.8 -Example of a "semi·urban" street, with no curb, gutter or sidewalk (W 29th Ave in Wheat Ridge) 5 Figure 1.11 -Example of on "urban" street, with curb, gutter, and sidewalk (Harlan Sfreet in Wheat Ridge) Figure 1.10 -Example af a step-out strip 6 Semi-Urban Street : a street that does not have curb and gutter, but instead has a road -side ditch next to the roadway. This manual does not include standards or guidelines for semi-urban streets. For typical cross-sections of semi-urban street, see the Wheat Ridge Bicycle and Pedestrian Master Plan. Sidewalk: a paved walkway between the amenity zone and the building face, or between the amenity zone and a private amenity zone. Step-out Strips: also called landing walks, step-out strips are paved strips adjacent to the curb where landscaped amenity zones, or tree lawns, border on-street parallel parking. Step-out strips provide a way for people to enter and exit their car without damaging the landscaped area and are typically used in conjunction with entry walks. Street scape: the general area between the curb and building face where pedestrian activity is concentrated. The streetscape area includes the sidewalk, amenity zone (landscaped or hardscaped), and the optional private amenity zone. Urban Street: a street that contains curb and gutter, rather than the semiurban road-side ditch. All of the standards and guidelines in this manual apply to urban streets. Xeriscape: landscaping that utilizes low-water plants to promote water conservation. 1 .6 Street Types Arterial Streets Arterial streets serve high traffic volumes, provide access to regional destinations, have limited access points, and are typically lined with commercial land uses. Principal arterials have the highest traffic volumes, while minOr arterials serve lower volumes. The arterial streets in Wheat Ridge, as illustrated in the Roadway Classification Map (Figure 1.15), are: • Wadsworth Boulevard • Kipling Street • Ward Road • Sheridan Boulevard • • • • • Youngfield Street (minor arterial) W. 38th Avenue (minor arterial west of Kipling Street) w. 44th Avenue (minor arterial) W. 32nd Avenue (minor arterial) W. 26th Avenue (minor arterial) Arterial streets may have as many as five to six traffic lanes, including a center turn lane and/or center median. Wheat Ridge Sireeiscape Design Manual :::::: --Figure 1.15 City of Wheat Ridge Roadway Classifications 2.000 LEGEND -Colleclor --Minor Arterial --_ .-. .., Principal Arterial L .. .J City of Wheal Ridge Boundary N I o 2.000 State Plane Coordinate Projection Colorado Cenlral Zone Datum: NAD83 4,000 Feet PISCIAIMER NODCE: Tills Is. plctolial representation of geographic and demogr1lphlc ,"formalloo . Reliance uPOf1lhe accuracy, reliability and authority of thl' in formation IIloiely requestor', responsibility. The City 01 Wheat RIdge, In Jetfenon County. CoIOftido -8 political subclivl!lion 0/IhO St.1e Of Colorado, hi' compiled for its use certain computerIZed information. ThIs Inlonnalloo II available to Bask! In 11:MIn~lyIng genaral .r081 0/co~n only. The compuleril:ed inlormatlon provided Ihoold on~ be relied upon wllh COtfobc)ration of the method., UlumpllCWI., and results by. qUil6fied lndepen6ent source, The U_ 01 Ihla information _/'Ia.lndemnify and I'JOId free Ihe City 01 Wheal Ridge from any and II Habilitkls, damalilitS. lawsuits. and 0.1.11810/action Ihll re,ult I •• consequence of his reliance 011 ,,'ormatlon pJOYided herein. :(V .P'c:itYOr WheatR.Ldge DATE: 09/09/2010 .. . .. ' .. , T T r T '. • ~ , ~" . ~ + < . .. , . j .. ~ ••• ' ..... . , --• •• . . . . . • , -... ~ i L. r: ···-·6· ····.i .ij I 50TH PL -: • • +-... j... ..I. • .! .... . , ... •• "-e ' -"~"-"II! i.:• i • " . • • ~. . , . . .. .. t ..... •• -. . .' , . , . t i ., :' i . I • ~-4 ;.~._.I '. . -. t: .f .. --... t .1' ... • ! " ",,_0. . ! : ·i ..'. ....... ., " , . -+ , . • '''j -; . , . ~-, -. . . ., ." ---h , -• , . I• :tisi ;I ., .•..• -: 1:0 \ ,. , •• i ! ':'" I ,,_.1 .. 11_, , i ....... "L i .. ", ! ~-C-.-•. 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' . , , .. ... ! ;-, ....... u_ .... . ,-, + . , .., , . . . . , . . , ~ .. . . , . • t , . Not to Scole Figure 2.1 Streetscape Design Manual Priority Corridors 1 W. 38th Ave between Sheridan and Wadsworth 10 W. 38th Ave: fu ture streetscape improvement area (west of Harlan) 2 Wadsworth between W. 32nd Ave and 1-70 20 Wadsworth between W. 38th Ave and W. 44th Ave (mixed use town center) 3 Kipling between W. 35th Ave and W. 51st Place 40 W. 44th Ave between Harlan a nd Ammons 4b W. 44th Ave between Everett and 1-70 5 Youngfield between W. 32nd Ave and Highway 58 6 Future Transit-Oriented Development (TOD) Note: numbers are for labelinig purposes only and do not indicate ronkings or priority levels =(7. ~ilyor WheatR.Ldge Collector Streets Collector streets serve moderate traffic volumes and primarily provide connections between neighborhoods and the arterial roadway system. The collector streets in Wheat Ridge, as illustrated in the Roadway Classification Map (Figure 1.15), are: • Tabor Street (north of W. 44th Ave) • Ridge Road • Miller Street (north of W. 48th Ave) • Independence Street (north of W. 48th Ave) • Garrison Street (north of W. 48th Ave) • Pierce Street (south of W. 44th Ave) • Harlan Street (north ofW. 32nd Ave) • Marshall Street (between 1-76 and Lamar Street) • • • • • Cabela Drive W. 50th Avenue (between Ward Road and Independence) W. 49th Avenue (between Kipling and Garrison) W. 48th Avenue (between Lamar and Harlan) W. 29th Avenue (between Wadsworth and Sheridan) Collector streets typically have two to three traffic lanes, including a center turn lane and/or center median. Local Streets Local streets serve low traffic volumes and typically have two lanes. Existing local streets in the City provide access access to residential land uses and are not subject to the standards or guidelines in this manual. However, where new local streets are constructed to serve mixed use orcommercial development, the requirements in this manual shall apply. Wheat Ridge Sireeiscape Design Manual Figure 1.13 -Wadsworth Boulevard is an example of a five -lane principal arterial street in Wheat Ridge Figure 1.14 -Harlan Street is an example of a three-lone collector street in Wheat Ridge 7 CHAPTER 2 -PRIORITY CORRIDORS The purpose of this chapter is to establish design goals, standards, and guidelines for key corridors in Wheat Ridge. Chapter 3 outlines design standards and guidelines that apply generally to all streets. This chapter supplements Chapter 3 by creating additional goals for the most important streets in the City. These streets, identified in the Priority Corridor Map (Figure 2.11, represent those corridors where mixed use and commercial development is most likely to occur based on the City's adopted plans. Priority corridors deserve well-designed streetscape improvements that exceed the minimum standards established in Chapter 3. Applicants should first refer to this chapter in order to understand the vision and requirements for specific corridors, and then to the general standards and guidelines in Chapter 3. The priority corridors are consistent with the corridors identified in the Comprehensive Plan, Envision Wheat Ridge, and include the following streets: • W. 38th Avenue between Sheridan and Wadsworth • • • • Wadsworth Boulevard between W. 32nd Ave and 1-70, with a mixed use town center between W. 38th Ave and W. 44th Ave Kipling Street between W. 3Sth Ave and W. Slst Place W. 44th Avenue between Harlan and Wadsworth and between Everett and 1-70 Youngfield Street between W. 32nd Ave and Highway 58 Streets with the future Transit-Oriented Development (TOO) at Ward Road Station Please note that Harlan Street, north of 38th Avenue, is also a priority commercial corridor for Wheat Ridge. However, this street already contains cohesive streetscape improvements, installed by the City in 2001, and thus it is not included in this chapter. For each priority corridor, design goals outline the vision for the character and quality of the streetscape design. The goals are followed by design standards and guidelines that help to ensure the vision is met. Design Standards are objective criteria that require compliance. Standards often utilize the term "shall" and must be followed unless there there is a unique condition or hardship that prevents their application. Design standards are underlined. Design Guidelines are criteria that are strongly recommended, and should be followed wherever feasible. Guidelines often use the terms "should" or "encouraged." For any priority corridor, where bus stop benches are required, bus shelters may be permitted as an alternative, given appropriate ridership levels and approval by the Department of Public Works. Wheat Ridge Streetscape Design Manual Priority Corridors: • West 38th Avenue between Sheridan and Wadsworth • Wadsworth Boulevord between Kipling Street between W. 35th Ave and W. 51 st Place West 44th Avenue between Harlan ond Wadsworth Young field Street between W. 32nd Ave and Highway 58 Stree ts within the future TOD o rea Figure 2.2 -Existing streetscape improvements on W. 38th Ave between Sheridan and Harlan 9 Figure 2.3 -Example of the sidewolk on W. 38th Ave west of Harlan, where there are no streetscape enhancements Figure 2.4 -This streetscape in Old Town Arvada represents the type of highquality, pedestrian-friendly atmosphere that is envisioned for W. 38th Ave Figure 2.5 -The stondard metal bench and trash con to be utilized on W. 38th Avenue, including at bus stops 10 2.1 West 38th Avenue w. 38th Avenue between Sheridan and Wadsworth is envisioned as a Vibrant, pedestrian-friendly street lined with a mix of uses. Its history, central location, and unique mix of businesses make it a special destination. Envision Wheat Ridge designates the street as a main street corridor, calling for neighborhood-oriented retail and mixed-use development along the street. The Bicycle-Pedestrian Master Plan recommends a full sidewalk and amenity zone for the corridor as well as a shared on-street bicycle facility. The City will begin a Corridor Plan for W. 38th Avenue in 2011. Recommendations within the completed plan for roadway and streetscape improvements will guide future amendments to the requirements for W. 38th Avenue in this manual. The City completed significant streetscape improvements to W. 38th Avenue, between Sheridan and Harlan, in 2002. However, there are large portions of the street west of Harlan that lack adequate sidewalks or amenity zones. The following goals, standards, and guidelines shall apply to any new streetscape improvements on W. 38th Avenue between Wadsworth and Harlan (the area labeled 1.a on Figure 2.1). Design Goals Establish a high-quality streetscape that complements the vision for W. 38th Avenue to become a primary destination within the City. Create a vibrant streetscape environment that prioritizes the pedestrian and forms a cohesive image for the corridor. Establish high-quality sidewalks with enhanced paving patterns and materials. Provide a public amenity zone with enhanced streetscape amenities including street trees, plantings, and benches that are compatible with the character of the existing streetscape amenities on W. 38th Avenue between Harlan and Sheridan. Design Standards and Guidelines A. Sidewalk width: the streetscape on W. 38th Avenue shall include a sidewalk at least 8 feet wide. B. Public amenity zone width: the streetscape on W. 38th Avenue shall include a public amenity zone at least 6 feet wide between the sidewalk and roadway. C. Public amenity zone design: the public amenity zone shall be landscaped. except where ad jacent to on-street parking. where hardscape amenity lones are encouraged. Landscaping may include ornamental grasses and/or groundcover and should incorporate low-water use plants. Any hardscaped amenity zone shall be distinguished from the sidewalk through the use of textures. integral color. or scoring patterns. Pavers or flagstone should be used in combination with the concrete to provide interesting patterns and to enhance the amenity lone's design. D. Private amenity lanes: where sidewalks are adjacent to Wheat Ridge Streetscape Design Manual buildings with restaurant or retail uses, private amenity zones with additional pedestrian amenities and outdoor seating areas are encouraged. Where sidewalks abut parking lots, landscaped private amenity zones are encouraged to help buffer the pedestrian realm from the parking area. E. Street trees: street trees shall be planted in the public amenity zone at a minimum spacing of 35 feet on center. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: metal benches. consistent with the design of the existing metal benches within the W. 38th Avenue streetscape (Figure 2.SI. shall be provided at a minimum spacing of one bench per every 150 feet. per each side of the street. Where bus stops contain an existing vendor! advertising bench. that bench shall be replaced with the standard metal bench (Figure 2.51. Except at bus stops, benches may be placed in the private amenity zone, subject to approval by the Community Development and Public Works Departments. Additional seating areas within the streetscape, especially near corners and areas with high pedestrian traffic, are encouraged. G. Trash receptacles: next to each bench, including those at bus stops, a metal trash receptacle that is consistent with the design of the existing trash containers on W. 38th Avenue (Figure 2.5\ shall be provided. H. Planters and pots: planters and pots with flowers should be incorporated into the private or public amenity zone, especially near benches and within hardscaped public amenity zones. I. Gateway markers and banners: banners and gateway markers that identify and brand the W. 38th Avenue corridor are encouraged. Pedestrian lights should include brackets that may be used to hang banners. 1. Pedestrian lighting: the existing acorn-style pedestrian lights on W. 38th Ave west of Harlan Street (Figure 2.6) shall be relocated or replaced so that they are regularly spaced at 65 feet on center within the public amenity zone. Variations in spacing may be allowed due to existing obstructions, utility boxes, or other constraints. Existing light fixtures should be replaced with an acorn fixture with shielding to prevent light pollution, subject to approval by Xcel and the Department of Public Works. 2.2 Wadsworth Boulevard Wadsworth Boulevard is a primary commercial arterial that forms an important north-south connection within the City. The street carries I,igh traffic volumes and is a state highway controlled by the Colorado Wheot Ridge Streetscape Design Manual Sidewalk I I I Public I IAmenitYI I Zone I Figure 2.6 -Typical section for streetscope improvements on W. 38th Avenue between Harlan and Wadsworth Figure 2. 7 -Example of existing acorn pedestrian lights on W 38th Avenue, between Harlan and Wadsworth 1 1 Figure 2.7 -Example af the existing streetscape environment on Wadsworth Figure 2.8 -This street in Toronto demonstrates the wide sidewalk and quality public amenity lone that is envisioned for Wadsworth, especially in the Town Center Area 12 Department of Transportation (COOT). Today, the street lacks sidewalks in many locations and nearly the entire corridor lacks an amenity zone. Envision Wheat Ridge and the Wadsworth Corridor Subarea Plan (2007) create a vision for Wadsworth to be redeveloped into a mixed-use, multi modal corridor with pedestrian and streetscape improvements. The portion of the corridor between W. 38th Ave and W. 44th Ave is intended to become a mixed use town center for Wheat Ridge. The Wadsworth Corridor Subarea Plan proposes three alternate cross sections for Wadsworth between W. 26th Avenue and W. 48th Avenue that recognize COOT's long-term plans to widen the street, potentially up to a total right-of-way width of 150 feet. The Bicycle and Pedestrian Master Plan identifies Wadsworth Wadsworth for pedestrian and bicycle improvements, off-and on-street bike facilities. The future design of Wadsworth has not been finalized. However, future streetscape improvements between on Wadsworth between W. 32nd Avenue and sha ll meet the following goals, standards, and guidelines. Design Goals • Create a streetscape with an attractive sidewalk and high-quality public amenity zone to buffer pedestrians from vehicular traffic. • Incorporate street trees, plantings, pedestrian lights, seating, gateway markers, and other amenities into the public amenity zone that can help identify the corridor as welt as distinguish the pedestrian environment from the roadway. Provide pedestrian connections to adjacent and intersecting local streets that serve the future mixed use town center. Design Standards and Guidelines A. Sidewalk width: the streetscape on Wadsworth shall include a sidewalk at least 10 feet wide. B. Public amenity zone width : the streetscape on Wadsworth shall include a public amenity zone at least 6 feet wide between the sidewalk and roadway. C. Public amenity zone design: the public amenity zone shall be landscaped. Landscaping may include ornamental grasses and/or groundcover and should incorporate low-water use plants. D. Private amenity zones: where sidewalks are adjacent to buildings with restaurant or retail uses, private amenity zones with additional pedestrian amenities and outdoor seating areas are encouraged. Where sidewalks abut parking lots, landscaped private amenity zones are encouraged to help buffer the pedestrian realm from the parking area. E. Street trees: street trees shall be planted at a minimum of 3S feet on center. Due to the planned widening of the Wadsworth right-of-way, street trees should be planted in the expected location of the future public amenity zone, based on a future right-at-way width of 150 feet. Wheat Ridge Streetscape Design Manual This location shall be approved by Department of Public Works. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: At least one bench shall be provided at each bus stop on Wadsworth. Where bus stops contain an existing vendor/advertising bench. that bench shall be replaced with the standard metal bench (Figure 2.5\. Within the mixed use town center area. between W. 38th Ave and W. 44th Ave. additional benches shall be provided at a minimum spacing of one bench per every 300 feet. per each side of the street. Except at bus stops, benches may be located in the private amenity zone, subject to the approval of the Community Development and Public Works Departments. G. Trash receptacles: next to each bench, including those at bus stops, a metal trash receptacle shall be provided, H. Gateway markers and banners: banners and gateway markers that identify and brand the mixed use town center area between W. 38th Ave and W. 44th Ave are encouraged. New pedestrian lights should include brackets that may be used to hang banners, L Pedestrian lighting: pedestrian lights shall be provided at a spacing of 80 feet on center. Due to the planned widening of the Wadsworth right~of-way, pedestrian lights should be placed in the expected location of the future public amenity zone, based on a future right-of-way width of 150 feet. This location shall be approved by Department of Public Works. Variations in spacing may be allowed due to existing obstructions, utility boxes, or other constraints IO'Min Future I Future I Sidewalk IAmenityl I Zone I Sidewalk Location ,IL ocationl, , , I ,.Existing ROWWidth I (Varies) I I I I I I I I . I I Pubhc J IAmenitYI I Zone I : Area 10 be removed whe .... roadway i$ wide .... ed Figure 2.9 (below) -The image on the left shows a typical cross section for how streetscope improvements may be mode to the existing ROW width on Wadsworth so that the street trees and pedestrian lights are in the locotion of the future amenity zone. The image on the right depicts the desired streetscape section after the planned ,w idening of the corridor. Future Sidewalk : PUbliC: IAmenitY I j Zone j I I Width • The sidewalk and public amenity zone should be a minimum of 10 feet and 6 feet respectively where possible. However, anticipating the future widening of Wadsworth, Public Works and Community Development may approve narrower widths 50 that the street trees and future amenity zone are located in the correct location based on the planned future width of the street. Wheal Ridge Sireetscape Design Manual 13 Figure 2.10 -Existing bench and trash receptacle at a bus stop on Kipling. This is the standard metal bench and trash can that should be used ot all bus stops 14 Figure 2.11 -Existing acorn-style pedestrian lights on Kipling 2.3 Kipling Street Kipling is a primary commercial arterial located in the center of Wheat Ridge. It carries high traffic volumes and is a state highway controlled by the Colorado Department of Transportation (CDOT). Today, significant portions of the corridor do not have a sidewalk and there is no amenity zone along the street. Envision Wheat Ridge identifies this corridor as a priority area for commercial and mixed-use redevelopment. Recommendations include adding pedestrian improvements and a multi-use trail along the east side of the street. The Bicycle-Pedestrian Master Plan also recommends potential on-street bike facilities as part of future improvements to the corridor. Future st reetscape improvements along Kipling between W. 35th Ave and W. 51st Place must comply with the below goals, standards, and guidelines. Design Goals • • • Create a streetscape with an attractive sidewalk and high-quality public amenity zone to buffer pedestrians from vehicular traffic. Incorporate street trees a pedestrian lighting within the public amenity zone to enhance the image of the street and to help separate the sidewalk from the roadway. Provide pedestrian connections to adjacent and intersecting local streets that serve future development. Design Standards and Guidelines A. Sidewalk width: the sidewalk on the west side of Kipling shall be at least 6 feet in width. The sidewalk on the east side of Kipling shall be at least 10 feet in width. B. Public amenity zone width : the streetscape on Kipling shall include a public amenity zone at least 6 feet wide between the sidewalk and roadway. C. Public amenity lone design: the public amenity zone shall be landscaped. landscaping may include ornamental grasses and/or groundcover and should incorporate low-water use plants. D. Private amenity l ones: where sidewalks are adjacent to buildings with restaurant or retail uses, private amenity zones with additional pedestrian amenities and outdoor seating areas are encouraged. Where sidewalks abut parking lots, landscaped private amenity zones are encouraged to help buffer the pedestrian realm from the parking area. E. Street trees: street trees shall be planted in the public amenity zone at a minimum spacing of 35 feet on center. