HomeMy WebLinkAboutCouncil Packet 06/28/2010
6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 28, 2010 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 June 14, 2010 PROCLAMATIONS AND CEREMONIES
Police Department Citizen Awards (3) American Cancer Society Relay for Life 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 1. CONSENT AGENDA A. Resolution 32-2010 -amending the Fiscal Year 2010 General Fund Budget to reflect the approval of a supplemental budget
appropriation in the amount of $82,963.54 consisting of the 2010 Colorado Auto Theft Prevention Authority Grant of $75,463.54 and the High Intensity Drug Trafficking Area Program Grant
for Police Overtime in the amount of $7,500.00.
CITY COUNCIL AGENDA: June 28, 2010 Page -2-B. Resolution 31 -2010 -amending Resolution 25-2010 amending the public hearing date for Case No. ANX-1 0-02 pertaining to annexation of remnant
parcels of right-ofway located in the East Half of Section 16, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado. PUBLIC HEARINGS
AND ORDINANCES ON SECOND READING 2. Council Bill 08-2010 -An Ordinance amending the Wheat Ridge Code of Laws Article VII of Chapter 26 concerning Off-Premise Identification Signs, Community
Event/Sponsorship Banners, and Signs in the public right-of-way. 3. Council Bill 09-2010 -An Ordinance amending a Planned Industrial Development Outline Development Plan for construction
of a Public Fire Station on property located at 5250 Oak Street. (Case No. WZ-10-03/Skyline Estates Filing 3/Arvada Fire Protection District) 4. Council Bill 10-2010 -An Ordinance amending
the Wheat Ridge Code of Laws to permit waiver of Use Tax. 5. Council Bill 11-2010 -An Ordinance extending the moratorium enacted by Section 2 of Ordinance 1453, Series 2009, on the submission,
acceptance, processing, and approval of any application for a City of Wheat Ridge Permit or License related to the operation of a business or cooperative that sells or cultivates Medical
Marijuana. ORDINANCES ON FIRST READING 6. Council Bill 12-2010 -An Ordinance approving the Annexation of two remnant parcels of right~of-way located in the East Half of Section 16, Township
3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado. (Case No. ANX-1 0-02/City of Wheat Ridge) 7. Council Bill 13-2010 -An Ordinance concerning
administrative enforcement and making conforming amendments to Article V of Chapter 2 of the Wheat Ridge Code of Laws. DECISIONS, RESOLUTIONS, AND MOTIONS 8. Resolution 33-2010 -amending
the Fiscal Year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $30,000 to the Wheat Ridge Business District (WRBD) for the purpose
of funding the Revitalization Incentive Grant Program.
CITY COUNCIL AGENDA: June 28, 2010 Page -3-9. Resolution 34-2010 -amending the fiscal year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation and
approving the award of RFP-10-22 for the Employee Compensation/Structure Analysis to Waters Consulting Group, Inc. in an amount not to exceed $24,500. CITY MANAGER'S MATTERS CITY ATTORNEY'S
MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO June 14, 2010 Mayor DiTullio called the Regular City Council Meeting to order at 6:30 p.m. Councilmembers present: Karen Adams, Karen Berry, Joseph DeMott,
Joyce Jay, Tracy Langworthy, Davis Reinhart, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Randy Young; Deputy City Manager, Patrick Goff; City Attorney,
Gerald Dahl; City Treasurer, Larry Schulz; Director of Community Development, Kenneth Johnstone; Director of Public Works, Tim Paranto; Parks & Recreation Director, Joyce Manwaring;
Assistant to the City Manager, Heather Geyer; staff; and interested citizens. Motion by Mr. Reinhart to go into Executive Session under Charter Section 5.7(b)1 (d) and C.R.S. Section
24-6-402(4)(b) and (f), specifically for a conference with the City Attorney and appropriate staff for legal advice on a personnel matter concerning the employment contract of the City
Manager; seconded by Mrs. Sang; carried 8-0. Meeting adjourned to Executive Session at 6:32pm. Meeting reconvened at 7:00pm. APPROVAL OF MINUTES OF May 24, 2010 Motion by Mrs. Sang for
approval of the Minutes of May 24, 2010; seconded by Mrs. Langworthy; carried 8-0. PROCLAMATIONS AND CEREMONIES Colorado Air National Guard Recognitions Mayor DiTullio awarded a plaque
in recognition of distinguished Air National Guard 2009 Airman of the Year and Wheat Ridge resident, Thomas Perry. Moe Keller Recognition Mayor DiTullio and the City Council recognized
Moe Keller for her outstanding years of service to the City of Wheat Ridge and to the State Legislature. Randy Young, City Manager Recognition Mayor DiTullio provided Mr. Young a plaque
in recognition of his years of service as the City Manager of Wheat Ridge.
