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HomeMy WebLinkAboutCouncil Packet 05/09/2011 6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 9.2011 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 April 25. 2011 PROCLAMATIONS AND CEREMONIES Recognition of WR2020 Planning Academy Proclamation for Emergency Medical Services Week Proclamation for National Police Week Proclamation for Mental Health Month Proclamation in support of Wheat Ridge High School Charity Concert 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 CONSENT AGENDA A. Motion to approve the annual renewal for the licensing and support of the Shoretel Telecommunications System in the amount of $16,405 payable to OCX. B. Motion to approve the annual support and licensing renewal for the Cartegraph System in the amount of $41 ,301 payable to Cartegraph, Inc. CITY COUNCIL AGENDA: May 9, 2011 Page -2-PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 16-2011 -amending Chapter 2, Article I, of the Wheat Ridge Code of Laws authorizing the City to contract for collection of outstanding debts due to the City ~ Council Bill 15-2011 -temporarily waiving the City's Two-Cent Sales Tax within the Boundaries of the Longs Peak Metropolitan District. (Continued from April 25, 2011) 4. Consideration of 1) A motion establishing a Business Development Zone to be known as Reglera Business Development Zone and 2) approving an agreement to participate in said zone in conjunction therewith ORDINANCES ON FIRST READING 5. Council Bill 17-2011 -amending Chapter 26 to support Urban Agricultural uses and activities. 6. Council Bill 18-2011 -adopting amendments to the 2006 International Building Code, as previously adopted by reference, concerning conveyance requirements and certain referenced standards. 7. Council Bill 19-2011 -amending Section 15-4 of the Wheat Ridge Code Code of Laws to define "Landscaping" for nuisance enforcement purposes. DECISIONS, RESOLUTIONS, AND MOTIONS .!L Resolution 11-2011 -A Resolution approving a 15-Lot Subdivision Plat on property zoned Planned Commercial Development located at 4000 Cabela Drive and 4105 Youngfield Service Road. (Case No. WS-11-01/Clear Creek Crossing) CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO April 25, 2011 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Joseph DeMott, Karen Berry, Joyce Jay, Davis Reinhart, Tracy Langworthy, Wanda Sang and Mike Stites. Also present: City Clerk, Michael Snow; City Treasurer, Larry Schulz; City Manager, Patrick Goff; City Attorney, Gerald Dahl; Administrative Services Director, Heather Geyer; Community Development Director, Kenneth Johnstone; Public Works Director Tim Paranto; Deputy City Clerk, Bruce Roome; staff and interested citizens. APPROVAL OF MINUTES OF April 11, 2011 Motion by Mr. Stites for approval of the Minutes of April 11, 2011 ; seconded by Mr. DeMott and Mrs. Sang; carried 6-0-2 with Council Members Adams and Reinhart abstaining due to their absence. PROCLAMATIONS AND CEREMONIES Proclamation for Arbor Day was read on behalf of Mayor DiTullio by Mrs. Wheat Ridge, Karen Thaler. Margaret Paget, representing the Parks Department, was present to accept the proclamation. Proclamation for Municipal Clerks Week was read on behalf of Mayor DiTullio by Mrs. Wheat Ridge, Karen Thaler. City Clerk Michael Snow was present to accept the proclamation and speak on behalf of the role of municipal clerks in city government. CITIZENS' RIGHT TO SPEAK Natalie Fedak, a student senator at Wheat Ridge High School spoke of her trip to Guatemala last summer as part of a human rights advocacy program. While there, she met with indigenous Mayans who were massacred by their government in the 1980's and have received little compensation. They are greatly in need of funding for education of their children as they currently only receive a fifth grade education. To raise funding for the group, Ms. Fedak is hosting a charity concert Wednesday, May 11, 2011 at Wheat Ridge High School on the Turf Field. All proceeds from the event will go towards a scholarship fund for these children. There will be two bands playing at the event and a short documentary will be shown that was filmed in Guatem ala. City Council Minutes 4/25/2011 Page 2 ~ CONSENT AGENDA A. Motion to approve payment to Buyboard Cooperative in the amount of $136,305 for a prefabricated, permanent restroom structure to be located in Discovery Park. B. Motion to approve payment of Murray Dahl Kuechenmeister & Renaud LLP March, 2011 invoices for Legal Services in the amount of $31 ,447.40. C. Motion to approve payment of Deepwater Point Company's March invoices for Real Estate Consulting Services rendered in connection with the Clear Creek Crossing Development in the amount of $19,175.94. D. Motion to award RFB-11-20 for Traffic Signal Equipment to various vendors at a total cost of $30,306.00. E. Motion to award RFB-11-19, Police Patrol Motorcycle, to Foothills BMW of Lakewood, CO, at a total cost of $30,767.65. F. Motion to approve award of ITB-11-02 (Overlay Project) to Brannan Sand and Gravel, Denver, CO, in the contract amount of $1 ,267,358.75 and to approve a contingency amount of $126,736.00. Consent Agenda was introduced and read by Mrs. Langworthy. Motion by Mrs. Langworthy for approval of the Consent Agenda; seconded by Mrs. Sang; carried 8-0. ORDINANCES ON SECOND READING 2A. 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 Animal Center) 2B. Council Bill 09-2011 -approving Planned Commercial Development (PC D) 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) 2C. Council Bill 10-2011 -approving a Planned Commercial Development (PC D) Specific Outline Development Plan on Property located at 4000 Cabela Drive and 4105 Youngfield Service Road, more particularly identified as Block 1, Lots 1 and 3; Block 2, Lot 1; Block 3, Lot 1; Block 4, Lot 1; Block 5, Lots 3, 4 and 5 of Clear Creek Crossing Subdivision. (Case No. WZ-11-02/Clear Creek Crossing) City Council Minutes 4/25/2011 Page 3 Q,. Council Bill 15-2011 -temporarily waiving the City's Two-Cent Sales Tax within the boundaries of the Longs Peak Metropolitan District. (CONTINUED TO MAY 9, 2011) Mayor DiTullio opened the combined public hearing for Items 2A, 2B, 2C, and Item 5. Council Bill 08-2011 was introduced on second reading by Mr. Stites. Deputy City Clerk Bruce Roome assigned Ordinance No. 1485. Council Bill 09-2011 was introduced on second reading by Mr. Stites. Deputy City Clerk Bruce Roome assigned Ordinance No. 1486. Council Bill 10-2011 was introduced on second reading by Mr. Stites. Deputy City Clerk Bruce Roome assigned Ordinance No. 1487. Council Bill 15-2011 was introduced on second reading by Mr. Stites. Staff Report was presented by Mr. Johnstone. Dennis Armstrong, Corporate Architect for Cabela's presented proposed zoning modifications to Clear Creek Crossing (presentation amended to this packet.) Chris Fasching, Lead Traffic Engineer from Felsburg, Holt and Ullevich presented traffic and roadway improvement plans for the area (presentation amended to this packet.) Noel Cupkovic, Architect from Cupkovic Architecture, Inc., presented the proposed design standard pattern book which included signage, landscaping, site amenities, site planning, sustainability, and architecture. Mr. Cupkovic also addressed grading, lighting, and pedestrian and bicycle circulation (presentation amended to this packet.) Carolyn White, Land Use Attorney from Brownstein, Hyatt and Farber indicated the applicant concurred with all of staff recommendations including all the conditions recommended by the Planning Commission. Ms. White states that the project meets and exceeds zoning requirements and that the applicant concurs with the statements Mr. Johnstone made in regards to traffic and roadway improvements, specifically. They proposed Council approve the annexation and rezone the area as presented with minor changes to original Outline Development Plan (OPD) approved in 2006. Gary Holbrook has met with representatives of the Planning Commission regarding the traffic flow for 32nd Avenue and came away from the meetings disappointed. This was because some of the Commission representatives had not physically walked the site. Mr. Holbrook doesn't believe that the physical space has been taken into consideration. City Council Minutes 4/25/2011 Page 4 Brian DeLaet, is excited about th is project and he feels that the greenbelt has been ignored and can now be showcased via this project. This project will fix 32nd Avenue and Youngfield Street along with other traffic issues. Mr. DeLaet emphasized the benefits of new businesses coming to town along with the jobs they bring to Wheat Ridge. Ted Heyd, Planning and Technical Consultant for LiveWell Wheat Ridge also expressed pleasure with the coming of Cabela's. He believes this will help realize some of the goals set forth by the Council in 2009. He noted two possible missed opportunities in the plan. These are a lack of on-street designated bike lanes on Cabela Drive, as well as any RTD stops throughout the site. Tara Jahn, is excited about the project as it improves the area and makes it productive to the community and it also addresses the traffic bottleneck at 32nd and Youngfield . She expressed her concerns that the back side of the Cabela's building and the view for those using Clear Creek trail may be unsatisfactory. Ms. Jahn wondered if additional landscaping could be considered for that area. She also expressed concern that, while the plan for the potential retailers is amazing, empty units will not be good for the development. She feels it would make sense to have businesses committed to those spaces before the additional shops are built. Greg Seebart is excited with the plans, yet wanted to reinforce the need for on-street bike lines on Cabela Drive and 40th Avenue. Mr. Seebart would encourage Council to use this as a method to calm traffic, which can also help with sales tax revenue. He also expressed desire for increased area for pedestrian traffic so people can walk between the stores versus driving to each store. Jeff Baier had many more concerns before the meeting but those were answered. Still one concern remains regarding the intersection of Cabela's Drive and 32nd Avenue. This is close to the intersection of 32nd Avenue and Alkire Street which is the access access point for both Maple Grove Elementary School and Manning School. Mr. Baier would like to see considerations to keep this intersection safe for students and parents crossing 32nd Avenue to get to the schools. Ken Kirkland, representing the Applewood Property Owners Association, is concerned with the bicycle paths as well. He doesn't want to see a combined bicycle/pedestrian path as the one on 32nd Avenue on the west side was not successful. Mr. Kirkland is also concerned with the fact that there are two lanes coming in to the area from Highway 58 and only one lane going out which could create traffic ~roblems for those leaving the center. Mr. Kirkland thanked CDOT for delaying the 2i Avenue part of this program. Kevin Smith wants to know if the design of the bicycle/pedestrian path has been finalized. He is hoping for further community input for designs and changes that will promote a healthy lifestyle and shopping area. Mr. Smith would like to promote people walking to and from stores by using traffic calming methods. Mr. Smith requests an City Council Minutes 4/25/2011 Page 5 explanation of why Cabela's designated 25% of plan for landscaping but Wal-Mart only 18%. He also would like a brief discussion of the impact of the tax holiday that Wal-Mart will receive. Susan Motika is pleased with the plan and that the City of Wheat Ridge is moving in the right direction. She is also pleased about the number of residents that have been able to take part in the project. Ms. Motika believes the potential RTD stop needs to be included especially for the employees who will need the transportation. She believes it makes sense to take the step now with the question of on-street bike lanes versus later when it would be more expensive. Francine Mazone, of Golden, is very negatively impacted by the project. She strongly opposes it, especially Wal-Mart, and feels that this will in fact not bring jobs to Wheat Ridge. She presented evidence showing that when they come to a community the results are a net reduction of jobs and lower wages. Ms. Mazone also wants to know what will happen to the existing property where Wal-Mart is on Youngfield Street once this project is complete. Flora Andrus, with Prospect Recreation and Park District, is looking forward to cooperation with Council and the City of Wheat Ridge on the project. She is glad it has progressed to this point and hopes it comes to fruition. Edna Miklos, representing the Applewood Business Association, is glad to see the project is coming together and that Cabela's is coming. She is also happy about the proposed traffic solutions and that Cabela's will keep this as the gateway to the Rockies. Marion Ortiz spoke on behalf of the Applewood Valley Association, which represents approximately 2,000 single family homes immediately south of Wheat Ridge. Ms. Ortiz looks forward to the development and has invested many hours to help develop this plan. The Association is concerned, however, that large amounts of traffic will end up on 32nd Avenue and Youngfield Street. Shirley Schneider, Board Director of the Applewood Valley Association, provided Council a handout detailing traffic study implications (amended to this packet). She is concerned with traffic analysis and why the majority of traffic will rely on 32nd Avenue and Youngfield Street. Barbara Barry, President of the Applewood Valley Association, completed the comments for neighborhood concerns. She believes that this project must focus on the biggest problem which is too much traffic being funneled to 32nd Avenue. Ms. Barry wants to see a standard four lane arterial for the entire length of Cabela Drive. She questioned if the available width under the railroad structure is too small to fit four traffic lanes. The Association would like to see Council commit to building a four lane Cabela Drive and relieve traffic on 32nd Avenue. City Council Minutes 4/25/2011 Page 6 Kim Calomino, representing Wheat Ridge 2020, commended all parties involved for their patience and persistence put forth to bring this project to fruition. Wheat Ridge 2020 states their support for the project as this will expand shopping choices in the City as well as local jobs. Ms. Calomino believes this will put Wheat Ridge on the map and indicate that Wheat Ridge is open for business and will continue to attract quality businesses. Dean Gokey believes this annexation shows that Cabela's has made a commitment to the community, the county and the State to provide a quality project and would like to see the annexation passed. Regarding the ODP, Mr. Gokey feels the developer has addressed the needs for nice architecture and has worked with the public for the past seven years to make sure the needs of the community are met. The expense that the developer is incurring to develop this project is very large which again demonstrates their commitment to Wheat Ridge. Mr. Gokey states this is a quality project and the people of Wheat Ridge have waited a long time for th is and he urges Council to support and pass these Council Bills with the least amount of restrictions possible. Gretchen Cerveny was the Mayor when Cabela's first came to Wheat Ridge to propose their project. Ms. Cerveny is excited about the project but wants to reiterate what others said tonight that a bus stop is a good idea, and asks the Council and developers to please consider this. She is glad about the improvements that will take place at 32nd and Youngfield as a result of this. Mayor DiTullio called for a break at 9: 11 p.m. The meeting reconvened at 9:20 p.m. Carolyn White, Land Use Attorney from Brownstein, Hyatt, Farber addressed various questions from citizens. Regarding the ten foot trail versus on-street painted bike lanes, the developers took their cue from existing Clear Creek Trail and tried to match the current Clear Creek Trail. Regarding the bus stop, they have been consulting with RTD, however however they are not ready to address the route. There are areas incorporated in the design that allow for a bus stop when that decision is made. Regarding landscaping, Ms. White stated that the area behind Cabela's is part of the requirement of four sided architecture so it will be landscaped. The Planning Commission added a condition that the landscape in the area is to be increased. Regarding the questions of the percentage of overall landscaping and the number of trees, the ODP sets forth the minimum of 20% for entire project for trees and landscaping while each lot must meet at least 15%. Chris Fasching, Lead Traffic Engineer from Felsburg, Holt and Ullevich addressed the 32nd Avenue and Youngfield Street traffic concerns. He stated that the new development plan will address possible larger volumes. These ideas include alternative access points in and out of the area and five lanes at 32nd Avenue and Youngfield Street intersection because the westbound ramps from 1-70 are being moved to Cabela Drive. City Council Minutes 4/25/2011 Page 7 Motion by Mr. Stites to further continue the public hearing on Council Bill 15-2011 (Item 5 on the agenda, continued from April 11 , 2011) until May 9, 2011 at 7 p.m. in the City Council Chambers; seconded by Mrs. Sang; carried 8-0. Council Member Langworthy left the meeting at 9:38 p.m. Mayor DiTullio closed the public hearing. (For Items 2A, 2B, and 2C) Motion by Mr. Stites to approve Council Bill 08-2011 (Ordinance 1485), on second reading and that it take effect upon recordation of the annexation plot; seconded by Mrs. Adams and Mrs. Sang; carried 7-0. Motion by Mr. Stites to approve Council Bill 09-2011 (Ordinance 1486) on second reading and that it take effect 15 days after final publication for the following reasons: 1. The TMAC parcel located at 4150 Youngfield Service Road is under consideration for annexation and zoning must be approved within 90 days. 2. Extension of the Planned Commercial District (PC D) zoning and development to the north is a logical use for the property while protecting the open space area currently located in the Clear Creek corridor. 3. The request is consistent with both the Three-Mile Plan and Envision Wheat Ridge. 4. Many of the infrastructure improvements are already constructed. 5. There will be economic and recreational benefits from the development. 6. The proposed uses are compatible with commercial uses in the vicinity. 7. All requirements for a Concept ODP have been met. 8. Planning Commission recommends approval. With the following conditions: 1. Comments generated by the city's Parks, Open Space and Forestry Supervisor be incorporated in the Design Standard Pattern Book. 2. Streetscape amenities on or immediately adjacent to Cabela Drive, 40th Avenue and Clear Creek Drive, including landscaping and associated amenities, shall be installed prior to the first Certificate of Occupancy within the development. 3. On page 6-5 of the Design Standard Pattern Book, it be specified that the transparency requirements apply to buildings, not tenant spaces. 4. The following uses be added to the prohibited use list: truck stops and selfservice car washes. 5. Additional language be added to the Design Standard Pattern Book that clarifies appropriate building locations for synthetic stucco and EIFS. 6. The following uses be added as special uses for Lot 7: camping or campground; and for Lots 5 and 7: Caretakers Residence. 7. The following use be removed from Lot 8: Warehouse. City Council Minutes 4/25/2011 Page 8 8. The plant list in the Design Standard Pattern Book be modified to meet the criteria of the City of Wheat Ridge Streetscape Design Manual. 9. Eliminate the note regarding the requirement to turn off exterior signage two hours after a store is closed. Seconded by Mrs. Adams; carried 7-0. Motion by Mr. Stites to approve Council Bill 10-2011 (Ordinance 1487) on second reading and that it take effect 15 days after final publication for the following reasons: 1. All requirements for a PCD Specific Outline Development Plan have been met. 2. The proposed Specific ODP is consistent with the development regulations established in the Clear Creek Crossing Concept Outline Development Plan and Design Standards Pattern book. 3. Planning Commission recommended approval. With the following conditions: 1. On the Cabela's site (Sheet 3) extensive landscaping be designed and installed along the rear of the building with a focus on screening views and activating the space between the rear of the building and the greenbelt and users of the Clear Creek Trail and Clear Creek Crossing. 2. The access drive design from Cabela Drive show lane striping and dimensions to ensure proper functionality. 3. The western entrance from Cabela Drive be properly designed to provide an attractive entrance. 4. Bike parking areas be shown on Sheets 3 and 5. 5. On Sheet 5, screening must occur on the south side of the building including installation of fencing and landscaping consistent with Pattern Book. 6. On Sheets 5 and 6, the public road be designated "Clear Creek Drive". 7. Regarding the northeast corner of Lot 2.2, the applicant commits to a buffer area greater in scope than indicated in the Specific Development Plan to be finalized in the Final Development Plan. 8. On Sheet 9, the use of painted concrete on building facades be changed to textured paint on concrete. 9. On the elevation designs on Sheets 7, 8, 9 and 10, an analysis be incorporated demonstrating compliance with requirements for building articulation, unifying elements used, transparency and breakdown of architectural materials. Any deviation from these requirements must be justified. 10. On Sheets 5 -10, the document title be revised to designate approval of Lot 1.1, not Lot 1." Seconded by Mrs. Adams; carried 7-0. City Council Minutes 4/25/2011 Page 9 ~ Council Bill 14-2011 -An Ordinance adopting a New Code Section 1-11 Concerning Council District Boundaries, and in connection therewith, approving an amended Council District Map pursuant to Charter Section 4.2. Mayor DiTullio opened the public hearing. Council Bill 14-2011 was introduced on second reading by Mr. DeMott. Deputy City Clerk Bruce Roome assigned Ordinance No. 1488. City Clerk Michael Snow provided the staff report. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Mr. DeMott to approve Council Bill 14-2011 (Ordinance 1488) on second reading and that it take effect immediately upon approval; seconded by Mrs. Sang; carried 7-0. Council Member Reinhart left the meeting at 10:24. 