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: At least one bench shall be provided at each bus stop on Kipling. Where bus stops contain an existing vendor! advertising bench, that bench shall be replaced with the standard metal bench (Figure 2.101. Wheal Ridge Slreetscope Design Manual G. Trash receptacles: next to each bench. a metal trash receptacle shalt be provided. H. Pedestrian lighting: pedestrian lights shall be provided at a spacing of 80 feet on center within the public amenity zone. Variations in spacing may be allowed due to existing obstructions, utility boxes, or other constraints. The existing acorn-style pedestrian lights on Kipling north of W. 44th Ave should be relocated or replaced within the landscaped public amenity zone. Existing light fixtures should be replaced with an acorn fi xture with shielding to prevent light pollution, subject to approval by Xcel and the Department of Public Works. . i I 6' i I I I Sidewalk! I Public I Is. I Public I Multi-Use IAmenitYI I rdewalk lAmenity I Trail I Zone I I I Zone I Figure 2.12 -The image on the left shows the typical streetscape section for Kipling on the east side of the street. The image on the right shows the typical section on the west side of the street. 2.4 West 44th Avenue w. 44th Avenue is an important east-west route through Wheat Ridge. It is a minor arterial lined with commercial and residential uses. Envision Wheat Ridge identifies most of this corridor (between Harlan Street and Ammons Street and between Everett Street and 1-70 on the west end of town) as a neighborhood commercial corridor that is appropriate for commercial and mixed-use redevelopment. The Bicycle-Pedestrian Master Plan calls for a bike lane along the street between Harlan and Kipling. The existing streetscape on W. 44th Avenue varies. In many locations the street has a 4 foot wide sidewalk with a narrow hardscape amenity zone (typically 3 to 4 feet wide) with no street trees or street furnitu re. Future improvements to the corridor between Harlan Street and Ammons Street and between Everett Street and 1-70 must comply with the following goals, standards, and guidelines. Figure 2.13 -Example of existing streetscape environment on W 44th Avenue Wheat Ridge Streetscape Design Manual 15 I 'j I L. I Public I rldewalklAmenity I I I Zone I Figure 2.14 -Typical streetscope section for W 44th Avenue Figure 2.15 -Example of existing sidewalk with no amenity zone on the east side of Youngfield 16 Design Goals • Create a streetscape with an attractive sidewalk and high-quality public amenity zone to buffer pedestrians from vehicular traffic. Incorporate street trees and pedestrian lighting within the public amenity zone to enhance the image of the street and to help separate the sidewalk from the roadway. Design Standards and Guidelines A, Sidewalk width: the streetscape on W. 44th Avenue shall include a sidewalk at least 6 feet in width. B. Public amenity zone width : the streetscape on W. 44th Avenue shall include a public amenity zone at least 6 feet wide. C. Public amenity lone design: the public amenity zone sha ll be landscaped. Landscaping may include ornamental grasses and/or groundcover and should incorporate low-water use plants. D. Private amenity lones: where sidewalks are adjacent to buildings with restaurant or retail uses, private amenity zones with additional pedestrian amenities and outdoor seating areas are encouraged. Where sidewalks abut parking lots, landscaped private amenity zones are encouraged to help buffer the pedestrian realm from the parking area. E. Street trees: street trees shall be planted in the public amenity zone at a minimum spacing of 35 feet on center. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: At least one bench shall be provided at each bus stop on W. 44th Ave. Where bus stops contain an existing vendor/advertising bench. that bench shall be replaced with the standard metal bench (Figure 2.11\. G. Trash receptacles: next to each bench. a metal trash receptacle shall be provided. H. Pedestrian lighting: pedestrian lights shall be provided at a spacing of 80 feet on center within the public amenity zone. Variations in spacing may be allowed due to existing obstructions, utility boxes, or other constraints. 2.5 Youngfle ld Street Youngfield is a primary commercial arterial that runs along the western edge of Wheat Ridge. The street is bordered by an 1-70 immediately to the west and provides access to a large commercial development on the east. Today, most of the street has a 4 foot wide sidewalk along the east side only with no amenity zone, street trees, or street furniture. Envision Wheat Ridge highlights Youngfield as a primary commercial corridor and recommends adding on-street bicycle facilities. The Bicycle-Pedestrian Master Plan also recommends an on-street bike facility and multi-use trail along the east side Wheat Ridge Streetscape Design Manual of the street to connect with the Clear Creek Trail. Future improvements to the Youngfield streetscape, on the east side of the street only, must match the goals, standards, and guidelines outlined below. For the portion of YoungfieJd north of W. 42nd Ave, which will be realigned under COOT's 1·70 State Highway 58 Interchange project, the following requirements shall not apply until the realignment is complete. Design Goals • Create a streetscape with an attractive sidewalk and high-quality public amenity zone to bu ffer pedestrians from vehicular traffic. • Incorporate street trees and pedestrian lighting within the public amenity zone to enhance the image of the street and to help separate the sidewalk from the roadway. Design Standards and Guidelines A. Sidewalk width: the streetscape on Youngfield shall include a sidewalk at least 10 feet in width. B. Public amenity lone width: the streetscape on YoungfieJd shall include a public amenity zone at least 6 feet wide. C. Public amenity lone design: the public amenity zone shall be landscaped. landscaping may include ornamental grasses and/or groundcover and should incorporate low-water use plants. D. Private amenity lones: where sidewalks are adjacent to buildings with restaurant or retail uses, private amenity zones with additional pedestrian amenities and outdoor seating areas are encouraged. Where sidewalks abut parking lots, landscaped private amenity zones are encouraged to help buffer the pedestrian realm from the parking area. L Street trees: street trees shall be planted in the public amenity zone at a minimum spacing of 3S feet on center. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: At least one bench shall be provided at each bus stop on Youngfield Street. Where bus stops contain an existing vendor/advertising bench, that bench sha ll be replaced with the standard metal bench (Figure 2.111. G. Trash receptacles: next to each bench. a metal trash receptacle receptacle shall be provided. H. Pedestrian lighting: pedestrian lights shall be provided at a spacing of 80 feet on center within the public amenity zone. Variations in spacing may be allowed due to existing obstructions, utility boxes, or other constraints. 2.6 Transit-Oriented Development Area This priority area encompasses a 1/4 mile radius around the future Ward Road commuter rail station at the end of the Regional Transportation Wheat Ridge Streetscope Design Manual 6 • 10' Min 5idewalkf Multi-Use Trail I 6'Min I Public I IAmenitYI I Zone I Figure ].16 -Typical streetscape section for Youngfield Street 17 • 8'Min Sidewalk I 6'Min I Public I IAmenitYI I Zone I Figure 2.17· A typical street section for commercial and mixed use streets in the planned TOD area Figure 2.18 -f. 29th Avenue in Denver demonstrates the character of streetscope envisioned for streets serving commercial and mixed use development at the future TOD area 18 Districts (RTD's) Gold Line rail corridor. The station's proposed location near Ward Road and W 50th Place is a largely industrial area where there are few improved streets. The City's plans for the area, including the Northwest Subarea Plan (2006) and Envision Wheat Ridge, call for t ransit-oriented development (TOO) that wilt support transit ridership, incorporate compact development with a mix of uses, and promote pedestrian and bicycle connectivity. Recommendations for future TOO include the construction of a new complete streets, as well as upgrades to existing streets such as W 50th Place, so that the entire street network promotes a quality pedestrian environment. In accordance with the Northwest Subarea Plan, the majority of the streets in the TOO area will include on-street parking, especially where adjacent to retail, commercial, and mixed·use development. In order to promote connections to the commuter rail station, the Bicycle-Pedestrian Master Plan calls for the addition of bicycle lanes on Tabor Street and Ridge Road, as well as an improved sidewalk and amenity zone on Ward Road. The streets that are part of the TOO area (anywhere within 1/4 mile of the station) are divided into two types: (1) Commercial/mixed-use streets: this category includes any street within the TOO area that serves commercial or mixed-use development (2) Residential streets: this category includes any street within the TOO area that serves primarily residential development Any new street and all streetscape improvements to existing streets within the TOO area must comply with the following design goals, standards, and guidelines. Commercial/Mixed-Use Streets Design Goals • Create a vibrant streetscape environment that focuses on the pedestrian and complements the vision for a walkable, mixed-use transit village. • Provide high-quality sidewalks with ample width and enhanced paving materials and patterns. • Incorporate a public amenity zone with enhanced streetscape amenities including street trees, plantings, benches, and pedestrian lighting that form a cohesive image for the TOO area. Design Standards and Guidelines A. Sidewalk width: sidewalks shall be a minimum of 8 feet wide. On streets with significant retail development, a 10 foot minimum width is preferred. B. Public amenity zone width: all streetscapes in the TOO area shall include a public amenity zone at least 6 feet wide between the sidewalk and roadway. C. Public amenity zone design: the public amenity zone Wheat Ridge Streetscape Design Manual may be landscaped or hardscaped. landscaping may include ornamental grasses and/or groundcover and should incorporate low-water use plants. Where adjacent to on-street parking, hardscaped amenity zones are preferred. Any hardscaped amenity zone shall be distinguished from the sidewalk through the use of textures. integral color. or scoring patterns. Pavers or flagstone should be used in combination with the concrete to provide interesting patterns and to enhance the amenity zone's design. D. Private amenity lanes: private amenity zones that provide outdoor seating areas are encouraged. Where possible, private amenity zones should be utilized to provide additional pedestrian amenities, such as benches or planters. E. Street trees: street trees shall be planted in the public amenity zone at a minimum spacing of 30 feet on center. Variations in spacing may be allowed due to existing obstru ctions, special conditions, and the expected mature size of the tree. F. Benches: benches shall be provided at a minimum spacing of one bench per every 150 feet. per each side of the street. Except at bus stops, benches may be located in the private amenity zone subject to approval by the Community Development and Public Works Departments. Additional seating areas within the streetscape, especially near corners and areas with high pedestrian traffic, are encouraged. G. Trash receptacles: next to each bench. a metal t rash receptacle that is consistent with the design of the bench shall be provided. H. Planters and pots: planters and pots with flowers should be incorporated into the private or public amenity zone, especially near benches and where hardscaped public amenity zones are provided. I. Gateway markers and banners: banners and gateway markers that identify and brand the TOO area are encouraged. New pedestrian lights should include brackets t hat may be used to hang banners. J. Pedestrian lighting: regularly-spaced pedestrian lights. generally placed 6S feet on center, shall be provided in the public amenity zone. Pedestrian light spacing may vary based on existing constraints and obstructions. Residential Streets Design Goals Create a quality streetscape environment that is oriented around the pedestrian and enhances the quality and character of the neighborhood. Incorporate a public amenity zone with streetscape amenities including street trees, plantings, and pedestrian lighting that contributes to a quality, cohesive image for the residential street. Wheat Ridge Streetscape Design Manual Figure 2.19 -An example of a public amenity zone that incorporates hardscape next to on·street parking, as well as landscaped areas far street trees I I. I L. I Public I j",dewalkIAmenity I I I Zone I Figure 2.20 · A typical street section for residential streets in the planned TOD area 19 Figure 2.21 -example af a residential street with a landscaped public amenity zane thot includes street trees and pedestrian lighting Figure 2.22 -this landscaped public amenity zone incorporates low-worer use plants, which is encouraged for the streets at the future 20 Design Standards and Guidelines A. Sidewalk width : sidewalks shall be a minimum of 6 feet wide. B. Public amenity zone width : all streetscapes in the TOD area shall include a public amenity zone at least 6 feet wide between the sidewalk and roadway. C. Public amenity zone design: the public amenity zone shall be landscaped. landscaping may include ornamental grasses and/or groundcover and should incorporate low-water use plants. D. Private amenity zones: private amenity zones that provide outdoor seating areas are encouraged. Where possible, private amenity zones should be utilized to provide additional pedestrian amenities, such as benches or planters. E. Street trees: street trees shall be planted in the public amenity zone at a minimum spacing of 35 feet on center. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: benches shall be provided at a minimum spacing of one bench per every 200 feet. per each side of the street. Except at bus stops, benches may be located in the private amenity zone subject to approval by the Community Development and Public Works Departments. G. Trash receptacles: next to each bench. a metal trash receptacle that is consistent with the design of the bench shall be provided. J. Pedestrian lighting: regularly-spaced pedestrian lights. generally placed 80 feet on center. shall be provided in the public amenity zone. Pedestrian light spacing may vary based on existing constraints and obstructions. Wheot Ridge Streelscope Design Manual CHAPTER 3 -DESIGN STANDARDS & GUIDELINES This chapter establishes general design standards and guidelines for streetscape design elements. Design Standards are objective criteria that require compliance. Standards often utilize the term "shall" and must be followed unless there is a unique condition or hardship that prevents their application. Design standards are underlined. Design Guidelines are criteria that are strongly recommended, and should be followed wherever feasible. Guidelines often use the terms "should" or "encouraged." 3.1 Sidewalks Sidewalks are an essential element for providing safe pedestrian access along streets. Sidewalks are paved surfaces that provide a clear walking path for pedestrians. Width A. Sidewalks shall be at least 6 feet wide. Sidewalks less than the minimum required width may be allowed, subject to approval of the Public Works Department. B. Where right-of-way width allows, sidewalks 8 to 10 feet in width may be required on streets with high levels of pedestrian activity. Paving A. Sidewalks shall be paved. Concrete is the most common and appropriate paving system for sidewalks. Other appropriate materials include flagston e, concrete unit pavers, and brick pavers. Pavers or flagstone, used in combination with concrete, can provide interesting patterns which can emphasize a particular area along the sidewalk. B. Concrete unit pavers or brick pavers are preferred over the use of patterned concrete. C. Concrete should be at least 4 inches thick and meet City standards for concrete mix, finishing, curing, and sealing. D. Integral concrete color systems are acceptable for use in sidewalks. Select subtle earth tones, not bright colors, when using integral concrete colors. E. Scoring and expansion joints should be spaced uniformly along the length of the sidewalk. F. Brick pavers shall be specifically designed for sidewalk use according to City specifications. G. Interlocking concrete pavers and precast concrete pavers may be installed on a sand base or a concrete slab and should meet City specifications. H. Flagstone pavers are most appropriate in historic areas. They can be laid on a sand base with sand joints or on a concrete base with mortared jOints. Wheat Ridge Streelscape Design Manual Sidewalk I,,;;;:;;;yl Roadway Figure 3.1 -The sidewalk is the paved walking path, typically located between the amenity zane/buffer and the building Figure 3.2 -Example oj 0 sidewolk with povers Figure 3.3 -Example of a concrete sidewalk 21 Sidewalk Roadway l Buffer Figure 3.4 -The amenity zone, or buffer; is the area between the sidewalk and rhe roadway Figure 3.5 -An example 0/a landscaped amenity zone Figure 3.6 -An exomple 0/a hardscaped amenity zone 22 3.2 Amenity Zones The amenity zone is the area between the curb and the sidewalk. It provides a buffer between the roadway and the area where pedestrians travel. Amenity zones may be landscaped -often called a "tree lawn" -or hardscaped. The amenity zone is the location for street amenities, including plants, trees, furniture, and lights, as well as utilities. Hardscaped amenity zones are most appropriate for retail districts, especially those with higher pedestrian traffic and where on-street parking is provided. Some streetscapes, especially in retail areas, may incorporate a private amenity zone, which is located between the building face and the sidewalk. This area provides outdoor seating opportunities and can add significantly to the pedestrian experience. Width A. Amenity zones shall shall be at least 6 feet wide. Amenity zones less than the minimum required width may be allowed, subject to approval of the Public Works Department. Landscaped Amenity Zones A. Landscaped amenity zones shall be planted with low groundcover plantings. ornamental grasses. or turfgrass. as well as regularly-spaced street trees. Landscaped amenity zones shall contain uniform street furnishings. including benches or other seating areas. B. Where trees are planted. a 5 foot minimum width is required. In certain circumstances, where space is limited, a narrower width may be approved. Please refer to Section 2.3 Street Trees for further guidelines about appropriate planting area widths and soil volumes. C. Where the width needed for trees is not available, shrubs may be used. D. Entry walks, which provide a paved pedestrian route from the sidewalk to the curb, are an appropriate feature for landscaped amenity zones. They should be 3 to 5 feet in width and may be constructed of concrete, concrete pavers, flagstone, flagstone, or brick. Entry walks are highly encouraged where on-street parking is provided and should be coordinated with step-out strips. E. Step-out strips should be utilized where on-street parking borders a landscaped amenity zone. Step-out strips should be 1 to 2 feet in width and may be constructed of concrete, concrete pavers, flagstone, or brick. Step-out strip locations should be coordinated with entry walks. Hardscaped Amenity Zones A. Hardscaped, or paved, amenity zones are most appropriate in retail districts , areas with high pedestrian traffic, and where on-street parking is provided. Hardscape amenity zones may be as wide as 12 feet. Wheot Ridge Streetscape Design Manual B. Hardscaped amenity zones should be paved with one of the following materials: • Concrete • Concrete unit pavers • Brick pavers • Flagstone pavers C. Paving materials in the amenity zone shall follow the same installation standards and guidelines as those established in Section 3.1 Sidewalks. D. Concrete unit pavers or brick pavers are preferred over the use of patterned concrete. E. Where concrete is utilized in the amenity zone, it should be differentiated from the sidewalk area by the use of textures, integral color, or scoring patterns. Wherever possible. pavers or flagstone should be used in combination with the concrete to provide interesting patterns and to enhance the design of the amenity zone. F. Hardscape amenity zones shall contain regularly-spaced street trees and uniform street furnishings, including seating areas and trash receptacles. Please see Sections 3.3 Street Trees and 3.5 Street Furnishings for standards and guidelines about placement and spacing for these items. G. Trees may be planted in tree vaults, with tree grates or pavers above, or in at-grade, open planters. Tree grates and pavers are most appropriate for high-traffic pedestrian areas. Please refer to Section 3.3 Street Trees below for further guidelines about appropriate planting area widths and soil volumes. Private Amenity Zones A. The private amenity zone is an optional element of the streetscape that occurs between the sidewalk and building face. These zones are encouraged in retail areas, especially where restaurants, cafes, and other businesses with outdoor seating are planned. B. Private amenity zones should contain outdoor seating areas, planting pots, and other amenities that complement street furnishings in the public amenity zone. C. Where outdoor seating is provided, a railing should be provided to separate the seating area from the sidewalk. D. Private amenity zones should be paved with one of the following materials: • Concrete • Concrete unit pavers • Brick pavers • Flagstone pavers E. Paving materials in the private amenity zone shall follow the same installation standards and guidelines as those established in Section 3.1 Sidewalks. Wheal Ridge Sireetscape Design Manual Figure 3. 