4. Council Bill 11 -2011 -amending the Wheat Ridge Code of Laws concerning Nonconforming Structures in the Floodway District. Mayor DiTullio continued the public hearing from March 28, 2011. Council Bill 11-2011 was introduced on second reading by Mrs. Jay. Ordinance No. 1482 was previously assigned on March 28, 2011 . No staff report was provided. No citizens were present to speak. The Deputy City Clerk read into record comments submitted by Dean Gokey. Mayor DiTullio closed the public hearing. Motion by Mrs. Jay to approve Council Bill 11-2011 (Ordinance 1482) on second reading and that it take effect 15 days after final publication; seconded by Mr. Stites; carried 6-0. ORDINANCES ON FIRST READING 6. Council Bill 16-2011 -An Ordinance amending Chapter 2, Article 1, of the Wheat Ridge Code of Laws authorizing the City to Contract for Collection of Outstanding Debts due to the City. City Council Minutes 4/25/2011 Page 10 Motion by Mrs. Jay to approve Council Bill No. 16-2011 on first reading, order it published, public hearing set for Monday, May 9, 2011 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Adams; carried 6-0. DECISIONS, RESOLUTIONS AND MOTIONS 7. Resolution 12-2011 -A Resolution approving a contract with the Regional Transportation District for the Construction of the Gold Line Commuter Rail Corridor. Resolution 12-2011 was introduced by Ms. Berry. Motion by Ms. Berry to approve Resolution 12-2011; seconded by Mrs. Adams; carried 6-0. §. Appointment to the Liquor Authority Board. Motion by Mr. DeMott to appoint Diane Tipton to the Liquor Authority Board, term to expire 3/02/12; seconded by Mr. Stites; carried 6-0. CITY MANAGER MATTERS Mr. Goff thanked Tim Paranto and Ken Johnstone and their staff for all their work on the Cabela's project. ELECTED OFFICIALS' MATTERS Mayor DiTullio announced that the Wheat Ridge Police Department is hosting a child safety fair on April 30, 2011 from 11 :00 am until 3:00 pm at the Wheat Ridge Middle School. The fair will be a four hour event with the primary focus of the event is free inspection, disposal and replacement of child passenger seats. The event will also include public education, bicycle safety, crime prevention, and Child ID kits. Free bicycle helmets will be available for those in need. Wheat Ridge Cyclery will be conducting bicycle inspections and a bike rodeo will further instruct children on the safe operation of their bicycle. Mayor DiTullio announced that the Drug Enforcement Agency is holding a prescription take back day on April 30, 2011 from 10:00 am until 2:00 pm at Exempla Lutheran Medical Center where a drug box will be set up and monitored by Wheat Ridge Police Officers. Citizens may anonymously dispose of medication not in its original bottle and liquid medication in its original bottle. Mayor DiTullio congratulated the Wheat Ridge Housing Authority as they completed the purchase of the Fruitdale School today. City Council Minutes 4/25/2011 Page 11 Ms. Berry has been working with Wheat Ridge 2020 and the Planning Commission with the Jefferson Conservation District on a new temporary community garden on 38th Avenue. There are attempts at starting garden sharing groups in Wheat Ridge. Interested citizens may contact Ms. Berry for help and information. Ms. Berry announced that there are a group of citizens in Wheat Ridge that have formed the group called Sustainable Wheat Ridge. Ms. Berry, Mrs. Jay along with Mr. Snow have been helping and participating with this group. They are currently planning their first event which is an e-waste collection in September. Ms. Berry announced that LiveWell Colorado and the Wheat Ridge Access to fresh fruit and vegetables task force will have a meeting Tuesday April 26, 2011 from 5:30 pm until 7:00 pm at Ye Olde Firehouse at 3232 Depew Street. Also, as part of Earth Day, there is a volunteer day at Bear Creek Lake from 8:00 am until 12:00 pm where there will be trail work and trash pick up efforts. Interested citizens may register to attend at the REI website. Mrs. Adams announced on April 29, 2011 there will be a series of ribbon cuttings for new Wheat Ridge businesses, starting at 1 :30 pm at 5800 W. 38th Avenue and moving west to the final ribbon cutting at 7300 W. 38th Avenue. Meeting adjourned at 10:42 p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON May 9, 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. "< .' _ • City of. , WheatRi9ge ITEMNO:~ . DATE: May 9, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE ANNUAL RENEWAL FOR THE LICENSING AND SUPPORT OF THE SHORETEL TELECOMMUNICATIONS SYSTEM IN THE AMOUNT OF $16,405 PAYABLE TO OCX D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI·JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2 ND READING D YES ircctor City Manager The annual renewal of licensing and support of the existing ShoreTel Phone System and AutoAttendant. The annual renewal oflicensing and support will cost $16,405 which has been approved in the 2011 IT Budget. PRIOR ACTION: The ShoreTellicensing and support was approved in 20 I O. FINANCIAL IMPACT: $16,405 was budgeted for 20 II in the IT Budget. BACKGROUND: The proposed annual renewal of licensing and support of the ShoreTel Phone and AutoAttendant system is necessary to maintain communication. The annual renewal of licensing and support will cost $16,405 and the funds have been approved in the 20 II IT Budget. This package is all inclusive for licensing and technical support services. It includes software upgrades and bug fixes and patches, plus technical support to implement these software enhancements and fixes, in addition to hardware services. V:\Forms\CAFtemplate Council Action Form May 9, 2011 Page 2 Currently, the ShoreTel Phone and AutoAttendant systems are functional with integrated messaging capabilities. The continued renewal of the annual licensing and support contract is a strategic move to maintain and keep the ShoreTel Phone and AutoAttendant system software up to date. This will be advantageous to the City's Information Technology Division allowing for support and maintenance to be proactive. RECOMMENDATIONS: Staff recommends approval of the annual renewal for the ShoreTel Phone and AutoAttendant system. RECOMMENDED MOTION: "I move to approve the annual renewal for the licensing and support of the ShoreTel Telecommunications System in the amount of $16,405, payable to OCx. Or, "I move to postpone indefinitely the renewal of the ShoreTei Telecommunications System for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Administrative Services Director ATTACHMENTS: I. ShoreTel Quote #OCXQ2355 [-13:1 1150 Delaware Street Denver, CO, 80204 303-325-9700 Main 866-575-7252 Fax Sold To: City of Wheat Ridge Mike Steinke Ship To: 7500 West 291h Ave Wheat Ridge, CO 80033 USA Phone: (303) 234-5900 Phone: ~_~Pa~rt~# __~---, [Qty Jl Descriplion 1 Year Partner Support Renewal Log Me In Support Renewal ShoreTel Support Renewal-Partner Support, Full Coverage -One Year Term From 0712112011-0712012012 Log Me In Remote Support Renewal-1 Year Term SubTotal PLEASE NOTE: Support Renewals not received by July 18th. 2011 may be subject to a reinstatement fee of up to 25%. All documents including a signed OCx quote (PO). a signed OCx Support Agreement and a completed authorized contacts page must be received by this date to be processed prior to your support expiration. Please contact Oanh Pham with any questions or concerns at either oanh@ocxnet.com or (303) 325-9711. To Purchase this quote please sign below: Name Signature Date QUOTE Dale r QUO~ 04121111 JOCXQ2355 Unit Price::::J L Ext PriCe] $16,335.00 $16,335.00 S70.00 570.00 $16,405.00 SubTotal $16,405.00 Total $16,405.00 Quotes valid for 14 days from date of quote. Tax and Shipping are not included in the quote, but will appear on your final invoice. Returns must be factory sealed, and a restocking fee of up to 15% may apply. Shipping charges are non-refundable. New customers are required to provide a 50% deposit due at time of order with the balance due upon receipt of invoice. For all other orders, invoices are due upon receipt A late charge will apply after 15 days. 04121111 15:13:18 Attachment 1 Page 1 "-.' _ r City of. p Wheat RL.dge ITEM NO: JJ!>. DATE: May 9, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE ANNUAL SUPPORT AND LICENSING RENEWAL FOR THE CARTE GRAPH SYSTEM IN THE AMOUNT OF $41,301, PAYABLE TO CARTEGRAPH, INC. D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2ND READING D YES City Manager The proposed annual renewal of licensing and support of the existing Carte graph program and the associated modules is necessary to maintain the software for the City. The annual renewal of licensing and support will cost $41,30 I, and funds have been approved in the 2011 IT Budget. This package is all inclusive for licensing and technical support services. It includes software upgrades and bug fixes and patches, plus technical support to implement these software enhancements and fixes. PRIOR ACTION: Council approved the 20 I 0 Annual Support Agreement. FINANCIAL IMPACT: $41 ,301 was budgeted in the 2011 IT Budget BACKGROUND: Currently, the City has access to several modules in the Cartegraph System. These include Sign View (Sign Inventory), Pavement View (pavement conditions-inventory), Versa View (service requests), Storm View (storm water asset inventory), Marking View (pavement V:IFonnslCAFtemplate Council Action Fonn May 9, 2011 Page 2 markings condition), Tree View (tree inventory), Park View (park equipment inventory), Fleet (fleet maintenance) and GIS integration. In 2010 the IT Department completed a major upgrade to the software from Cartegraph. Support and maintenance was required to receive the upgrade. The continued renewal of the annual licensing and support contract is a strategic move to maintain and keep the Carte graph software up to date. This will be advantageous to the City's lnfonnation Technology Division allowing for support, security and maintenance to be proactive. RECOMMENDATIONS: Staff recommends approval of the annual renewal of the Cartegraph system. RECOMMENDED MOTION: "I move to approve the support and licensing renewal for the Cartegraph system in the amount of $41,301 payable to Cartegraph, Inc. Or, "I move to postpone indefinitely renewal of the Cartegraph system for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Administrative Services Director A TT ACHMENTS: I. Cartegraph Invoice # R -07144 CarteGraph 3600 DIGITAL DRIVE DUBUQUE IA 52003 Phone (563)557-5298 Direct or Phone (800)688-2656 ext 5298 FAX (563) 556-8149 KevinKline@cartegraph.com Bill To: City of Wheat Ridge Mike Steinke 7500 W 29th Ave Wheat Ridge co 80033-8001 Qty 1. 00 1. 00 1 1. 00 1. 00 1. 00 Modules Covered Fleet Extension for WORKdirector Support FLEXlicense UB 22-pack Renewal Modification Support #877, 901, 902, 1244 Parks & Playgrounds Extension for VERSAtoo1 Database Security Support Tree Extension for VERSAtools Support Servi INVOICE Invoice # R-07144 Invoice Date 4 /1/2 011 Support Exp Date 6/6/2011 Payment Terms Net 30 Customer ID WHEATCICO Unit Price $425.00 $34,078.00 $4,448.00 $425.00 $1,500.00 $425.00 Subtotal Tax Total Extended Price $425.00 $34,078 . 00 $4,448.00 $425.00 $1,500.00 $425.00 $41,301. 00 $0.00 $41,301.00 Your maintenance or subscription agreements on the above listed module(s) wmoon expire. To continue without interruption please return payment within 30 days. However, if allowed to lapse, the renewal cost will be 40% of the current list price of the software. If you have any questions please contact Kevin Kline at: 563-557-5298 Direct or 1-800-688-2656 ext. 5298 e-mail-KevinKline@cartegraph.com Please make checks payable to CarteGraph Systems Attachment 1 , ], ... " , ., . ~ _ • CI ty of p WheatRi9ge ITEMNO: ~ DATE: May 9, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 16-2011 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 1, OF THE WHEAT RIDGE CODE OF LAWS AUTHORIZING THE CITY TO CONTRACT FOR COLLECTION OF OUTSTANDING DEBTS DUE TO THE CITY ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (04125/2011) ~ ORDINANCES FOR 2ND READING (05/09/2011) QUASI-JUDICIAL: DYES ~ NO .~ Presiding Municipal Judge City Manager ISSUE: There are outstanding fines, fees, and restitution due to the Municipal Court not successfully collected by the multiple methods currently authorized and/or utilized by the Municipal Court. The utilization of a private collection agency would add an additional tool to assist with the collection of these outstanding fines, fees, and restitution. The authority for the State Court to utilize a private collection agency to collect outstanding debt is found in State Statute C.R.S. 16-11-101.6(3) Collection of fines and feesmethods----{;harges. 1t states in part: "To collect on past due orders offines or fees, the State may employ any method available to collect state receivables, including assigning such accounts to private counselor private collection agencies under section 24-30-202.4(2),CR.S Any fees or costs of the private counselor collection agency shall also be added to the amount due, but such fees and costs shall not exceed twenty-five percent of the amount collected" . The proposed City of Wheat Ridge Ordinance 2-8 Collection of Outstanding Debt would provide local authority to utilize a private collection agency to collect "outstanding and unpaid fines, costs, charges, restitution or other amounts owed to the City by any person". V :IFormslCA Ftempiate Council Action Form-Collection of Debts May 9, 2011 Page 2 PRIOR ACTION: As part of the strategic planning process conducted in April, 20 I 0, the use of a private collection agency was suggested as a means to collect outstanding fines, costs, and restitution. This program was identified as an objective under Goal I: City Council's Financially Sound City Providing Quality Services and reflected as "Collection Program for Municipal Court." FINANCIAL IMP ACT: The cost of collection of the debt will be borne by the Defendant in the form of added collection fees up to twenty-five percent. Currently, there are approximately eighty-five (85) cases with an estimated $65,000 in outstanding fines, fees, and restitution in active warrant status In order to select a private collection agency, a request for proposal (RFP) process would be conducted pursuant to purchasing rules and guidelines under the direction of the Purchasing Division. There would be a cost to the City in this process consisting of staff hours to conduct the RFP process through conclusion. For efficiency and cost effectiveness, the Municipal Court plans to share information electronically versus paper form with the collection agency selected in the RFP process. There would be a cost to the City in the form of computer reports prepared by American Data Group (ADG) as part of the Court Management Software Program. The estimated cost of this phase of the project is approximately $5,000. BACKGROUND: The Municipal Court encourages timely payment of all fines, fees, and restitution imposed by the Court. An early payment option is offered in traffic infractions. Multiple forms of payment are accepted including cash, checks, money orders, or credit cards. An administrative fee is assessed when time to pay is granted. Authorization of a payment plan is needs based and requires defendants to provide proof of income and expenses. The Municipal Court has further means of collecting outstanding fines, costs, and restitution. These sanctions include entry of a default judgment with Department of Motor Vehicles (DMV). A default judgment enters a conviction to the original charge, assesses points on defendants' driver's licenses and begins suspension proceedings. Secondly, an outstanding judgment/warrant may be entered with DMV that places a hold on defendants' driver's licenses and begins suspension proceedings unless the outstanding traffic or juvenile matter is resolved. Thirdly, warrants for failure to appear or pay may be issued by the Court for most, but not all cases. All of these sanctions result in additional fees being assessed by the Court to the original fines and costs. The State of Colorado Judicial Department and multiple municipal courts within the State of Colorado have implemented the use of a private collection agency for the collection of outstanding debts with successful results. Council Action Form-Collection of Debts May 9, 2011 Page 3 Implementation of this program would consist of multiple components: (a) the authority to utilize a collection agency, (b) a request for proposal process to select a vendor, and (c) computer program upgrades to share information electronically between the Municipal Court and the selected vendor. RECOMMENDATIONS: The Municipal Court recommends authorizing the use of a private collection agency as one additional method for the collection of outstanding fmes, fees, and restitution. Alternatively, the Municipal Court would continue to utilize the various means of collecting fines, fees, and restitution imposed by the Municipal Court. RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2011, on second reading, and that it take effect 15 days after fmal publication. Or "I move to postpone indefinitely Council Bill No. 16-20 II -an ordinance amending Chapter 2, Article I, of the Wheat Ridge Code of Laws authorizing the City to contract for collection of outstanding debts due to the City for the following reason(s) " REPORT PREPARED BY: Kersten Armstrong, Court Administrator Christopher D. Randall, Presiding Municipal Judge ATTACHMENTS: I. Council Bill No. 16-20 II CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER JAY Council Bill No.16 Ordinance No. -:-:-c:----Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I, OF THE WHEAT RIDGE CODE OF LAWS AUTHORIZING THE CITY TO CONTRACT FOR COLLECTION OF OUTSTANDING DEBTS DUE TO THE CITY 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, pursuant to C.R.S. § 31-15-101 , the City is vested with certain corporate powers, including the right to enter into contracts; and WHEREAS, the City Council has determined that outstanding fines, costs, charges, restitution and other amounts payable to the City ("debts") represent a loss of income for the City; and WHEREAS, the City Council recognizes that the City's collection of outstanding debts payable to the City would be a significant drain of the City's resources; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize use of the services of a debt collection agency or agencies (or similar business) to provide for the collection of outstanding debts which are due to the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The Wheat Ridge Code of Laws, Chapter 2, Article I, Section 2-8 (previously reserved) is hereby enacted to read as follows: SEC. 2-8. COLLECTION OF OUTSTANDING DEBT. (a) FOR THE PURPOSES OF THIS SECTION "DEBT" SHALL MEAN AND INCLUDE ANY OUTSTANDING AND UNPAID FINES, COSTS, CHARGES, RESTITUTION OR OTHER AMOUNTS OWED TO THE CITY BY ANY PERSON. (b) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CODE TO THE CONTRARY, THE CITY MANAGER IS AUTHORIZED TO CONTRACT WITH A COLLECTION AGENCY OR AGENCIES (OR SIMILAR BUSINESS) IN ORDER TO COLLECT ANY DEBTS WHICH ARE DUE TO THE CITY PURSUANT TO THIS CODE OR ANY OTHER PROVISION OF LAW. Attachment 1 (c) ANY SUCH CONTRACT MAY INCLUDE A SURCHARGE FOR THE COST OF COLLECTION WHICH SURCHARGE SHALL INCLUDE THE FEES AND/OR COSTS OF THE COLLECTION AGENCY. Section 2. 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 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 25th day of April, 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 May 9th, 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: April 28, 2011 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney ", .' _ • City of , WheatRL-dge ITEMNO:~ DATE: May 9, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2011 AN ORDINANCE TEMPORARILY WAIVING THE CITY'S TWO-CENT SALES TAX WITHIN THE BOUNDARIES OF THE LONGS PEAK METROPOLITAN DISTRICT ~ PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: D ORDINANCES FOR 1ST READING 04111 /2011 ~ ORDINANCES FOR 2ND READING 0512312011 D YES ~ NO D~ City Manager Ordinance temporarily waiving two cents of the City's retail sales tax within the boundaries of the Longs Peak Metropolitan District. PRIOR ACTION: None FINANCIAL IMPACT: The waiver of a portion of the City sales tax is intended to be temporary only and not a change in the City's tax policy. The waiver only affects sales within the Longs Peak Metropolitan District. The waiver will not affect current revenues, as there are presently no retail uses within the boundaries of the District. Council Action Form May 9, 2011 Page 2 BACKGROUND: The Longs Peak Metropolitan District is obligated, by the terms of an Intergovernmental Agreement with the City, to construct certain public improvements for the Cabela's development, which improvements will be of benefit to residents of and visitors to the City. In order to fund construction of the public improvements, the District has agreed to impose certain public improvement fees (of2 cents and 0.6 cents) on transactions which are also subject to sales taxation by the City. As an inducement to the imposition by the District of the public improvement fees and construction of the improvements, this ordinance will temporarily waive two cents ($0.02) ofthe City sales tax on taxable retail sales transactions within the boundaries of the District. RECOMMENDATION: Move to continue public hearing to May 23, 2011. RECOMMENDED MOTION: "I move to continue the hearing on Council Bill No. 15-2011 , Series 2011, an ordinance temporarily waiving two cents of the City'S sales tax within the boundaries of the Longs Peak Metropolitan District until May 23, 2011 at 7 p.m. in City Council Chambers." Or: I move to table indefinitely Council Bill No. 15-2011 , an ordinance temporarily waiving two cents of the City's sales tax within the boundaries of the Longs Peak Metropolitan District for the following reasons " REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: 1. Ordinance No. 15-2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 15 Ordinance No. ::-:-,----__ Series 2011 TITLE: AN ORDINANCE TEMPORARILY WAIVING TWO CENTS OF THE CITY'S SALES TAX WITHIN THE BOUNDARIES OF THE LONGS PEAK METROPOLITAN DISTRICT WHEREAS, the City of Wheat Ridge currently imposes a sales tax of three Qercent (3.0%) or three cents ($0.03) on every $1.00 of all taxable retail sales within the City pursuant to Article I of Chapter 22 of the Wheat Ridge Code of Laws; and WHEREAS, the City, acting by its City Council, has, prior to the effective date of this Ordinance, approved an "Amended and Restated Intergovernmental Agreement Between the City of Wheat Ridge, Colorado and the Longs Peak Metropolitan District," (the "Intergovernmental Agreement"), which Agreement provides, among other things, for the issuance by the District of bonds for the purpose of raising funds to construct certain public improvements within the boundaries of the District; and WHEREAS, all the real property within the District is also located within the boundaries of the City; and WHEREAS, the Longs Peak Metropolitan District is obligated by the terms of the Intergovernmental Agreement to construct the public improvements, which improvements will be of benefit to residents of and visitors to the City; and WHEREAS, the Intergovernmental Agreement provides for payment of debt service on the bonds with two separate public improvement fees of two cents ($.02) ("Credit PIF") and six-tenths of one cent ($0.006)("Add-on PIF") respectively, imposed by private covenant on retail sale transactions within the boundaries of the District, which transactions are also subject to sales taxation by the City; and WHEREAS, as an inducement to the imposition by the District of the public improvement fees, the City has or will agree in the Intergovernmental Agreement to temporarily waive two cents ($0.02) of its sales tax on every $1.00 of taxable retail sales transactions within the boundaries of the District; and WHEREAS, temporary waiver by the City of this portion of its imposed sales tax will facilitate construction of the needed public improvements and be of great benefit to the City, its residents and visitors; and WHEREAS, the waiver of this portion of the City sales tax is intended to be temporary only and not a change in the City's tax policy within the meaning of applicable law. Attachment 1 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. Section 2. Temporary waiver of sales tax rate. Two cents ($0.02) of the current three cents. ($.03) sales tax imposed by Section 22-56 of the Wheat Ridge Code of Laws, as such section may be renumbered or re-codified from time to time, is hereby temporarily waived with respect to taxable retail sales transactions taking place within the boundaries of the Longs Peak Metropolitan District, as those boundaries may be adjusted from time to time. This temporary waiver of two cents ($0.02) shall not limit the City's right to change its citywide sales tax rate, provided that the waiver granted hereby shall remain at two cents ($0.02) within the boundaries of the District until such waiver is terminated pursuant to the terms hereof. This temporary waiver shall commence on the first day of the month prior to the date of issuance of any bonds issued by the Longs Peak Metropolitan District (the "First Bonds") and shall expire on the earlier to occur of: i. payment of all principal and interest on the First Bonds, or ii. twenty five (25) years from the date of the original issuance of the Bonds, or III. on the date that, for whatever reason, the "Credit PIF" public improvement fee of $0.02 provided for in Section 8 of the Intergovernmental Agreement ceases to be collected within the District. The term of the temporary waiver of sales tax established hereby is absolute and shall not be extended for any reason, including without limitation extension of the term of any bonds issued by the District, whether by refunding or otherwise, or by default in the payment of principal or interest on any of said bonds. Upon termination of the temporary waiver hereby granted, retailers within the boundaries of the District shall collect and remit to the City the full amount of the City sales tax then in effect, in accordance with state and local law. Section 3. Effective date. This ordinance shall be effective upon adoption on second reading, as permitted by Section 5.11 of the Charter, provided, however, that should the District fail , for any reason, to issue the First Bonds on or before December 31 , 2011, this ordinance and the temporary sales tax waiver granted hereby shall be null and void. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on this 11th day of April, 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. Public Hearing continued to May 9, 2011. -2- 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: April 14, 2011: April 28, 2011 Second Publication: Wheat Ridge Transcript Effective Date: -3- ". " _ ' City of ?Wheat~dge ITEMNO:~ DATE: May 9, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: PUBLIC HEARING CONSIDERING 1) A MOTION ESTABLISHING A BUSINESS DEVELOPMENT ZONE TO BE KNOWN AS REGLERA BUSINESS DEVELOPMENT ZONE AND 2) APPROVING AN AGREEMENT TO PARTICIPATE IN SAID ZONE IN CONJUNCTION THEREWITH [8J PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (mm1ddlyyyy) o ORDINANCES FOR 2ND READING (mm1ddlyyyy) QUASI-JUDICIAL: o YES City Manager ~~ li Eco~velopment Manager ISSUE: On March 28, 20 II, the City received a request from Reglera LLC ("Reglera") to refund certain building use tax that will be charged by the City in association with an upcoming expansion of their facility at 11925 West 1-70 Frontage Road, Wheat Ridge. The project is estimated to include $700,000 in tenant improvements and generate significant permanent jobs and temporary jobs during construction ("Phase I"). A second phase ("Phase II") of development may occur within 18-months of relocation to Wheat Ridge and include approximately $2,000,000 in capital equipment and tenant improvements to expand their operations by approximately 6,000 square feet in the facility. Phase I improvements are estimated to generate $21,000 in use tax. Phase II would generate $60,000 in use tax. City Council is authorized to refund up to 100% of said fees and taxes through approval of an agreement in an established Business Development Zone. The applicant has requested a 50% rebate of use tax and fees totaling $ 10,500 for Phase I and $30,000 for V:IFormslCAFtemplate Council Action Fonn May 9, 2011 Page 2 Phase II. City Council would need to first take action to establish a Business Development Zone and second approve an agreement with Reglera. PRIOR ACTION: None FINANCIAL IMPACT: The improvement cost for Phase I and Phase II total approximately $2,700,000 and would generate $81 ,000 in use tax. The financial impact to the City will range up to that full amount of said fees based on the direction from City Council as to what percentage ofthe fees and taxes should be waived. BACKGROUND: Code of Laws Chapter 22, Article I, Division 5, establishes an economic development tool known as the Business Development Zone Program (BDZP). The goal of the program is to encourage the development of private sector jobs, revitalize deteriorating areas ofthe City and encourage the development, redevelopment and expansion of businesses within the City. This tool allows the City Council to waive certain building pennit fees and building use taxes in association with construction projects that occur in established Business Development Zones. The tool is intended to be used to refund fees and taxes for projects that have the potential to generate additional future sales and use tax, OR that more generally provide substantial public benefit to the City. Reglera is relocating from Lakewood to Wheat Ridge and will occupy 17,500 square feet of flex industrial space. Within 18-months of occupancy, Reglera anticipates occupying an additional 6,000 square feet providing for additional space creating a state-of-the-art pilot plant for disposable medical device prototype activities. Reglera is a Regulatory Affairs and Quality Assurance company providing consulting and outsourcing services to the Medical Device and Human Tissue industries. They provide these services across the entire size range of companies from the largest multinational medical device companies to the smallest start-up medical device companies and reproductive clinics. Reglera currently employs 45 W -2 employees but also utilizes 15 or more 1099 specialists in assembling out teams. These employees are primarily technical in background and have an average salary of approximately $97,000. Reglera plans to grow this employee and 1099 base to 75 or greater with the addition of the above mentioned 6,000 sf. Participation in the program shall be based on a propertyfbusiness owner making a request and City Council exercising its legislative discretion to approve an agreement establishing what portion of fees and taxes will be refunded to the owner. Code Section 22-93 establishes that the City Council shall consider such an application at a public hearing after consideration of 5 criteria, which are discussed later in this report. Council Action Form May 9, 2011 Page 3 Staff has evaluated the application against the criteria stated in Code Section 22-93, which follows: I. The amount of expected incremental future sales and use tax revenue which can reasonably be anticipated to be derived by the City through the expanded or new tax generating business: Reglera will not directly generate sales tax. However the expansion does have the potential to generate spillover use tax and sales tax based on the following: tenant improvement construction payroll, increase in annual Reglera payroll of $2.9 million, products, meals, and construction materials being purchased in local business, and increased traffic and activity based on their expanded capacity. 2. The public benefits which are provided by the applicant through public works, public improvements, additional employment for City residents, etc.: As noted in the applicant's letter, employment will be expanded on a permanent basis and more significantly during the period of construction. 3. The amount, if any, of city expenditures which may be deferred based upon public improvements to be completed by the applicant: The applicant is not proposing to complete any public improvements which would fall under this category. 4. The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances ofthe city: The property meets all the requirements of the zoning ordinance for this development and complies with Envision Wheat Ridge, the City's Comprehensive Plan in that it encourages primary jobs and creates a mix of land uses to build a sustainable and resilient tax base while ensuring a sustainable future. 5. The agreement required by section 22-94 hereof having been reached, which agreement shall contain and conform to all of the requirements of such section: The City Attorney's office has approved the form of an agreement in compliance with the terms of the BDZP (attached). RECOMMENDATIONS: The investment proposed by Reglera will have significant positive impacts for the community, both economically and in their ability to provide services. As analyzed above, the application is in compliance with the majority of the criteria that are to be used by City Council in reviewing the request for the BDZP and agreement. The one evaluation criterion that is not met is the criterion related to generation of future sales tax. Reglera is not a retail business and will not create any sales tax directly at its Wheat Ridge facility. It is anticipated that Reglera will produce future use tax after their expansion with equipment purchases and additional tenant improvements. However, there are anticipated sales and use tax benefits based on the spillover benefits of the project due to local purchase of equipment and materials. Additionally, staff would note that the Code Section 22-93(c) provides the following: "The City Council may by :y. majority vote approve exceptions to the provisions of this division when such exceptions are found to be in the public's interest and such exceptions provide substantial benefit to the City." Council Action Form May 9, 2011 Page 4 The agreement establishes that a total of $SI ,000 of fees and taxes are eligible to be refunded. City staff will expend time conducting plan review and inspections on this project and therefore staff recommends providing a 50% rebate of use tax fees . Staff and the applicant have met numerous times during the process and both parties agree that 50% would make the project viable in Wheat Ridge. Tn making a motion, City Council should designate a fixed percent of fees to be waived through the agreement. Following are examples of the amount of fees that would be waived under four different scenarios: Phase 1 -$21,000 (bo/dlitalics are staff recommendations) • 25% fee refund = $5,250 • 50%fee refund = $10,500 • 75% fee refund = $15,750 • 100% fee refund = $21,000 Phase II -$60,000 (bold/italics are staff recommendations) • 25% fee refund = $15,000 • 50% fee refund = $30,000 • 75% fee refund = $45,000 • 100% fee refund = $60,00 RECOMMENDED MOTION: Motion #1. "I move to designate the property located at 11925 West 1-70 Frontage Road, Wheat Ridge, CO S0033 a Business Development Zone pursuant to Code Section 22, Division 5." Motion #2. "I move to approve an Agreement to Participate with Reglera LLC under the terms of the City's Business Development Zone Program and set the amount of the refund of the eligible use taxes at 50% percent." Or, "I move to deny Reglera as a Business Development Zone Program for the following reason(s) " REPORT PREPARED BY: Steve Art, Economic DevelopmentlUrban Renewal Manager ATTACHMENTS: 1. Agreement to Participate 2. Request letter 3. Code of Laws Chapter 22, Article I, Division 5 AGREEMENT TO PARTIClPATE IN THE CITY OF WHEAT RIDGE B USINESS D EVELOPMENT Zo E PROGRAM This Agreement to Participate in the City of Wheat Ridge Business Development Zone Program (this "Agreement") is made and entered into as of the 9th day of May, 2011 , by and between REGLERA LLC, 555 Zang Street, Suite 100, Lakewood, CO 80228, hereinafter referred to as the "Owner" and the CITY OF WHEAT RIDGE, COLORADO, 7500 W. 29'h Avenue, Wheat Ridge, Colorado 80033 hereinafter referred to as the "City," coll ectively the "Parti es," and each individually, as a "Party." WHE REAS, the City has adopted as a portion of the Wheat Ridge Code of Laws ("Code") Chapter 22, Article I, Division 5, " Business Development Zone" (the "Program"), to encouragc, in part, continued development and expansion of opportunities for employment in the pri vate sector in the City; and WHEREAS, Owner bas applied to partici pate in the Program; and WHEREAS, Owner is the owner and operator of leased space and improvements thereon within the City City and known as the "Reglera," which is a regulatory affairs and quality assurance company providing consulting and outsourcing services to the medi al device and human tissue industries; and WHEREAS, pursuant to Code Sec. 22-86 (b), the City Council has des ignated the real property leased by Reglera as a "Wheat Ridgc Business Development Zone"; and WHEREAS, Owner plans to construct tenant improvements in a 17,500 structure and increase that operation by 6,000 square feet within 18-months of initial condition of occupancy; and WHEREAS, Owner's plans and tenant improvements will lead to increased cmployment from their current 45-employees to ovcr 75 employees; and WHEREAS, whil e such an increasc in employees with an average salary of $97,000 will indirectly impact City services through increased sales tax opportunities during business hours and will not directly impact City revenue; and WHEREAS, the Program allows the City to prov ide for the sharing of ccrtain categories of fees, taxes and other business development-related charges for new development within the business development di strict ("Eligible City Fees, Charges and Taxes" as defined in Code Sec. 22-87 (2)) to the extent allowed by an agreement with a business owner; and WHEREAS, cost-sharing at the rate prescribed herein will serve to aid the ex pansion of Reglera in that it will alleviate a portion of the costs associated with the ex pansion. NOW, THEREFORE, in considerat ion of the foregoin g, and the covenants, promises, and agreements of each of the Parties hereto, to be kept and preformed by each of them, thc Parties agrcc as follows: Attachment 1 •.. 1. Recitals. The Recitals set forth above are incorporated In this Agreement by reference 2. Term. The term of this Agreement shall commence on May 9, 20 I I and shall terminate upon full refund by the City to Owner of eligible City fees, charges and taxes as set forth in Paragraph 7 (the "Term"). Notwithstanding the foregoing, it is an express provi sion of this Agreement that this Agreement shall expire and be of no further force and effect upon the occurrence of the earlier to occur of: (I) expiration of the Term or (2) payment of the maximum amount to be shared as set forth in Paragraph 7 (whether or not the Term has expired), or (3) determination by the City of Owner's default, as provided in Paragraphs 13 or 15. 3. The Pro iec!. The project proposed by the Owner through which it des ires to participate in the Program consists of the following, generally: lease space property upon which to expand services provided by Owner of approximately 17,500 square feel. Future expansion of approximately 6,000 6,000 square feet would occur within 18-months of site occupancy. The foregoing shall be collectively referred to herein as the "Project," and is more fully described below at Paragraphs 4 and 8. 4. Representations of Owner. Pursuant to Code Sec. 22-94, Owner hereby represents to the City the following: a. Improvements justifying Projeet approval. I. Revitalization of land. Once the Project is completed, it is anticipated to be 17,500 square feet of light industrial and office use. The Project may expand by 6,000 square feet within 18-months that will include a state-of-the-art pilot plant for disposable medical devicc prototype activities. II. Estimated cOSl. The cost for the initial phase of the Project including the improvements described above is estimated to be approximately SIX HUNDRED AND SEVENTY THOUSAND DOLLARS ($670,000). The cost for phase II of the Project including the improvements described above it estimated to be approximately TWO MILUON DOLLARS ($2,000,000). b. Expected incremental future tax revenue. Owner operates a for-profit Limited Liability Partnership. Any incremental future sales and use tax revenue wi ll be directly generated by this Projecl. Benefits to the community which may generate future sales and use tax indirectly have been identified by the Owner as follows : I. Short-term positive impact during construction: Prior to the completion of the Project, the tenant improvement phase will employ additional personnel in the construction phase. 2 u. Long-term positive impact by addition of staff: With increased facilities and ability to increase services, Owner will employ more permanent staff. Specifically, it is estimated that permanent staff will be added to Owner's headquarters. It is anticipated that at the completion of the Project, 4S full-time employees will be hired. With future expansion, employment could reach as high 7S-LOO employees with an increased payroll of approximately $2.9 mjllion at the low end of the employee range. Ill. An indirect benefit will be an increase of shoppers in the City of Wheat Ridge during breakfast and lunch periods as well as the opportunjties for Wheat Ridge business to provide industrial and office products to the Owner, likely contributing to the City's tax base. 5. Personal agreement; non-transferable; no third party beneficiaries The cost-sharing of Eligible City Fees, Charges and Taxes as approved herein shall constitute a personal agreement between the City and Owner. The terms of this Agreement do not run with the land. The obligations, benefits and/or provisions of tbis Agreement may not be assigned in wbole or in any part witbout the express authorization of the City Council. No third party shall be entitled to rely upon or enforce any provision hereof. 6. Agreement not to constitute debt or obligation of the City Nothing herein shall be construed to constitute a debt or obligation of the City. Notwithstanding any other provision of this Agreement to the contrary, the Parties understand and acknowledge that the City is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). This Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City'S current fi scal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fi scal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with ordinances and resolutions of the City and other applicable law. 7. Cost-sharing a. Estimated Eligible City Fees, Charges and Taxes. The following arc estimates of the Eligible City Taxes which are the subject of the cost-sharing herein. I. Phase 1 Use Tax: estimated $21,000; 11. Phase II Use Tax: estimated $60,000 b. Expected Incremental Future Sales and Use Tax Revenue. The Expected Incremental Future Sales and Use Tax Revenue, as such term is defined in Code Sec. 22-87 (2), is $81,000. 3 c. Cost-sharing. Pursuant to Code Sec. 22-88, cost-sharing of the Eligible City Fees, Charges and Taxes may be granted up to the Expected Incremental Future Sales and Use Tax Revenue. However, itis anticipated that the Incremental Sales and Use Tax Revenue received from the Project is currently projected to be $81,000. Notwithstanding the foregoing, and in reliance upon tbe representation of Owner of the benefits to the City of the Project, the City and Owner agree to the cost-sharing for the Eligible City Fees, Charges and Taxes as follows: 100% of the Eligible City Use Taxes shall be due and paid to the City by Owner for Phase I & Phase IT based upon review and approval by the City of properly documented requests [or the same. Upon receipt thereof, the City shall refund 50% of such Eligible City Taxes back to the Owner in I equal payment to their overall Tax charge described in Paragraph 2 herein. In no event shall the City be obligated to refund more than 50% of eligible City Fees, Charges and Taxes received by it. 8. Legal challenge In the event of legal challenge to the Program as applied to Owner, any costs scheduled to be shared-back to Owner shall be escrowed until resolution of the di spute. 9. Waiver of Code requirements To the extent any requirements of Code Secs. 22-85 through 22-96 have been waived, such waiver has occurred pursuant to Code Sec. 22-93 (c) whereby the City Council has found by a % majority vote that sllch waiver is in the public's interest and will provide a substantial benefit to the City. 10. No joint venture Pursuant to Code Sec. 22-95, nothing herein shall be construed to create a joint vent.ure between the City and Owner. Notwithstanding any provision hereof, the City shall never be a joint venture in any private entity or act.ivity which participates in the Program, and the City shall never be liable or responsible [or any debt or obligation of any participant, including the Owner, in the Program. 11. Use of funds Pursuant to Code Sec. 22-89, Owner expressly acknowledges and agrees that any Eligible City Fees, Charges and Taxes refunded to the Owner under this Agreement, up to the amount agreed upon by the City Council pursuant to this Agreement may only he used for the purpose of the Project, as described in Paragraph 12, on Owner's Property within the underlying Business Development Zone. 12. Uses enumerated Pursuant to Code Sec. 22-90, the uses to which the Eligible City Fees, Charges and Taxes may be put by the Owner shall be strictly limited to those which are approved by the City 4 Council and which relate directly to the Project within the City, which Project is anticipated to indirectly generate more municipal sales and use tax revenues for the City in the future. Uses hereby expressly approved by City Counci l are as follows: c. -17,500 square feet of tenant improvements; d. -6,000 square feet of additional tenant improvements within 18-months 5. No Covenant to construct or to operate The intent of this Agreement is to provide for Owner's participation in the Program, in the event that Owner completes the Project. Notwithstanding any provision in this Agreement to the contrary, Owner shall have no obligation under this Agreement to complete the Project. In the event Owner fails to complete the Project, this Agreement may be terminated at the option of the Ci ty. 6. Remedies The Owner waives any consLitutional claims against the City aris ing out of a breach of this Agreement. The Owner's remedies against the City under this Agreement are limited to breach of contract claims. In no event shall the City be liable for any form of damages, including without limitation: exemplary, punitive or consequential damages, including economic damages and lost profits. 7. Termination [n tbe event Owner fails to comply with one or more of the terms of this Agreement, City may, in its sole discretion, terminate this Agreement. 8. Indemnification To the fullest extent permitted by law, Owner agrees to indemnify and hold tbe Ci ty harmless from any damage, liability or cost (incl uding reasonable attorneys' fees and cost of defense) to the extent caused by the Owner's negligent acts, errors or omissions in the performance this Agrcement and those of its sub-contractors, sub-consulta nts or anyone for whom the Owner is legally liabl e. To the extent pennilted by the Colorado ConstituLion and statutes, the City agrees to indemnify and hold the Owner barmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extcnt caused by the City's negligent acts, errors or Olnissions aris ing from tills Agreement. These defense and indemnification obligations shall su rvive the expiration or termin ation of th is Agreement. The Parties acknowledge that the provisions of this Paragraph are not intended to waive or alter any of the rights and defenses afforded to the Ci ty under the common law, the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-10 I, el. seq. or any other law. 9. Severabilitv If any part, term or provision of this Agreement or the Program is hcld by a court of competent jurisdiction to be illegal or in confl ict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular 5 part, term or provision held to be in va lid , and the Parties shall cooperate to cure any legal defects in the Agreement or the Program. Should the sharing of Eligihle City Fees, Charges and Taxes pursuant to this Agreement be judicially adjudged illegal, in valid or unenforceable under the present or future laws effective during the Term of this Agreement by a court of competent jurisd iction in a final, non-appealable judgment, the Parties shall utilize their best, good faith efforts to restructure this Agreement or enter into a new agreement consistent with the purposes of this Agreement. Should the Parties be unsuccessful in their efforts, the Agreement shall terminate without penalty or recourse to either Party. 10. Governing law; venue The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either Party in stitute legal suit or action for enforcement of any obligation contained herein, it is agreed that venue of such suit or action shall be proper and exclusive in the district court for Jefferson County, Colorado. 11. Notices All notices required or permitted under this Agreement shalJ be in writing and shall be hand delivered or sent by certified mail, return receipt requested, postage prepaid, to be addressed to the Parties set forth below. All notices so given shall be considered effective upon the earlier of the actual receipt or seventy-two (72) hours after deposit in the United States Mail with the proper address. Either Party by notice so given may change the address to which future notices shall be sent: Notice to the City: Copy to: Notice to the Owner: Copy to: 12. Entire agreement -amendments City Manager City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 City Attorney City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 John Dupont Reglera, LLP 11925 West 1-70 Frontage Road Wheat Ridge, CO 80033 [INSERT CONTACT] Address 6 part, term or provision held to be invalid, and the Parties shall cooperate to cure any legal defects in the Agreement or the Program. Should the sharing of Eligible City Fces, Charges and Taxes pursuant to this Agreement be judicially adjudged illegal , invalid or unenforceable under the present or future laws effective during the Term of this Agreement by a court of competcnt jurisdiction in a final , non-appealable judgment, the Pa!1ies shall utilize their best, good faith efforts to restructure this Agreement or enter into a new agreement consistent with the purposes of this Agreement. Should the Patties be uns uccessful in their efforts, the Agreement shall tenninate without penalty or recourse to either Party. 10. Governing law; venue The laws of the State of Colorado shall govern the validity, perfornlance and enforcement of this Agreement. Should either Patty institute legal suit or action for enforcement of any obligation contained herein, it is agreed that venue of such suit or action shall be proper and exclusive in the di strict court for Jefferson County, Colorado. II. Notices All notices required or permitted under this Agreement shall be in writing and shall be hand delivered or sent by cettified mail , return receipt requested, postage prepaid, to be addressed to the Parties set forth below. All notices so given shall be considered effective upon the earlier of the actual receipt or seventy-two (72) hours after deposit in the United States Mail with the proper address. Either Patty by notice so given may change the address to which future notices shall be sent: Notice to the City: Copy to: Notice to the Owner: Copy to: 12. Entire agreement -amendments City Manager City of Wheat Ridge 7500 W. 29'h Ave. Wheat Ridge, CO 80033 City Attorney City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 John Dupont Reglera, LLP 11925 West 1-70 Frontage Road Wheat Ridge, CO 80033 [INSERT CONTACT] Address 6 This AgreemeIll embodies the whole agreement of the Pal,tics. There are no promises, tClll1S, conditions, or obligations other than those conta ined herein, and this Agreemen t sha ll su persede all previous communicalions, representations or agreements, eilher verbal or writlen. between the Parties hereto. This Agreement may be amended only by written agreement between the Owner and the City ac ting pursua nt to City Coulle il authorization. 13. Effec tive date This Agreement shall be e ffective and bindi ng upon the Partie;; upon the date first set forth above. IN WfTNESS WHEREOF, Owner and City have each caused this Agreel11L'l1t to be executed by their authorized representatives. Slate of Colorado Coun ty of Jefferson ) ) ) OWNER REGLERA, LLC By:-"t~~ Name: Title: 55 . Tbe foregOing Agreement was acknowledged before me Ihis 2"4 day of tvlll'1 .Iohn Zabawa as President o[Seniors' Resollrce Center. WITNESS l'vIY II A\JD AND OrFICIAL SEAL. My Commissioll expi res: 3 /J'l;/'J-O 1+ . r GvvA~h, ~ ( ~ Nb't AR Y e,lJi3U10S 7 .201 0, by March 28, 20 II Steve Art Economic Development/Urban Renewal Manager City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 Steve, -6 REGLERf:I 555 ZANG STREET SUITE 100 LAKEWOOD, CO 80228 TEL 303 1832 18200 TOll 800 341 4255 FAX 303 832 6700 We appreciate the interest Wheat Ridge has shown with our planned move of Reglera LLC from Lakewood, Colorado. Reglera is a Regulatory Affairs and Quality Assurance company providing consulting and outsourcing services to the Medical Device and Human Tissue industries. We provide these services across the entire size range of companies from the largest multinational medical device companies to the smallest startup medical device companies and reproductive clinics. We currently have 45 W-2 employees but also utilize 15 or more 1099 specialists in assembling out teams. These employees are primarily technical in background and have an average salary of approximately $97,000. We plan to grow this employee and 1099 base to 75 or greater with the addition of a state-of-the-art pilot plant for disposable medical device prototype activities. We anticipate moving into our new location at 11925 West [-70 Frontage Road, Wheat Ridge, Colorado by July 1,2011. The facility will include 17,500 square feet of office space for our consulting and outsourcing activities. It will also include an additional 6,000 square feet of open space to house the pilot plant within the [list 18 months after relocation. The abatement of the use tax on our planned $670,000 of leasehold improvements is an important consideration in our decision to relocate to Wheat Ridge. We appreciate your consideration on this maller. Please contact me if you have any questions concerning our plans. Best Regards, John R. Dupont Chief Operating Officer Attachment 2 SIMPLIFYING REGULATORY LAW AND GUIDANCE www.reglera.com Page 1 of 4 Wheat Ridge, Colorado, Code of Ordinnnces > PART II -CODE OF LAWS» Chapter 22 TAXATION» ARTICLE I. -SALE'S AND USE TAX» DIVISION 5 -BUSINESS DEVELOPMENT lONE. >.> DIVISION 5 . -BUSINESS DEVELOPMENT ZONE Sec. 22·85 . . Proqram established. Sec 22-86. -Legislative declarations. Sec. 22·87 .. Definitions. Sec. 22·88 .• Participation. Sec. 22-89, -Approval of agreement. use of funds generally. Sec. 22·90 .. Uses enumerated. Sec. 22-91 . • Increments, sharing of funds. Sec. 22·92 . • Capital Improvement fund. Sec. 22-93. -Criteria for approval of application. Sec. 22-94. -Agreement required Sec. 22-95. -Joint venture liability. Sec. 22·96 .• ESTIP and TIF. Secs. 22·97 22·99. ' Reserved. Sec. 22 -85. -Program established. There is hereby established within the city the "Wheat Ridge Bu siness Development Zone" program. rOld Nu. 88: . " -92. Old. ,'Vt), 1212. § 1 12-9 '2) Sec. 22 ·86 . • Legislative declarations. (a) The city council of the city hereby finds and declares: (1) That the health, safety and and welfare of the people of this city are in large part dependent upon the continued encouragemenl, development and expansion of opportunities for employment in the private sector in this city; (2) That there currently exists in this city businesses or vacant land which require new development or revitalization opportunities to overcome conditions of unemployment, underemployment, net out-migration of the population, diminution of tax revenues, chro nic economic distress and blighting influences such as, but not limited to, deterioration of business districts, deterioration of public infrastructu res, traffic and drainage problems or sudden severe economic dislocations; (3) That by creating new development, redevelopment or expansion opportunities for businesses within the city the ci ty council will increase the likelihood that new and improved businesses will generate more municipal sales and use tax revenues for the city in the future. (b) It is therefore declared to be the policy of the city, in order to provide incentives for priva te enterprises to expand or for new businesses to locate in the city, to develop a program which empowers the city council to deSignate portions of the city as a "business development zone" and to provide for the abatement of certain categories of fees, taxes and other business developmentre lated charges for new development or redevelopment within such districts. (c) The city council has enacted this division 5 of article I of chapter 22 of the Code of Laws as a joint benefit to the public at large and to private owners for the purposes of reducing blight in our business districts and of providing the city with increased sales and use tax revenues generated upon and by properties improved as a result of this program and allowing owners and proprietors opportunities to improve properties which generate sales acti vities, which improvements make those properties more competitive in the marketplace and further provide to owners and proprietors additional contingent sources of revenues for ungrading such properties. (d) Attachment 3 http://librarY.municode.com/showDoculll ent.aslJx?clicntlD= I I 707 &docl 0 = I 41?71?0 11 The ci ty council specifically finds and determines that creation 01 this "business development . zone" division and the exercise of the powers enumerated herein are consistent with and promotes the public health, salety and general wellare of the citizens 01 Wheat Ridge. r} /0 888, So ./, ~ 1 ·92. O((J N( 1 ~hP-~N 7 § 1 12-; 3-. 2 I; j Sec, 22 -87, -Definitions, As used in this division, the following phrases shall have the lollowing meanings unless the context clearly indicates another meaning: Page 2 of 4 (1 ) The phrase eligible city fees, charges and taxes shall mean and shall be limited to use tax on furniture and fixtures associated with the initial development or redevelopment "project," use tax on building materials, building permit fees and zoning fees. (2) (3) (4) The phrase expected incremental future sales and use tax revenue shall mean the amount of the additional sales and use tax reven ue, as projected by the city, expected to be generated during the council-deSignated time period from the time of completion of the "project" over and above the sales and use tax fees generated on the premises in the twelve (12) months preceding the application described in section 22-88 The phrase owner or proprietor shall mean the record owner, tenant or operator of an individual business or, in the case of a shopping center, the owner of the real property upon which more than one business is operated. Project shall mean the specific development or redevelopment expenditures which relate both to the abatement of "eligible city lees, charges, and taxes" and "expected incremental future sales and use tax revenues." (O([! No 888. §'f 1-13-92 0((/N~l 1272, § 1 12-9-0rl, Sec, 22 -88, -Participation, Participation in the business development zone program shall be based upon approval by the city council, exercising its legislative discretion in good faith . Any owner or proprietor of an established, proposed or newly purchased business, or the owner or proprietor of an existing business which wishes to expand, may apply to the City lor inclusion within the program. Abatement or sharing of eligible city fees, charges, and taxes shall, upon approval of the application by the city council, be granted up to the amount of expected incremental future sales and use tax revenue to be generated by the project during the agreed to time period. (Old No. 888, § 1,1 '/,1·92; Old. No, 1272. § 1. 12·9·02) Sec, 22 -89, -Approval of agreement; use of funds generally, Approval by the city council of an agreement implementing the provisions of this division shall entitle the applicant to share in the eligible city fees, charges and taxes up to the amount agreed by the city council; provided, however, that applicant may use such amounts only for the purpose of developing or redeveloping the business within the approved business development zone, which purposes shall be specifically enumerated in the agreement provided for in section 22-94 hereof. rOrd No 888, § 1 "3-92, Ord No i 27: § 1, 12-9·02) Sec, 22 -90, -Uses enumerated, The uses to which the eligible city fees, charges and taxes may be put by an applicant shall be strictly limited to those which are approved by the ci ty council and relate directly to the development or redevelopment of businesses within the city, which developed or redeveloped businesses will generate more municipal sales and use tax revenues for the city in the future. Priority shall be given to all businesses which make application for inclusion within this program and who agree to utilize the eligible city fees, charges and taxes for the public or public-related purposes identified section 22-78 of this Code of Laws. (0,"(1 No 888. § 1 1-13-92 Qt"d M! 12i£' '~1 12-9-02) Sec, 22 -91, -Increments, sharing of funds, The base figure for el igible city lees, charges and taxes shall be divided into twelve (12) monthly increments, which increments are subject to agreement between the parties and approved by the city Page 3 of4 council, and which increments shall be reasonably related to the amount of sales and use taxes generated on the premises in the twelve (12) months preceding the application received by the city for participation in this program. The accounting and payment provisions of sections 22-79 and 22-80 hereof are hereby declared to be applicable to any application approved hereunder. Sec. 22 -92. -Capital improvement fund. The one (1) percent of use taxes earmarked for the capital improvement fund may be utilized in this business development zone program for public improvements so long as the same are within the meaning of the phrase capital improvements as defined in the voter-approved sales tax referendum previously held within the city, and provided the public improvements are found and determined by the city council to be capital improvements which could be provided by the city from the capital improvement fund but for the provision of such improvements by the applicant. (Ord No .'188. § 1. 1-13-92: Ora. No 127'" § 1, 'I.:. i)-O?l Sec. 22 -93. -Criteria for approval of application. (a) (b) Approval of an application for inclusion in this business development zone program shall be given by the city council at a public hearing held as a portion of a regularly scheduled city council meeting based upon the following criteria: (1) The amount of expected incremental future sales and use lax revenue which [canJ reasonably be anticipated to be derived by the ci ty through the expanded or new tax generating business; (2) The public benefits which are provided by the applicant through public works. public improvements, additional employment for city residents, etc.; (3) The amount. if any. of city expenditures which may be deferred based upon public improvements to be completed by the applicant; (4) The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the city; (5) The agreement required by section 22-94 hereof having been reached, which agreement shall contain and conform to all of the requirements of such section. Approval of any application shall be made by motion adopted by a majority of th e entire city council. (c) The city council may by three-fourths (0/.) majority vote approve exceptions to the provisions of this division when such exceptions are found to be in the public's interest and such exceptions provide substantial benefit to the city. lOrd No. 888. § 1.1·13.92 Or1. No. 1993·947 § 2.121;)·9. Ord f 1272 § 1 12-902) Sec. 22 -94. -Agreement required. Each application for approval to the city council shall be subject to approval by the council solely on its own merits. Approval of one application shall not require, or be deemed precedent for, approval of any other application. Approval of an application shall require that an agreement be executed by the owner and the city, which agreement shall, at a minimum contain: (1 ) (2) (3) (4) (5) A list of those public or public-related improvements which justify applicant"s approval. and the amount which shall be spend on such improvements; The maximum amount of expected incremental future sales and use tax revenue and the maximum time during which the agreement shall continue, it being expressly understood that any such agreement shall expire and be of no further force and effect upon the occurrence of the earlier to be reached of the maximum time of the ag reement (whether or not the maximum amount to be shared has been reached) or the maximum amount to be shared (whether or not the maximum time set forth has expired); A statement that this is a personal agreement which is not transferable and which does not run with the land; That this agreement shall never constitute a debt or obligation of the city within any constitutional or statutory provision; The base amount which is agreed upon by month, and the fact that if, in any month as specified, expected incremental future sales and use tax revenue received from the property does not at least equal such amount. that there shall be no sharing of funds for such month; hlln:111 ihr::Jrv ITIllIlir.()rip (,()T11 /"h()w n()(,:1 mlPnt ::l " n Y? riipnf rn= I I 7()7 XI'l; {)r I n = 1 4 1? 7 1?nll (6) (7) (8) (9) Page 4 of4 The base amount shalt be agreed upon, which shall consider the use taxes generated by the property in question, or a similar property within the city in the event of a new business; A provision that any expected incremental future sales and use tax revenue shall be escrowed in the event there is a legal cha llenge to this business development zone program; An affirmative statement that the obligations, benefits and/or provisions of this agreement may not be assigned in whole or in any part without the expressed authorization of the city council, and further that no third party shalt be entitled to rely upon or enforce any provision hereof; Any other provisions agreed upon by the parties and approved by the city council. Sec. 22 -95. -Joint venture liability. The city council has enacted this business development zone as a joint benefit to the public at large and to private owners for the purposes of providing the city with increased tax revenues generated upon and by properties improved as a result of this program; public improvements being completed by private owners through no debt obligation being incurred on the part of the city, and allowing applicants an opportunity to improve properties which generate sales and other business activities. The city council specifically finds and determines that creation of this business development zone is consistent with the city's powers as a home rule municipal corporation, and that exercise of such powers in the manner set forth herein is in furtherance of the public health, safety and welfare. Notwithstanding any provision hereof, the city shall never be a jOint venture in any private entity or activity which participates in this business development zone program, and the city shall never be liable or responsible for any debt or obligation of any participant in this business development zone. fOrd. Nc 888. I::: 1. 1 13-·92 OrU. No ';.::, l, § 1, 12~'Y· (2) Sec. 22 -96. -ESTIP and TlF. If the applicant, owner or proprietor partiCipates in the city's Enhanced Sales Tax Incentive Program ("ESTIP") or if the owner's or proprietor's business is located in an urban renewal area in which all or a portion of sales tax revenues have been pledged as part of a tax increment financing program, he or she shall be ineligible for participation in this business development zone program. rvrd. No i3t:. § 1 1-13-02: Ord_ No 1272 .s 1 1 ·g·OLI Sees. 22 -97-22 -99. -Reserved. 4f')7f')() I I ~ ~ ~ 4' • • _ r . City o f -,WheatR,i9ge ITEMNO: ~ DATE: May 9, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 17-2011 AN ORDINANCE AMENDING CHAPTER 26 TO SUPPORT URBAN AGRICULTURAL USES AND ACTIVITIES D PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS [:gJ ORDINANCES FOR 1 ST READING (05/09/2011) D ORDINANCES FOR 2ND READING (05123/2011) QUASI-JUDICIAL: D YES ~~~~~~~~.~c~to:r~ ISSUE: [:gJ NO -~,~ City Manager In the past year, the City has witnessed an increased interest in the topic of urban agriculture. Planning Division staff has received several inquiries related to urban agriculture, such as whether community gardens are allowed on vacant lots or backyards and whether greenhouses would be allowed on the same lot as a business or restaurant. For most ofthese topics, the current zoning code contains little to no regulations. Due to the large interest in growing and selling produce in the City, the proposed ordinance would amend Chapter 26 to clarifY what urban agriculture uses are allowed in various zone districts. The proposed ordinance establishes where three main uses -urban gardens, farmers ' markets, and produce stands -are allowed and includes minimal regulations for each use. PRIOR ACTION: A presentation on urban agriculture was given to City Council at a Study Session in December, 2010. At that time, Council gave staff direction to proceed with zoning code amendments that would clarifY where urban agriculture uses were allowed. Council recommended a permissive approach that would allow uses such as produce stands and community gardens in all zone districts. Staff gave an update on the proposed amendments to Council at a Study Session on March 7, 2011. ZOA· II·02 Council Action Form May 9, 201 I Page 2 Planning Commission discussed the proposed code amendments with staff at a Study Session in January, 201 I. At a Public Hearing on April 21, 201 I Planning Commission voted to approve the ordinance with the condition that urban gardens be allowed as a special use (rather than not permitted at all) on residentially-zoned lots where the primary use is a single-or two-family home. Planning Commission also recommended a modification to the definition of "urban garden." Both of these changes have been incorporated into the ordinance. Planning Commission also passed a motion recommending that staff consider a substantially reduced special use permit (SUP) fee for urban gardens that are accessory to a single-or two-family home, with the intent to encourage urban agriculture in the City and to not create a review process that will be costprohibitive. This recommendation was based on testimony at the Public Hearing from some residents who expressed concern that the typical SUP SUP fee of $300 plus an additional $300 per acre is high and could prohibit some residents from applying for urban gardens on their residential property. Please see pages 4-5 for further discussion of this topic. Meeting notes from the April 2 I 51 Planning Commission Public Hearing will be included with the ordinance on second reading. FINANCIAL IMP ACT: The proposed ordinance is not anticipated to have a direct financial impact on the City. BACKGROUND: In some communities, promoting urban agriculture dates as far back as the 1960s and I 970s, when community gardens rust started to form in cities like New York City and Philadelphia. In the past 10 years, however, the trend to produce and sell local food in urban communities has become ever more prevalent. Urban and suburban communities are drawn to urban agriculture for a variety of reasons, including: • Economic and community development • Environmental sustainability • Connecting urban dwellers to fresh, healthy food In Wheat Ridge, a community founded on an agricultural past; there is a renewed interest in how agriculture can be integrated into a largely built-out City. Many residents already have home gardens and there is an existing community garden on City-owned land, called Happiness Gardens. However, there is demonstrated interest by residents, schools, and business to expand urban agricultural uses -including community gardens, yard sharing, community-supported agriculture (CSA), and roadside produce stands. The desire for Wheat Ridge residents to access shared gardens, especially ifthey do not have room on their private lot, is demonstrated by the Healthy Food Assessment completed by LiveWell Wheat Ridge in 2010 (see results of this assessment in Attachment 2). The intent of the attached ordinance is to clarify where uses related to growing and selling produce are allowed in the City. Chapter 26 already contains fairly flexible provisions that allow residential homeowners to keep animals on their property as well as grow and sell produce from their home through a home occupation license. The primary amendments in the ordinance relate Council Action Form May 9, 2011 Page 3 to urban gardens, farmers markets, and produce stands. Based on policy direction received from City Council at a Study Session in December 20 I 0 and from Planning Commission at a Study Session in January 20 II, the approach is to be quite permissive, allowing these uses in all zone districts. Process Staff started researching zoning regulations related to urban agriculture one year ago. There is a limited number of jurisdictions in the Denver metro area that have updated their codes to address urban agriculture; Denver has already passed such changes and Lakewood is currently in the process of updating their code. Thus the majority of staffs research entailed communities throughout the country -including Seattle, Cleveland, Milwaukee, and Kansas City -that have been recognized for adopting zoning codes that support urban agricultural activities. In drafting the code amendments, Planning staff sought input from relevant City departments and divisions, including code enforcement officers, the Building Division, and the Parks Department. Staff also utilized real-life inquiries from community members and residents to test the proposed code. A group of Wheat Ridge residents that are part of the Access to Fresh Fruits and Vegetables (AFFV) task force also reviewed and commented on a draft of the ordinance, providing very helpful feedback to staff. The proposed ordinance also reflects input received from Study Sessions with City Council on December 6, 2010 and March 7, 2011, as well as a Study Session with Planning Commission on January 6, 20 II. Overview of Proposed Ordinance Below please find a summary of the amendments contained in the proposed ordinance. I. Landscape Definition The definition of landscaping in Section 26-502 is amended to include vegetable plants, to clarify that areas planted as a garden shall quaJi fy as landscaped area. 2. Home Occupation Regulations The regulations pertaining to home occupations (Section 26-513) are revised to clarify that the sales of produce or other agricultural products made on-site are allowed to occur outdoors (as opposed to all other home occupations, which must occur indoors). This amendment is intended to allow homeowners to establish temporary produce stands on their property as a home occupation. 3. Accessory Building Regulations The definition of an accessory building has been modified to clarify that urban garden uses may have an accessory structure (such as a shed or greenhouse) even ifthere is not a primary structure on the lot. Council Action Fonn May 9, 2011 Page 4 4. Urban Gardens Urban gardens are defined as an area of land fonnally managed, organized and maintained by an individual or group of individuals to grow and harvest food crops and/or non-food ornamental crops, such as flowers. Urban gardens may include community gardens (typically a non-profit model in which plots are leased for a minimal cost to growers and food is consumed or donated), market gardens (where food grown on site is sold for a profit), and community-supported agriculture, or CSA, where people purchase shares of produce from a garden or farm. In the proposed ordinance, urban gardens are allowed in all zone districts. However, prior to establishing such a use, an applicant must first submit to the Community Development Department a packet that includes a site plan and operational infonnation (including hours of operation and proposed parking areas) for review. The ordinance also establishes some basic regulations for urban garden uses, including: • Signage: each garden would be allowed one non-illuminated sign up to 6 square feet in size and 5 feet in height • Landscape buffer: a minimum 5-foot planted area is required wherever an urban garden abuts a property with a residential use • Parking: there is no specific requirement for off-street parking. However, if there is not adequate parking on adjacent streets, then the Community Development Department may require some on-site parking • Hours of operation: in residential zone districts, hours of operation are restricted to 7 am to sunset (and any exterior lighting must be turned off at this time) • Structures: structures such as sheds and greenhouses are allowed, but they would need to follow the limits on size and height, as well as setbacks, for accessory structures in the property's underlying zone district. Per Planning Commission's recommendation, the attached ordinance lists urban gardens on residential lots where accessory to a single-or two-family home as a special use. Due to concerns about high intensity of use in residential areas and potential negative impacts, such as traffic, staff recommended that urban gardens accessory to low-density residential uses should be subject to an additional review process. The intent is that formally managed gardens, typically with an exchange of money through a lease or other mechanism, on residential lots would require additional review. At the Public Hearing on April 21, staff recommended the special use permit (SUP) process to Planning Commission. Planning Commission agreed that an additional review was reasonable. However they had significant concern about the cost of an SUP. Thus they recommended that staff examine substantially reduced SUP fees for urban gardens accessory to homes as a way to encourage this type of use. Staff reviewed the current SUP process and fee structure, which includes costs for a preapplication meeting and neighborhood meeting. The SUP base fee is $300 plus $300 per acre. With the meeting and application fees, an application for an urban garden on a residential lot sized one acre would cost $900. In addition to the large cost, the SUP Council Action Form May 9, 2011 Page 5 process can take 2-3 months and contains the potential for a public hearing before City Council (which requires additional public noticing fees) . In an effort to follow policy direction from both City Council and Planning Commission to encourage urban garden uses through a permissive zoning approach, staff now proposes an alternative review process that would be less expensive and less timely than an SUP. Staff recommends requiring urban gardens accessory to a single-or two-family home to follow the Site Plan Review Process in Section 26-111. This is an administrative process that requires submittal of a detailed site plan that staff could review and, if necessary, put on referral to other City departments or utility districts for review. This additional review would allow staff to address issues such as parking and buffering adjacent to neighboring residential properties. Staff feels that the site plan review process is a better match than the SUP process for urban gardens on residential properties. The typical fee for a site plan review is $200 plus $200 per acre. There is also a $200 fee for the pre-application meeting prior to application. Staff is recommending that, for urban garden uses, the fee would be a flat $200, regardless of the size of the site. This $200 would include the pre-application meeting, which is useful to the applicant since they are informed of the review process and the potential issues that staff will look for in their review. The proposed $200 fee is comparable to the $200 fee that is required of homeowners applying for a zoning variance. The proposal to follow the site plan review process is reflected in the recommended motion below. 