7 -An example of 0 hordscoped amenity lone I I Sidewalk I I I Buffer I I I I I I Figure 3.8 -The private amenity zane is located between the sidewalk and the building face Figure 3.9 -An example of a private omenity zone with outdoor seating 23 Figure 3.10 -Mature street trees in a landscaped amenity zone on W 38th Avenue Figure 3.11 -New street trees in open planters with adequate room for future growth and water needs 24 3.3 Street Trees Street trees are a vital component of streetscape design. They provide a positive aesthetic impact, creating attractive streets that encourage pedestrian use. They also provide many practical benefits, including buffering of pedestrians from vehicular traffic, providing shade, buffering from wind, and reducing air pollution. For street trees to be healthy and contribute to the character of a street in the long term, adequate soil volume and room for growth must be provided at the time of planting. Street Tree Design A. Trees should be planted in a uniform pattern in all amenity zones, both landscaped and hardscaped. For private development and redevelopment. street trees in the public right-at-way shall be provided in addition to anyon-site landscaping requirements per Section 26-502 of the Wheat Ridge Zoning and Development Code. B. In most cases, the same species should be planted on the same block to maintain continuity. However, to prevent the loss of species, tree species should vary from block to block. Trees of a similar form, texture, and color can be alternated with the predominant tree species, typically from block to block, to avoid over-use of one species on a street. Random changes in species should be avoided. C. Trees should have the same characteristics on both sides of the street. Location and Spacing A. Street trees should be planted in a straight row with regular spacing, midway between the sidewalk and the cu rb, where adequate space allows. B. Tree location should be based on the mature height and spread of the tree. Adjustments in spacing or species should be made where signs, lights, overhead or underground utilities, utility poles, fire hydrants, or buildings would limit mature tree size. C. Tree spacing should be in regular intervals. Some variation may be approved due to existing obstructions or special conditions. See the following table for recommended tree spacing based on the mature height of trees' Small Trees Medium Trees large Trees Mature Height Mature Height Mature Height 25' or less 30' -45' over 45' Recommended 15' minimum, 25' minimum, 30' minimum, Spacing 20' recom-30'recom-40' recombetween Trees mended mended mended " . Source. Choosmg SUItable Trees for Urban and Suburban Sites, Edward F. Gilman and Laufa Sodowski, Document £NH 1057, University of Florida Institute of Food and Agricultura/Sciences, September 2007. Wheat Ridge Streetscape Design Manual D. Visibility of signs, as well as sight triangles at intersections, should be considered when placing trees (reference Section 26-603 of the Wheat Ridge Zoning and Development Code for regulations on sight triangles). E. Tree locations should be coordinated with uti lity locations and adequate separations maintained. Generally, a minimum of 5 feet between street trees and underground utilities should be maintained. The City and utility companies must approve streetscape and utility plans. Size and Form A. The size and form of a t ree should appropriately relate to space in which it is planted. Trees should be large enough to add significant shade and should reach a height appropriate to adjacent buildings. B. Street trees shall have a minimum 2 112 inch caliper. e. The branching height of mature trees shall be no less than 8 feet on the pedestrian side of the t ree. and no less than 14 feet on the street side of the tree. D. Lower-branching trees may be used in medians, planters, and landscaped areas that are not adjacent to the street edge and where low branches would not interfere with vehicular or pedestrian traffic. E. Lower-bra nching trees may be used in areas where overhead utility wires would requ ire large trees to be pru ned. Planting Area and Soil Volume A. Adequate planting area is essential to ensuring the long-term health of a tree. Where trees are planted. the minimum width of the planting area shall be 5 feet. In certain instances, where space is constrained, a narrower width may be approved depending on the proposed tree species. The following table establishes recommended pla nting area widths based on t he mature size of a t ree' Small Trees Medium Trees l arge Trees Mature Height Mature Height Mature Height 25' or less 30' -45' over 45' Recommended Width of 5' minimum 6' minimum 8' minimum Planting Area Source.. "C hOOSing Su i table Trees for U, b an and Suburban Sites, " Edward F. Gi/man and Lauro Sadowski, Document ENH 1057, University of Florida Institute of Food and Agricultura/Sciences, September Z007. B. Sufficient soil volume is required for a tree to grow to its mature size. The larger the soil volume, the larger the tree. Soil volume is an essential factor when selecting tree species and designing the streetscape. Where t rees are planted, the Wheat Ridge Streetscape Design Manual Figure 3.12 -Distances between the tree --at its mature height and width _. and nearby buildings and utilities should be considered when selecting the appropriate street tree. This will ensure that the tree has adequate room to grow to its full size. Figure 3.13 -The minimum width for any planter or tree grote where a tree is planted should be 5 feet. Where tree vaults, or pits, are used, the width belowgrade may be wider to provide adequate soil volume 25 .' Figure 3.14· The minimum soil depth where trees ore planted should be 3 feet. Figure 3.15 -Street trees should be compatible with the height and style of buildings along the street 26 depth of soil shall be at least 3 feet. Appendix A contains guidelines for determining the appropriate amount of soil volume based on the size of a tree. C. Where trees are planted in a tree vault with a tree grate or pavers above. structural soil shall be utilized. Structural soil is designed to meet pavement design installation requirements while also supporting root growth. For more information, please see Appendix A. Tree Selection A. Street trees shall be hardy. strong, wooded trees with strong branching characteristics according to their species. They shall be disease-resistant varieties. have upright growth. and be single stem. B. Trees near sidewalks and pedestrian areas should be fruitless and thornless to minimize maintenance and to reduce pedestrian hazards. C. Trees should be selected so that they have room to mature to their full height and spread. Street trees should be selected to minimize the obstruction of signage and to be consistent with the character of the given street or district. D. Wherever possible, street trees should have a low to moderate water rating in the recommended street tree list (Appendix B). Irrigation must be installed for street trees and the proper amount of water must be given to each tree. E. Please see Appendix B for a list of recommended tree species. F. The following species are prohibited from planting in any right-of-way: • Box Elder (Acer negundo) • Silver Maple (Acer saccharinum) • Tree of Heaven (Ailanthus altissima) • Russian Olive (Elaeagrus angustifo/ia) • All Poplar (Papulus) species • Buckthorn (Rhamnus cathartica) • All Willow (Salix) species • Salt Cedar (Tamarix) • Siberian Elm (Ulmus pumila) • Chinese Elm (Ulmus panifolia) G. Other restrictions regarding street tree selection: • Trees should not have weeping or pendulous branches • Trees may not have bushy growth habit, which cannot be maintained to a single trunk H. All existing trees within a given streetscape area must be considered. Each existing tree should be evaluated to determine if it should be preserved. Those trees determined to be preserved must be protected during any construction activity. Please see Appendix A for a reference on tree protection. Wheal Ridge Streetscape Design Manual 3.4 Groundcovers and Shrubs Besides trees, plantings in the streetscape may include turf, groundcovers, and shrubs. Groundcovers provide functional and aesthetic value, softening the street edge in areas where pedestrian travel is low. Shrubs create areas of interest and add form, texture, and color to the streetscape. Xeriscape design, which requires less water consumption for irrigation, is highly encouraged. Vegetable and fruit-producing plants may also be allowed in the streetscape area. Within the public right-of-way, such plants will first require approval by City staff th rough the streetscape plan review process. Groundcovers A. Groundcovers provide a viable alternative to turf grass in areas such as landscaped amenity zones and open planters. B. Areas planted with turf should be at least 5 feet wide, with a recommended width of 8 feet. Where adequate width is not available, groundcover plantings should be used instead. e. Please see Appendix B for a list of recommended groundcover plants. D. Groundcover plantings that require low water use are encouraged. E. Sufficient irrigation must be provided at the time of installation, as well as during the period of establishment. This applies to low-water use, or xeric, plants as well. Shrubs A. Hardy, maintainable deciduous and evergreen shrubs may be used in landscaped areas and planters. Shrubs are typically not recommended in landscaped amenity zones, or tree lawns, directly along the street edge. B. Shrubs with thorns shall not be allowed in the public rightof-way. e. Shrubs may be effectively used to screen parking areas adjacent to the street. D. Form, texture, timing of flowering and color of foliage should be considered in the planting design of shrubs. E. Please see Appendix B for a list of recommended shrubs. F. Shrubs that require low water use are encouraged. G. Sufficient irrigation must be provided at the time of installation, as well as during the period of establishment. This applies to low-water use, or xeric, plants as well. 3.5 Street Furnishings Street furnishings are integral elements of the streetscape, especially in retail districts intended to encourage pedestrian traffic. Street furniture should be attractive and appropriate to each streetscape and provide for visual continuity, public service, and the safety of pedestrians. Wheal Ridge Slreetscape Design Manual Figure 3.16 -A landscaped amenity zone with groundcover plantings Figure 3.17 -Shrubs contribute to the streetscape on W 38th Ave in Wheat Ridge 27 Figure 3.18· Typical metal bench Figure 3.19· Seating is an importont component of the amenity zone (the space between the sidewalk and the roadway) 28 Placement A. Furniture in the right-of-way should be located at least 3 feet from the curb face where on-street parking or a bike lane adjoins the curb, and at least 4 feet from the curb face where a travel lane adjoins the curb. B. Any item placed in the right-of-way will require approval by Public Works through a Right-of-Way (ROW) Use Permit. C. Street furniture shall not obstruct the sidewalk. A minimum S foot clear walking zone should be provided at all times. D. All street furnishings should be of high-quality design, intended for outdoor use, and require minimum maintenance. Benches and Seating A. Comfortable seating areas should be provided at regular intervals as part of the streetscape design. B. Metal benches are a typical element in most streetscape settings. Other appropriate seating options include benches, moveable chairs, planter walls, and steps. Metal benches should typically be painted black or a dark color with a factory-applied finish. C. Seating should be conveniently placed. Shade, view of storefronts, and proximity ta adjacent uses should be considered in the placement af seating. D. Seating should not interfere with pedestrian flow or plant materials. E. Seating should be attractive, comfortable, and durable. It should be compatible with other furnishings and adjacent buildings. F. With the exception of moveable chairs, seating should be secured in place to the pavement for user safety and to prevent vandalism. G. All seating should meet the following dimensional guidelines: • 16 to 18 inches in height • 16 inch minimum depth for seats without backs • 14 inch minimum depth for seats with backs H. Seating adjacent to walkways or multi -use paths that receive bicycle use should be set back a minimum of 3 feet from the path. Tree Grates A. Tree grate openings shall comply with ADA regulations. B. Tree grates shall be made of iron and have an opening for the tree that will provide for its normal growth. Alternate tree grate types may be approved by the Departments of Community Development and Parks and Recreation. C. Tree grates should either be unpainted or painted with a factory-applied finish. Wheat Ridge Streetscape Design Manual D. The size and shape of a tree grate should relate to the paving systems and patterns adjacent to the tree. E. If seasonal tree lights are desired, an electrical outlet should be provided within the tree grate area. Trash Receptacles A. Trash receptacles should be located so as not to disrupt pedestrian flow and in locations convenient to benches and other street furnishings. They should be compatible with surrounding street furniture and the architecture of nearby buildings. B. Trash receptacles should be attached to the paving or footings in landscaped areas to discourage vandalism. C. Each receptacle shall have two parts: an inner container, which will provide for easy trash removal. and an outer shell that is compatible with the other street furnishings in the area. They shall also have a covered top and solid bottom to keep trash dry and out of sight. D. Trash receptacles should be made of a durable material, such as metal. Bollards A. Bollards should be used to define and protect pedestrian areas, separating them from areas of vehicular traffic. B. Bollards should be compatible with the other street furnishing and other architectural elements in the area. C. Iron bollards are preferred. Bollards should be of simple design, and typically 24 to 42 inches high. They should be painted black or a dark color with a factory-applied finish. D. Bollards shall be located a minimum of 3 feet from the curb edge of vehicular traffic ways. E. Bollards that also serve as emergency access should be of approved type and material the City and Fire Department. Bicycle Racks A. Bicycle racks should be incorporated into the streetscape design. Bicycle racks are required in the streetscape for any street that is designated as a bicycle route in the Wheat Ridge Bicycle and Pedestrian Master Plan. On these streets. a minimum of four bicycle parking spaces (two typical inverted U racks) per block. on each side of the street. shall be provided. These bicycle parking spaces must be provided in addition to anyon-site bicycle parking required by zoning. B. Bicycle racks should be placed in locations that do not interfere with pedestrian or vehicular traffic. C. Racks should be conveniently placed in visible locations to provide for security. D. The standard bike parking rack is the inverted U type, or Wheat Ridge Slreelscape Design Manual Figure 3.20 -Example 0/an iron tree grate Figure 3.21 -Example trash receptacle Figure 3.22 -Example 0/on iron bollord 29 Figure 3.23 -Example af a standard inverted U bike parking rock Figure 3.24 -Planting pats incorporoted into streetscope Figure 3.25 -Example of quality metal railing 30 another type as approved by the Community Development Director. Each inverted U rack shall count as two bike parking spaces. E. Racks should be designed to be compatible with other street furnishings and be made of durable metal materials. Racks must provide for at least one wheel and the frame to be locked to the rack. E Racks shall be securely attached to the pavement to provide a stable place to rest bicycles and to prevent vandalism. Planters and Planting Pots A. Pots and planters should be used to provide interest to the streetscape and should be planted with annual flowers, perennial flowers, or low-growing shrubs. B. Large pots or planters may be used in place of bollards to separate pedestrian and vehicular traffic. c. In determining the location of planting pots, the possibility of pavement staining should be considered. O. Provisions for watering of planters and pots must be in place to provide for the healthy growing of plants. Each pot should have some provision for drainage in the event of over-watering. Fencing, Railings, and Gates A. A sturdy, wrought iron or steel fence painted black or a dark color is preferred. Fences or rai lings of other high-quality materials may be approved if the materials are consistent with surrounding streetscape furnishings and building architecture. B. Fence picket spacing should not exceed 4 inches for child safety reasons. C. The height of fences may vary depending on the purpose and location of the fence. Where pedestrian access needs to be limited, a fence as high as 4 feet may be used. Where a parking lot screen is needed or required, the fences may be as low as 3 feet. Where a fence or railing provides a safe barrier between severe grade changes. a minimum height of 42 inches must be provided. D. Fencing may be combined with low walls for enhanced design. E. All structural railings must be designed to support a horizontal and vertical load of 50 pounds per linear foot. F. All fences and railings must be securely fastened in place in pavement or footings. G. All fencing shall conform to Chapter 26 of the Zoning and Development Code. Newspaper Racks and Enclosures A. Newspaper racks should be designed to be compatible Wheat Ridge Stree tscope Design Manual with other street furnishings. Enclosures can be provided to screen racks from the street. B. Newspaper racks and enclosures should be clustered together and located where they have the least visual impact on the streetscape. C. Newspaper racks and enclosures should be on a neutral color, preferably made of metal, and should be designed to blend in with surrounding street furniture and architecture. D. Racks and enclosures should be located in convenient locations for pedestrian access and not in locations where they will obstruct the view of motorists. Community Announcement Boards A. Community announcement boards, or kiosks, are intended to be used to post community events and notices at special pedestrian areas along the street. They should be used sparingly and primarily in areas of high pedestrian traffic. B. Community information boards should be designed to be compatible with other street furnishings. They should facilitate the posting of community notices in a convenient manner. C. Announcement boards should be easily accessible from all sides, adequately illuminated, and designed so that they are easy to clean and maintain. Transit Bus Stops A. The location of bus stops are set by RTD in coordination with the City. With the approval of RTD, shelters may be provided by private companies or the City. Shelters are encouraged for transit stops, especially those with high levels of ridership. B. Bus shelters should be integrated into the streetscape and may not obstruct pedestrian flow. Public Works and RTD will approve shelter locations. C. Where bus stops contain vendor benches with advertising, such benches shall be replaced by a standard metal strap bench (Figure 3.28). The Department of Public Works will approve all new benches at bus stops. Fountains and Water Features A. Fountains and water features can add a special element to the streetscape, but they should only be used in situations where there is adequate space to incorporate a focal point in the public space along the street. B. Fountain and water feature design and placement should consider solar orientation, orientation to winds, surrounding buildings, existing and planned pedestrian circulation, site furnishings, and how the feature will look when water is not available. Wheal Ridge Streelscope Design Manual Figure 3.26 -Example 0/0 community announcement board Figure 3.27 -Bus shelters are encouraged at bus stop locations Figure 3.28 -Metol strop bench to be utilized or bus stops 31 Figure 3.29 -Where there is adequate room, public art can add life to the streetscape . ~ ; ) . ".~. ,.•. ~.J -. -~ . . . -,'. . ~ '.".". , . "U iii • . 1..".JiI~ ... W, Figure 3.30 -Example of a parking lat screen Figure 3.21 -Gateway markers should be integrated into the design of the streetscape 32 C. Fountains and water features should have an efficient recirculating pump system which will allow for continued operation, water conservation and ease of maintenance. D. There must be a long-term commitment from the City. district. or property owner/s1 to maintain and manage the water feature or fountain. Public Art A. The provision of public art is encouraged and recommended on major streetscape improvements in the City. Public art may be functional or purely an art form and it should be considered as a complement to other amenities in the streetscape. B. Art objects should not compete with or detract from adjacent storefronts or obstruct pedestrian walkways or vehicular traffic. C. Art objects should be constructed of durable and maintainable materials such as stone or metal. Walls and Screens A. Walls and screens, typically used to screen parking lot or vehicular areas from the streetscape, should be constructed of durable and maintainable materials. B. The location and design of screen walls must comply with Chapter 26 of the Zoning and Development Code. C. Walls should be constructed of high-quality masonry units. Integrating iron fencing into the design of the screen wall is encouraged. Gateway Markers and Monument Signs A. Monuments and gateway markers help establish the character or identity of a district, street, or neighborhood. They should be located in key locations, primarily in at intersections or important gateways. B. Gateway markers and monument signs should be integrated into the streetscape, complementing items such as plantings, trees, paving patterns, and street furnishings. C. Monument signs, which may include neighborhood identification signs, should be constructed of high-quality, durable materials. D. Monument signs should only be placed where there is adequate room so that the sidewalk is not obstructed. Visibil ity, location of trees and vegetation, and compatibility with the surrounding landscaping and hardscaping should be considered in the placement and design of the sign. E. All signs must comply with Chapter 26 of the Zoning and Development Code. including sight triangle requirements. Wheat Ridge Streetscape Design Manual Utilities A. All utilities should be inventoried and identified in the design stage of any streetscape project. The location of existing and planned util ities should be considered when determining the location of street furnishings, street trees, plants, signs, and light fixtures. B. The location of vaults, meters, and irrigation controllers should be consolidated wherever possible. C. larger utility cabinets and vaults should be place in lowvisibility areas and screened from view wherever possible. D. Utilities should not be located under amenity zones where they could interfere with or preclude the planting of trees. 3.6 lighting lighting contributes to both the character and function of a streetscape. Overhead lighting provides for traffic safety along the street. Pedestrian lighting provides lighting at the human scale and contribute to the aesthetic character of a corridor. Overhead Street Lighting A. Street lights should be located at regular intervals as part of an overall system that includes cabinets and transformers. Recommended spacing for commercial streets ranges from 100 to 150 feet. B. lights shall be placed at least 21/2 feet from the curb face so that there is adequate room for car bumpers and door swings. Pedestrian Lighting A. Pedestrian lights shall be no more than 14 feet high. The preferred height is 12 feet. B. Pedestrian lighting can playa major role in the development of the commercial streetscape and should provide visual continuity along a street. It should be designed to be compatible with surrounding street furniture and architecture. C. Pedestrian lighting is not recommended in residential areas. D. lights shall be placed at least 2 112 feet from the curb face so that there is adequate room for car bumpers and door swings. E. Pedestrian lights should be spaced at least SO feet apart. 60-115 feet is preferable in most cases to allow room for street trees and street furnishings. Too close spacing can cause unwanted glare. F. Lighting should be designed to minimize light pollution to comply with dark sky principles. Pedestrian lights shall be semi-cutoff fixtures at a minimum. Full-cutoff fixtures are preferred. Wheat Ridge Streetscape Design Manual Figure 3.32-UNlity boxes should be consolidated wherever possible Figure 3.33-Example af pedestrian lighting that is nat cutaff Figure 3.34-Example of a full cutoff pedestrion light fixture 33 Figure 3.35~ Example oj an enhanced crosswalk on W. 38th Avenue Figure 3.36 -Example oj a curb ramp 34 3.7 Crosswalks and Curb Ramps Crosswalk pavement systems are important at all intersections where pedestrians travel. Curb ramps provide safe and convenient movement for all pedestrians. Crosswalks A. Crosswalks shall be provided at every intersection and designated mid-block crossings. B. Crosswalks with enhanced pavement design are encouraged in commercial areas and at major intersections. Special paving in the crosswalk area should contrast with the adjacent street paving in terms of color and texture. Enhanced crosswalk paving can provide for increased safety and help unify the character of a retail district. C. The recommended material for crosswalks with enhanced paving is concrete. Stamped concrete is prohibited from use. D. Unit pavers and bricks pavers may be used in the crosswalk area as long as the pounds per square inch (PSI) meets City standards for withstanding automobile use. However, these materials can be expensive to maintain. Curb Ramps A. Curb ramps shall be provided at every intersection in the City. Curb ramps should also be provided at designated midblock crossings. B. Curb ramps should be aligned with curb ramps on the other side of the street/intersection. C. The Department of Public Works will approve the type and design of all curb ramps. Wheat Ridge Streetscape Design Manual CHAPTER 4 -MAINTENANCE & IRRIGATION Investments in streetscape improvements are not truly realized without proper maintenance. Adequate maintenance ensures t he long-term qual ity and attractiveness of t he streetscape and helps to maintain property values. 4.1 Maintenance Long-term maintenance of the streetscape is esse ntial. The following standa rds and guidelines apply to the maintenance of all elements within the st reetscape area. General Maintenance Requirements A. It is the responsibility of the property owner, maintenance district, or improvement district to maintain all streetscape elements. including landscaping, street fu rniture. and the sidewalk. in the public right-ofway adjacent to their propert y. B. Landscaping must be maintained continuously. This means any necessary watering, weeding, pest control, and pruning, as well as the replacement of dead or diseased plants. C. Dead or diseased plants shall be replaced in the same location and type as the approved plan. Trees, Shrubs, and Groundcover A. Tree plantings and landscaped areas should be regularly maintained, including watering, cleaning, weeding, mulching, mowing, fe rtilizing and aerating as necessary. This includes removing fallen leaves from the sidewalk or other areas utilized by pedestrians and bicyclists. B. Tree limbs should be pruned to the standards of the International Society of Arboriculture (ISA) and to ensure proper clearances above sidewalks and streets, established in Section 3.3 Street Trees (minimum 8 feet on the pedestrian side of the tree and minimum 14 feet on the street side of the tree). C. Mulching serves many benefits for planted areas, including the regulation of soil temperature and the retention of soil moisture. The regular application and maintenance of mulch is recommended. D. All tree, shrub, and ground cover areas shall be maintained to be free of weeds. Herbicides should be used with care to prevent damage to plant s. E. When maintenance on trees or tree roots within a tree vault is required, grates, pavers, or any other materials insta lled in the tree space should be removed and then properly reinstalled when the maintenance is complete. F. Tree grates or paving materials should be replaced when damaged and adjusted as necessary for tree growth. Sidewalks A. Cracked, broken, or missing sidewalk paving is hazardous to public safety. Maintenance requirements for sidewalks include: • Maintain concrete joints and replace sealant when necessary • Remove snow when necessary • Remove trash on a regular basis • Sweep sidewalks free of sand when necessary Walls, Fences and Screens A. Walls. fences. and screens shall be maintained to remain attractive, functional and safe. B. Maintenance measures include cleaning, refinishing, painting, repai r, and replacement if damaged. C. These elements should be maintained to a level comparable to their condition at installation. Whea t Ridge Streetscape Design Manual 35 Street Furnishings A. Walls. fences. screens. and bike racks shall be maintained to remain attractive. functional and safe. B. Maintenance measures include cleaning, refinishing, painting, repair, and replacement if damaged. C. These elements should be maintained to a level comparable to their condition at installation. lighting A. Lighting sha ll be maintained and continuous electrical service shall be provided. The following maintenance standards apply: • Maintain lighting control devices, including timers, photocells, etc. • Replace damaged or missing light poles or parts within thirty (30) days of damage. • Replace burned-out bulbs or lamps within ten (10) days of burn out. • Perform general maintenance work including regular cleaning and planting when required. 4 .2 Irrigation A well-designed irrigation system should cover all plantings within the streetscape. A well-maintained irrigation system is critical for the health and growth of plant materials. Design of Irrigation System A. Drip irrigation systems use water more efficiently and are the preferred irrigation system, especially in non-turf areas. B. During establishment period, plants require more wat er. After establishment, the amount of water for irrigation may be reduced. C. In order to reduce water usage, rainfall and soil moisture sensors, pressure reducers, check valves, and/or flow sensor valves are recommended. D. Control valves controlle,! should be designed to water shrubs, flowers, and trees separately from turf areas. They should also have the time capability to permit the use of low-volume systems over longer cycles. E. If a traditional sprinkler system is used, the spraying of walks, patios, buildings, parking areas, and fences is discouraged. If the spraying of walks and bikeways cannot be avoided, the controller should be timed to spray at night to prevent conflict with pedestrians and bicyclists. Maintenance af Irrigation System 36 A. Maintenance of the irrigation systems is essential for the survival of plants. All necessary start-start-ups, shut downs, periodic checks, adjustments, and replacements of parts must be performed by the owner or district responsible for irrigation. B. The system should be completely checked during the start-up period in spring, monitored and adjusted throughout the season, and properly shut down at the end of the season. C. $oil moisture should be checked at 6" and 12" depths regularly with the use of soil probe and appropriate adjustments made to the control valve. D. Trees require watering once a month in the winter when the temperature is above freezing. Wheal Ridge Streelscape Design Manual BIBLIOGRAPHY 1. Denver 5treetscape Design Manual, City and County of Denver, 1993, Availa b Ie onl i ne at http://www. denve rgov. org/Po rtals/646/d ocu ment s/DesignGuidel i nes _ Streetsca peDesign _1993. pd f 2. Streetscape and Architectural Design Manual, City of Wheat Ridge, 2001. 3. City of Wheat Ridge Bicycle and Pedestrian Moster Plan, City of Wheat Ridge, 2010. 4. Street Tree Guide, City of Denver Forestry Division. Available online at http://www.denvergov.org/Portals/626/documents/Street%20tree%20guide.pdf 5. City of Aurora Landscape Manual and Recommended Plant List, City of Aurora Parks and Open Space Department Ava i lable on line at http://www.a U (0 ragov.orgjste lIent/groups/publicI documents/article-publ ieati on/025219 .pdf 6. City oj Fort Collins Streetscope Design Standards and Guidelines, City of Fort Collins, 2001. Available online at http://www.fcgov.com/advanceplanning/documents.php 7. University of Florida Institute of Food and Agricultural Studies Extension Website: http://hort.ifas.ufl.edu/woody 8. Choosing Suitable Trees for Urban ond Suburban Sites, Edward F. Gilman and Laura Sadowski, Document ENH 1057, University of Florida Institute of Food and Agricultural Sciences, September 2007. 9. Virginia Tech Forestry Department: The Virginia Urban Street Tree Selector Website: http://www.cnr.vt.edu/dendro/treeselector/10. Cornell University Department of Agriculture Extension: Urban Horticulture Institute Website: http://hort.cals. cornell.ed u/ca I s/ho rtf exte nsion/i n d ex. cfm 11. Protecting Trees During Construction, C. Dennis and WR. Jacobi, Colorado State University Extension, no. 7.420, 2008 Wheat Ridge Streetscape Design Manuol 37 38 Wheal Ridge Slreelscape Design Manuol APPENDIX A -REFERENCES 1. Soil Volume Guidelines and References When planning a streetscape project, especially where space is limited, it is important to evaluate how to provide the optimal soil volume for each tree. The first step is to calculate the optimal soil volume per tree. A general rule of thumb is to measure the area within the projected mature drip tine of the tree and provide 2 cubic feet of usable soil per square foot (Grabosky and others, 1999; Urban, 1999). Based on this rule of thumb, Urban (1999) correlated crown projection and tree size to identify minimum required soil volume for various size trees (Figure A). Figure A: Soil volume required for various tree sizes. Assumes a soil depth of 3 feet (Source: James Urban, 1999) -''''' ,.' -~ ~' r ... '" --.. . -,., r -'" T " I "" A<Uq1Ultt IDi1 tooi." .... 1Ift<kd ra.~ rootlI """ bf: a.pprori"",tui from t},~ .iu 1M trft will "" a.t "",'urit)'. t.a.Jr lidut " , .:::;.~ ,", ./. ... .. 1'u , d.l:~ ,;. --IlOO 1000 1200 1400 1 IIOO cu.ft SOI ~ VO~UME REQUIRED Figure B: Recommended soil volumes based on crown spread of tree (3' minimum depth of soil): SoIl VoI..-ne a 120 C\.tic feel: EstImated aown spread a 21 ' diameter SOiI "*,r1"N!! a 500 rubic feel: Wheat Ridge Streetscape Design Manual SolI VoIurno! .. 1000 NIic feet 39 2. Structural Soil Reference 40 STRUCfURAL SOIL: A, h ...... OYATTYE MmllM U'\TIER PAYEME",. THAT I MPRo\'"E3 STREET TREE VICOR Nino 8(IS$uk. Din"!ur "lid Pro",·"....,r l rI~", Iluni"IIIWre III~li,,)(l'. C,)rr"·lIllli,,· ..... i,y. hhw~" ~ \ juson Grabosky, L I"I)<I/( II.mil·uhLlr.· I "~lil"'e. C"'''''II L lIiwI»u)" h h,,,''', \ Y Peter Troll;bridge. F\~I ,A P",fl_" I..:,nd.,.'"upe ,\,,·hilt"·!lIn'. C.mwII1 1ni\l·.."i,y, hi" ... " , \ \ james UrbwL VASL\. 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I,, whi"!l UrI' mude up (Of '-nhht~1 " ,nnt'. <'I"y 1()lt1 I1. ami u It~'dt"<)gd "Iubilizi"g ag'·"!. The ltlar.-"iid ... ,'iIIl b ... • .·"llIllotH"It..~1 I" me .. ·,;tll n·lcnu ll 1;oI:II'pnlt'111 dc~il-"I " " Fig. I: rhe SlOIIt.·I,fII;ce be.lN lN /(!;J(linS while lhe.;oil p..lrtic/t, p..lrtl,llI,. fills 1M' Idllice Hlods. rnquin:'''H'nb yf'T .. llow fOlr ':;\ I~';till;thl.' "",' 1,"1"011'1". T Il<' nell 5)-~Ie !lt .. ",*"nllully f"rm" a rigid. Inlld ·b .. "ring SI"ne lanice an, l 1~'r1iull r fill", IllI" 11I11i,1' \'"id,. \\;Ih »')il Wigut1' I). S ll1l("llm,I ...... ,il pnl\;de;; II {',l1Ilitll"lU o; llil::oe •. ( ,t1I~ •• Ittl,l .. r 1.liln'llI elll.~ whil .. Wheal Ridge Sireelscope Design Manual pn}\i.lllIg H l)llIl"rllll f"r In',· ro"l( ;:1'1>1\111. 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Bek!\\' Ihill. ,I ('o ll,enliolwl bu.",,' /'(>1IfSf' .-ollid bt' i'l.~lflllt'(l "nd ,'<!mpm'wd "'llh the muterinl mt'L'lillg nomwl n'!:-,,;ullull)flH'llu'm '-' rot:l'ifi('mivlIs fllr lloe Intffi(, thl» ur,' ".\rJe,'!<·d 10 1"'I",rlelwe. TI lt' h:I"" ('(,I1 ..... e \\'0111(1 £1"1 H~;I 1"<)\" eXdll~i\lII ,(,)tlt' fr"llI til<' pa\"lIIclll ~" rfat'e. Although ridd t..,.r..; "how rlull 11" .... fOOl", IIHlllflll1) tend 10 grow uw,,)' f .... 'nl Iltt' I"" L'Ult'1lt s urfa(~ ill .~ I nWluf .. 1 "..,il. .\ ge. 'I f' \! il t' ,;(,"111 ",,·grl-'I:.'III.> tilt' lin",,' ~' !lH'SI ' tlf tl1o' 1)/,I,eltWIlI rr()m tilt' SIIW'Hrral ;;"il. Tilt· tS:-':'·~". ,.,., -~ .. ~. '--10 __ _ '. ,~~~,..t::;~>::!'iy,'4' ,,!S.=w:::.' ~~i;:-'-'i,;;,~"i.·:'.-! . ,,_ gHI'·gn,(I,..-I, "'flu-lIIml Stili IlIl1! ':fi!!1 hw, IJl't!1I ,.ll(lWII to >111(,,, 1'1"" -.~ .. ,.., ..... 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' I1re til ..... , ("(Jlllpn"e"ls of till' "lrU' ·llm.1 ,;(Iil are IHiM'(1 ill lilt" foll.)willg pr()]-,onions 1>,' \\ I"igltl. ('n r"lu'(J "Inn .. , 100: day k.ulll: 20: ItplrO',!cI : 0.0:1. Tm,,1 moi""..-t· III !nixing ~I rould I", 10% (A"\SIITO T·l)'J 0l'limum tllOi"lllre). Cn.r~lwd "Intr(' (gnHlilt' ur lime;;lnIH' ) "hould I,.,. rlH!TPwly gm(lL'd from :Vi · 1 1('2. inl'h, highl) <II 11,.'uiar \\ illl rll' filW-". 'n It! du) lo.'un ",h(,uld .. nnform 10 Ihe L'S!) \ ,>< .il da1ioiril"<Hioll "Y"lf'nt (gru\"f>1<3'K~ "I"](] 2.)·3U%.. "ilt :20·im~ duy ~.j .iUK». Orgarlit mUlier ~I!<)uld nlllgf' 1)<'1 \\ cen 2% li l!d ;)%. 'l1w Ily(ln'i!I'1. Ii flOw sailrrn pn 'IJi>nt "I te'prolpenanrid,> ""II(II)'Illf''' i" odd'-f l ill ;r "mall ,Iml)l!nl 1(1 !If'1 8" ;,( I,wkilipr, prt"\ " Ilting St'1J.(lntl ion of I he ~ 10llf' i1 lrd i",il (]urillg mixing flnd in"l"l1;1li ... n. r. li.\ing f';l 11 I.e d"ne (," " pa\"t!d ~ lIff,lt ·':· 115ing f"orrl .. nd k~ld~·I"". '1') pirall) Ilw St.",,! i~ spread irr H 1")L'r, Ihe III"~ Ir)dmg-.. I i:; sp~ad ~\t'rrl) un lOp ",r~llh .. "...· .. t .. ~IIt'l.IIH"i,;1 1("1111 I" Ihl' IVp IlI)l:r. TIlt' ellli l"{' pil l: is !lIl"Ilt~1 ~lml mi .~,~'1 until a (lrr lf" rm 1,1,'ml;~ pn"llJn~11. 'I'll!' "l nlt"llInrl soil is Ih .... n il'''lull('d 'lml roml)i1t'led Inll irrdr lif,,,,. Inlt ,,1rt't!1 lree in;;lllll:rliOll ur ":Heh" Slrur lUnti ~,iL Ihe I)()H' llli;r1 mn lillg I.ur", (·"uld e.\.lt'nd fr"m bllilrlirrg (ure \0 !"l,rh rUllni'lg lilt' .. ,,,in·I,·n!!ll, \If Ih.· ~1n't'I, ' 111;" ""l lld ell~un'lin 1I11....-IUlll'· \olirrnt" ,A ",)il I" '1I1't'1 Ih .. lo. rg term ,r t::<:'d~ (of till' In .... '~lwrt> Ilri~ " Iuirt! ":\"ilnlli"rr i" n,' l f;·IIs-iill"." Iff'lK"h. nrnning (:fHllillunu", 'lIl.'II""l,IIt'llOlhc (·urh. f'ighl f.-el wide (Lrlll IlIrt"(' fft'l df'ep would 1)1" miuimall) a(It'l.llfale for f'tJIIl inuQlfS !<1t'l!('1 lref' pl[lllling. '1'1 ... ,)· willllt'" O)"i'llm ,'n;;ur" mr,i~lorl"t' .. t'dlllrgl' arid fff"t' gH,. o>.\O' lr,-m;;" thrnug-h<H11 d, .. r.M'I "-,,,It·, 1'\, .. ('halli' II g-" '11<1) ht! IIlel 1.,) dlt: i"swlh'li"tI ,' f :.1 tlr .. .-e rlimt'n",i.)rwJ !!t'O--• ...-"npo:."ilt' (il g"""grid "nrppctl il! lex( ilt· urII' illd, 1 hick II) eighl i .. d,t::; wid .. ) "hidl ('ol,I,II* Ini,1 nl)<., .. Ih .. ~ln"'llIml ""il 0'-' ~p .. kes Illt liMillg-f""llI lite Inurk nuir "IIt!IIlllg. Thi:; i:; '· lIr· rl"llly iI' lit!' I' 'SI illg "Iagt'. Or I"'r I~f\ i"I'" ~urr",·t' I real nrt' II!;' n'trld til",) 1.1"0' ide ,,(Id il io, ,,,I " I. ,iSI' rf" r .. c-1>;.rge, u,. nll ,I,J tmdili,,,,,,1 irrig"liu" , \~ 'hL'1I ' ·u rnll1.lJ"~d hi t'.~ i"ling pnH'lice. uddili"rlHl dl1l;nu!!f' ") ~l .. ms, aml lJ.e fe<lt"'igtlecl slnrr-llI ml .o;oilla).· .. rep!"'" "t'''l mldiliOtlill ,'.--",1;; I" U I'rnje"·1. 'I'll<' addilion of tilt' pn1Jl<..Jl:>t .. 1 "lfllf"lIln)1 ""illle,·",,.,il,,,,::,, tl ..... ropr t',"",tl'nlit)tl (If Ihf' ~ilc "hich IIbo mH) I),: ,..,..,,(1), I,r .. "m .... ...;ogi",r" Ih i" C.~"·H"rl it)tI is fl InUllt'r "f ~ l l.tlrI"rd pn",ti,'''>. I I. ''' t''t'r. !hi" pr.O("~~ mighl I-""_~I I ... ~ Ilil...