5. Farmers' Markets The proposed ordinance would allow farmers ' markets in any zone district as a primary or accessory use. Markets would not be allowed as an accessory use on residential properties with a single-or two-family home as the primary use. The proposed language requires a submittal with parking and operational info to Community Development. This submittal may be part of the typical business license review process since all markets are required to obtain a business license. Under the proposed ordinance, farmer's markets would be subject to the following regulations: • Signage: each market is permitted one temporary sign or banner up to 50 square feet in size. The sign may only be up when the market is in operation. • Hours of operation: in residential zone districts, hours of operation are restricted to 7am to sunset. • Parking: there are not specific off-street parking requirements. However, a proposed market must provide parking information to Community Development so it is clear that there is adequate parking provided, whether it be on-site, on an adjacent site, or on nearby streets. 6. Produce Stands The current zoning code allows for seasonal produce stands in Agricultural zone districts only. The proposed amendments would allow temporary stands, for up to 6 months per year, in any zone district. This means that homeowners with a home occupation could set Council Action Form May 9, 2011 Page 6 up a stand, as could any business or urban garden in the City. Produce stands do not require a submittal to Community Development, but staff would be able to review each stand as part of the business license review process. Produce stands would be subject to the following regulations: • Products sold: produce or agricultural products. Products sold at a stand must have been primarily grown, raised, or produced on the property where the stand is located. • Seasonal operations: stands may be up for a maximum of 6 months each year and must be removed/stored when not in use. • Hours of operation: in residential zone districts, hours of operation are restricted to 7 am to sunset. • Parking: temporary off-street parking should be provided if there is not adequate on-street parking nearby • Sign age: stands that are home occupations would have to meet home occupation regulations, which allow up to 2 square feet of signage (plus additional square footage for informational signs for parking, etc). All other stands would be allowed one sign up to 6 square feet in size and 5 feet tall. RECOMMENDATIONS: Staff recommends approval of the ordinance since it advances the City's goals, established in Envision Wheat Ridge, to support urban agriculture and access to local food. Specifically, under policy Sustainable Future 4.2, Envision Wheat Ridge recommends that the City revise its regulations to allow farmers' market, produce stands, and urban agriculture. The proposed ordinance would fulfill this strategy and help the City to implement its comprehensive plan. Adoption of the proposed ordinance will allow a variety of urban agricultural uses in Wheat Ridge and enable the community to pursue uses and activities, such as community gardens and farmers ' markets, which will positively impact health, the environment, and community development. RECOMMENDED MOTION: "I move to approve Council Bill No. 17-20 II , an ordinance amending Chapter 26 to support urban agricultural uses and activities, order it published, public hearing set for Monday, May 23rd at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication, with the following amendment: Or, • That urban gardens on residentially-zoned lots where the primary use is a singleor two-family home be subject to the Site Plan Review Process, rather than the Special Use Permit Process." " f move to postpone indefinitely Council Bill No. 17-2011, an ordinance amending Chapter 26 to support urban agricultural uses and activities for the foHowing reason(s) " Council Action Fonn May 9, 2011 Page 7 REPORT PREPARED BY: Sarah Showalter, Planner II Ken Johnstone, Community Development Director ATTACHMENTS: I. Council Bill No. 17-2011 2. Summary of Results from LiveWell Wheat Ridge Health Foods Assessment CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER -::-____ _ COUNCIL BILL NO. 17 ORDINANCE NO. :.: . .,.. _ _ Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 26 TO SUPPORT URBAN AGRICULTURAL USES AND ACTIVITIES WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City's Comprehensive Plan, Envision Wheat Ridge, establishes that the City will work to promote access to healthy foods and support urban agriculture according to Policy SF 4.2 Accessible Healthy Foods; and WHEREAS, said plan includes the recommendation to "revise regulations to allow farmers' markets, produce stands and urban agriculture" within the City; and WHEREAS, the City Council of the City of Wheat Ridge wishes to amend the Wheat Ridge Code of Laws (the "Code") to accomplish these goals. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-123, entitled "Definitions," is amended to review the definition of "Building, accessory," to read: Building, accessory. A subordinate building or portion of a main building the use of which is incidental to that of the main building OR USE on the same lot. These accessory buildings shall include, but are not limited to, private storage sheds, detached garages, detached carports, membrane structures that meet current building code requirements, chicken coops, gazebos, greenhouses and barns. AN URBAN GARDEN USE MAY BUT IS NOT REQUIRED TO HAVE A MAIN BUILDING. EXCEPT FOR URBAN GARDEN USES, An AN accessory building must be clearly subordinate to a main use BUILDING located on the same lot AND AElElitienally, an accessory structure shall not be located on a vacant lot devoid of a main building. Section 2: Section 26-123 of the Code is amended to include the following new definitions in appropriate alphabetical order: 1 Attachment 1 FARMERS' MARKET. A PUBLICLY OR PRIVATELY OPERATED, OPEN-AIR ESTABLISHMENT WHERE PRIMARILY AGRICULTURAL PRODUCTS SUCH AS RAW VEGETABLES, FRUITS, HERBS, FLOWERS, PLANTS, NUTS, HONEY AND EGGS ARE SOLD. ANY NON-AGRICULTURAL PRODUCT SOLD AT A FARMERS' MARKET MUST HAVE BEEN CREATED BY THE VENDOR SELLING THE ITEM. PRODUCE STAND. A TEMPORARY STRUCTURE AT WHICH AGRICULTURAL PRODUCTS SUCH AS RAW VEGETABLES, FRUITS, HERBS, FLOWERS, PLANTS, NUTS, HONEY AND EGGS ARE SOLD. VALUE-ADDED AGRICULTURAL PRODUCTS, WHICH ARE MADE FROM RAW AGRICULTURAL PRODUCTS GROWN, RAISED, OR PRODUCED ON-SITE, SUCH AS JAMS, JELLIES, OILS, VINEGARS, AND CHEESES, MAY ALSO BE SOLD AT PRODUCE STANDS. PRODUCTS SOLD AT PRODUCE STANDS MUST HAVE BEEN PRIMARILY GROWN, RAISED, OR PRODUCED ON THE SAME PROPERTY WHERE THE STAND IS LOCATED. URBAN GARDEN. AN AREA OF LAND FORMALLY MANAGED, ORGANIZED, AND MAINTAINED BY AN INDIVIDUAL OR GROUP OF INDIVIDUALS TO GROW AND HARVEST FOOD CROPS AND/OR NON-FOOD ORNAMENTAL CROPS, SUCH AS FLOWERS. URBAN GARDENS MAY BE DIVIDED INTO SEPARATE PLOTS FOR CULTIVATION BY ONE OR MORE INDIVIDUALS OR MAY BE MAINTAINED AND CULTIVATED COLLECTIVELY. URBAN GARDEN EXAMPLES INCLUDE COMMUNITY GARDENS, WHERE CROPS ARE CONSUMED OR DONATED, MARKET GARDENS, WHERE CROPS ARE SOLD FOR PROFIT, AND COMMUNITYSUPPORTED AGRICULTURE (CSA), WHERE CROPS ARE SOLD OR DONATED FOR SHAREHOLDER CONSUMPTION. Section 3: The Table of Uses in Section 26-204 of the Code are amended to read: Table of Uses--Residential TABLE INSET: Uses Notes R-R-R-R-R-R-R-R-1 1A 18 1C 2 2A 3 3A One-family P P P P P P P P dwelling Two-family P P P P dwelling Three-family P P P dwelling Four-family P P P dwelling 2 Uses Notes R-R-R-R-R-R-R-R-1 1A 18 1C 2 2A 3 3A Multifamily P P dwelling Bed and breakfast See § 26-608 S S S S S S S S Church, parish S S S S S S S S house Day care home, S S S S S S P P large Electric S S S S S S S S transmission substation NOT PERMITTED AS AN ACCESSORY USE ON PROPERTIES WHERE THE PRIMARY USE IS A FARMERS' SINGLE-OR TWO-FAMILY P P P P P P P P MARKETS HOME. SUBMITTAL TO COMMUNITY DEVELOPMENT DEPARTMENT REQUIRED. SEE § 26-635 Foster care home P P P P P P P P Governmental and quasigovernmental No outside storage P P P P P P P P buildings, fire stations and public utility buildings Governmental and quasigovernmental Outside storage S S S S S S S S buildings, fire stations and public utility buildings Parking of Shall be allowed only on lots automobiles of containing nonresidential or P P P P P P P P clients, patients or quasi-public uses, subject to patrons of adjacent § 26-501C.4 commercial or 3 Uses Notes R-R-R-R-R-R-R-R-1 1A 18 1C 2 2A 3 3A nonresidential uses Parking of Shall be allowed on lots automobiles of clients, patients or adjacent to business only if S S S S S S S S patrons of adjacent the business owner also commercial uses owns the adjacent lot Parks Includes: noncommercial P p P playgrounds or other public P P P P P recreation uses SEE § 26-636. WHERE LOCATED ON A LOT WITH A RESIDENTIAL PRODUCE DWELLING UNIT, MUST STANDS MEET HOME P P P P P P P P OCCUPATION REGULATIONS PER § 26-613. Public or private golf courses, Restaurants, lounges and country clubs or clubs operated for bars permitted as accessory S S S S S S S S the benefit of to a public or private golf members only and course not for gain Public and private schools, colleges S S S S S S S S and universities. Residential group See § 26-612 S S S S S S S S home for children Residential group homes, nursing homes, and congregate care See § 26-612 P P P P P P P P facilities for 8 or fewer elderly persons Residential group S S homes, nursing See § 26-612 S S S S S S homes, or 4 Uses Notes R-R-R-R-R-R-R-R-1 1A 18 1C 2 2A 3 3A congregate care facility for 9 or more elderly persons SPECIAL USE PERMIT REQUIRED WHERE ACCESSORY TO A URBAN SINGLE-OR TWO-FAMILY GARDENS HOME, SUBMITTAL TO P P P P P P P P COMMUNITY DEVELOPMENT DEPARTMENT REQUIRED, SEE § 26-637 Wind powered electric generators S S S S S S S S Not in excess of 35 feet TABLE INSET: Accessory Uses For Notes Residential Districts Bee keeping See § 26-603 and 607 Ancillary uses operating within a church's primary e.g .: Day care centers, scout meetings structure Home occupations, INCLUDING PRODUCE See § 26-613 AND § 26-636 FOR PRODUCE STANDS STANDS See § 26-123; 605 (excludes keeping of swine); 606. Accessory buildings shall not be located on a vacant lot Accessory buildings devoid of any primary or main building, EXCEPT FOR URBAN GARDEN USES, WHICH MAY OR MAY NOT HAVE A PRIMARY OR MAIN BUILDING, NOT PERMITTED AS AN ACCESSORY USE ON FARMERS MARKETS PROPERTIES WHERE THE PRIMARY USE IS A SINGLE-OR TWO-FAMILY HOME, SEE § 26-635 Household pets, limited to no more than 3 dogs and 4 Plus their unweaned offspring cats 5 Accessory Uses For Notes Residential Districts Private swimming pools and tennis courts and other See § 26-603 recreational facilities Public and private communications towers, For satellite earth receiving stations, see § 26-616 and § television or radio antennas 26-617 Public utility lines and poles, irrigation channels, storm drainage and water supply facilities Rooming and/or boarding of On a contract basis for not less than 7 days not more than 2 persons SPECIAL USE PERMIT REQUIRED ON PROPERTIES URBAN GARDENS WHERE THE PRIMARY USE IS A SINGLE-OR TWOFAMILY HOME. SEE § 26-637 Water towers or Not in excess of 35 feet aboveground reservoirs Table of Uses--Agricultural and Public Facilities TABLE INSET: Uses Notes A-A-1 2 PF Bed-and-breakfast Subject to requirements set forth in § S S 26-608 Cemeteries and crematories Not including funeral homes S S Churches parish houses S S Day care home, large S S Day care center, large S S Day care center, small S S 6 Uses Notes A-A-1 2 PF Provided that outside runs which are Dog kennels, catteries, adjacent to residentially zoned or S S veterinary hospitals used property are no closer than 25 feet to a side or rear lot line Electric transmission S S substations PROHIBITED in A-1: The raising or General farming and raising or keeping of swine INCLUDED in A-2: The keeping of keeping of stock, bee keeping, swine and/or potbellied pigs, Sus P P poultry or small animals such as Scrofa Vittatus, except such animals rabbits or chinchillas shall not be fed garbage SUBMITTAL TO COMMUNITY FARMERS' MARKETS DEVELOPMENT DEPARTMENT P P P REQUIRED, SEE § 26-635 Foster care home P P Fish hatcheries P P Governmental and quasi-No outside storage governmental buildings, fire P P stations and public utility P buildings Governmental and quasigovernmental buildings, fire Outside storage S S stations and public utility P buildings Greenhouses and landscape nurseries, including both See § 26-624 P P wholesale and retail sales of related products One-family dwelling P P Parks Includes noncommercial playgrounds P P P 7 Uses Notes A-A-1 2 PF or other public recreation uses SEE § 26-636. WHERE LOCATED ON A LOT WITH A RESIDENTIAL PRODUCE STANDS DWELLING UNIT, MUST MEET P P P HOME OCCUPATION REGULATIONS PER § 26-613. Public and private schools, In public facility district only public S S P colleges, and universities schools Public or private golf courses, Not including a private club which country clubs or clubs operated S S for the benefit of members only provides service customarily carried and not for gain on as a business Race track, fair grounds, S S amusement resorts, heliports, radio towers and stations Residential group homes for 8 See § 26-612 P P or fewer elderly persons Residential group or nursing homes, or congregate care See § 26-612 S facilities for 9 or more elderly persons Residential group homes for See § 26-612 S children Provided that any structure housing Riding academies and public animals which is adjacent to a P P stables residentially zoned or used property shall be no closer than 25 feet to a side or or rear lot line Roadside stands feF PFo'fided sliGh stands are IOGated opeFation feF not mOFe than & no less than 30 feet fFom any months peF yoaF feF the sale stFeet, highway OF Fight of way P-Pof faFm pFodliGta predliGed OF line, and that temporal')' off stFeet made on the pFemises. paFking is pFovided SUBMITTAL TO COMMUNITY URBAN GARDENS DEVELOPMENT DEPARTMENT P P P REQUIRED. SEE § 26-637 Wind-powered electric S S 8 A-AUses Notes 1 2 PF generators not in excess of 35 feet. TABLE INSET: Agricultural and Public Facilities Districts Accessory Uses Notes Home occupations, INCLUDING Meeting the definition and standards in § 26-PRODUCE STANDS 613 AND, FOR PRODUCE STANDS, § 26-636 Detached private garage or carport FARMERS MARKETS SEE § 26-635 Household pets, limited to no more than Plus their unweaned offspring 3 dogs and 4 cats Parking of equipment, implements, machinery and/or large trucks, trailers and semi-tractor trailers, when used in support of agricultural and public maintenance operations Private storage sheds, barns, animal shelters or outbuildings Private swimming pools and tennis See § 26-603 for related requirements courts Public utility lines and poles, irrigation channels, storm drainage and water Includes other similar facilities such as electric transmission lines and poles supply facilities Includes other similar communications Public and private communications receiving or sending devices. None may exceed 35 feet in height, whether ground or towers, television or radio antennas structurally mounted. For satellite earth receiving stations, see § 26-616 and 26-617 Rooming and/or boarding for not more than 2 persons On a contract basis for not less than 7 days URBAN GARDENS SEE §26-637 Water towers or above ground Not in excess of 35 feet reservoirs 9 Table of Uses--Commercial and Industrial Districts TABLE INSET: Uses Notes NC RC C-CI 1 2 Adult entertainment In accordance with Wheat P P P establishments Ridge Code of Laws, Chapter 3 Ambulance services P P P P Amusement parks S P P Animal veterinary hospitals With outside runs; no P P and clinics cremation Animal veterinary hospitals Where there are no outside S P P P P or clinics pens or runs for dogs; no cremation In NC & RC Districts: Provided S P P P P Antique stores that no more than 200 square feet of building area shall be allocated to repair Apparel and accessory See Footnote 1 S P P P P stores Appliance stores and P P P incidental service and repair Art galleries or studios See Footnote 1 P P P P P Assembly halls and P P P convention facilities Auction houses S P P Auto service, repair and P P P maintenance shops, minor See § 26-631 Auto service, repair and S P P maintenance shops, major See § 26-631 10 Uses Notes NC RC C-C-1 2 I Automobile and light-duty See § 26-628 S S S truck sales and rental Automotive parts and P P P supplies sales Bail bonds businesses See Footnote 2. See § 26-634 P P for distance requirements. Bakeries, retail See Footnote 1 S P P P P Banks, loan and finance See § 26-633 P P P P P offices Bed and breakfast homes Subject to requirements set P P P P P forth in § 26-608. Bicycle stores See Footnote 1 S P P P P Blueprinting, photostatic EXCLUDING: Large printing, S P P P P copying and other similar publishing and/or book binding reproduction services establishments See Footnote 1 Boat, recreational vehicle S S S and trailer sales, rentals See § 26-628 and service Body art establishments S S S Book stores, stationery and See Footnote 1 S P P P P card stores Building contractor's service S P P shop and storage yard incidental to an See § 26-629 office/showroom principal use. Business machine or See Footnote 1 S P P P P computer stores Butcher shops and food EXCLUDING: Food P P P lockers processing II Uses Notes NC RC C-CI 1 2 Cabinet and woodworking S shops Camera and photographic See Footnote 1 S P P P P service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery stores Caretaker residence Only one (1) unit for caretaker P P P P or manager Carpet cleaning and S fumigating Carting, express, hauling or S storage yard Car wash, automatic S p P Car wash, coin operated S p P Caterers p p p Day care center, large p p p Day care center, small p p p Clinics and offices for the C-1, C-2 & I INCLUDE: S P P P P counseling and treatment of Residential facilities. psychological, social, NC & RC EXCLUDES: marital, developmental or Residential facilities similar conditions, excluding substance abuse ALL districts INCLUDE: clinics Counseling and treatment for alcoholism Cold storage plant p p Commercial machine S P P shops 12 Uses Notes NC RC C-CI 1 2 e.g .: YMCA's, YWCA's, P P P P P Community buildings churches, libraries, parks, museums, aquariums and art galleries. Construction and heavy P P equipment sales, service, See § 26-629 rental and storage Contractor's plant or S storage yard Dairy products stores See Footnote 1 S P P P P Day care center and P P P preschools, large Day care center and P P P preschools, small Department or variety P P P stores Drug stores p p p Eating establishments, S S S S S drive through Eating establishments, sit S P P P P down Electric transmission and S S S S S public utility substations Electrical motors and S armature regrinding shops Electrical supplies and EXCLUDING: Contractors P P P service storage yards Equipment rental Subject to § 26-628; in RC P P P P agencies District: Outside storage and display prohibited Exterminators p p p p 13 Uses Notes NC RC C-CI 1 2 Farm equipment sales, See § 26-628 P P service and storage SUBMITTAL TO P P P P P COMMUNITY FARMERS' MARKETS DEVELOPMENT DEPARTMENT REQUIRED. SEE § 26-635 Floral shops See Footnote 1 S P P P P Furniture stores P P P Garden supply stores See Footnote 1 S P P P P Gift, novelty or souvenir See Footnote 1 S P P P P stores INCLUDES: Private clubs, P P P restaurants and lounges, driving ranges, and those uses Golf courses commonly accepted as accessory thereto when located on the same premises Governmental and quasi-P P P P P governmental buildings and No outside storage offices, fire stations or public utility buildings Governmental and quasi-S S S P P governmental buildings and offices, fire stations or Outside Storage public utility buildings Greenhouses and S S P P P landscape nurseries, retail See § 26-624 Greenhouses and S P P landscape nurseries, See § 26-624 wholesale Grocery or convenience See Footnote 1 P P P P P 14 Uses Notes NC RC C-CI 1 2 stores, no gas pumps Grocery stores which may S S S P P include no more than 1 gasoline service island with See Footnote 1 no more than 2 dispensing pumps Hair, nail and cosmetic P P P P P services Hardware stores See Footnote 1 S P P P P Hobby and craft stores See Footnote 1 S P P P P Home furnishing stores P P P Home improvements P P P supply stores Hotels or motels for There shall be 1,000 square S S S transient occupancy. feet of gross lot area for each unit Ice plants P P Indoor amusement and e.g.: Roller rinks, bowling P P P recreational enterprises alleys, arcades and similar uses Indoor flea markets PROHIBITED: Outdoor flea P P P markets Interior decorating shops S P P P P Itinerant sales See § 26-630 S S S Jewelry stores See Footnote 1 S P P P P Kennels S Laundry and dry cleaning S S P P P 15 Uses Notes NC RC C-CI 1 2 shops Laundry and dry cleaning P P P P P pick up stations Leather goods and luggage P P P stores Linen supply P P P Liquor stores P P P Locksmith shops P P P P P Unenclosed storage of any P P P Lumber yards and building materials shall be screened supply stores from view from adjacent properties and streets PROVIDED: An antidote S exists and is readily available for such vaccine, serums or Manufacture of vaccines, toxins; and approval of such serums and toxins manufacture is received from the state department of health and the county health department Manufacturing, processing, See § 26-505; § 26-631 and § P P assembly, or light industrial 26-123, definitions operations Manufacturing, fabrication S and/or processing of concrete products See Chapter 11, Article 10 P P P P P Massage therapist Code of Laws for additional restrictions See Chapter 11, Article 10 P P P P P Massage therapy center Code of Laws for additional restriction Meat, poultry or seafood See Footnote 1 S P P P P 16 Uses Notes NC RC C-CI 1 2 stores Medical and dental offices, P P P P P clinics or laboratories, Pharmacies and optical stores excluding substance abuse are accessory use clinics Mini-warehouses for inside P P storage Mobile or modular homes See § 26-628 S S or building sales Mortuaries and S S S crematories Motor fueling stations S P P Motorcycle sales and See § 26-628 P P P service Music stores See Footnote 1 S P P P P Newsstands For the sale of newspapers, P P P P P magazines, etc. Office supply stores See Footnote 1 S P P P P Offices: General P P P P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement S P P facilities Paint and wallpaper stores See Footnote 1 P P P P Parking of automobiles of P P P P P clients, patients or patrons Subject to § 26-501 C.4 of adjacent commercial or nonresidential uses Parking of not more than 3 See § 26-619; § 26-123, S S S 17 Uses Notes NC RC C-C-1 2 I commercial truck-tractors definitions and/or semi-trailers When in conformance with the parking design standards set forth in § 26-501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawn shops S Pet stores See Footnote 1 S P P P P Pharmacies S P P P P Picture framing shops See Footnote 1 S P P P P Plumbing and heating EXCLUDING: Outdoor storage P P P supply stores and shops yards Printing, engraving and S other related production processes Private clubs, social clubs, P P P bingo parlors and similar uses PRODUCE STANDS SEE § 26-636 P P P P P Psychic advisors and S S S P similar uses Research laboratories, P P offices and other facilities for research Residential group and P P P P P nursing homes and congregate care facilities for 8 or fewer elderly 18 Uses Notes NC RC C-C-1 2 1 persons Residential group and S S S nursing homes and congregate care facilities for 9 or more elderly persons Residential group home for S S S children Such residential uses may be P P P P P Residential uses in extended, enlarged, and/or existence on 3/11/97 reconstructed so long as no additional dwelling units are created Residential uses in See § 26-626 P P P P P commercial zones Rooming and S S P P P boardinghouses RV, boat, trailer and travel See § 26-628 P P trailer storage Sales, repair, rental and P P servicing of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district Schools for industrial or S S business training, including Conducted entirely within an vocational trade or enclosed building professional schools INCLUDES: Those uses S S S P P Schools: public; private commonly accepted as colleges and universities necessary thereto when located on the same premises Shoe repair shops p P P P P Shoe stores See Footnote 1 S P P P P 19 Uses Notes NC RC C-CI 1 2 Shops for custom work or P P for making articles, materials or commodities to See § 26-631; § 26-632 be sold at retail on the premises In accordance with Wheat P P P Social club Ridge Code of Laws, Chapter 11, Article XI Sporting goods stores See Footnote 1 S P P P P Stone cutting or polishing P P works Studio for professional work P P P P P or teaching of fine arts, photography, music, drama or dance Substance abuse clinics S S P Tailor, dressmaking or P P P P P clothing alteration shops Taverns, night clubs, P P P lounges, private clubs and bars Television, radio, small S P P P P appliance repair and See Footnote 1 service shops Temporary Christmas tree, P P P P produce and bedding plant See § 26-627 sales lots Theatres, indoor p p P Tobacco stores See Footnote 1 S P P P P Toy stores See Footnote 1 S P P P P 20 Uses Notes NC RC C-C-1 2 Transit station, public or S S private Submittal to community P P P P Urban gardens development department required. See § 26-637 Upholstery shops P P Video rentals See Footnote 1 S P P P Warehousing and outside See § 26-631 P storage Maximum 75% total area as S P Warehouse/office warehouse; minimum 25% as total area as office Watch and jewelry repair P P P P shops Woodworking or carpentry S P shops for the making of articles for sale upon the See § 26-632 premises, such as cabinets or custom furniture Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. I S P P P P P P P 2 In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code section 26-634. TABLE INSET: Commercial and Industrial District Accessory Notes Uses Accessory buildings and structures See § 26-625 Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Farmers' markets See § 26-635 21 Food services PRODUCE STANDS Residential uses in commercial zones Outside storage or display URBAN GARDENS Key: P = Permitted Principal Uses S = Special Uses Primarily for the occupants of a building containing a permitted use when located within the same building SEE § 26-636 See § 26-626 See § 26-631 SEE § 26-637 Section 4: Section 26-502 of the Code is amended to read: Sec. 26-502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, VEGETABLE PLANTS, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. Section 5: Section 26-613 of the Code is amended to read: Sec. 26-613. Home occupations. A. Home occupation. Home occupations are permitted as accessory uses to any conforming (as to use) residential dwelling; provided, however, that the following requirements are met: 1. Such use shall be conducted entirely within a dwelling or accessory structure except for sales of plants,-and produce, OR OTHER AGRICULTURAL PRODUCTS grown, RAISED, OR PRODUCED on the premises and carried on only by the inhabitants living there, with the exception that should the operator be substantially, physically handicapped a nonresident may be employed to assist the operator in his work to the extent he requires it to make up for his physical handicap. 