-I for tlf''' ',()Il~II'U"li"rr Hrrd irr ffil"lflH'lUrt' replw 'cmenl lOr r('puil'. " irrel-' till' ' :0:-.1 nf d,-ep 1".\(",,\<llioli i~ uln'ndy irWltH ... !. 'I'll<' L' rhutl Ilvn i,-rrhlll"t' 1""liurI(' "o lliinuc" If' worl. on "t'ritlillg lilt' "j)l"(·ifi .... u!ioll ("r rrodlwi,,!:.' Cl ~I rllrtlmtl ,..,il IIrtLl t'rilillU mul.e til!' ,,)-:>lelll(""'1 (' fl'e' ·I"'·. It i-" 1"'It'III I't'tlditlg-""d ,,·ilIIJi· "(,101 ""I, Ihe IfHrlenwrk ' ( :L··S"il' In ill"" r .. qualil) (,("lIml. T~ ""li "g (,,,-'r fi,~' )L'!Hb IlI1s dt'IlII'U"lruleU dllll "Ilibili'!.''''!. !!up"'!:.'l'l.uli'l.l ~ lflwllrraJ ",,)ilIllUl('ri<ll~ n Ul lIIi ... 1 Ilri~ r leed \\ hil.· ul1, )winl:.' mpid "'01 I WilL'I ntl iOIl. Sen-ml w\l rkillg iU '-' liIlkuivlIS lu,,'!! h~e n eUIIII'I"led in 111111<'/1. 1\ Y. 1\,"\ \ (,rl. ( :ity. 1\ \ . Ci,l('imuori. 01 L ( :"'llbriJI:,'e. r. IA Hnd cI.;cwherc. Tu (iale. Ih.· (,1("'11" Im<; I~n Oil (he or ..... · "I' I It.:... ... · rni .\t!S h) !treml) " .\I"uld till' pt:rl .. minl ",,,,,in~ \·olllnw und"r pa, .. me lrl. It UPP"IIn, II rat (III add!.. .J mharrtag,> o f lJ~irrg (I ,.,lrr lt'Hmd "nil i ~ il" HI,iliIY Il' ;111m, nll"" It, gn.\\ 11\\,,) fn,m lin' l"I't'l1r"lll ,,"u ..r"e,'. Iltlh ,"t'dr " 'ilr!! Ille 1)l)It!lHinl ("I' "id('Wll lk 11p.U\'irrg (IJ, \\dl a" pro,irling-fur 11L'<lhl,it'r.loll g.l i\·t'(lln't't>. emll ..... k),. 1. un'! H.1,""Ui.:. ,\' -\ "i,'''' l'rI~1Il Tr'~' Suil 1.\ S,'("ly InM"t." ..... · R,-,r"ing ' "'olon""'" l ·nol,·,. Sid.-",,,Ih-, I q.tl.;. J''''nl,,1 "f \rhr.ri.·lIlll1 re 21 (-1 \. 1')720 1. l:nol-. •. , k)', J, ,!lrd R'oS lI\;:. ;O;:. -1\-"lill/lur Sml<:tunrll'I'IJlIn Tr .... S.-.il '!tHen"l,. for L·..., lInd"r 1"" '<:1I>L'''' (" Irre'n'"'''' S'n~'1 T fI'(' R' ''''lIlg \ 'I,Ju",,·., -. I'J'n •. J, 'IInL"l "f \rl""';",oIl11n' 22((1), 2.-,.;·2(,:1. Wheat Ridge Streetscape Design Manual 41 3. Tree Prot ection Reference Quick Facts .. . Soil compaction and grade changes adversely affect tree root health, and can lead to branch dieback and tree death Prior to starting construction activities, evaluate existing trees in the area to see if preservation is worthwhile and feasible. Involve all parties associated with the construction project when determining which trees to preserve. Establish specific guidelines to prevent tree injury during the construction project Minimize injury to existing trees with properly placed and properly sized barricades. Extension C Colorado State University Extension. 2199. Reviewed 6108. WW-N.ext.rooslate.edu 42 G A R D E N N E R E s TREES & SHRUBS Protecting Trees During Construction by C. Dennis and W.R. Jacobi r (MJ8) no. 7.420 Why Preserve Existing Trees? Shade trees add to the value of residential and commerci al propertics. During construction, established, healthy Irees can be preserved wilh minimal cffort or expense. Many trees arc valuable enough 10 justify Ihc eXIra concent. The Preservation Planning Process Many towns and citics in Colorado have tree protection specifications detailed in their land usc code; property owners must adhere to the tree protcction specificalions spelled out in land usc code or their town or city. Prior to beginning a construction project, the property owner should have a city forester, licensed arborist or certified tree appraiser, evaluate every tree in the proposed construction area to detemlinc ifpreservalion is worthwhile. For each existing trec, consider location, present size, future size, specics, vigor, cost of preservation, and cost of removal. While evaluating trees for preservation, visualize the future landscape. Ifplans call for preservation of trees ncar buildings or in landscapes, the trees should be su mciently healthy to justify preservation. Some large, mature trees may not be structurally sound or esthetically appealing to warrant preservation. Older trees do not adapt to environmental changes as well as younger trees, thus it may be more practical to protect a 1-to 8-illch diameter tree than a larger, more mature tree. Some existing trees (particularly the smallcr trees) may be dug with a tree spade and relocated on the property. Tree species differ in their ability to adapt to environmental change (Table I). Recognize that i1 may be impossible to preserve every tree. Table 1: Adaptability to environmental change. High American elm Common hackberry Cottonwood (spp) Ginkgo Green ash Honeylocust London planetree Siberian etm Silver maple White ash Willow (sppl Degree of Adaptability Moderate l ow Aspen Black walnut Boxelder Bur oak Linden Norway maple Pine (spp) White oak Bolleana White poplar Black locust Colorado blue spruce English oak Lombardy poplar Northern red oak Norway spruce Wheat Ridge Streetscape Design Manual Figure 1: Roots lie in the upper 24 inches of soil and are easily damaged. Figure 2: Highly visible tree protection barriers. Figure 3 (below): Ideally, the protection barriers Should extend beyond the dripline. Reprinted with permission from Tree City USA Bulletin No.7. Natiooal Arbor Day Foundation. , ,, Serbe<:i Wllft with bnghtoC';"<>'e<t /tags To avoid short~ and long·term problems. early in the planning process consult all parties involved in the project. including the property owner, contractor. architect, engineer. and arborisl. Once trees are selected for preservalion. prepare a preservaTion plan thaT conTains specific tree preservation methods. Sel contracTOr gUidelines for tree protection within contracts. Such guidelines include: prominently mark protected areas: ereci barricades around designated trees: avoid vehicular traffic or parking in restricted areas: and prohibiT material storage. grad ing, and dumping of chemica ls and other materials in restricted areas. To ensure compliance, contractors should have trcc preservation bonds to cover potent ial noncompliance fines. Noncompliance fines are based on trees species. Tree value. replacement costs if reqUired, and the amount and type of damage done. Tree preservation bonds create an additional incentive for compliance. All parties should be aware of and agree TO the consequences for noncompliance. Before construct ion begins. conduct an on-site meeting with all panies. with special emphasis on educati ng the project contractor. Provide a handout that outlines the preservation plans to cveryone working on the project. The Importance of Protectin g a Tree's Root System Tree root systems contain large, woody roots. and small. short-lived absorbing roots. Large, woody roots arc perennial and grow horizontally and are mostly in the top 610 24 inches of the soil (Figure I). Their main fu nctions include anchorage. water and mineraltranspon, and nutrient and water storage. Smaller absorbing roots, averaging 1116 inch in diameter, constitute the majority of the root system's surface area. These roots grow outward and upward from the large roots, Ilear the soil surface where minerals, water and oxygen are abundant. Their major function is to absorb water and minerals. The root zone extends horizontally from the tree for a distance at least equal 10 the tree's height. Preserve at least SO percelll of the root system to mai ntain a healthy tree. During summer construction. trees require adequate water, cnough to saturate the soiL everyone to two weeks. Preventing Injury to Existing Trees Preventing damage is less costly than correcting it. Post highly-visible barricades and signs around the trees and areas TO be protected (Figures 2 and 3). The optimal size of barricaded areas varies by tree species, size. and construction project. For recently planted trees (one to four years), the area under the branches (dripJine) should be adequate. For minimal proteclion of trees older than four years. barricades should extend beyond the dripline: for each inch of diameter of the tree's trunk, add extend the protection area an additional foo \. For additional prOTection, a layer of wood chips (4 TO 6 inches deep) can be placed around each tree prior to placement of the barricades. Examine trees and barricades at least once a week during construction. Wheat Ridge Slreelscope Design Manual 43 Figure 4; SUrface grading severs many rOOIS. Figure 5; Trenching near trees can severely damage rOOI syslems. Figure 6; Construction vehicles can damage the existing soil structure by compressing soil particles. Figure 7; Within lwo years 01 adding 12 inches 01 soil, this tree died. 44 Avoid Direct Injury to Existing Trees There are four general fomls of direct tree injury caused by mechanized e{lui pment: bark removal. branch breakage. surface grading and trenching iruury (Figures 4 and 5). Bark removal or ~skin ning· of the trunk can be caused by any type of equipment. This can easily kill the tree. because it cannot survive without bark. Breakage of lower branches may make the tree unsightly or remove too many leaves. causing stress. Surface grading removes surface vegetation and topsoil that contains many absorbing roots. Also. injury often occurs to the Iree base. Trenching for uti lities can also cause substantial root damage and should be done far away from existing trees. In new developments. this can be done easily. Where the trench muSI pass under or near a tree. avoid substantial iruury by using a power auger to bore a lunnel under the roots. If trenching is unavoidable. place Ihe trench as far from Ihe Irunk as possible (minimum 8 feet), CUll ing as few roolS as possible. Cleanly prune cut roots and refilllrenches as soon as possible 10 prevent excessive moisture loss. Wounds make the tree highly susceptible to root pathogens and decay fungi. Decline and death can result if more than 40 percent of the stem or rOOIS are damaged or killed. Stressed [rces arc also more susceptible 10 insects such as bark beetles and borers. Avoid Soil Compation Problems After a tree is established, any activity that changes the soil condition is extremely detrimental to ilS health. Construction traffic compacts soil most severely near the surface, the area where the majority of tree roots lie (Figure 6). Soil compaction decreases soil permeability and interferes with essential gas exchange processes as well as surface surface and subsurface drai nage. When roof growth is restricted by compacted soils. less nutrients and water are ava ilable for plant growth. These factors limit root growth. reduce tree vigor and can cause tree death. Decline and dieback may gradually appear over a period of years. It is much easier to avoid soil compaction than to correct it. Keep construction tramc alld material storage away from tree root areas. Apply a 4 to 6 inch layer of wood chips around al1 protected trees 10 help reduce compaction from vehicles that inadvertently cross the barricades. Avoid Soil Fills When excessive amounts of soil are added around a trce base, Ihe additional soil interferes with normal air and moisture circu lation to the roots (Figure 7). Soil fills subject roots to improper gas exchange and can lead to carbon dioxide or toxic gas buildup. Minor fills (Jess than 3 inches) wi ll not harm most trees. The topSOil should be high in organiC matter and have good drainage properties --it should nOI be clay. Major changes in grading refjuire an air supply to the rOOlS. This can be accomplished with a drywell. Early symptoms of decline from excessive fill are srnallieaf size and premature fall coloration. Dieback of twigs and progressive dying of larger stems in the upper cro .... n also occurs. This dieback may not be noticed for several years. depending on tree species and ini(jaltree health. Avoid Soil Cuts Lowering the grade usually is less complicated than fills. but can be equally harmful. Where the grade has been changed near a tree, the most common damage is the complete severing of major roots in that area (Figure 8). This can cause decline, death or decreased stability to high winds. To protect the tree, terrace Ihe grade (Figure 9) or bui ld a re taining wall between the tree and the lower grade. Walls should encompass an area extending at leasl to the drip line. Wheat Ridge Streetscape Design Manual Figure 8: Lowering Ihe grade severs rOOIS and kills trees. 'co [)enrns, Co/orado Stale F()(est ServICe. and WR jacob>. professor. jJlOagrICullUfal sCIences 8f1(/pest tm/l18gemel1l • Figure 9: Terracing can substantially limit root injury. Reprinwd with permission from Tree City USA Bulletin No.7. National Arbor Day Foundation Pruning Injured Trees Trees with injured roots may show branch dieback quickly or within a few months after the initial injury. Prune dying branches 10 reduce insect and disease damage to the rest of the tree. Also prune 10 reduce allY hazardous co nditions on preserved trees. It is bener 10 wail until the tree exhibits branch die back to see how much to prune. rather than to arbitrarily remove parTs of the crown because you assume the root system was damaged. Wildfire regulations may require pruning to a height of 10 feet all trees around your home and outhuildings. Additional Information Fact Sheets · 2.926. Healrlty Roots and I-Ieall hy Trees · 6.302. Creating Wildfire-Defensible Zones · 7.4 19. Large Deciduous Trees Plan!lalk Colorado™ • I 709, Hiring a tree care company • 1721. Why prune shade Irees? · 1724. Pruning shade trees • 1730. When to prune Irees Websitcs • Colorado Slate University EXlension county office. ww\v.ext.co]ostate. edulcedi rcclory/allcou lllies2.cfrn • Colorado Slate Forest Service, csfs. colostatc.eduJindcx.htrn • American SOciety of Consulting Arborists. www.asca-consultanlS. org/index.hlml • I{ocky Mountain Chapler oflhe International SOciety or Arboricu lture. www.isarmc.org/pro/imlex.htm Colorado Slate UniverSllY. U.S Departmem 01 Agriculture and Colorado countres cooperating CSU ExtenSIOn pl'Ograms are avaotable to all w'thout d,ser"oonauon No endorsement 01 products mcnllOned is intended flOr 15 Cfi!Ieosrn Implied 01 products flO! mcnl.oOncd Wheat Ridge Streelscope Design Manual 45 APPENDIX B -RECOMMENDED PLANT LIST City of Wheat Ridge Recommended Shrubs " Wheat Ridge SIreetscope Design Manual , , 47 48 Nome r if Hedge SnowbeflY Wheal Ridge Slreelscape Design Manual City of Wheat Ridge Recotnmended Gras". and Grou"dCDven , Wheat Ridge Streetscape Design Manual 49 50 ! d Ii I I I 1 I I I I I I II II II i .1 ! !t I I, ! !: i i II j I • II I . i I, l! ! lr H I-!l II , !l I! i 1 ! I ; , I I ! I I II I I, H IP! II 'i I , It II I I. II H . , , , • • , ,, ,,I ,I• ,I, I I I ! I ! I ! ! I ! 1 I ~ II I i I ! I ! I I I I I I I I I II II II ! ! Ii I I I i " II ! 11 'I Ii , 1. 1 'j II I II !\ ! ,-Ii ! IIi 1ft IIOII! , I , I , I • , ! I ! ,I I I ! I I ! f I ! I I !. !. , !o --, , , , .,! ,I, ,!, ! ! ,! 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WheatRi9ge lTEMNO:~ DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 08-2011 AN ORDINANCE APPROVING THE ANNEXATION OF LAND LOCATED IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANXll-OllTABLEMOUNTAIN ANIMAL CENTER) D PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS ~ ORDINANCES FOR 1ST READING (03/14/2011) D ORDINANCES FOR 2ND READING (04/25/2011 QUASI-JUDICIAL: ~ YES NO City Manager ISSUE: Under the Municipal Annexation Act, the annexation of property to a municipality as an enclave must be accomplished by ordinance at a public hearing. Adoption of the attached cmmcil bill on first reading sets the public hearing to consider the annexation of property owned by Jefferson County on April 25, 2011. The property in question, currently located in lmllcorporated Jefferson County, was the former home to the Table Mountain Animal Center add~essed as 4150 YOlmgfield Road. The structure on the property was recently demolished as a new facility has been built at another location. The property is under contract to be sold by Jefferson County to Cabela's and Long's Peak Metropolitan District and included in a regional commercial development. J Staff is reco=ending Pl<umed Co=ercial Development zoning be placed on the property subsequent to the annexation action on April 25. Case No.ANX-ll-Ol fTab le Mountain Animal Center Council Action Fonn March 14, 2011 Page 2 PRIOR ACTION: An IGA obligating the City to certain actions regarding the property was approved by City Council on January 10, 2011. The IGA includes the provision that the annexation will not be finalized until a purchase agreement is approved between Jefferson County and the buyer(s), and if the property is not sold, the City agrees to discounect the land. FINANCIAL IMPACT: No fees were collected for this process. If the property is annexed and incorporated into the adjacent development parcel it could be developed into a major commercial node which would be an advancement of the City's goals for economic development and a diverse and resilient tax base. Upon development of the aunexed property, there will be an immediate responsibility of the City to provide police protection and street maintenance. BACKGROUND: The property is 36 acres in size, has frontage on YOlmgfield Service Road and includes the property to the north within the Clear Creek trail corridor. The northern and western portions of the property are encumbered with 100-year flood plain. Approximately nine acres of the site are developable. The property is being disposed of by Jefferson County as a new animal shelter was built on the Jefferson County Fairgrounds parcel. The COlmty and the City entered into an IGA regarding the annexation and zoning. The property is currently zoned Planned Development with some small pieces of A-I. A development plan by the name of Table Mountain Gateway was approved in 2007. The property is divided into different use areas. The "buildable" portion of the lot is allowed to have general commercial and light industrial uses. The "non-buildable" portions are limited to passive recreational uses. Guiding documents The City of Wheat Ridge'S Three-Mile Plan is an addendum to Envision Wheat Ridge, the City's comprehensive plan adopted in October 2009. The intent of a Three-Mile Plan is to show property outside the current City limit which may be considered for aunexation or be developed which may impact the City. The Three-Mile Plan designates the proposed annexation area as Regional Commercial on the southern one-third and open space on the northern two-thirds. The plan speaks to these designations with the intent for the Regional Commercial to include retail, employment, restaurants and hotel uses. The designation of "open space" is a designation to indicate the land should not be developed; but may not necessarily be owned by a public entity. Proposed zoning The property will be rezoned to Planned Commercial Development pursuant to Case No. WZ-11-01 with an accompanying Concept Outline Development Plan. This case is scheduled to be heard Council Action Fonn March 14, 2011 Page 3 on April 25, 2011, the same night as the annexation hearing. A Specific Outline Development Plan (Case No. WZ-II-02) will be heard that night as well. RECOMMENDED MOTION: "I move to approve COlllcil Bill No. 08-2011, an ordinance approving the armexation ofland located in Sections 19 and 20, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado to the City of Wheat Ridge on first reading, order it published, public hearing set for Monday, April 25, 2011 at 7:00 p.m. in City Council Chambers, and that it take effect upon recordation of the armexation plat." Or, "I move to deny Council Bill No. 08-2011, an ordinance approving the armexation ofland located in Sections 19 and 20, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado to the City of Wheat Ridge for the following reason( s) " REPORT PREPARED BY: Meredith Reckert, Senior Plarmer Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 08-2011 2. Annexation plat CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 08 Ordinance No . .,-__ _ Series 2011 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF LAND LOCATED IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX-11-01/TABLE MOUNTAIN ANIMAL CENTER) WHEREAS, the City Council has been presented with a request for the annexation of certain unincorporated area, more fully described on Exhibit A, attached hereto and fully incorporated herein by this reference (the "Property"), which area has been surrounded by the municipal boundaries of the City in excess of three years; and WHEREAS, the City has entered into an intergovemmental agreement with Jefferson County, Colorado regarding the Property, which agreement provides that the City shall not finalize its annexation of the Property unless and until certain conditions, detailed in the intergovernmental agreement, have been satisfied; and WHEREAS, the intergovernmental agreement also provides that Jefferson County waives its right to receipt of an annexation impact report pursuant to C.RS. 31-12-108.5, and therefore no such report has been or is required to be prepared with respect to this annexation; and WHEREAS, the conditions set forth in the intergovernmental agreement as preconditions to the City Council finalizing the annexation of the subject property have been or will be satisfied as of the date of final approval of this ordinance, and WHEREAS, notice of public hearing on this ordinance has been given in compliance with the Wheat Ridge Home Rule Charter and C.R.S. §§ 31-12-106(1) and 31-12-108(2) by publication once per week for four successive weeks and by registered mail to the Clerk of the Board County Commissioners, the County Attorney, the School District, and to any special district having territory in the area to be annexed; and WHEREAS, the City Council finds that as a consequence of the property being an enclave within the meaning of 31-12-106(106(1), C.RS., that the City may annex the Property without compliance with Sections 31-12-104,31-12-105, or 31-12-109 C.RS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Recitals Incorporated. The foregoing Recitals are fully incorporated herein by this reference. Attachment 1 Section 2. Annexation Approved. The annexation to the City of the real property described on Exhibit A is hereby approved. Section 3. Effective Date. This Ordinance shall take e'freet upon recordation of the annexation plat. " INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 14th day of March, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on .final passage set for April 25, 2011 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 , 2011. SIGNED by the Mayor on this __ day of _____ , 2011. ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney 2 ExhihitA legal Description of Annexed Property A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19 AND THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3, SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, THENCE Sa9°0a'59'W ALONG THE SOUTHERLY OF SECTION 19 A DISTANCE OF 1312.9a FEET TO THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29; THENCE NOoo07'26'W ALONG THE WESTERLY LINE OF SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19 A DISTANCE OF 939.25 FEET TO THE NORTHWEST CORNER OF LOT a, CABELAS/COORS SUBDIVISION FILING NO.1, AMENDED, RECORDED AT RECEPTION NO. 2006148911 AND THE POINT OF BEGINNING; THENCE NOoo07'26"W CONTINUING ALONG SAID WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19 A DISTANCE OF 382.28 FEET TO THE NORTHWEST CORNER, SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19 ALSO BEING A POINT ON ON THE SOUTHERLY LINE OF LOT 10, CABELAS/COORS, SUBDIVISION FILING NO.1, AMENDED RECORDED AT RECEPTION NO. 2006148911; THENCE N89°07'34"E ALONG THE SOUTHERLY LINE OF SAID LOT 1 0 AND THE SOUTHERLY LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 19 A DISTANCE OF 1319.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 0 AND THE SOUTHEAST CORNER, NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 1 9; THENCE NOoo08'15"E ALONG THE EASTERLY LINE OF SAID LOT 1 0 AND THE WESTERLY LINE OF SOUTHWEST QUARTER OF SECTION 20 A DISTANCE OF 752.93 FEET TO A POINT ON THE NORTHERLY LINE OF COMMISSIONERS DEED RECORDED AT RECEPTION NO. 2006018786', THENCE ALONG THE SAID NORTHERLY LINE THE FOLLOWING THREE (3) CONSECUTIVE COURSES 1.) N89°15'37"E A DISTANCE OF 235.71 FEET; 2.) THENCE N38°41'56"E A DISTANCE OF 132.40 FEET; 3.) THENCE N88°56'37"E A DISTANCE OF 559.97 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 70 RECORDED AT BOOK 1875, PAGE 159; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE THE FOLLOWING TWO (2) CONSECUTIVE COURSES; 1.) S21 °32'38"E A DISTANCE OF 266.54 FEET 2.) THENCE SOoo42'34"E A DISTANCE OF 927.88 FEET TO A POINT ON THE 3 NORTHEAST CORNER OF LOT 1, CABLEAS/COORS SUBDIVISION FILING NO.1, AMENDED; THENCE ALONG THE NORTHERLY LINE OF LOT 1, 2 AND 8, CABELAS/COORS SUBDIVISION FILING NO.1, AMENDED THE FOLLOWING FIVE (5) CONSECUTIVE COURSES 1.) S89°01'11"W A DISTANCE OF 990.43 FEET; 2.) THENCE SOoo08'15"W A DISTANCE OF 7.56 FEET; 3.) THENCE N89°39'36"WA DISTANCE OF 731.27 FEET; 4.) THENCE S64°57'34"W A DISTANCE OF 177.70 FEET; 5.) THENCE S89°52'34"W A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 36.092 ACRES OR 1,572,148 SQ. FT. MORE OR LESS. 4 CAD INrORMAllQN Popec Spac. Model Spoe. Plo\ ,;ow: Otne' ""ow: I Plqn vi~w(,): ""--~~-~ Owg. Nom.: ~~_ Ann"'2-'"',, ~~_ II i!I ! , ,! ~, ii~ " , ~ I ~.~ , , ---l ~ "• , , -,' -~ , ,, INlERSTA 7E: 70 (R."~V~ I • d -; I m 0 ~ ;pO z" 0:< ;pI "m O~ ~~ ,, i , ,~ ,>l ! -0 ~" :OO.fT1 ;P,,({) Z-;-; "mIm;P-; m m » <O({)O :Eg ll m-;O Z ()CJ:I:r:O Z (f)O--l:"2: r -leOmO m ~ Z -n(l) ~ 0 :;!-;-; >< m J:OCl» " Oome 9 [D » ~ -n T1 (1)}>}> Oc....XJJ-o m -l ~ Om-l--lOI 5=ii:r:gjJJ):: 0 J]m-oO:jcn ):>t5l!-n 0 Z °OZ(f)Z OzS2mO ~ ~ -oO"T1 f::::!~ » s:~m 1J m",({) "00 O~ e >0-1 ~:E~ Z;P ({)({) I-; =og "';p ({)J] 0-; em -;J] .J: 0 " ({) m 0 ::l 0 Z <0 , ~ • ,. AG.E NDA item 10 Resolution 08-2011 I ask that ~ou think twice before passing this Resolution. I*d like to remind you that you were elected ~ ~to represwent the citizens of your districts and of the City. This is not a Citizen driven desire. It is apparently proposesd and driven only by the desires and ambitions of the elected officials . Many people chose to live here because it was a nice place to lkive-a low density residential community with plenty of businesses to support the needs and wishes of the people. I doubt that very many are anxious to see the Wadsworth corridor conveerted to a high density, high intensity, high -rise corridor supporting . ·,the kind of density which you recently approved at 44th and Wadsworth. If that is their strong wish there has certainly been no open sign of it. Once you have rezoned a property-or many--it is too late to reconsider. Please deny or table indefinitly the proposed Resolution. Thank you, ~ . '~ ~!2/cf;¥ . ~'"". City of rWheat~dge ITEMNO:l DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 09-2011 AN ORDINANCE APPROVING PLANNED COMMERCIAL DEVELOPMENT (peD) ZONING FOR PROPERTY LOCATED AT 4t05 YOUNGFIELD SERVICE ROAD AND APPROVAL OF A PCD CONCEPT OUTLINE DEVELOPMENT PLAN ON PROPERTY LOCATED AT 4000 CABELA DRIVE AND 4105 YOUNGFIELD SERVICE ROAD (CASE NO. WZ-11-Ot/CLEAR CREEK CROSSING) o PUBLIC HEARING ~ ORDINANCES FOR 1 ST READING (03/14/2011) o BIDS/MOTIONS o ORDINANCES FOR 2ND READING (04/25/2011) o RESOLUTIONS ~ YES ISSUE: Pursuant to Case No. ANX-ll-Ol (COlmcil Bill No. 08-11), 36 acres of property located at 4150 Youngfield Service Road have been annexed into the City of Wheat Ridge. According to state statute, the property must be rezoned within 90 days. The annexed property is under contract to be sold by Jefferson County to Cabela's and Long's Peak Metropolitan District and included in a regional commercial development. The existing zoning on the Cabela'slCoors property located at 4000 Cabela Drive is Planned Commercial Development. A land use application has been submitted for a Planned Commercial Development Concept Outline Development Plan which includes the annexation parcel. In order to meet state statue and be incorporated into the development known as Clear Creek Crossing, the annexation parcel must be zoned Planned Commercial Development (PCD). Case No.ANX-ll -O lrrable Mountain Animal Center COlllcil Action Form March 14, 2011 Page 2 Approval of a Concept Outline Development Plan is the first step in the City's planned development process. The Concept ODP is intended to serve as the zoning document and addresses allowed uses, development standards and the character of the development. Adoption of the attached council bill on first reading sets the public hearing to consider the zoning on the TMAC parcel and approval of a Concept Outline Development Plan for April 25, 2011. PIDORACTION: An IGA obligating the City to certain actions regarding the property was approved by City Council on January 10, 2011. The IGA includes the provision that the annexation will not be finalized until a purchase agreement is approved between Jefferson County and the buyer(s), and if the property is not sold, the City agrees to disconnect the land. Planning Commission will be making a recommendation on the zoning and concept ODP at a public hearing held on March 17, 2011. A copy of the Planning Commission staff report and minutes will be included for further information about the proj ect. FINANCIAL IMPACT: Fees in the amount of $24,375 were collected for the review and processing of Case Nos. WZ-11-01 (subject case) and WZ-lI-02. lfthe annexation property is zoned PCD and incorporated into the adjacent development parcel it could be developed into a major commercial node which would be an advancement of the City's goals for economic development and a diverse and resilient tax base. BACKGROUND: The property annexed by Case No. ANX-11-01 is 36 acres in size, has frontage on Youngfield Service Road and includes the property to the north within the Clear Creek trail corridor. The northern and western portions of the property are encumbered with 1 OO-year flood plain. While the entire property will be zoned PCD and included in the proposed ODP, only about 9 acres of the site are developable. . The property already located in Wheat Ridge is 174 acres in size and was annexed into the City in 2005. It was zoned PCD with an ODP ODP approval for the entire 174 acres later that year. A final development plan (FDP) was approved in 2006 for construction of a 185,000 square foot Cabela's store. As the entire concept for development of the property has changed and includes new land (annexation property), a new concept ODP is required. The new concept Outline Development Plan (ODP) will accommodate the realignment of 40th Ave, show proposed access points and dictate development standards including landscaped coverage, permitted Floor Area Ratios and required parking. The Design Pattern Book accompanying the ODP document addresses other items such as allowed architectural materials, signage, landscaping design and streetscape improvements. Council Action Fonn March 14,2011 Page 3 The owners/applicants for this case have requested that a specific Outline Development Plan be heard on April 25, 2011 in addition to the annexation and concept ODP. Guiding documents The City of Wheat Ridge's Three-Mile Plan is an addendum to Envision Wheat Ridge, the City's comprehensive plan adopted in October 2009. The intent of a Three-Mile Plan is to show property outside the current City limit which may be considered for annexation or be developed which may impact the City. The Three-Mile Plan designates the proposed annexation area as Regional Commercial on the southern one-third and open space on the northern two-thirds. The plan speaks to these designations with the intent for the Regional Commercial to include retail, employment, restaurants and hotel uses. The designation of "open space" is a designation to indicate the land should not be developed; but may not necessarily be owned by a public entity. Envision Wheat Ridge specifically designates this property as a Regional Commercial Center. It is intended that the center will feature several anchor stores and other retail tenants, in addition to secondary uses such as employment, restaurants, or a hotel. The property and buildings within the center should be designed with landscaping, high quality urban design and architecture. It should preserve significant views and incorporate green space. RECOMMENDED MOTION: "1 move to approve Conncil Bill No. 09-2011, an ordinance approving Planned Commercial Development (PCD) zoning for property located at 4105 Yonngfield Service Road and approval of a PCD concept Outline Development Plan on property located at 4000 Cabela Drive and 4105 Youngfie1d Service Road on first reading, order it published, public hearing set for Monday, April 25, 2011 at 7:00 p.m. in City COlllcil Chambers, and that it take effect 15 days after final publication. Or, "1 move to postpone indefinitely Conncil Bill No. 09-2011, an ordinance approving Planned Commercial Development (PCD) zoning for property located at 4105 Yonngfield Service Road and approval of a PCD concept Outline Development Plan on property located at 4000 Cabela Drive and 4105 Youngfield Service Road for the following reason(s) " REPORT PREPARED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 09-2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER, _____ _ Council Bill No. 09 Ordinance No. --:--::-::-__ Series of 2011 TITLE: AN ORDINANCE APPROVING PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONING FOR PROPERTY LOCATED AT 4105 YOUNG FIELD SERVICE ROAD AND APPROVAL OF A PCD CONCEPT OUTLINE DEVELOPMENT PLAN ON PROPERTY LOCATED AT 40()0 CABELA DRIVE AND 4105 YOUNGFIELD SERVICE ROAD (CASE NO. WZ-11-01/CLEAR CREEK CROSSING) WHEREAS, an Intergovernmental agreement between the City of Wheat Ridge and Jefferson County has been executed regarding property located at 4105 Youngfield Service Road regarding annexation and zoning of said property; and, WHEREAS, the property is being considered for annexation, and zoning on it must be approved within 90 days of approval of the annexation; and, WHEREAS, a land use application has been filed for a Planned Commercial Development concept Outline Development plan for property located at 4000 Cabela Drive which incorporates property located at 4105 Youngfield Service Road. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: . Section 1. Upon application by Cabela's, Coors and Jefferson County, approval of Planned Commercial Development (PC D) zoning for property located at 41 05 Youngfield Service Road and approval of a PCD concept Outline Development Plan for property located at 4000 Cabela Drive and 4105 Youngfield Service Road, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Planned Commercial Development zoning and a concept Outline Development Plan are approved for the following described property: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, THE SOUTHWEST QUARTER OF SECTION 20, THE NORTHWEST QUARTER OF SECTION 29 AND THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A THE WEST QUARTER CORNER OF SAID SECTION 29; THENCE N01°01'46"W A DISTANCE OF 997.38 FEET TO A POINT ON THE Attachment 1 1 SOUTHERLY LINE OF THE CABELAS /COORS SUBDIVISION FILING NO.1, AMENDED, AS RECORDED AT RECEPTION NUMBER 2006148911, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY AND WESTERLY LINE OF SAID CABELAS /COORS SUBDIVISION FILING NO.1, AMENDED THE FOLLOWING 14 COURSES: 1) CONTINUING N01 °01 '46"W A DISTANCE OF 323.41 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; 2) THENCE S89°10'06'W ALONG THE SOUTHERLY LINE OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 1315.31 FEET TO THE SOUTHWEST CORNER OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; 3) THENCE NOo055'43'W ALONG THE WESTERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 1320.36 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; 4) THENCE NOoo07'26"W ALONG THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19 A DISTANCE OF 913.46 FEET; 5) THENCE S89°07'35"W A DISTANCE OF 57.62 FEET; 6) THENCE 212.18 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 791.19 FEET, A CENTRAL ANGLE OF 15°21'56" AND A CHORD WHICH BEARS N50055'44"WA DISTANCE OF 211.55 FEET; 7) THENCE 342.40 FEET ALONG THE ARC OF A NONTANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1529.61 FEET, A CENTRAL ANGLE OF 12°49'33" AND A CHORD WHICH BEARS N75°38'47"W A DISTANCE OF 341.69 FEET TO A POINT OF COMPOUND CURVATURE; 8) THENCE 179.98 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1022.23 FEET, A CENTRAL ANGLE OF 10°05'16" AND A CHORD WHICH BEARS N87"06'12"W A DISTANCE OF 179.75 FEET; 9) THENCE S87"51'10"WA DISTANCE OF 175.73 FEET; 10) THENCE NOo023'08"W A DISTANCE OF 174.56 FEET; 11) THENCE S89°07'35"W A DISTANCE OF 410.63 FEET TO A POINT ON THE WESTERLY LINE OFTHE SOUTHEAST QUARTER OF SAID SECTION 19; 12) THENCE NOo023'08"W ALONG SAID WESTERLY LINE A DISTANCE OF 171.61 FEET; 13) THENCE 467.85 FEET ALONG THE ARC OF A NON-TANGENT TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 505.40 FEET, A CENTRAL ANGLE OF 53°02'20" AND A CHORD WHICH BEARS N28°13'13"E A DISTANCE OF 451.32 FEET; 14) THENCE N01 °42'03"E A DISTANCE OF 141.51 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 58; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID HIGHWAY 58 THE FOLLOWING 8 COURSES: 1) N87"01'33"E A DISTANCE OF 1968.69 FEET; 2) THENCE S81 °54'27"E A DISTANCE OF 338.62 FEET; 3) THENCE S33°53'52"E A DISTANCE OF 103.60 FEET; 4) THENCE S87"08'19"E A DISTANCE OF 51.00 FEET; 5) THENCE N69°45'24"E A DISTANCE OF 13.67 FEET TO A POINT ON THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 9; 6) THENCE N69°45'14"E A DISTANCE OF 383.88 FEET; 7) THENCE S87"08'21"E A DISTANCE OF 142.63 FEET; 8) THENCE 592.11 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT 2 HAVING A RADIUS OF 577.60 FEET, A CENTRAL ANGLE OF 58°44'05" AND A CHORD WHICH BEARS S5T08'25"E A DISTANCE OF 566.52 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY 70; THENCE SOo042'34"E ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 765.67 FEET TO THE NORTHEAST CORNER OF THE CABELAS I COORS SUBDIVISION FILING NO.1, AMENDED; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID SUBDIVISION THE FOLLOWING 5 COURSES: 1) SOo041'49"E A DISTANCE OF 1005.12 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 29; 2) THENCE SOoo45'44"E TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 29 A DISTANCE OF 1321.80 FEET; 3) THENCE SOo043'38"E A DISTANCE OF 241.50 FEET; 4) THENCE S06°23'52'W A DISTANCE OF 82.23 FEET; 5) THENCE S89°24'56'W A DISTANCE OF 986.91 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 210.972 ACRES MORE OR LESS. Section 2. Vested Property Rights. Approval of this zoning and concept ODP approval does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to __ -, on this 14th day of March, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on 3 final passage setfor April 25, 2011, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 25th day of April, 2011. SIGNED by the Mayor on this ___ day of ________ , 2011. ATTEST: Michael Snow, City Clerk 1 st publication: 2nd publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to form by City Attorney Gerald Dahl, City Attorney 4 »< ~', City of p WheatRLdge lTEMNO:~ DATE: March 14,2011 REQUEST FOR CITY COUNClL ACTION TITLE: COUNClL BlLL NO. 10-2011 -AN ORDINANCE APPROVING A PLANNED COMMERCIAL DEVELOPMENT (PCD) SPECIFIC OUTLINE DEVELOPMENT PLAN ON PROPERTY LOCATED AT 4000 CABELA DRIVE AND 4105 YOUNGFIELD SERVICE ROAD, MORE PARTICULARLY IDENTIFIED AS LOTS 1.1, 2.1, 2.2, 2.3, 2.4, 3, 5.1, 5.2 AND 5.3 WITHIN THE CLEAR CREEK CROSSING CONCEPT OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-ll-02/CLEAR CREEK CROSSING) o PUBLIC HEARING o BIDSfMOTIONS ~ ORDINANCES FOR 1 ST READING (0311 4/20 11) o ORDINANCES FOR 2ND READING (04/25/2011) o RESOLUTIONS QUASI-JUDICIAL: ~ YES o NO g~o1{ Community Deve opm t Director ISSUE: Thirty-six acres of property located at 41 50 Youngfield Service Road has been annexed into the City of Wheat Ridge and zoned Planned Commercial Development. The annexed property is under contract to be sold by Jefferson COlmly to Cabela's and Long's Peak Metropolitan District and included in a regional corrunercial development with property located at 4000 Cabela Drive. A Planned Commercial Development (PCD) Concept Outline Development Plan has been approved for the combined 210 acres pursuant to Case No. WZ-II -0l (Colmcil Bill No. 09-2011). A land use application has been submitted for a Planned Commercial Development Specific Outline Development plan for the combined parcels identified on the Concept ODP as Lots 1.1, 2.1,2.2,2.3,2.4,3,5.1, 5.2 and 5.3. Approval of a Specific Outline Development Plan is the Case No.ANX-ll-O [rrable Mountain Animal Center Council Action Form March 14, 20ll Page 2 second step in the City's planned development process. If approved, the applicant can proceed to administrative Final Development Plan (FDP) and subdivision. Adoption ofthe attached council bill on first reading sets the public hearing to consider a specific Outline Development Plan on April 25, 2011. PRIOR ACnON: By prior action and in accordance with the lGA with Jefferson County, the property at 4105 Y oungfield Service Road has been annexed and zoned. A Planned Commercial Development (PCD) concept Outline Development Plan for Clear Creek Crossing was approved pursuant to Council Bill 09-2011. Planning Commission will be making a recommendation on the Specific ODP at a public hearing to be held on March 17, 2011. A copy of the Planning Commission staff report and minutes will be included for further information about the project. FINANCIAL IMPACT: Fees in the amount of $24,375 were collected for the review and processing of Case Nos. WZ-11-01 and WZ-11-02 (subject case). lfthe proposed specific Outline Development Plan is approved and the property developed accordingly into a major commercial node, there would be an advancement of the City's goals for economic development and a diverse and resilient tax base. BACKGROUND: The property known as Clear Creek Crossing Planned Commercial Development is comprised of210 acres ofland. A Concept ODP was approved which established permitted uses, building Floor Area Ratios and parking requirements. The Design Pattern book further addressed sigrtage, architectural materials, transparency requirements and streetscape standards. Both the concept and specific ODP's reflect the new development scenario for the project which includes realignment ofW. 40th Avenue, the addition of a retail village and inclusion of other anchor tenants, in addition to a 135,000 square foot Cabela's store. The specific ODP is intended to define site layout and includes specific information regarding proposed building locations, parking areas, loading areas and pedestrian connections. An important component of the specific ODP is the requirement for architectural elevations for all structures. This application has been through a standard City and outside agency referral process. No major outstanding issues of concern have been raised. Council Action Form March 14,2011 Page 3 Guiding documents Envision Wheat Ridge specifically designates this property as a Regional Commercial Center. It is intended that the center will feature several anchor stores and other retail tenants, in addition to secondary uses such as employment, restaurants, or a hotel. The property and buildings within the center should be designed with landscaping, high quality urban design and architecture. It should preserve significant views and incorporate green space. RECOMMENDED MOTION: "I move to approve COlmcil Bill No. 10-2011, an ordinance approving a PCD Specific Outline Development Plan on property located at 4000 Cabela Drive and 4105 Y oungfie1d Service Road more particularly described as Lots 1.1,2.1,2.2,2.3,2.4,3,5.1,5.2 and 5.3 within the Clear Creek Crossing Concept Outline Development Plan on first reading, order it published, public hearing set for Monday, April 25, 2011 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely COlmcil Bill No. 10-2011, an ordinance approving a PCD Specific Outline Development Plan on property located at 4000 Cabela Drive and 4105 Youngfield Service Road more particularly described as Lots 1.1,2.1,2.2,2.3,2.4, 3, 5.1, 5.2 and 5.3 within the Clear Creek Crossing Concept Outline Development Plan for the following reason(s) " REPORT PREPARED BY; Meredith Reckert, Senior Plarmer Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. COlmcil Bill No. 10-2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER. _____ _ Council Bill 1'110.10 Ord i nance No. ----:--::-:-:-:-_ Series of 2011 TITLE: AN ORDINANCE APPROVING A PLANNED COMMERCIAL DEVELOPMENT (PCD) SPECIFIC OUTLINE DEVELOPMENT PLAN ON PROPERTY LOCATED AT 4000 CABELA DRIVE AND 4105 YOUNGFIELD SERVICE ROAD MORE PARTICULARLY DESCRIBED AS LOTS 1.1, 2.1, 2.2, 2.3, 2.4, 3, 5.1, 5.2 AND 5.3 WITHIN THE CLEAR CREEK CROSSING CONCEPT OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-11-02/CLEAR CREEK CROSSING) WHEREAS, property located at 4105 Youngfield was annexed into the City pursuant to Ordinance No. 08-11; and WHEREAS, the same property was rezoned to Planned Commercial Development (PCD) pursuant to Ordinance No. 09-11; and, WHEREAS, a Planned Commercial Development Concept Outline Development Plan was approved for property located at 4000 Cabela Drive which incorporates property located at 4105 Youngfield Service Road; and WHEREAS, the next step of the planned development process is a Specific Outline Development Development Plan (ODP); and WHEREAS, a land use application has been filed for a Planned Commercial Development Specific Outline Development plan for property located at 4000 Cabela Drive and 4105 Youngfield Service Road for various Lots within the Clear Creek Crossing Concept Outline Development Plan. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Cabela's, Coors and Jefferson County, approval of a Planned Commercial Development (PCD) specific Outline Development Plan for property located at 4000 Cabela Drive and 4105 Youngfield Service Road, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a PCD specific Outline Development Plan is hereby approved for the following described property: LOTS 1.1, 2.1, 2.2, 2.3, 2.4, 3, 5.1, 5.2 and 5.3 within the Clear Creek Crossing Concept Outline Development Plan described as follow: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, THE SOUTHWEST QUARTER OF SECTION 20, THE NORTHWEST QUARTER OF SECTION 29 AND THE NORTHEAST QUARTER Attachment 1 1 OF SECTION 30, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A THE WEST QUARTER CORNER OF SAID SECTION 29; THENCE N01°01'46"WA DISTANCE OF 997.38 FEET TO A POINT ON THE SOUTHERLY LINE OF THE CABELAS I COORS SUBDIVISION FILING NO.1, AMENDED, AS RECORDED AT RECEPTION NUMBER 2006148911, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY AND WESTERLY LINE OF SAID CABELAS I COORS SUBDIVISION FILING NO.1, AMENDED THE FOLLOWING 14 COURSES: 1) CONTINUING N01 °01 '46"W A DISlANCE OF 323.41 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; 2) THENCE S89°10'06''W ALONG THE SOUTHERLY LINE OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 1315.31 FEET TO THE SOUTHWEST CORNER OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; 3) THENCE NOo055'43"W ALONG THE WESTERLY LINE OF THE THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 1320.36 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; 4) THENCE NOoo07'26''W ALONG THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19 A DISTANCE OF 913.46 FEET; 5) THENCE S89°07'35"W A DISTANCE OF 57.62 FEET; 6) THENCE 212.18 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 791.19 FEET, A CENTRAL ANGLE OF 15°21'56" AND A CHORD WHICH BEARS N50055'44"W A DISTANCE OF 211.55 FEET; 7) THENCE 342.40 FEET ALONG THE ARC OF A NONTANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1529.61 FEET, A CENTRAL ANGLE OF 12°49'33" AND A CHORD WHICH BEARS N75°38'47"W A DISTANCE OF 341.69 FEET TO A POINT OF COMPOUND CURVATURE; 8) THENCE 179.98 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1022.23 FEET, A CENTRAL ANGLE OF 10°05'16" AND A CHORD WHICH BEARS N8r06'12"W A DISTANCE OF 179.75 FEET; 9) THENCE S8r51'10"WA DISTANCE OF 175.73 FEET; 10) THENCE NOo023'08"W A DISTANCE OF 174.56 FEET; 11) THENCE S89°07'35"W A DISTANCE OF 410.63 FEET TO A POINT ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19; 12) THENCE NOo023'08"W ALONG SAID WESTERLY LINE A DISTANCE OF 171.61 FEET; 13) THENCE 467.85 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 505.40 FEET, A CENTRAL ANGLE OF 53°02'20" AND A CHORD WHICH BEARS N28°13'13"E A DISTANCE OF 451.32 FEET; 14) THENCE N01°42'03"E A DISTANCE OF 141.51 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 58; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID HIGHWAY 58 THE FOLLOWING 8 COURSES: 1) N8r01'33"EA DISTANCE OF 1968.69 FEET; 2) THENCE S81°54'27"E A DISTANCE OF 338.62 FEET; 3) THENCE S33°53'52"E 2 A DISTANCE OF 103.60 FEET; 4) THENCE S8r08'19"E A DISTANCE OF 51.00 FEET; 5) THENCE N69'45'24"E A DISTANCE OF 13.67 FEET TO A POINT ON THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19; 6) THENCE N69'45'14"E A DISTANCE OF 383.88 FEET; 7) THENCE S8r08'21"E A DISTANCE OF 142.63 FEET; 8) THENCE 592.11 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 577.60 FEET, A CENTRAL ANGLE OF 58°44'05" AND A CHORD WHICH BEARS S5r08'25"E A DISTANCE OF 566.52 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY 70; THENCE SOo042'34"E ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 765.67 FEET TO THE NORTHEAST CORNER OF THE CABELAS I COORS SUBDIVISION FILING NO.1, AMENDED; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID SUBDIVISION THE FOLLOWING 5 COURSES: 1) SOo041'49"E A DISTANCE OF 1005.12 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 29; 2) THENCE SOo045'44"E TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 29 A DISTANCE OF 1321.80 FEET; 3) THENCE SOo043'38"E A DISTANCE OF 241.50 FEET; 4) THENCE S06°23'52'W A DISTANCE OF 82.23 FEET; 5) THENCE S89°24'56"W A DISTANCE OF 986.91 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 55.61 ACRES MORE OR LESS. Section 2. Vested Property Rights. Approval of this zoning and specific ODP approval does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6. This Ordinance shall take effect 15 days after final publication. 3 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this 14th day of March, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for April 25, 2011, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 25th day of April, 2011. SIGNED by the Mayor on this ___ day of ________ , 2011. ATTEST: Michael Snow, City Clerk 1st publication: 2nd publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to form by City Attorney Gerald Dahl, City Attorney 4 ... " I" ~ ~ City of rwn-eat~ge ITEM NO: DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2011 AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS SECTION 26-805, CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT AND RELATED SECTIONS OF ARTICLE VII OF CHAPTER 26 o PUBLIC HEARlNG o BlDSIMOTIONS o RESOLUTIONS IZI ORDINANCES FOR 1ST READING (03114/2011) o ORDINANCES FOR 2ND READING (03128/2011) QUASI-JUDICIAL: 0 YES "cP~'"'~trr ISSUE: . City Manager This ordinance establishes standards for the maintenance of existing nonconforming structmes for human occupancy within the City's established floodway district. PRIOR ACTION: The COlmcil previously discussed this issue at the December 13, 2010 City COlIDcil Meeting aud directed that an ordinance be prepared. FINANCIAL IMPACT: There will be 110 financial impact to the City from this ordinance. BACKGROUND: Section 26-805 of the Code governs uses in the City's floodway district, which is characterized by hazardous and significant depths and velocities in the event of a 100-year flood event. Uses cllrrentlyperrnitted in the floodway district are very limited. For example, structures for human habitation are not currently listed as a permitted use. However, when the cunent floodway district ordinance was adopted in 2001, approximately 80 structmes for human occupancy (mainly residences) were in existence in the floodway district and concurrently became nonconforming uses within the floodway district Council Action Form March 14, 2011 Page 2 As nonconforming uses, these residences are subject to Sec. 26-807, which allows improvement to a nonconforming structure so long as the use is changed to a conforming use. As a result, Sec. 26-807 operates as a bar to property owners improving their residences in the floodway district, because "structures for human occupancy" are not listed as a conforming use in Section 26-805. Ultimately, at such time as a property owner stops using or needs to improve his or her property, that property owner is effectively prohibited from using the structure. One of the stated goals of Chapter 26, Article VIII of the Code is to protect public health, safety and welfare, not to deprive property owners of the use of their property. In order to balance these competing interests, the ordinance allows certain structures for human occupancy (which were present as of February 2001, the date of adoption of the present floodway district regulations) to remain and be improved, so long as they comply with the stated safety requirements contained in the remainder of Article VIII, which would otherwise be unavailable but for this ordinance. In addition to the considerations explained above, the City Attorney's office consulted with FEMA regarding the adoption of this ordinance and any safety concerns it might raise for FEMA. Because the improvements being allowed are only on existing structures and such improvements are required to comply with the standards for Class II Special Exception Permits, FEMA did not have substantive comments on the effect of the ordinance. RECOMMENDATIONS: Approve Council Bill No. 11-2011 on first reading. RECOMMENDED MOTION: "I move to approve CouncilI~i]l No. 11-2011, an ordinance amending the Wheat Ridge Code of Laws Section 26-805, concerning nonconforming structures in the floodway district and related sections of Article VII of Chapter 26 and set the same for second reading and public hearing for March 28,2011, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 11-2011, an ordinance amending the Wheat Ridge Code of Laws Section 26-805, concerning nonconforming structures in the floodway district and related sections of Article VII of Chapter 26 for the following reason(s) " REPORT PREPAREDIREVIEWED BY: Gerald E. Dahl, City Attorney Tim Paranto, Director of Public Works ATTACHMENTS: 1. Council Bill No. 11-2011 2. Memorandum from City Attorney CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 11 Ordinance No. ___ _ Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT AND RELATED SECTIONS OF ARTICLE VII OF CHAPTER 6 WHEREAS, the City of Wheat Ridge, acting through its City Council, has previously adopted Article VIII of Chapter 26 of the Wheat Ridge Code of Laws (the "Code") entitled "Floodplain Control;" and WHEREAS, Section 26-805.C of the Code prohibits structures within the "Floodway District" defined by Code Section 26-802 and as described in Code Sections 26-804 and 26-806; and WHEREAS, there currently exist numerous structures for human occupancy within the Floodway District which are legal nonconforming uses, but which, as a consequence of Code Section 26-805.C.1, could not be rebuilt if destroyed; and WHEREAS, the Council wishes to allow such structures to be rebuilt, subject to reasonable requirements to ensure safety of human occupants. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-805, sections Band C, of the Wheat Ridge Code of Laws are amended to read as follows: 26-805. Floodway District. A. B. Permitted uses. The following open uses shall be permitted within the Floodway District to the extent that they are not prohibited in a particular area by any underlying zoning ordinance and do not include any structures(EXCEPT AS PERMITTED BY SECS. 26-805.B.4 AND 26-805.C.1 BELOW), OR filling or deposit of materials, and do not cause any increase in the base flood elevation of the Floodway District. 1. Agricultural uses such as general farming, pasture, truck farming, forestry, sod farming and wild crop harvesting; 2. Public and private recreational uses not requiring permanent or temporary structures such as parks, swimming areas, golf courses, driving ranges, picnic grounds, wildlife and nature preserves, game Attachment 1 farms, fish hatcheries, shooting preserves, target ranges and hunting, fishing and hiking areas; 3. Utility facilities such as flowage areas, transmission lines, pipelines, water monitoring devices, roadways and bridges; 4. STRUCTURES FOR HUMAN OCCUPANCY WHICH WERE IN EXISTENCE AS OF FEBRUARY 26, 2001, SUBJECT TO SECTION 26-807 (NONCONFORMING USES) AND RECONSTRUCTED OR SUBSTANTIALLY IMPROVED NONCONFORMING STRUCTURES PERMITTED PURSUANT TO SECTIONS 26-807.B AND 26-807.F; AND 5. Uses being similar in nature to these permitted uses may be allowed, provided that they are consistent with the provisions of these regulations. C. Prohibited Uses. 1. Structures, EXCEPT TO THE DEGREE PERMITTED BY SECTION 26-805.B.4, fill or deposition of materials shall be prohibited in the Floodway District. 2. The storage or processing of materials that are buoyant, flammable or explosive, or any hazardous liquid or soluble matter which in times of flooding could be injurious to human, animal or plant life shall be prohibited within within the Floodway District. Section 2. Section 26-806.A of the Wheat Ridge Code of Laws is amended to read as follows: 26-806. Flood Storage District. A. Application and description. These regulations shall apply to all properties designated as within the Flood Storage District, EXCEPT AS ALSO APPLIED TO CERTAIN STRUCTURES IN THE FLOODWAY DISTRICT BY SEC. 26-805.8.4. Section 3. Section 26-807 of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 26-807. Non-conforming uses AND STRUCTURES. The existing lawful use of a structure or premises which is not in conformity with the provisions of these regulations may be continued subject to the following conditions: A. No such use shall be expanded or enlarged except in conformity with the provisions of these regulations. -2- 8. No substantial improvement (EXCEEDING 50% OF THE PRIOR VALUE OF THE STRUCTURE) to any nonconforming structure over the life of the structure shall be allowed unless the nonconforming tISe STRUCTURE is permanently changed to a conforming tlSeSTRUCTURE, EXCEPT THOSE NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT. SUBSTANTIAL IMPROVEMENT OF STRUCTURES IN THE FLOODWAY DISTRICT SHALL BE PERMITTED SUBJECT TO THE REQUIREMENTS OF SECTION 26-806.D, E and F, PROVIDED, HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. C. If such use is discontinued for twelve (12) consecutive months, any future use of the building and premises shall conform to these regulations. D. Uses or adjuncts thereof which are nuisances shall not be permitted to continue as nonconforming uses. E. Any alteration, addition or repair to any nonconforming structure permitted pursuant to subsection 8., above, shall be protected by flood proofing measures pursuant to section 26-808CA.a. F. FOR PURPOSES OF SEC. 26-805.8.4, RECONSTRUCTION OF A NONCONFORMING STRUCTURE SHALL COMMENCE WITHIN TWO (2) YEARS OF THE EVENT GIVING RISE TO THE NEED FOR SUCH RECONSTRUCTION. SUCH RECONSTRUCTION SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 26-806.D, E and F, PROVIDED, HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. Section 4. 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 5. 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 vole of _ to _ on this __ day of , 2011, ordered published with Public Hearing and consideration on final passage set for March 28, 2011 at 7:00 p.p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication. -3- READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED by the Mayor on this __ day of _____ , 2011. ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney -4- ~~-.J ' MU'H'AY DAJ-d L ... _-l J< UIf::G""'.f £'1·qM ~ 1 5T£R ~_ R!!i:N~U a LLp::t MEMORANDUM TO: Mayor and Council FROM: Gerald E. Dahl, City Attorney DATE: February 15, 2011 RE: Ordinance amending Floodway District At the Council study session on this item, Councilwoman Berry raised the question of the potential effect of this ordinance on flood insurance rates. The City Attorney's office contacted FEMA for consultation on this matter, and reports as follows: Impact on individual insurance rates: The local Federal Hazards Specialist for FEMA indicated that nothing about the ordinance itself would make individual homeowners' insurance rates increase. When a person attempts to substantially improve their residence under the revised Code section, that person's insurance rates might actually decrease if they are required to comply with all of the flood proofing measures (such as raising the first floor to l' above base flood elevation); because, in the end, the home will be safer than it was before. However, However, in making such improvements, the owner will likely incur expenses in order to ensure the home is compliant with the Code. Further, if for some reason a homeowner has not previously obtained flood insurance, they will likely be required to do so at the time of improving their property. Impact on City's rating: The City is part of the National Flood Insurance Plan Community Rating System ("CRS"). Currently, the City has been very proactive in protection of its floodplain and has received a very good rating. Flood insLJrance policies purchased within the floodplain are at a 15% discount, and flood insurance policies purchased outside of the floodplain are given a 5% discount as a result of the City's rating. The City's flood insurance program is not at risk with this ordinance. Attachment 2 • j , ~ r City of r \VheatR.Ldge ITEMNO:~ DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT MEMBERS TO THE BUILDING CODE ADVISORY BOARD o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING o ORDINANCES FOR 2ND READING QUASI-JUDICIAL: 0 YES City Clerk ISSUE: On February 28, 2011 City Council passed Ordinance 1478 amending the Membership and Powers of the Building Code Advisory Board per the Wheat Ridge Code of Laws, Section 2-59. While the Board must still maintain staggered 3-year terms per the Code of Laws, the restructuring of the Board composition in Ordinance 1478 requires re-appointment of an existing Board seat with different term ending dates. At this same time, Council may also choose to appoint new qualified Board members. BACKGROUND: The new board composition shall consist of five members, one appointed from each ofthe four COlIDcil Districts and one at-large member. All members shall be qualified by experience and trained to pass upon matters pertaining to building construction. The Board shall have representatives from the following categories as regular members: • One licensed architect • One licensed engineer • One builder • Two other members from any field related to the construction industry Alternate members may be appointed to the Building Code Advisory Board to preside in the absence of regular members and may be from any fields related to the construction industry. V:IF onns\CAFtemplate Council Action Form March 14,2011 Page 2 The table below summarizes the current composition of both expertise and District representation on the Board: BOARD Expertise District Representation COMPOSITION Licensed Licensed Other Dist Dist At-Architect Engineer Builder Related Dis! I Dist II III IV Lar~e Ron Abo X X Philip Plummer X X Ralph Santangelo X X X John Kellow X X The four current board members satisfy the complete expertise requirements as per the Wheat Ridge Code of Laws. Subsequent appointed members may be from any field of expertise related to building construction. There is currently no District I representation on the Board. One application has been submitted, by William Starker, to represent District 1. Alternate members may also be appointed to the Board to serve in the absence of a regular Board member and may "be from any field related to building construction. One additional new Board member application has been submitted by Thomas Abbott to represent District III. Board member tertns must must be 3-year, staggered terms. As such, the existing terms have been adjusted to comply with this requirement while in the newly organized Board composition. The Board member terms in the following table are recommended, which maintain the same termending dates for three of the four existing Board members. Current New Term Dist. Name Term Dist. Address Phone nla I 31212014 I 3/2/2013 II Philip Plummer 3/2/2013 II 10398 W. 41 st Ave. 303-421-4324 312/2012 III Ronald Abo 3/2/2012 III 45 Hillside Dr. 303-202-3537 3/2/2013 III RalphP. 