2. Not more than one (1) employee may live off-premises. 22 3. Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. 4. The total area used for said purposes shall not exceed twenty-five (25) percent of the gross floor area of the user's dwelling unit. 5. No sign aEh'ertising the home oGGupation shall be permitteE!. EACH HOME OCCUPATION IS PERMITTED TO HAVE ONE NON-IllUMINATED SIGN UP TO 2 SQUARE FEET IN SIZE. THE SIGN MAY BE FREESTANDING OR WAll-MOUNTED. SEE SECTION 26-709. 11. Home occupations are limited to the following business or commercial activities: a. Craft work, such as the making of pottery, jewelry or dolls, flower arranging, smithing and woodworking. b. Garment work, such as tailoring, dressmaking, millinery work, ironing and garment repair. c. Office uses, such as office uses for door-to-door, home party and telephone solicitation sales, investment counseling, typing, notary public, travel services, surveyors, physicians, dentists, lawyers, accountants, architects, engineers and other similar services. d. Repair services for electronics, small appliances, and mechanical devices, bicycles and upholstery. e. Tutoring, music lessons, dance lessons, gymnastics lessons, swim lessons and tennis lessons. f. Artistic endeavors, such as art studios, portrait studios, photography studios, writing and lithography. g. Garage sales, not to exceed four (4) three-day periods, which need not be consecutive, per calendar year. h. Hair care services carried on by only one (1) inhabitant of the dwelling. No other employee shall be permitted. i. Small day care home. j. Sales directly related but merely ancillary to the primary home occupation, such as: (1) Sale of hair care products by a beautician or barber. (2) Sale of accompaniment items, such as neckties, bows, ribbons or belts for a tailor or dressmaker. (3) Sale of component parts or accessories used in repair services for electronics, small appliances, bicycles, etc. (4) Supplies related to a class, course of instruction, or lessons conducted on the site. (5) Sale of artistic or craft works which were created on the site, such as pottery, jewelry, dolls, portraits, paintings, sculptures, etc. (6) Sale of plants anE! pFoE!UGe gFown on the pFemises AGRICULTURAL PRODUCTS GROWN, RAISED OR PRODUCED ON THE PREMISES. AGRICULTURAL PRODUCTS INCLUDE RAW 23 VEGETABLES, FRUITS, HERBS, FLOWERS, PLANTS, NUTS, HONEY AND EGGS. VALUE-ADDED AGRICULTURAL PRODUCTS, WHICH ARE MADE FROM RAW AGRICULTURAL PRODUCTS GROWN, RAISED, OR PRODUCED ON SITE, SUCH AS JAMS, JELLIES, OILS, VINEGARS, AND CHEESES, MAY ALSO BE SOLD. THE SALE OF AGRICULTURAL PRODUCTS AND VALUE-ADDED AGRICULTURAL PRODUCTS MAY BE CONDUCTED OUTDOORS AS A PRODUCE STAND USE. Section 6: Sections 26-635. 26-636, and 26-637 are hereby added to Article VI. Supplementary Regulations: SECTION 26-635 FARMERS' MARKETS. FARMERS' MARKET USES, AS DEFINED IN SECTION 26-123 AND WHERE ALLOWED PER SECTION 26-204, SHALL COMPLY WITH THE FOLLOWING REGULATIONS. A. TEMPORARY CANOPIES: TEMPORARY CANOPIES MAY BE ALLOWED IN ORDER TO PROVIDE PROTECTION FROM THE ELEMENTS FOR BOTH THE OPERATORS AND PRODUCTS. B. SIGNAGE: A FARMERS' MARKET IS PERMITTED TO HAVE ONE TEMPORARY SIGN OR BANNER, WHICH IS NON-ILLUMINATED AND NO GREATER THAN 50 SQUARE FEET IN SIZE. SUCH SIGN OR BANNER MUST BE LOCATED ON THE PREMISES AND MAY ONLY BE DISPLAYED WHEN THE MARKET IS IN OPERATION. C. HOURS OF OPERATION: IN RESIDENTIAL ZONE DISTRICTS, HOURS OF OPERATION FOR FARMERS' MARKETS SHALL BE RESTRICTED FROM 7 A.M. TO SUNSET. D. SUBMITTAL TO COMMUNITY DEVELOPMENT DEPARTMENT: A SUBMITTAL WITH OPERATIONAL INFORMATION INCLUDING HOURS AND DAYS OF OPERATION, A PARKING PLAN, AND WRITTEN APPROVAL FROM THE OWNER OF THE PROPERTY WHERE THE FARMERS' MARKET WILL OCCUR, IS REQUIRED FOR REVIEW AND APPROVAL BY THE COMMUNITY DEVELOPMENT DEPARTMENT. SUCH SUBMITTAL MAY BE SUBMITTED AND REVIEWED THROUGH THE BUSINESS LICENSE APPLICATION PROCESS, AS REQUIRED PER CHAPTER 11, ARTICLE 2 OF THE CODE OF LAWS. SECTION 26-636 PRODUCE STANDS. PRODUCE STANDS, AS DEFINED IN SECTION 26-123 AND WHERE ALLOWED PER SECTION 26-204, SHALL COMPLY WITH THE FOLLOWING REGULATIONS. A. LOCATION: PRODUCE STANDS MUST BE LOCATED ON PRIVATE PROPERTY. 24 B. PRODUCTS SOLD: AGRICULTURAL PRODUCTS SUCH AS RAW VEGETABLES, FRUITS, HERBS, FLOWERS, PLANTS, NUTS, HONEY AND EGGS ARE SOLD. VALUE-ADDED AGRICULTURAL PRODUCTS, WHICH ARE MADE FROM RAW AGRICULTURAL PRODUCTS GROWN, RAISED, OR PRODUCED ON-SITE, SUCH AS JAMS, JELLIES, OILS, VINEGARS, AND CHEESES, MAY ALSO BE SOLD AT PRODUCE STANDS. PRODUCTS SOLD AT PRODUCE STANDS MUST HAVE BEEN PRIMARILY GROWN, RAISED, OR PRODUCED ON THE SAME PROPERTY WHERE THE STAND IS LOCATED. C. SEASONAL OPERATIONS: PRODUCE STANDS MAY OPERATE FOR UP TO 6 MONTHS OF THE YEAR. WHEN THE PRODUCE STAND IS NOT IN USE,IT MUST BE REMOVED AND STORED INDOORS. D. HOURS OF OPERA TION: IN RESIDENTIAL ZONE DISTRICTS, HOURS OF OPERATION SHALL BE RESTRICTED FROM 7 A.M. TO SUNSET. E. HOME OCCUPATION REQUIREMENT: WHERE A PRODUCE STAND IS LOCATED ON A PROPERTY WITH A RESIDENTIAL DWELLING UNIT, IT SHALL QUALIFY AS A HOME OCCUPATION AND MUST COMPLY WITH THE REGULATIONS IN SECTION 26-613. F. SIGNAGE: PRODUCE STANDS OPERATING AS HOME OCCUPATIONS SHALL BE ALLOTTED ALLOTTED ONE NON-ILLUMINATED SIGN UP TO 2 SQUARE FEET IN SIZE, AS DEFINED IN SECTION 26-709. ALL OTHER PRODUCE STANDS ARE PERMITTED TO HAVE ONE NON-ILLUMINATED SIGN UP TO 6 SQUARE FEET IN SIZE WITH A MAXIMUM HEIGHT OF 5 FEET. THE SIGN MAY NOT BE DISPLAYED WHEN THE STAND IS NOT IN OPERATION. G. PARKING: TEMPORARY ON-STREET PARKING IS REQUIRED IF THERE IS NOT ADEQUATE ON-STREET PARKING ON ADJACENT STREETS. SECTION 26-637 URBAN GARDENS. URBAN GARDENS, AS DEFINED IN SECTION 26-123 AND WHERE ALLOWED PER SECTION 26-204, SHALL COMPLY WITH THE FOLLOWING REGULATIONS. A. SIGNAGE: EACH URBAN GARDEN IS PERMITTED ONE NON-ILLUMINATED SIGN UP TO 6 SQUARE FEET IN SIZE, WITH A MAXIMUM HEIGHT OF 5 FEET. B. LANDSCAPE BUFFER: WHERE URBAN GARDENS DIRECTLY ABUT A RESIDENTIALLY OR AGRICULTURALLY ZONED LOT WITH A RESIDENTIAL USE, THERE SHALL BE A MINIMUM 5-FOOT LANDSCAPED BUFFER BETWEEN THE GARDEN OR FARM AREA AND THE PROPERTY LINE. 25 C. PARKING: ON-SITE PARKING MAY BE REQUIRED IF THERE IS NOT ADEQUATE ON-STREET PARKING ON ADJACENT STREETS. A PARKING PLAN SHALL BE INCLUDED IN THE SUBMITTAL TO THE COMMUNITY DEVELOPMENT DEPARTMENT, AS REQUIRED IN G. BELOW. WHERE ONSITE PARKING IS PROVIDED, THE AREAS USED FOR PARKING AND ACCESS TO PARKING SHALL BE SURFACED WITH DURABLE AND DUSTLESS MATERIALS INCLUDING CONCRETE, ASPHALT, COMPACTED CRUSHED STONE, COMPACTED GRAVEL, RECYCLED ASPHALT, OPEN AND CLOSED PAVERS OR SIMILAR MATERIALS. THE PARKING AREA SHALL BE BUILT SO THAT MATERIALS USED IN THE PARKING SURFACE STAY CONTAINED WITHIN THE PARKING PAD, THROUGH THE USE OF CURBS, RAILROAD TIES, ETC. D. PERMITTED STRUCTURES: PRIMARY AND ACCESSORY STRUCTURES ARE ALLOWED. ACCESSORY STRUCTURES SUCH AS SHEDS AND GREENHOUSES ARE PERMITTED WHETHER OR NOT THE LOT CONTAINS A PRIMARY OR MAIN STRUCTURE. ALL STRUCTURES SHALL COMPLY WITH THE REGULATIONS FOR PRIMARY AND ACCESSORY STRUCTURES, INCLUDING MAXIMUM SIZE, HEIGHT, AND SETBACKS, FOR THE PROPERTY'S ZONE DISTRICT. DISTRICT. E. HOURS OF OPERA TlON: IN RESIDENTIAL ZONE DISTRICTS, URBAN GARDENS ARE PERMITTED TO OPERATE FROM 7A.M. TO SUNSET AND ANY EXTERIOR LIGHTING MUST BE SHUT OFF AT SUNDOWN. EXTERIOR LIGHTING IN ALL ZONE DISTRICTS SHALL COMPLY WITH THE EXTERIOR LIGHTING STANDARDS IN SECTION 26-503. F. SUBMITTAL TO COMMUNITY DEVELOPMENT DEPARTMENT: A SUBMITTAL WITH A SITE PLAN (INCLUDING ANY EXTERIOR LIGHTING AND MECHANICAL EQUIPMENT/UTILITIES), MANAGEMENT PLAN, AND OPERATIONAL INFORMATION INCLUDING HOURS AND DAYS OF OPERATION AND A PARKING PLAN IS REQUIRED FOR REVIEW AND APPROVAL BY THE COMMUNITY DEVELOPMENT DEPARTMENT PRIOR TO OPERATION. Section 7: The Table of Uses in Section 26-1111 of the Code are amended to read: Permitted Uses Use Group MU-C MU-C MU-CTOD MU-N Interstate Residential Assisted living facility P P P P Dwelling, single detached NP NP NP P Dwelling, single attached P P P P Dwelling, duplex P NP NP P 26 Permitted Uses Use Group MU-C MU-C MU-CTOD MU-N Interstate Dwelling, multiple P P P P Dwelling, live/work P P P P Foster care home NP NP NP P Residential group home P P P P Public, Civic, and Institutional Community buildings and cultural facilities, including libraries, P P P P museums, and art galleries Hospital C C C NP Parks, open space, playgrounds, P and plazas P P P Place of worship P P P P Public uses and buildings P P P P Recreation facilities, indoor and P outdoor P P P Schools, public and private; colleges, universities, and trade P P P P schools Utilities, major NP NP NP NP Utilities, minor P P P P URBAN GARDENS (SUBMITTAL REQUIRED TO COMMUNITY P P P P DEVELOPMENT DEPARTMENT. SEE §26-637) Transit stations, public or private C C C C Commercial Services and Retail Adult entertainment NP NP NP NP Animal daycare, indoor with no P P P P outdoor runs or pens Bail bonds (per §26-634) C C NP NP Banks and financial institutions, P no drive-through or drive-up P P P Banks and financial institutions, C P C C C with drive-through or drive-up Bars, taverns, and night clubs P P P P Bed and breakfast P P P P Car washes NP C NP NP Day care center, child and adult P P P P Drive-up or drive-through uses C P C C (per§26-1106.E) Eating establishment, sit down P P P P 27 Permitted Uses Use Group MU-C MU-C MU-CTOD MU-N Interstate Eating establishment, drive-C P C C through or drive-up Fast food eating establishment, C P C C drive-through or drive-up Motor fueling stations C C NP C Motor vehicles sales, outdoor NP NP NP NP display Motor vehicle sales, indoor display P P C C Outdoor storage NP NP NP NP Pawn brokers NP NP NP NP Personal services P P P P Photocopying and printing P P P P PRODUCE STANDS (SEE §26-636 AND §26-613 FOR HOME P P P P OCCUPATIONS) Recreation facilities, commercial P P P P Repair, rental and servicing of C P C C automobiles, no outdoor storage Retail sales -up to 20,000 gsf for one tenant space P P P P Retail sales -up to 60,000 gsf for P P C C one tenant space Retail sales -over 60,000 gsf for C C NP NP one tenant space URBAN GARDENS (SUBMITTAL REQUIRED TO COMMUNITY P P P P DEVELOPMENT DEPARTMENT. SEE §26-637) Veterinary clinics and hospitals, P P P P no outdoor runs or pens Hospitality and Entertainment Art studios and galleries P P P P Hotels, motels, motels, and extended stay P P P P lodging Studios, including art, music, dance, television and radio P P P P broadcasting stations Theaters P P P P Office and Industrial Medical and dental clinics P P P P 28 Permitted Uses Use Group MU-C MU-C MU-C TOD MU-N Interstate Offices P P P P Office-warehouse, no outdoor C C C NP storage Outdoor storage NP NP NP NP Restricted light industrial C C C NP Wholesale C C C C Ancillary Uses Parking facilities P P P P Temporary Uses Special events, including festivals and farmers markets. FOR P P P P FARMERS' MARKETS, SEE § 26-635 Key: P = Permitted .. C = Conditional Use (see § 26-11 17) NP = Not Permitted Section 8: Table 1 in Section 26-709 of the Code is amended to include the following sign types: TABLE INSET: TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R-1 , R-1A, R-1B, R-1C, R-2, R-2A, R-3, R-3A, A-1 , A-2, PF) MAXIMUM MAXIMU MINIMU OTHER TYPE OF ALLOWE PERMIT SIZE AND M M REQUIREMENT SIGN D REQUIRED HEIGHT PER NUMBER SETBAC SIGN K S 13. Miscellaneous MAY NOT BE ILLUMINATED. Q. MAY ONLY BE NO LARGER 1 PER ON DISPLAY FARMER YES THAN 50 FARMER WHEN THE S' NO SQUARE S' NONE MARKET IS IN MARKET FEET. MARKET OPERATION. SIGN SEE § 26-635 NO FOR WHERE MAY NOT BE R. TEMPORARY PRODUCE ILLUMINATED. PRODUC YES FREESTANDI STANDISA 1 PER 5 FEET MAY ONLY BE ESTAND NGSIGNS. HOME STAND ON DISPLAY SIGN YES FOR OCCUPATION, DURING PERMANENT THE SIGN MONTHS 29 TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R-1 , R-1A, R-1B, R-1C, R-2, R-2A, R-3, R-3A, A-1, A-2, PF) MAXIMUM MAXIMU MINIMU TYPE OF ALLOWE PERMIT SIZE AND M M OTHER REQUIREMENT SIGN D REQUIRED HEIGHT PER NUMBER SETBAC SIGN K S WALL SIGNS. MUST MEET WHEN THE REQUIREMEN PRODUCE TSFORHOME STAND IS OCCUPATION OPERATIONAL SIGNS IN F. . SEE § 26-636 ALL OTHER PRODUCE STANDS MAY HAVE ONE SIGNUPT06 SQUARE FEET IN SIZE AND UP TO 5 FEET IN HEIGHT. MAXIMUM S. SIZE OF 6 URBAN SQUARE FEET MAY NOT BE GARDEN YES YES AND 1 5 FEET ILLUMINATED. SIGN MAXIMUM SEE § 26-637 HEIGHT OF 5 FEET Section 9: Table 1 in Section 26-710 of the Code is amended to include the following sign types: TABLE INSET: TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C-1 , C-2, I) MAXIMU M SIZE MAXIMUM TYPE OF MINIMUM OTHER ALLOWED PERMIT AND SETBACK REQUIREMENTS SIGN REQUIRED HEIGHT NUMBER PER SIGN 13. Miscellaneous MAY NOT BE NO ILLUMINATED. Q. MAY ONLY BE FARMERS YES LARGER 1 PER ON DISPLAY 'MARKET NO THAN 50 FARMERS NONE WHEN THE SIGN SQUARE ' MARKET MARKET IS IN FEET. OPERATION. SEE§ 26-635 30 TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C-1 , C-2, I) MAXIMU M SIZE MAXIMUM MINIMUM OTHER TYPE OF ALLOWED PERMIT AND SETBACK REQUIREMENTS SIGN REQUIRED HEIGHT NUMBER PER SIGN MAXIMU MAY NOT BE MSIZE ILLUMINATED. NO FOR OF6 MAY ONLY BE R. TEMPORARY SQUARE ON DISPLAY PRODUCE FREESTANDIN FEET 1 PER DURING STAND YES GSIGNS. YES AND STAND 5 FEET MONTHS WHEN SIGN FOR MAXIMU THE PRODUCE PERMANENT M STAND IS WALL SIGNS. HEIGHT OPERATIONAL. OF5 SEE § 26-636 FEET. MAXIMU M SIZE OF6 SQUARE S.URBAN FEET MAY NOT BE GARDEN YES YES AND 1 5 FEET ILLUMINATED. SIGN MAXIMU SEE § 26-637 M HEIGHT OF5 FEET Section 10: 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 11: 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 12: 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 9th day of May, 2011, ordered published with Public Hearing and consideration of 31 final passage set for Monday, May 23rd, 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 _th 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: Second Publication: ---:--c,------------Wheat Ridge Transcript Effective Date: ____________ _ 32 April 29, 2011 City Council City of Wheat Ridge 7500 W 29th Avenue 1st floor Wheat Ridge, CO 80033 Dear Wheat Ridge City Council: ,'~ ',~ Li-ve-WelI LiveWell Wheat Ridge is a community movement funded by LiveWell Colorado working to reduce and prevent obesity for better health outcomes. Emerging best practices show that we positively impact food consumption choices by increasing access to healthy foods. To this end, LiveWell Wheat Ridge is involved in a myriad of approaches to increase nutritional food consumption in our community and to grow our markets in Wheat Ridge. In the fall of 2010, LiveWell Wheat Ridge partnered with the Wheat Ridge Access to Fresh Fruit and Vegetables Task Force, Jefferson Conservation District and CREA Results to administer the Wheat Ridge Healthy Food Assessment. Modeled after similar healthy food assessments in the country, this assessment surveyed over 200 respondents on questions related to access and barriers to growing, purchasing and consuming fresh fruit and vegetables. Using an online and paper survey in English and Spanish, and by partnering with older adults and bilingual and bicultural outreach workers, we over-sampled diverse socioeconomic segments of our community. In this report, we captured important information about ways to reduce barriers to accessing fresh fruit and vegetables, increase growing opportunities, expand local markets, and integrate local produce into our food systems. Because we need to use a multifaceted systems approach to solving healthy food access issues and grow our markets, we hope this report provides valuable information to the City Council, as well as all sectors of our community, to support informed policy making, innovate our programming and provide opportunities for economic growth in Wheat Ridge. Sincerely, Molly Hanson LiveWell Wheat Ridge Coordinator Attachment 2 LiveWell Wheat Ridge SUPPORT FOR HEALTHY EATING IN WHEAT RIDGE LiveWell Wheat Ridge (LWWR), a community initiative funded by LiveWell Colorado, advocates healthy eating and active living (HEAL) policies and infrastructure improvements in Wheat Ridge. LWWR is working with city policymakers, staff and residents to incorporate plans for increasing access to healthy foods, particularly for lower income and Latino residents of Wheat Ridge. In partnership with the Jefferson Conservation District and CREA Results, a communitybased outreach organization, LWWR conducted a community needs assessment in the fall of 2010 of access to fresh fruits and vegetables and locally grown foods. A 25-item survey in English and Spanish was administered online and in hardcopy to Wheat Ridge residents and nonresidents to gather information on consumption patterns, attitudes and barriers to accessing fresh foods. Over two hundred respondents completed the survey. For the purposes of this report, we have confined our analysis to the 135 Wheat Ridge residents who completed the survey. WHAT RESIDENTS REPORT Shopping The vast majority (over 90%) of respondents report going to grocery stores to get their fresh fruits and vegetables regardless of the time of year and most use their own cars to get there. Almost half (47%) of the respondents get their produce at farmers' markets, fruit and vegetable stands or gardens during the summer. A far greater percentage of Whites (69%) go to these locations compared to Latinos (20%). Demographic Profile of Survey Respondents What to Eat $15,000-$29,000 $30,000-$49,000 $50,000-$99,000 ~$lOO, OOO Chose not to A majority (72%) of respondents report freshness as an important aspect of deciding which fruits and vegetables to eat, followed by 62% who report cost as important, 47% who report healthiness as important and 43% who report taste as important. HY FOODS AND FUTURE THE CITY OF WHEAT Farmers' Markets Almost half (46%) ofthe respondents go to the Wheat Ridge Farmers' Market. Most (over 70%) buy fruits and vegetables. A quarter buy other food items, a quarter don't buy anything and 5% buy flowers or plants. Sixty-nine percent of Latinos, 45% of males and 32% of lower income respondents who go to the Wheat Ridge Farmers' Market do not buy anything compared to only 9% of Whites who do not buy anything. Twenty-six percent of the respondents (35 people) report going outside of Wheat Ridge to another farmers' market. Reasons include: more convenient locations, better days of the week, more convenient hours or better produce selection at the other markets. A very small percentage (3%) report that they go to another market because the produce at the market is grown locally in that jurisdiction. This fact sheet was designed and created by Center for Research Strategies www.craUc.orc Fifty-four percent of respondents, or 73 people, do not go to the Wheat Ridge Ridge Famers' Mar· keto Why Don't People Go to the Farmers' Market? (73 Respondents) Other reasons for not going to the Wheat Ridge Farmers' Market reported by only a few respondents include: prefer going to grocery store, only eat organic, grow my own, not interested, don't think about it, hard to walk around or find parking, forget because market open only one day a week, part of Community Supported Agriculture. ~ Reasons for Visiting Farmers' Mari<ets Outside of Wheat Ridge i~ o I~ t • -f~ ~~~~~~==~~~ l Why do you patron a farmers' mari<el outside of Wheal Ridge? _ location _ Day of the Mari<et _ Hours _ Better ProWoo Selectio _ Produce Grown in that Jurisdiction l Pn~'1 Gardening at Home Just over half of respondents (52%) garden at home. Seventy percent grow vegetables, 54% grow flowers, 49% grow spices and herbs and 37% grow fruit. Forty-eight percent, or 65 people, do not grow at home. The most common reasons for not growing at home are shown in the graph below. Additional reasons noted by a few respondents include: living in an apartment, no desire, having moved or contending with squirrels. Of the 30 respondents who report not having enough space to garden, only 5 are interested in renting space at the Wheat Ridge community garden called the Happiness Garden. Why Don't People Grow at Home? (65 Respondents) Do," t have Don' t have Don'llike to Not a lowed Can'ta(ford soace time g~ rd cn to plant Locally Grown Foods Wheat Ridge residents are interested in having access to locally grown foods. Respondents report that they think it is important for markets to carry locally grown foods, that they would be more likely to go to a restaurant if it served locally grown food, that they would be interested in buying produce from a local farmer and that they would consider joining a local food co-op grocery store that sells local produce. Thirty-one percent report they want more information about buying from a local farmer. Twenty-four percent want more information about food co-ops. to plant ----.,' Locally Grown Foods ~ .. 100% .,----------------, c .. ~> c OIl ..8.. .-.E. 50% ~ II: .. '0 c "$.<1: 0% I ~ • Important for Wheat Ridge food markets to carry locally grown produce • More likely to go to a Wheat Ridge restaurant using locally grown food • Willing to pay more for locally grown foods • Interested in buying produce from a local farmer and having it delivered to their homes • Want to be part of a food co-op grocery store to access more locally grown products Getting Involved Wheat Ridge residents want to get involved and they want more information. Almost half (46%) of the respondents report they are interested in coming to a community event that raises awareness of the importance oflocally grown produce. A quarter (25%) report they would like to join the Fresh Fruits and Vegetables Task Force. Only 3 respondents report they had ever called the City of Wheat Ridge about growing or selling fruits and vegetables, farming, composting or other gardening questions. I Respondents also report they would like more i~ formation about urban agriculture. J Desire for Additional Information Would you like additlonallnformation regarding any 01 the 1ollowlnglopic8? _ Food Cooperative Grocery Stores _ Community Supported Agriculture Message to Policymakers _ Community Gardens or School Gardons Shari a Bf"d or arden with our nei hbors I Most residents buy thei.r produce at grocery stores, but almost 50% also buy at farmers' markets. Should the city encourage mor'e grocery and and produce stores to locate in Wheat Ridge? Should the city partner to create ndditional farmers' Inarltets, perhaps on (J weellend day, to encourage greatet· participation? Almost 75% of the respondent group rates freshness of produce as an important aspect of considering what fruits and vegetables to buy. Two-thll'ds are sensitive to cost. What can be done to ensure freshness of produce? How can we ensure produce is affordable? Not quite half of the respondent group patronizes the Wheat Ridge Famers' Market. When asked why they don't go, reasons include cost, inconvenient time, not having transportation and not knowing where the market is. How do we ensure produce is affor'dable at the Wheat Ridge F""mers' Marhet? How do we do a better job of """'keting the Wheat Ridge Farmers' Marhet? Half of the respondents grow gardens at home. Half do not. Individuals surveyed don't have space or time to grow at home. Additionally, those surveyed did not want to rent space at the Wheat Ridge community garden. Should the city use resources, such as city-owned land or funding, to help create new cornm,unity gardens? How do we support home gardening in Wheat Ridge? Residents want locally grown foods to be available, not only to prepare and consume at home, but to eat at local restaurants. How can mor'e locally grown produce by available in Wheat Ridge? Are there policies or incentives that the city could pl-ovide to encourage restau.,.ants to use local produce? For more information, please contact Molly Hanson, LiveWell Wheat Ridge Coordinator, at mhanson@ieffco.us. Funding for this report is provided by LiveWell Colorado J .' "_-• City of p WheatRLdge ITEMNO:~ DATE: May 9, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 18-2011 AN ORDINANCE ADOPTING AMENDMENTS TO THE 2006 INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, CONCERNING CONVEYANCE REQIDREMENTS AND CERTAIN REFERENCED STANDARDS o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL: ISSUE: [gJ ORDINANCES FOR 1ST READING (05/09/11) o ORDINANCES FOR 2ND READING (05/23/11) DYES City Manager The State of Colorado's Division of Oil and Public Safety regulates conveyances (elevators) and prescribes their minimwn safety and maintenance standards. From time to time the state modifies the group of standards to which the conveyances within local jurisdictions must adhere. The current adopted state standards are not fully included in the standards adopted by reference in the 2006 International Building Code. An amendment to Section 3001.2 of Chapter 30 of the International Building Code that cross references the current standards adopted by the Division of Oil and Public Safety is necessary to comply with the minimwn standards established by the state. This code amendment will not only assist the City in complying with current state standards, but will, by reference, adopt any future standards adopted by the Division of Oil and Public Safety, keeping the City current with state requirements. PRIOR ACTION: In May of2010 Council approved adoption of the 2006 International Building Code and the standards referenced within, including those which regulate conveyances that are included in Chapter 30. Council Action Form May 9, 2011 Page 2 FINANCIAL IMPACT: There is no known financial impact to the City or the owners of conveyances. BACKGROUND: The City has historically been involved in the regulation and inspection of conveyances within its jurisdiction through an Intergovernmental Agreement with the Denver Regional Council of Governments, which administered an inspection program and insured compliance of the City's conveyances with applicable building codes and referenced standards adopted by the City. In 2008, the State of Colorado revised its statutes to establish the state as the authority having j urisdiction over all conveyances. An option was available for jurisdictions to opt out of the state program and establish their own conveyance regulatory inspection program; however, continued compliance with the minimum standards set forth by the state is required. The City of Wheat Ridge opted out of the state inspection program and has continued using DRCOG, which is approved by the state, as our inspection agency. The state recently adopted additional safety and maintenance standards in addition to those contained within the 2006 International Building Code adopted by City Council. The City is required to adopt and comply with those standards adopted by the state. RECOMMENDATIONS: Staff recommends that Council approve Council Bill No. 18-2011 , which will ensure that the City is in compliance with current and future conveyance standards adopted and required by the state. RECOMMENDED MOTION: "I move to approve Council Bill No. 18-20 II , an ordinance approving amendments to the 2006 International Building Code, previously adopted by reference, concerning conveyance requirements and certain referenced standards, on first reading, order it published, public hearing set for Monday, May 23'd, 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 approval of Council Bill No. 18-20 II , an ordinance to amend the 2006 International International Building Code, previously adopted by reference, concerning conveyance requirements and certain referenced standards for the following reason(s) " REPORT PREPARED/REVIEWED BY: John C. Schumacher, Jr., CBO, Chief Building Official Kenneth P. Johnstone, AlCP, Community Development Director ATTACHMENTS: 1. Council Bill No. 18-2011 TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 18 Ordinance No. ::-:-:--__ Series 2011 AN ORDINANCE ADOPTING AMENDMENTS TO THE 2006 INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, CONCERNING CONVEYANCE REQUIREMENTS AND CERTAIN REFERENCED STANDARDS WHEREAS, the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") has authority to enact ordinances for the protection of public health, safety and welfare; and WHEREAS, the City of Wheat Ridge Home Rule Charter Section 5.16 provides that standard codes promulgated by any recognized trade or professional organization may be adopted by reference; and WHEREAS, exercising this authority, the Council adopted the 2006 version of the International Building Code in Section 5-76 of the Code; and WHEREAS, pursuant to Code Section 5-76(b), the version of the 2006 International Building Code was adopted with amendments to certain sections thereof; and WHEREAS, Council has learned that certain elevator and conveyance standards in the International Building Code are less stringent than is required under the Conveyance Regulations of the Colorado Department of Labor and Employment Division of Oil and Public Safety (the "OPS Regulations"); WHEREAS, City Council wishes to amend the provisions in section 5-76(b) of the Code to reflect that the most stringent elevator and conveyance standards in the OPS Regulations apply. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-76(b) of the Code is amended to further amend the 2006 version of the International Building Code at Chapter 30 to read as follows: (b) Amendments. The International Building Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2006 International Building Code. Attachment 1 1 CHAPTER 30 ELEVATORS AND CONVEYING SYSTEMS. 3001 .2 REFERENCED STANDARDS. AMEND TO READ IN ITS ENTIRETY: 3001.2 REFERENCED STANDARDS. EXCEPT AS OTHERWISE PROVIDED FOR IN THIS CODE, THE DESIGN, CONSTRUCTION, INSTALLATION, ALTERATION, REPAIR AND MAINTENANCE OF ELEVATORS AND CONVEYING SYSTEMS AND THEIR COMPONENTS SHALL CONFORM TO ASME A90.1, ASME B20.1, ALI ALCTV, AND ASCE 24 FOR CONSTRUCTION IN FLOOD HAZARD AREAS ESTABLISHED IN SECTION 1612.3 OF THIS CODE. THE DESIGN, CONSTRUCTION, INSTALLATION, ATERATION, REPAIR AND MAINTENANCE OF ELEVATORS AND CONVEYING SYSTEMS SHALL ALSO CONFORM TO ASME A17.1, ASME A17.2, ASME A17.3, ASME A18.1 AND ASME QE-1 AND ALL OTHER STANDARDS REFERENCED IN SECTION 2-6-1(1) OF THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT, DIVISION OF PUBLIC SAFETY CONVEYANCE REGULATIONS, 7 COLO. CODE REGS. § 1101-8, AS NOW AND HEREAFTER AMENDED (THE "OPS REGULATIONS"). IN THE EVENT OF A CONFLICT BETWEEN THE ELEVATOR AND CONVEYANCE STANDARDS REFERENCED IN SECTION 2-6-1(1) OF THE OPS REGULATIONS AND THOSE SPECIFIED IN THIS CODE, THE MOST RESTRICTIVE STANDARD SHALL GOVERN. Section 2. 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 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _ on this _ _ day of , 2010, 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 ,2010 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 , 2010. 2 SIGNED by the Mayor on this __ day of _____ , 2010. ATIEST: 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 3 · . , ...... ~ .. City of_ p WheatR.Ldge ITEMNO: l DATE: May 9, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 19-2011 AN ORDINANCE AMENDING SECTION 15-4 OF THE WHEAT RIDGE CODE OF LAWS TO DEFINE "LANDSCAPING" FOR NUISANCE ENFORCEMENT PURPOSES o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: ~ ORDINANCES FOR 1 ST READING (05/09/11) o ORDINANCES FOR 2ND READING (05/23/11) DYES ~ NO Whether or not to define "landscaping" in Chapter 15 (concerning nuisances) to clarify that the City's officers may pursue nuisance abatement for dead and dying trees and other specific types of deteriorated landscaping. PRIOR ACTION: Staff presented this issue to City Council during a Study Session on April 18, 2011. The consensus motion from City Council was to move forward with a revision to Code Section 15-4, Definitions. FINANCIAL IMPACT: None BACKGROUND: The City's Community Service Officers ("CSOs") are authorized to enforce, among other things, the nuisance and zoning provisions of the Wheat Ridge Code of Laws ("Code"). These officers occasionally encounter dead and dying trees and shrubs on private property that constitute nuisances and require removal or pruning. In such a case, the CSOs currently have two Code provisions under which they may proceed: (I) Code Section 15-15, which provides that Council Action Form May 9, 2011 Page 2 "damaged or dead landscaping" is a nuisance; nuisances must generally be abated upon seven days' notice from the City; and (2) Code Section 24-6, which requires property owners to remove "any dead or dying tree, shrub, etc." upon thirty days' notice from the City. Dead trees and landscaping can present such a nuisance that, in some instances, waiting thirty days to abate the condition threatens the public health, safety and welfare -for example, when a dead tree or limb blocks the view of traffic for drivers or pedestrians on or near a roadway. In these cases, it better serves the public safety and welfare to seek abatement of the conditions as a nuisance, as this can usually be accomplished more quickly than prosecuting a violation of Code Section 24-6. This ordinance defines "landscaping" for Chapter 15 purposes to specifically include trees, shrubs and other types of living and non-living landscaping. This term is currently undefmed in Chapter 15, leaving the scope of the term subject to argument. RECOMMENDATIONS: Staff recommends approval of this Ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 19-2011, an ordinance amending section 15-4 of the Wheat Ridge Code of Laws to define "landscaping" for nuisance enforcement purposes, on first reading, order it published, public hearing set for Monday, May 23, 2011 at 7 p.m. in the City Hall Council Chambers, and that it takes effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 19-20 II , an ordinance amending section 15-4 of the Wheat Ridge Code of Laws to define "landscaping" for nuisance enforcement purposes for the following reason(s) " REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: I . Council Bill No. 19-20 II 2. Memorandum dated April 18, 2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ Council Bill No. 19 Ordinance No . ...,-__ _ Series of 2011 TITLE: AN ORDINANCE AMENDING SECTION 15-4 OF THE WHEAT RIDGE CODE OF LAWS TO DEFINE "LANDSCAPING" FOR NUISANCE ENFORCEMENT PURPOSES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), acting through its City Council (the "Council"), possesses the authority to enact ordinances for the protection of the public health, safety and welfare; and WHEREAS, pursuant to this authority, the Council has previously enacted Chapter 15 of the Wheat Ridge Code of Laws (the "Code") concerning nuisances; and WHEREAS, Section 15-4 of said Chapter 15 provides definitions of certain terms for purposes of nuisance enforcement; and WHEREAS, the Council finds that the deterioration of various forms of vegetation, including trees and shrubs, upon property is capable of constituting an unsightly nuisance and a detriment or danger to surrounding properties and the public; and WHEREAS, Chapter 15 includes includes reference to "landscaping" for nuisance enforcement purposes without defining said term; and WHEREAS, the Council determines that it is necessary and desirable to define the term "landscaping" within Code Section 15-4 to clearly define the scope of vegetation that may constitute a nuisance, including but not limited to, trees and shrubs. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 15-4 of the Wheat Ridge Code of Laws, defining certain words, terms and phrases for purposes of nuisance enforcement through Chapter 15, is hereby amended as follows: Sec. 15-4. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The terms defined below shall be broadly interpreted to achieve the purposes intended. In the interpretation of the definitions of garbage, trash and junk set forth herein, it is the intent that these definitions be liberally construed to include like matters, materials, objects or substances, whether or not the same be specifically identified. It is further the intent that the definitions not be considered mutually exclusive, and that in the interpretation, it be recognized that Attachment 1 any substance or material or object may constitute trash, garbage and junk at the same time. Liberal construction is deemed necessary by the city council in order to fulfill the public purpose of this chapter, which is to ensure that the city is maintained in a clean, healthy and attractive condition by eliminating all outside storage of garbage, trash and junk, and related matters, objects or materials as set forth herein. Abate shall mean to bring into compliance, halt, eliminate or remedy. Agent means and includes any person acting on behalf of or in place of a responsible party, including tenant, manager or lessee. Embankments of lakes, reservoirs and ponds means all land fifty (50) feet from the base of the bank, dam, dike, fill or natural barriers as defined in the official maps and plats maintained by the city engineer. Garbage means waste resulting from the handling, preparation, cooking and consumption of food or wild animal carcasses, and wastes from handling, storage and sale of produce. Junk means scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc and all other scrap metals and alloys, bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, automobiles in nonoperative condition, used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. Lakes, reservoirs and ponds means places where water is collected and/or stored regardless of whether water is currently being collected and/or stored there or not. LANDSCAPING MEANS A COMBINATION OF LIVING PLANTS, SUCH AS TREES, SHRUBS, VINES, GROUNDCOVER, FLOWERS, VEGETABLE PLANTS, SOD OR GRASS; AND MAY INCLUDE NATURAL FEATURES, SUCH AS ROCK, STONE AND BARK; AND STRUCTURAL FEATURES, INCLUDING, BUT NOT LIMITED TO, FOUNTAINS, REFLECTING POOLS, ART WORK, SCREEN WALLS, FENCES AND BENCHES. UNCONTROLLED WEEDS SHALL NOT BE CONSIDERED AS LANDSCAPING; HOWEVER, MAINTAINED NATURAL GRASSES AND NATURAL FLOWERS MAY BE CONSIDERED AS LANDSCAPING. SIDEWALKS, WHETHER PAVED OR GRAVEL, WHICH SERVE AS FUNCTIONAL LINKS BETWEEN PARKING AREAS AND MAIN STRUCTURES, OR WHICH SERVE AS GENERAL PUBLIC ACCESS ROUTES AROUND A MAIN STRUCTURE, OR BETWEEN A MAIN STRUCTURE AND A PUBLIC STREET OR ALLEY, IS NOT LANDSCAPING. OTHER SIDEWALKS OR PATHS WHICH SERVE AS CASUAL ACCESS TO OR THROUGH LANDSCAPE AREAS MAY BE CONSIDERED NONLIVING LANDSCAPE FEATURES. 2 Litter means and includes any and every rubbish, waste material, refuse, garbage, trash, debris, excrement, urine, offal composed of animal matter or vegetable matter or both, or any noxious or offensive matter whatever, including but not limited to, any discarded dead animal, fishing line, bait, chemical, chemical compound, petroleum product or compound, automobile part or accessory, tire, wheel, junk, paper, cardboard, can, lid, bottle, cap, carton, wrapper, box, wooden object, plastic object, clothing, cloth, metal object, rubber object, leather object, hide, feathers, grass clippings, leaves, cut weeds, branches cut from trees or bushes, brick, cinderblock, building material, paint, concrete, soil, sand, gravel, stone, glass, asphalt, ashes, cigarette, cigar, food or food product, solvent, dye, beverage, and liquid except water. Nonoperative condition, when applied to a motor vehicle, means that, in the reasonable opinion of an code officer, the motor vehicle is either legally or mechanically incapable of operating. Indicia of such conditions include anyone or more of, but are not restricted to: (1) No current license plates; (2) No current motor vehicle registration; (3) Flat tire or tires; (4) Missing body parts; (5) Missing engine, transmission, running gear or wheels; (6) Missing windows; (7) Missing or inoperable lights; (8) Engine will not start or run; (9) Transmission will not engage; (10) Otherwise not legally or mechanically capable of running. Occupant means and includes any person who occupies the whole or a part of a building, premises, or land, whether alone or with others, whether for residential or commercial purposes. "Occupant" means and includes the terms "tenant and "lessee." Owner means and includes: (1) Any owner or holder of any legal or equitable estate in real property, including a dominant or servient tenement, except a future or reversionary interest and except the interest of a public trustee, lienholder, mortgagee, or beneficiary of a deed of trust. (2) The owner of record, as reflected by the records of the office of the county assessor. Person includes a natural person, association, corporation, partnership, limited liability company and any other legal entity capable of owning, using, or occupying real property. Nuisance includes, but is not limited to: 3 (1) The conducting or maintaining of any business, occupation or activity prohibited by statute or by this chapter, or in violation of any regulation of the city, the county, or the state. (2) The continuous or repeated conducting or maintaining of any business, occupation, operation, activity, building, land or premises in violation of any statute or this chapter, or in violation of any regulation of the city, the county, or the state. (3) Any building, structure or land open to or used by the general public, the condition of which presents a substantial danger or hazard to public health or safety. (4) Any unlawful pollution or contamination of any surface or subsurface waters in this city, or of the air, or of any water intended for human consumption. (5) Any activity, operation or condition which, after being ordered abated, corrected or discontinued by a lawful order of an agency or officer of the city or the county, continues to be conducted or continues to exist in violation of any statute or this chapter or in violation of any regulation of the city, the county, or the state. (6) Any activity, operation, condition, building, structure, place, premises or thing which is injurious to the health or safety of the citizens of the city, or which is indecent or offensive to the senses so as to interfere with the comfortable enjoyment of life or property. (7) Any condition which, in the reasonable judgment of a code officer, constitutes a nuisance within the scope of this chapter. Public place means and includes: (1) Any street, highway, public right-of-way, sidewalk, driveway or alley, school building, school grounds, public building, library, fire station, public park or any parking lot. (2) The entire premises of any shopping center, restaurant, bar, store, service establishment, service station, theater, auditorium or place of amusement, except any portion of the premises reserved for the use of the owner or operator thereof or the employees of such owner or operator, and except any portion of the premises from which the general public is excluded. (3) Any lobby, corridor, elevator, stairway, public room, common room or recreation room in a hotel, motel, office building or apartment building. Responsible party means any person who makes or causes any nuisance to exist, or who has possession or control of any real property or premises, whether as owner, occupant or tenant, where any nuisance is found, or, in the case of a motor vehicle, as owner or operator of the same. Statute means a statute of the State of Colorado. 4 Streams means all rivers, watercourses, creeks and canals flowing in or through the city, including but not limited to Clear Creek and Rocky Mountain Canal, as such creeks and canals are defined in the official maps of the city engineer. Stream embankments means all publicly and privately owned land included within one hundred fifty (150) feet of the centerline of Clear Creek, as defined in the official maps and plats maintained by the city engineer; and publicly-and privately-owned land included within fifty (50) feet of the centerline of all creeks, canals and watercourses, as defined in the official maps and plats maintained by the city engineer. Trash means combustible refuse, including, but not limited to paper, cartons, boxes, barrels, wood (except stacked firewood and stacked construction material), tree branches, yard trimmings, dead plant material, wood or upholstered furniture, or bedding; or any similar substance or material; noncombustible refuse, including but not limited to metals, tin or aluminum cans, metal furniture, dirt, rock, pieces of concrete, glass, crockery or other minerals or mineral wastes; street rubbish, including but not limited to street sweepings, dirt, leaves, catchbasin dirt and contents of litter receptacles. Trash shall not include earth and waste from building construction during the period in which a valid building or dumping permit, issued by the city, is active, nor shall it include solid wastes resulting from industrial processes and manufacturing operations so long as property is zoned for such use and such business is registered with the city, nor shall it include natural products customarily stored in an agricultural zone so long as the property is zoned agricultural and the natural products relate to an agricultural use on the property. Watercourses means all creeks, ditches, laterals and gullies within the city, as defined in the official maps and plats maintained by the city engineer, and including, but not limited to, Clear Creek, Lena Gulch, Reno Ditch, Swadley Ditch, Slough Ditch and North Henry Lee Lateral. Weed means weeds, grass, brush or other rank or noxious vegetation, and shall not include flower gardens, plots of shrubbery, vegetable gardens, legitimate xeriscape plants and grain plots. "Weed," as used in this chapter, shall not apply to and shall not be construed to require removal of any weeds from the city's owned or leased greenbelt natural area. Xeriscape means a method of landscaping that uses native or low water plantings, efficient irrigation techniques, and alternative turf practices to promote water conservation. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that th is 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 5 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 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this 9th day of May, 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 Monday, May 23, 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 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 6 ... ~4~ ~ r City of ~Wheat&"-dge ~Oi.ICE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Patrick Goff, City Manager Daniel G. Brennan, Chief of Police FROM: Jim Lorentz, Division Commander Support Services Division DATE: April 12,2011 (For Study Session of 4/18/2011) SUBJECT: Staff Report -Defining Landscaping in Chapter 15 ISSUE: Staff recommends that Council consider defining "landscaping" in Chapter I 5 (concerning nuisances) to clarify that the City's Community Service Officers may pursue nuisance abatement for dead and dying trees and other specific types of deteriorated landscaping. PRIOR ACTION: None FINANCIAL IMP ACT: None BACKGROUND: The City'S Community Service Officers (CSOs) are authorized to enforce, among other things, the nuisance and zoning provisions of the Wheat Ridge Code of Laws (Code). These officers occasionally encounter dead and dying trees and shrubs on private property that constitute nuisances and require removal or pruning. In such a case, the CSOs currently have two Code provisions under which they may proceed: (1) Code Section 15-15, which provides that "damaged or dead landscaping" is a nuisance; nuisances must generally be abated upon seven days' notice from the City; and (2) Code Section 24-6, which requires property owners to remove "any dead or dying tree, shrub, etc." upon thirty days' notice from the City. Dead trees and landscaping can present such a nuisance that, in some instances, waiting thirty days to abate the condition threatens the public health, safety and welfare -for example, when a dead tree or limb blocks the view of traffic for drivers or pedestrians on or near a roadway. In these cases, it better serves the public safety and welfare to seek abatement of the conditions as a nuisance, as this can usually be accomplished more quickly than prosecuting a violation of Code Section 24-6. Attachment 2 Staff Report -Defining Landscaping in Chapter 15 April 12, 2011 Page 2 This ordinance defines "landscaping" for Chapter 15 purposes to specifically include trees, shrubs and other types of living and non-living landscaping. This term is currently undefined in Chapter 15, leaving the scope of the term subject to argument. ALTERNATIVES CONSIDERED: I) Make no change 2) Approve changes to ordinance RECOMMENDATION: Staff recommends approval of this Ordinance. A TT ACHMENTS: Proposed Ordinance Revision JL , , , ~' _ r City of ?Wheat~ge ITEMNO:~ DATE: May 9, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 11-2011 -A RESOLUTION APPROVING A IS-LOT SUBDIVISION PLAT ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 4000 CABELA DRIVE AND 410S YOUNGFIELD SERVICE ROAD (CASE NO. WS-11-Ol/CLEAR CREEK CROSSING) [8J PUBLIC HEARING o BIDS/MOTIONS [8J RESOLUTIONS o ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2ND READING QUASI-JUDICIAL: [8J YES o NO I ) iA ~r. ~ J.:~ ~ Deve opment Director ISSUE: The applicaots for Clear Creek Crossing Planned Commercial Development are requesting approval of a IS-lot subdivision plat for property zoned PCD located at 4000 Cabela Drive aod 4105 Youngfield Service Road. The purpose of the request is to accommodate the new development scenario aod street alignments for the property. Planning Commission recommended approval of this request at a public hearing held on April 7, 20 II. Because this involves consolidation of more !hao five parcels, City Council has final authority for approval. PRIOR ACTION: An IGA obligating !he City to certain actions regarding the property was approved by City Council on January 10, 20 II . Property owned by Jefferson County was annexed aod was zoned Planned Commercial Development (PCD). The annexation aod Concept aod Specific Outline Development Plans were approved by City Council on April 25, 20 II. To accommodate the new development scenario a plat is required. Case No. WS-II-O I May 9, 2011 Page 2 Planning Commission reviewed the subject application at a public hearing held on April 7, 2011 and gave a recommendation of approval for the following reasons: I. All requirements of Article IV of the zoning and development code have been met. 2. It will accommodate the new development scenario for the property. With the following conditions: 1. A note identifying the use of Tracts B, C and D must be added. 