312/2014 AL 380 I Wright ct. 303-422-5138 Santangelo 312/2012 IV John Kellow 312/2012 IV 4740 Parfet St. 303-525-4663 Under this recommended Board composition, the later of the two current District III seats, currently occupied by Ralph Santangelo, must be re-appointed as an at-large representative and with the specified term-ending date. Current Board members were notified by the City Clerk of the changes made by Ordinance 1478. All have expressed desire to continue serving their terms under the new organization and Council Action Fonn March 14, 2011 Page 3 responsibilities. Ralph Santangelo was also notified and apprised of the recommended reappointment with an extended tenn-ending date. In addition, one new Board member application has been submitted by Thomas Abbott to represent District III on the Building Code Advisory Board. RECOMMENDATIONS: The follmving appointments are recommended: o Ralph Santangelo to be re-appointed as an at-large member, tenn ending 3/212014 o William Starker to be appointed as District I representative Board member, term ending 3/212014 Additional alternate Board members may be appointed at Council's discretion. RECOMMENDED MOTION: "I move to appoint Ralph Santangelo to the Building Code Advisory Board as an at-large member, tenn to expire March 2nd, 2014. I move to appoint William Starker to the Building Code Advisory Board, representing District I, term to expire March 2nd, 2014. I move to appoint ____ ---, ___ to the Building Code Advisory Board as an alternate member, tenn to expire __ _ Or, "I move to deny approval of the following appointment(s) to the Board of Adjustment, for the following reason( s) " REPORT PREPAREDIREVIEWED BY; Michael Snow, City Clerk ATTACHMENTS: 1. Ordinance 1478 2. Application, William Starker 3. Application, Thomas Abbott CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 05 Ordinance No. 1478 Series 2011 TITLE: AN ORDINANCE AMENDING SECTION 2-59 OF THE WHEAT RiDGE CODE OF LAWS, CONCERNING THE MEMBERSHIP AND POWERS OF THE BUilDING CODE ADVISORY BOARD WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council has exercised these powers by the adoption of Chapter 2 of the Wheat Ridge Code of Laws ("Code") concerning administration, and including the creation and membership of a Building Code Advisory Board (the" Board"); and WHEREAS, The City Council wishes to permit flexibility in filling vacancies on the Board within the constraints imposed by the City's Home Rule Charter and Section 2-53 of the Code; and WHEREAS, the City Council wishes to amend the review criteria applied by the Board in its decision-making process. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OF WHEAT RIDGE, COLORADO: Section 1. Section 2-59 of the Wheat Ridge Code of Laws is hereby amended to read in its entirety as follows: (a) There is hereby established a building code advisory board in order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of the "INTERNATIONAL Uniform Build'lng Code," AS ADOPTED BY SECTION 5-76 OF THIS CODE. (b) The building code advisory board shall have the authority and obligation to propose, revise, and annually review provisions for energy conservation in buildings for the city, AND SHALL HAVE SUCH OTHER DUTIES AS SET FORTH IN THIS CHAPTER. (c) The board shall consist of FIVE (5) members, ONE APPOINTED FROM EACH OF THE FOUR COUNCIL DISTRICTS, AND ONE AT-LARGE MEMBER, ALL OF WHOM SHALL BE qualified by experience and trained to pass upon matters pertaining to building construction aM. THE BOARD shall Attachment 1 have representatives from the following categories as regular members of the board: one (1) licensed engineer; one (1) licensed architect; one (1) builder; and two (2) members from fields related to the construction industry. The alternate members of the building code advisory board may be members from any fields related to the construction industry. ALTERNATES MAY BE APPOINTED TO FILL VACANCIES IN THE REGULAR MEMBERSHIP OF THE BOARD. IN THE EVENT THERE ARE NOT SUFFICIENT QUALIFIED CANDIDATES FROM THE REQUIRED FIELDS TO FILL ANY VACANCY ON THE BOARD, THE CITY COUNCIL SHALL BE PERMITTED TO APPOINT ANY OTHERWISE QUALIFIED PERSON FROM ONE OF THE OTHER FIELDS TO FILL SUCH VACANCY. A QUORUM SHALL CONSIST OF THREE (3) MEMBERS INCLUDING ANY ALTERNATE SERVING IN THE ABSENCE OF A REGULAR MEMBER. (d) The board shall have the authority to review AN APPEAL FROM any written final decision of the chief building inspector upon the written request of the applicant within ten (10) days of the deoision by filing sush appeal with the building department AT ITS NEXT REGULARLY SCHEDULED MEETING, BUT NOT EARLIER THAN FIVE (5) DAYS FROM THE DATE OF SUBMISSION OF THE APPEAL. ANY SUCH APPEAL SHALL BE MADE IN WRITING WITHIN TEN (10) DAYS OF THE FINAL WRITTEN DECISION OF THE CHIEF BUILDING OFFICIAL upon the building division forms designated for such purposes. The board shall not have the authority to recommend decreasing public safety. or fire resistive standards set forth in any city ordinanse. INhere spesifio materials, types ef sonstrblstion or fire resistive properties are required, suoh requirements shall se the minimum requirements, and any materials, types of sonstrustien or fire resistive protestion 'l'/l1ioh will afford an eqtlal er greater degree of safety or resistanao to fire as speoified in oity ordinanoes may se ressmmended (e) Procedures for hearing of appeals from written decisions of the chief building inspector shall be pursuant to sUbsection (d) above. In all hearings the petitioner shall have the opportunity to appear on his own bohalf, with or without the assistance of legal counsel, present evidence in his own behalf, and cross-examine witnesses presented against him. The building inspection division shall be given the opportunity to present evidence at all hearings. (f) The building code advisory board shall have the authority to promulgate rules and regulations for the conduct and standards of review to be applied in all appeals to the board from written Eieoisions of the shiof btlilding inspestor. (g) THE BOARD SHALL HAVE THE RIGHT TO OVERTURN DECISIONS ON THE BASIS THAT THE DECISION CAUSES UNDUE ECONOMIC HARDSHIP, PROVIDED SUCH DECISION DOES NOT DECREASE THE PUBLIC SAFETY NOR VIOLATE COUNTY, STATE OR FEDERAL LAW. -2- Sectnon 2. SeverabDlity, ConfiDc/ing 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 ofthe Charter. INTRODUCED, READ, AND ADOPTED on firs! reading by a vote of Q.... to Lon this 14th day of February, 2011, ordered published in full in a newspaper of general circulation in the Ciiy of Wheat Ridge, and Public Hearing and consideration on final passage set for February 28,2011, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheal Ridge, Colorado. READ, ADOPTED AND ORDERED PUBUSHED on second and final reading by a vote of 7 to 0, this 28th day of February, 2011. 1 /SIGNED by by the Mayor on this -'2--1 day of, u(jfJ/J Gerald E. Dahl, City Attorney ~[~~~~~uary 17, 2011 Second P on: March 10, 201~, Wheat Ridge Transcript Effective Date: March 25; 2011 -3- City of Wheat~dge !loard and ConIwission J).pplicat!m! APPLICATION FOR APPOINTMENT TO THE: 5VIL.t>tNA ?4iDe ,A-ov'160P.Y f;i()A?:t:> (iBoal'd/CommissionlCommiitee) DATE: I -? -I I DISTRICT: HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: ?? Y (JAr-S ARE YOU A REGISTERED VOTER?, Y ?_s~_ WHY ARE YOU SEEKING TIDS APPOINTMENT?J. €?6t..J eve L f-hwe -sl::-ll(s ANt:> WEese Nc.e ~Vmc.Vl ~VOV[..D be VA!--lJ!\B t e -h> +fh3 P..;tAfD, DO YOU HAVE EXPERIENCE IN THIS AREA? Yes I I f'11 A I?f)l r,.,PI N t1 c.oNTf2.P.c.-WF-WI:t1'! -34:t lSAf26 ~f KP'Pi5f4 G't[t3, HAVE YOU EVER SERVED, OR ARE yOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF so, WHICH ONE? now , LONG?:r. f.K LNMy <S1l<T1i "(E".Af;AS p. PVl?/Ac.. MeMP:£1z. oN -Me ?J7"TiS I?OA~ (> l1($NS~e fbI<-f2,c1hTt>~I21 (?,N?1INlfj;;leS f t> UI<I)e.Yf'RS. W/<."R@'NTL F?op.p.p {.-;A p2., ARE TnltRE ANY CONFLICTS wmCH'WOULD INTERFERE WITH REGULARATTENDENCE OR DUTlES?-1:l;::.O_~, , c, SIGNATURE (jJ}-;rr?v-..-" ___ _ PRINT NAME \VllhA1r\T. lr:wp L6TAp..~e-PADDRESS ~tv tv I Vi eAToN t6T 'j br;,1NM, (!A;; b0214-HOME PHONE 00'3 1. '?? -[) 2..4,( BUSlNESS PHONE ~ 0 '3 '3 q G -fYI 00 E"MAIL ADDRESS \V "ST f\ p..r:.e'(2.. ,e-, ~r AJ2j<:.t[2-. NeT APPLTCA'fION WILL BE KEPT ON FILE FOR ONE YEAR CitY Clel'k's Office, 7500 W. 29Hl Ave., Wheat Ridge CO 80033 Attachment 2 Board and Commission Applicai~q:! 25 p \: 3LJ CITY APPLICATION FOR APPOJNTJ.I-IENT TO THE: !5(//ifl/AIt~ Crob j(:f:Z/;£J1J{ t'1 7!1;17! (Board/CommissionF ommittee) ~ DATE: Z 2~ ! I DISTRICT~ /.~-----------HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: ,-7'! ARE YOU A REGISTERED VOTER? W.s: 7 WHY ARE YOU SEEKING THIS APPOINTMENT? frr:6{./¥1f£ (t:/!/41 /1/Er:-ff'tj;;!; p{/1fIe'sff;tf-p/df 17/IJj1iErif,k ,YcLf'l(/fl#y/t@f'tJ?/J!f1t?(b'[' DO YOU HAVE EXPERIENCE INT~;; AREA? !tftit7l5A ~ 4' t'tJ;IfJ/f'l){r4/offici1/; (?~ .f!~:;;;O/(Ef") yr/17il'lll& tle)1lxf},)ePi-:J: r:)1~jJ/2cl4,.; vJ/P"/.M2. /1(01Z}, f1}tl-8f:)kl lM"'J9, f-JI..?J! r9{/wP4/-L}< .J<bQ>it?lS N6:;9d/t;{ffA0/lWD/tHi/tf71l1J CtJ7IlJ!1I7(fb; HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A . BOARD/COMMISSION/COMl\UTTEE AND IF SO, WHICH ONE? HOW LONG? CiJ/2/l/!/'!f'.Y tl~g~o/Az;:J2IClJ116vT: f V'{//J.{)2f/I(/',;J:J -;J/;17'£' i1JnI¥ /lfE&:7 /J A7Ey6A! f/t",r.'1 /JtJ/I, SIGNATURE4dd.~7-:::....t..li~r-__ PRINTNAME ~;f'S L $R ADDRESS /0 ~lAI .?s"7,lY lY d4: HOMEPHONE Jdj> ..... 2]'] ~9?s"/BUSINESS PHONE 1"0 S ~ f/?g'..-> fsP6 E-MAIL ADDRESS ;t;;m A'~ 01/;/;/( d C60/~~ APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Cie"k's Office, 7500 W. 29tb Ave., Wheat Ridge CO 80033 Attachment 3 _' "<~ City of ?Wheat~dge ITEM NO:~ DATE: March 14,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 08-2011 -A RESOLUTION BEGINNING A CITY-INITIATED COMPREHENSIVE REZONING OF PROPERTIES LOCATED ON THE WADSWORTH CORRIDOR BETWEEN W. 35TH AND W. 45TH AVENUES TO MIXED USE -COMMERCIAL o PUBLIC HEARING o BIDSIMOTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING ~ RESOLUTIONS QUASI-JUDICIAL: o YES ~ NO J City Manager ISSUE: The City's adopted plans call for the redevelopment of the Wadsworth corridor with higher density, mixed use development. The current zoning on Wadsworth Boulevard, which is primarily commercial, makes compact, mL'(ed use development difficult to achieve. In September 2010, City Council adopted new mixed use zone districts intended for use in the City's priority redevelopment areas, including Wadsworth between 35th and 45th Avenues. The resolution would start the process of a City-initiated, comprehensive rezoning of properties along the Wadsworth corridor between 35th and 45th Avenues. PRIOR ACTION: Staff held two Study Sessions on the topic ofa City-initiated rezoning for the Wadsworth Corridor. After the first Shldy Session, staff conducted outreach to Wadsworth property owners to asses their level of interest in a potential City-initiated rezoning to Mixed Use-Commercial (MUC). At a Study Session on February 14, 2011, Planning staff shared the results with City Council. Based on the results, Council directed staff to proceed with a rezoning of the entire area, which corresponds with the Wadsworth Urban Renewal Area. Additional outreach to property owners Council Action Form March 14, 2011 Page 2 who expressed opposition to the rezoning (three total) is expected to be part of the rezoning process. FINANCIAlL IMPACT: There is no direct financial impact anticipated for the City. However, the intent of the rezoning is to stimulate redevelopment on Wadsworth, which would support the economic development goals of the City. BACKGROUND: The City's adopted plans, including Envision Wheat Ridge (2009) and the Wadsworth Subarea Plan (2007) call for the redevelopment of Wadsworth with higher density, mixed use development. In particular, the plans call for the stretch of Wadsworth between W. 38th and W. 44th Avenues to become a mixed-use town center that includes retail, commercial, and residential uses. The existing zoning on Wadsworth, which is primarily Commercial-One (C-l), makes this type of the development difficult to achieve. For most sites, the only way to develop compact, higher density buildings -especially any with a residential component -would be to rezone to a planoed development (PD). This presents challenges to new mixed use development along Wadsworth since the PD rezoning process is lengthy, unpredictable, and can be expensive. The proposed new zoning for Wadsworth, Mixed Use-Commercial (MU-C), allows a mix ofland uses and creates a streamlined development review process. By creating a more predictable and timely review process, it should encourage redevelopment of properties on the corridor. Process and Property Owner Outreach The process of writing the MU-C zoning, which occurred throughout 2010, involved input from Wadsworth property owners. The outreach to property owners began at the Wadsworth Summit in January 201 O. At the summit, staff distributed a survey to property owners asking for feedback on a variety oftopics, including the potential for a City-initiated rezoning of the corridor. Of the 12 owners who returned the survey at the summit, 67% expressed strong support for the concept of a City-initiated rezoning and 25% expressed some support ((with only 8% expressing disagreement). An additional survey was distributed online for anyone in the City to respond in the spring of 2010. Of the 15 responses received, 67% expressed strong support for the concept of City-initiated rezoning, 33% expressed some support, and 0% said that they were against the concept. Based on these results, staff discussed the concept of a legislative rezoning of the Wadsworth corridor with City Council at a Study Session in the summer of2010. Council directed staff to proceed by mailing each property owner within the proposed rezoning area once the mixed use code was adopted (which occurred in September 2010). Staff mailed a survey to the property owners in November 2010 and also held a meeting to inform property owners of the potential rezoning. Council Action Form March 14, 2011 Page 3 Of the 56 surveys mailed to owners, 13 were returned. Of these 13 responses, 10 were in favor of the rezoning and 3 were opposed. The three responses that were opposed to the rezoning are listed below, with any reasons for opposition cited. (1) 7525 W. 44th Avenue: the main reason cited for opposition is existing easements and development restrictions recorded on their property and other adj acent properties. These easements/recorded restrictions do not directly relate to the existing zoning (C-l) and rezoning to MU -C would not change the easements. While it is true that the easements and restrictions would need to be removed in order for any significant redevelopment of the land to OCCUf, the proposed new zoning would not directly impact any privately recorded restrictions on the land. (2) 3885 Upham Street: no reason for opposition cited (3) 7630 W. 39th Avenue: reason cited for opposition was concern that the new zoning could lead to high-rise residential towers towers in the area. Although many surveys were not returned, staff has had phone and in-person contact with several additional property owners who are aware of the proposed rezoning. Staff anticipates additional outreach to the three owners who have expressed opposition as part of the rezoning process, which would formally begin with approval of the Resolution. After the Resolution is passed, a neighborhood meeting for all property owners in the rezoning area, as well as all owners within a 600 foot radius, will be held. The next steps would entail public hearings before Planning Commission and City Council. RECOMMENDATIONS: Based on the positive feedback from property owners in the area, staff recommends approval of the Resolution to formally initiate a legislative rezoning on Wadsworth. The proposed MU-C zoning contains lenient protections fOf any uses that would become nonconforming through the rezoning, although it is not anticipated that many existing uses in the area would become nonconforming. In addition, the proposed zoning contains flexible and clear development regulations that allow for a wide range of development options, including a greater range of uses and higher densities, as well as a streamlined development review process. For these reasons, staff believes that the proposed new zoning would be a benefit to property owners, with little to no drawbacks. The proposed MU-C zoning is also a useful tool for implementing the City's goals for this important corridor. Rezoning this portion of the corridor to MU-C would encourage high-quality, higher density, mixed use redevelopment. RECOMMENDED MOnON: "1 move to approve Resolution No. 08-2011, a resolution beginning a City-initiated comprehensive rezoning of properties located on the Wadsworth corridor between W. 35th and W. 45th Avenues to Mixed Use-Commercial." Or, Council Action Fo= March 14, 2011 Page 4 "I move to postpone indefinitely Resolution No. 08-2011, a resolution beginning a City-initiated comprehensive rezoning of properties located on the Wadsworth corridor between W. 35th and W. 45th Avenues to Mixed Use-Commercial for the following reason(s) ." REPORT PREPARED/REVIEWED BY: Sarah Showalter, Planner II Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 08-2011 2. Proposed Rezoning Map CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 08 Series 2011 TITLE: A RESOLUTION BEGININNING A CITY-INITIATED COMPREHENSIVE REZONING OF PROPERTIES LOCATED ON THE WADSWORTH CORRiDOR BETWEEN W. 35TH AND W. 45TH AVENUES TO MIXED USE -COMMERCIAL WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the Envision Wheat Ridge comprehensive plan was adopted in 2009; and WHEREAS, both plans recommend that the Wadsworth corridor redevelop over time with a higher density, mixed use development pattern; and WHEREAS, the existing zoning designations along the corridor are generally commercial, including a predominance of Commercial -One (C-1), which does not allow higher density development and allows only limited residential development; and WHEREAS, rezoning the properties on the corridor to Mixed Use -Commercial (MU-C) would support the City's goals for redevelopment of the corridor in a higher density, mixed use development pattern; and WHEREAS, Section 26-113 of the Code of Laws requires City Council to begin the process of city-initiated rezonings by adopting a resolution doing so and referring the matter to the Planning Commission for a public hearing, which would be preceded by a neighborhood meeting. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council hereby initiates a rezoning of properties located on Wadsworth corridor between W. 35th and W. 45th Avenues to Mixed Use-Commercial (MU-C). DONE AND RESOLVED THIS 14th Day of March 2011. ATTEST: Michael Snow, City Clerk Jerry DiTullio, Mayor Attachment 1 1 Attachment :2 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. LO Series of 2011 'r~.\2 ~t: (l)~d~ TITLE: A RESOLUTION OPPOSING THE JEFFERSON COUNTY SCHOOL BOARD DECISION TO CLOSE MARTENSEN ELEMENTARY SCHOOL WHEREAS, the State of Colorado Budget crisis has resulted in a budget reduction of $375 million to K-12 education; and WHEREAS, the impact to Jefferson County Public Schools includes an estimated budget cuts of $40 million, in the form of school closures, larger elementary class sizes, fewer choices in secondary schools, student-contact furlough days and increases in fees; and, WHEREAS, Martensen Elementary School in Wheat Ridge has been identified as one of two schools that is proposed to be closed as a result of budget cuts; and, WHEREAS, the impact of closing Martensen Elementary School is significant and will negatively impact the availability of public school choices for Wheat Ridge citizens; and, WIlEit2AS, bY Pdp I P' rt "stad6J!ls ::'" &Lls:id ·U Q* P siila: j 851 !Gel W "I lid: "i" b6 66:::e & It 4 bI 6b II@St lCIag@:VliaaiE S81 iCeI "i" I J& .' Eth .0 9: sdC SlGdcllts, a: id, WHEREAS, Wheat Ridge is working hard to reposition our community and quality of schools are the cornerstone of retaining and attracting strong households. The closure Martensen Elementary School and the consolidation of students create new challenges for our City, as we" as, low to moderate income families in Wheat Ridge; and, WHEREAS, the City Council of Wheat Ridge encourages the community to input at budget forums hosted by the Jefferson County School Board in April 2011; and, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, ask that the Jefferson County School Board to reverse their decision to close Martensen Elementary School. DONE AND RESOLVED this 14th day of March, 2011 . Jerry DiTu"io, Mayor