2. The easement note on sheet I be modified to indicate that I O-foot easements must be dedicated around the perimeter oflots, tracts, parcels and/or open space areas. 3. Public Works' comments be addressed prior to the City Council public hearing. With regard to condition 3, some of the minor technicalities still need to be addressed so this condition will be included in the recommended motion. FINANCIAL IMPACT: One-time fees in the amount of $44,000 for the subdivision plat were submitted with the application. BACKGROUND: The proposed plat will resubdivide the property into fifteen lots and four tracts. All of the parcels will accommodate development proposed on the Specific ODP document being approved as Case No. WZ-II -02. The first sheet <If the subdivision plan set is the declaration page. It contains standard language regarding perimeter utility easements, drainage and cross access easements. Sheets 2, 3 and 4 designate original parcels lines from the 2006 subdivision action. On these sheets the rights-ofway for Cabela Drive, Youngfield Service Road and West 40th Avenue are being vacated. Several existing detention ponds are also being vacated, and a new master drainage report has been approved. Other utility easements are to remain "as is" to accommodate existing improvements. Several trail easements will remain the same, as will the right-of-way for the hook-ramps to 1-70. The realigned Cabela Drive and 40'h Avenue are being dedicated on sheets 5, 6, 7 and 8. A new street named Clear Creek Drive is also being dedicated. Four tracts are also created by this plat. Tract A which is best depicted on sheet 5 is an unbuildable tract to be used as a regional stormwater detention facility. Tracts B, C and D which are best shown on sheet 7 are also unbuildable tracts intended for drainage and open space purposes. A note identifying these tracts must be added. Subsequent to the Planning Commission review, a major access easement providing secondary access to the Cabela's store from Cabela Drive to the west had been deleted. This easement was located on Block I, Lot 2. Because the traffic impact analysis and Specific ODP are based on Case No. WS-II-O I May9,2011 Page 3 the location and functionality of this easement, it needs to be re-established on the plat document as previously shown. This has been included as a condition of approval. The application has been through a standard City and outside agency referral process. No issues of concern have been raised. The Planning Commission staff report and minutes are attached for additional background on this application. RECOMMENDED MOTION: "1 move to approve Resolution No. 11-2011, a resolution approving a 15-lot subdivision plat on property zoned Planned Commercial Development located at 4000 Cabela Drive and 4105 Youngfield Service Road (Case No. WS-II-O IIClear Creek Crossing), for the following reasons: Or, I. All requirements of Article IV of the zoning and development code have been met. 2. It will accommodate the new development scenario for the property. 3. Planning Commission recommends approval. With the following conditions: I. A note identifying the use of Tracts B, C and D must be added. 2. The easement note on sheet I be modified to indicate that 1 O-foot easements are hereby dedicated around the perimeter of lots, tracts, parcels and/or open space areas. 3. Public Works' comments be addressed prior to plat recordation (Exhibit 4 of Planning Commission staff report). 4. The 60-foot wide ingress/egress easement across Block I, Lot 2 be re-established as previously shown." "1 move to deny Resolution No. 11-2011, a resolution approving a 15-lot subdivision plat on property zoned Planned Commercial Development located at 4000 Cabela Drive and 4105 Youngfield Service Road (Case No. WS-II-O IIClear Creek Crossing), for the following reason(s): " REPORT PREPARED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: I. Resolution No. 11-2011 2. Planning Commission minutes 3. Planning Commission staff report with exhibits CITY OF WHEAT RIDGE, COLORADO Resolution No. 11 Series 2011 TITLE: A RESOLUTION APPROVING A 15-LOT SUBDIVISION PLAT ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 4000 CABELA DRIVE AND 4105 YOUNGFIELD SERVICE ROAD (CASE NO. WS-11-01/CLEAR CREEK CROSSING) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of requests to subdivide and plat land; and WHEREAS, an application has been approved for a Planned Commercial Development titled Clear Creek Crossing pursuant to Case Nos. WZ-11-01 and WZ-11-02; and WHEREAS, the previously dedicated rights-of-way and drainage easements have been slightly relocated to accommodate the development; and, WHEREAS, the proposed subdivision plat was referred out to all necessary internal and external referral agencies; and, WHEREAS, the plat was reviewed and recommended for approval by the Planning Commission at a public hearing on April 7. 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows THE SUBDIVISION PLAT KNOWN AS THE CLEAR CREEK CROSSING IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. All requirements of Article IV of the zoning and development code have been met. 2. It will facilitate the new development scenario for the property. 3. Planning Commission recommends approval. With the following conditions: 1. A note identifying the use of Tracts B, C and D must be added. 2. The easement note on sheet 1 be modified to indicate that 10' easements are hereby dedicated around the perimeter of lots, tracts, parcels and/or open space areas. 3. Public Works' comments be addressed prior to plat recordation (Exhibit 4 of Planning Commission staff report). Attachment 1 1 4. The 60' wide ingress/egress easement across Block 1, Lot 2 be reestablished as previously shown. DONE AND RESOLVED by the City Council this 9th day of May, 2011 By: ______________________ __ Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk 2 The fully amended motion carried by a vote of 5-0. Chair BUCKNAM thanked members orthe public who camc to obscrve and to vo ice their opinions as wel l "' time spent by the applicant and staff on the casco C. Case No. WS-II-OI: An app lication filed by Cabela·s Retail In c., Coors Brewing Co. and JetTerson County for a major subdivision plat on propel1y zoned Planncd Commercial Dcvelopmcnt (PCD) and localcd at 4000 Cabela Drive and 4105 Young field Service Road. This case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommcnded approval because the proposed subdivi sion meets all requirements of Arti cle IV of the zoning and development code and will accommodate the new development scenario for the propert y. The plat contains IS lots, an increase of 5 lots over the previous subdivision pl at. Lori Baku Land Use Counsel, Cabela's Ms. Baker re4uested a recommendation of appro val of the Clear Creek Cross ing Subdi vision Pl at which is an amendment to the previously approved subd ivision plat for Cabclas that was approved in "006. The plat reflects the add it ion of approximately 33 acres. There arc now 15 lots and 4 tracts. There is also a sl igh t rea li gnment ofW. 40,10 Avenue, Cabcla Drive and the new addition of Clear Creek Drive. John Moore Martin & Martin Engineering (civil engineer for applicant) 13950 W. 32"" Avenue, Golden Mr. Moore presented an overview of the jinal plat for Clear Crcck Cross ing Subdi vision Fil ing No. I whieh co nsists of approximately 210 acres. He reviewed vaca tions and drainage easements as well as dedications and revised lot configurations. Ms. Baker stated that the applicant is in agreement with the co nditi ons suggested by staff as well as the staff s concl usion that the pial complies with all requirements of the city·s subdi vision regulations and the concept ODP and the Specific ODP. Chai r BUCKNAM opened the public hearing and asked to hear from members of the public. Heari ng no response, he closed the public hearing. It was moved by Commissioner MATTHEWS and seconded by Commissioner POND to recommend approval of Case No. WS-II-OI, a request for approval of a fifteen-lot subdivision plat on property located at Planning Commission MATT A CHMENT 2 Apn17.20 11 4000 Cabela Drive and 4105 Youngfield Service Road, for the following reasons: I. All requirements of Article IV of the zoning and development code have been met. 2. It will accommodate the new development scenario for the property. With the following conditions: I. A note identifying the use of Tracts B, C and 0 mllst be added. 2. The casement note on sheet I be modified to indicate that 10-foot casements must be dedicated around the perimeter of lots, tracts, parcels and/or open space areas. 3. Public Works' comments be addressed prior to the City Council ' public hearing. The motion carried 5-0. D. Case No. ZOA-II-03: An ordinance amending Chapter 26 concerning nonconfOiming struclures in Ihe F100dway Distri ct. Tim Paranto reviewed the staff repon for this casco The current ordinance prohibits buildings within the !loodwav. This means thaI a building pellnil can not be issued to rebuild any structure exi,llI1g inlhis area Ihm is destroyed or in need of major reconstruclion. There are approximately 80 propcI1ies that were in exislence before th e ordinance was ercaled . He showed maps of the affected areas within the city. The subject orJ inance estab li shes stand ards tor Ihe maintenance ofcxisting nOilCOn lO11l1i ng struc tures ror human occupancy within the eily's establi shed noodway di strict. Mr. Dahl explained Ihallhe prescnl ord inancc docs nol all,)w slru clures for human habitation within the tloodway_ The proposed orJinanc~ will allow homes in ex istence as of February 26.2001 III rcmain subjCCllO certain requiremenls iflhcy require rec()J1stru ction after daI1l3 g~ . There was discussion among Commission and sla tTlo clarify certain pOrlions llf the ordinance. It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to recommend approval of the proposed ordinance amending Article VIII of Chapter 16 of the Wheat Ridge Code of Laws concerning nonconforming structures in the Floodw.y District. The motion carried 5-0. Planning Commiss ion Mmutes I ) Apri l 7. 20 11 .. City of ffWheat~dge ~OMMUN(TI DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCA nON OF REQUEST: APPLICANT: PROPERTY OWNER: PRESENT ZONING: CURRENT USE: ENTER INTO RECORD: SUBDIVISION REGULATIONS ZONING ORDINANCE site Planning Commission CASE MANAGER: M. Reckert April?,2011 WS-II-O I/Clear Creek Crossing Approval of a fifteen-lot major subdivision 4000 Cabela Drive and 4105 Youngfield Service Road Cabela's, Coors and Jefferson County Same Planned Commercial Development (PCD), PO (Jefferson County) and A-I Passive Recreation, Open Space, Water Storage CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION WS·II·O (tClear Creek Crossing ATTACHMENT 3 1 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a fifteen-lot major subdivision on property zoned PCD located at 4000 Cabela Drive and 4105 Youngfield Service Road. Because this is a major subdivision, Planning Commission will be providing a recommendation to City Council who will be the final authority for approval. 1I. EXISTING CONDITIONS/HISTORY The land subject to the plat application includes several parcels with multiple ownership. The current property owners are Cabela's, Coors and Jefferson County. (Exhibit 1, ownership map) The portion of the property owned by Jefferson County is under contract to be purchased by Cabela's and Long's Peak Metro District. The property is comprised of 21 0 acres of land and has access points from existing rights-of-way including the southern service road for Highway 58, W. 40th Avenue from Youngfield via the 1-70 underpass and Youngfield Service Road extended from W. 32nd Avenue. There has been one prior subdivision action on the property and two minor amendments. (Exhibit 2, existing plat) Both Cabela Drive and West 40th Avenue with appropriate utility easements were dedicated by the original plat. The rest of the plat accommodated the prior development vision for the property approved pursuant to zoning action in 2006. Because the proposed development scenario has changed with the incorporation of the County-owned parcel, a new plat is required. A variety of land uses surround the property including single family development in unincorporated Jefferson County to the southwest. The property directly to the south of the proposed development along 32nd Avenue is zoned PCD and contains a hotel, restaurants and a gas station. The property on the east side of 1-70 is a large shopping center which provides a variety of retail, restaurant and service uses. The property to the north of Highway 58 (44th Avenue Industrial Park) was annexed into the City in 1999 and developed with office/warehouse uses. To the west is land owned by Coors utilized in support of their beer brewing operation further west towards Golden. The property is currently vacant with the exception of a water storage area on Block 5, Lot 2 which is owned by Coors. III. PROPOSED SUBDIVISION PLAT The proposed plat will resubdivide the property into fifteen lots and four tracts. (Exhibit 3, Subdivision Plat) All of the parcels will accommodate development proposed on the Specific ODP document being considered as Case No. WZ-II-02. The first sheet of the subdivision plan set is the declaration page. It contains standard language regarding perimeter utility easements, drainage and cross access easements. Planning Commission WS·I 1·0 I IClear Creek Crossing 2 Sheets 2, 3 and 4 designate original parcels lines from the 2006 subdivision action. On these sheets the rights-of-way for Cabela Drive, Youngfield Service Road and West 40th Avenue are being vacated. Several existing detention ponds are being vacated as well as a new master drainage report has been approved. Other utility easements are to remain "as is" to accommodate existing improvements. Several trail easements will remain the same, as will the right-of-way for the hookramps to 1-70. The realigned Cabela Drive and 40th Avenue are being dedicated on sheets 5, 6, 7 and 8. A new street named Clear Creek Drive is also being dedicated. Four tracts are also created by this plat. Tract A which is best depicted on sheet 5 is an unbuildable tract to be used as a regional stormwater detention facility. Tracts B, C and D which are best shown on sheet 7 are also unbuildable tracts intended for drainage and open space purposes. A note identifYing these tracts must be added. The common property line between Block 1, Lot 1 and Block I, Lot 3 should be removed as the Cabela store will cross this property line if it remains as shown on Sheet 8. Please note that the lot numbers on the Speci fic ODP do not match the lot and block numbers on the subdivision plat. The subdivision plat lot and block numbers represent the official legal descriptions for these new lots. Staff concludes that the proposed subdivision is compliant with Article IV of the zoning and development code. IV. AGENCY REFERRALS The proposal was referred to all external agencies and adjacent jurisdictions. All responding agencies stated that they can serve the property, and any upgrade will be at the expense of the developer. West Metro Fire Protection District: Can serve the property. Water plan, hydrant locations and access to structures and buildings will be further addressed as plans progress North Table Mountain Water and Sanitation District: The property must be annexed into the district. New sewer main has to tie into the existing system and must be looped. Some of the sewer may require a private lift station. Xcel Energy: Requesting the easement note on the plat be somewhat modified to indicate that 10' easements must be dedicated around the perimeter of lots, tracts, parcels and/or open space areas. Wheat Ridge Public Works: Has reviewed and approved a master drainage study, the new easements for which are reflected on the plat. Has comments that need to be addressed prior to the City Council public hearing. (Exhibit 4, 3-31-11 Brossman letter) Planning Commission WS-II-O IIC lear Creek Crossing 3 V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed subdivision meets all of the requirements of Article IV of the zoning and development code. Staff further concludes that it will accommodate the new development scenario for the property. For these reasons, a recommendation of approval with conditions is given for Case No. WS-II-Ol. VI. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WS-II-O I, a request for approval of a ten lot subdivision plat on property located at 4000 Cabela Drive and 4105 Youngfield Service Road, for the following reasons: I. All requirements of Article IV of the zoning and development code have been met. 2. It will accommodate the new development scenario for the property. With the following conditions: I. A note identifYing the use of Tracts B, C and D must be added. 2. The easement note on sheet 1 be modified to indicate that 10' easements must be dedicated around the perimeter oflots, tracts, parcels and/or open space areas. 3. The common property line between Block 1, Lot 1 and Block 1, Lot 3 should be removed as shown on Sheet 8. 4. Public Works' comments be addressed prior to the City Council public hearing." Option B: "I move to recommend DENIAL of Case No. WS-II-O 1, a request for approval of a ten lot subdivision plat on property located at 4000 Cabela Drive and 4105 Youngfield Service Road, for the following reasons: I. 2." Planning Commission 4 WS-II-O I/Cle.r Creek Crossing ~ ~ ~ = ~ ~ """'" EXHIBIT Clear Creek Crossing PCD: Ownership Map Case No. WZ-11-01 Concept Outline Development Plan Case No. WZ-11-02 Specific Outline Development Plan C OOP Boundary Current Ownership D Cabela's Wholesale Inc D Coors Brewing Company D Jefferson County M _ St-. PWI. C-din .. f>rO!ecMn Cdor_C ....... Z ...... 0 ..... '" NAOIl DISCLAIMER HOTlCE: * N i n.. ... P"""''' ..,_ ... __ .......... d __ odic ............... R .... " .. _ ... 8CICIn<)'. ~_~GI _ .......... I&......, .. ..-& ,~. TII.Co\yot_Rldo-, in_CN'ICyC __ -.~ ..-..onf{l/... S~oI~. _ ...... d,. ........ _~.., ""'""""n.T'-.....,_ .......... IO_in~~ .... oI --=-n orlt. The ,*""",-,"U<I r.ro ......... ~ .. 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(»I '!HE DAY 01 ,S 0., Itt EI()OI( _ _ -__ " .. _ -_ _ lI[C(PllON HQ. , 1 q I. \ EXHIBIT 2 ( j .. '" ,., LEGEND " .l . ~~OIT.tM:IOOe'f' ,Itt;. ·~ afll['CJtS(~UIl '.11.1. .I'QIIff(lf __ 11rIfoI;IOCY ".c. _'I'f.I.I.OW~e## o • fWI(J 2 ,It" AI.iJIL CMI' " COle. 'I\, COOII5 t.S ,JOa' • .~"/7" 0WIt ~ ll coc. U 4lI" " -nuo '/If a.o ,. MMII w, .u-.-u.. CMI' Sl_ 'U I$OO!' o -mAC) 10 IQoIrII w, , .... Co "-.t1ll ~ ....... f) . t~(J( .. r -...orr(lOI[I[TO'UI an _~ CABELA'S/COORS SUBDIVISION FILING NO. 1 A PAACEl OF LAND 8Il\JATEO IN SECTIONS 19, 20, 29 l 30, TOWNSHIP a IOU1l4. AlII liE .. WE8T Of' 114E 81lQ11 PAINaPAl. MeRIDIAN, CITY OF WHEAT RIDGE. COUNTY OF J&PEh6Oh, STAn: 01" COLORADO SEE SHEET 3 OF 4 Lor 7 1.2 .... se8. 5f" 28.1" Itt; 8HEET 2 OF 4 ----. . : ~ r . SSItD PI.. ..L.o.,r. 6., 22.12'1 At \ ,).' \ , "( i \.?~ . I \ \ \ ----I I I I I I I I I I I I I I I I I I I rII""''ST,~1r 70 crJNII£crCII I P\aJt ...... 0DCf,18I 1'1' ..... TWI! 'lAT ('WIDn4 vNntS) I ""'" ! 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SF :M.'5I1IoC -...... _---;l------I I I I LOT 21 LOT 2fi ImXJIUtT Q!(/tDC/tf!S ------lOT r.; ~~~L ___------r:::.::~.. ~.. :!'~~~i~~"';:;;-r,..i.r,'~~ii:ii'"- ------;~~~=~=:::::~2s~~------11=1521 •• " 1.=34l.<O' CIIoII7Y3S'WW CH-34Ug' R=791.19' L=212.11' C8=IIWS5'_ CH=211.5S' lOT 1 LOT 2 I '''1 .... ~ (S~ SHEE'I! 3 0,. .) I LOl J -""''''-LOl -4 ::i. Farnsworth -,;;;-...;;; ~ GROUP Q6u.J1",,","~. !U!t..eo · 0E""6tOOL.OllA.OO~1 ()D3l"""" 1 ~_1'O'-_, .... ""'" Dare: 8/03106 Profect No.: 304055.1 SHEEl -4 OF -4 , , .' _ • -City of _ or?" WheatR.Ldge ~PUBlIC WORKS City of Wheat Ridge Municipal Building 7500 W. 2sf' Ave. Wheat Ridge, CO 80033-8001 P: 303 .235.2861 F: 303.235.2857 March 31,2011 Mr. Mike Palumbo Project One Meridian One 9785 Maroon Circle, Ste 380 Englewood, CO 80 I 12 303.771.0396 Re: Third Review Comments of the Clear Creek Crossing Subdivision Filing No. I Plat, and fourth Review of the Specific ODP. Dear Mr. Palumbo, Public Works has completed the third review of the above referenced documents received on March 29, 2011 for the Cabela's Development located west ofr-70, south of CO 58, and north of32nd Avenue, and have the following comments: Final Plat General Comment: 1. All parcels on this plat identified as ':Tracts" must have a Note or Notes describing what they are for, and if they are non-buildable the NOlc(s) must also include a statement to this. 2. There are some Right-of-Way deeds referenced on page I of the Sewer Line Easement found under JeffCo Receplion Number Book 1737, Page 495 that that may impact Ihe portion ofthc subd ivision lying within Section 19. These deeds are as follows: a. City & County of Denver ROW: B717 PI91 , B379 PI12 , & B384 P78 b. CO Central Power Company ROW: B706 P246 Sheet I (Cover Sheell: 1. It appears that there was another sheet added during the second submittal that we missed, so Note 6 needs to be revised 10 reflect that "SHEETS 2 THROUGH~" show the vacations and "SHEETS ~ THROUGH 9" indicale the proposed items. Sheets 2 through 5: I. On Sheet 2: a. Provide the purpose or type for the easement shown at the top of the sheet (identified as BI737, P495). b, There appears to be an old lVater company Utility Easement (B384 P78) in Lot 9, Cabela's/Coors Sub Filing #2 (see redlined plat) which may need to be shown. c. Provide the dimension, purpose, and disposition of the easement along the easterly line of Lot 10, Cabela's/Coors Subdivision, Filing No.1 Amended. d. After a conversation with Tim Paranto, Director of Public Works, PW has decided that the odd-shaped "ta il" of public Right-of-Way that lVas dedicated to Wheal Ridge by JeffCo will no longer be needed for access to the regional pond as originally intended (due to the fact that the area it goes across will be fully encumbered by a Drainage Easement which allows access). Therefore, we would like to see the ROW truncated along a continuation of the curve to the north (please refer 10 the redlined plat). EXHIBIT 4 Public Works Engineering March 31, 2011 Page 2 e. And along those same lines as comment ld above (no pun intended), please continue the northerly ROW line from the truncated " tail" to the proposed Cabela Drive ROW to creale a more consistent road ROW width and smoother transition around the curve (again, please refer to the redlined plat). 2. On Sheets 2 & 3 PW believes there are additional existing trail easements present than those currently shown (rerer to REC # 92093972). I have attached some or the Ex hibits rrom 92093972 that highlight the trail easement location for your convenience. Sheets 6 through 9: 1. On Sheets 7 and 8: In order to construct the Cabela's building. the line between Block I, Lot I and Block I. Lot 3 will need to be removed and Lots I & 3 need to be combined into a single 101. Buildings are not allowed to be constructed across a lot line due to ownership and Building Code issues, and they will need to have their parking area within the same Lot as the primary building to avoid Zoning Code iss ues. 2. Please fade or shade the text ror the existing lot inrormation on these sheets to differentiate it rrom what is proposed. a. Provide the purpose or type of easement shown at the westerly side of the sheet (identified as " Rec. 2008006436, To Remain"). 3. On Sheets 6 & 7 PW believes there may be additional existing trail easements present than those current ly shown (rerer to REC # 92093972). I have attached some orthe Exhibits rrom 92093972 that highlight the trail casement location fo r your convenience. Specific ODP I. An engineered des ign for the (westerly) private access drive to Cabela's needs to be shown on Sheet 3 of the Specific ODP. The design must show lane striping and sufficient dimensions for the drive and approach to Cabc la Drive to ensure proper functionality. Public Works needs two hardcopics and an electronic PDF file for each subm itted dOCUllIcnt'J PLUS an e lectronic file of the Final Plat in AutoCAD 2007.dwg format only. The electronic files may be delivered either either on Cn-ROM with the next subm ilia I or via e-mail to me at: dbrossman@ci.wheatridge.co.us . The above comments are as of'be date reviewed and may Dot reflect all comments from other departments or reviewing agencies. lryou have any questions, please contact me at 303.235.2864. Sincerely. David 1'. Brossman, P.L.S . City Surveyor/Development Review Eng ineer CC Sieve Nguyen, Engmecrmg Manager Meredilh Rcckcrt. Senior Ptanner John Moore. Principal. Martm/Marlin File wwu .ci. whea Iridge.co. us ClCII ( ru k Cro5sUlg Subdiv1sion F111ng Nol_ ReVlew-) In.doc