CITY COUNCIL MINUTES: June 14, 2010 Page -2-CITIZENS' RIGHT TO SPEAK Natalie Fedak spoke in support of the Relay for Life and asked the Council and the community to participate in th
is year's event being held Friday, July 9th , 201 0. Citizens interested in participating may find information and register at www.relavforlife .org. APPROVAL OF AGENDA Motion by Mrs.
Sang to add an Item 7, Consideration of Approval of a New Contract for the City Manager; seconded by Mr. Stites; carried 8-0. Motion by Mr. Reinhart to add Item 8, a Resolution to Transfer
$3,000 from General Fund Reserves to the Mayor's Outreach Budget for support of the July 13th Town Meeting to discuss Trash Collection in the City; seconded by Mrs. Sang; carried 8-0.
1. CONSENT AGENDA A. Motion to approve the appointment of Rhonda Champion to the Animal Welfare and Control Commission; term ending March 2, 2013. B. Resolution 28-2010 -amending the
fiscal year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation appropriation in the amount of $8,620 for the renewal of the Annual Maintenance Agreement
for the WRTV8 Community Bulletin Board Software. C. Resolution 25-2010 -find ing a petition for Annexation of land located in the East Half of Section 16, Township 3 South, Range 69
West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, to be in substantial compliance with Section 31-12-107(1), Colorado Revised Statutes and setting a hearing
date to consider the Annexation. D. Motion to approve the annual renewal for the CISCO Network Infrastructure Equipment in the amount of $13,423.72 to Insight, Inc. E. Resolution 29-2010
-amending the fiscal year 2010 Capital Investment Program (CIP) Budget to reflect the approval of a supplemental budget appropriation to fund the Emergency Warning System Phase III.
Consent Agenda was introduced and read by Mrs. Sang. Motion by Mrs. Sang for approval of the Consent Agenda; seconded by Mr. Stites; carried 8-0.
CITY COUNCIL MINUTES: June 14, 2010 Page -3-ORDINANCES ON FIRST READING 2. Council Bill 09-2010 -An Ordinance amending a Planned Industrial Development Outline Development Plan for construction
of a Public Fire Station on property located at 5250 Oak Street. (Case No. WZ-1 0-03/Skyline Estates Filing 3/Arvada Fire Protection District) Council Bill 09-2010 was introduced on
first reading by Mr. DeMott. Motion by Mr. DeMott to approve Council Bill 09-2010 on first reading, order it published , public hearing set for Monday, June 28, 2010 at 7:00 p.m. in
the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Langworthy; carried 8-0. 3. Council Bill 10-2010 -An Ordinance amending the Wheat
Ridge Code of Laws to permit waiver of Use Tax. Council Bill 10-2010 was introduced on first reading by Mr. Reinhart. Motion by Mr. Reinhart to approve Council Bill 10-2010 on first
reading, order it published, public hearing set for Monday, June 28, 2010 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded
by Mrs. Jay; carried 8-0. 4. Council Bill 11-2010 -An Ordinance extending the moratorium enacted by Section 2 of Ordinance 1453, Series 2009, on the submission, acceptance, processing,
and approval of any application for a City of Wheat Ridge Permit or License related to the operation of a business or cooperative that sells or cultivates Medical Marijuana. Council
Bill 11-2010 was introduced on first reading by Mrs. Sang. Motion by Mrs. Sang to approve Council Bill 11 -2010 on first reading, order it published, public hearing set for Monday, June
28, 2010 at 7:00 p.m. in the City Council Chambers, and that it take effect upon adoption; seconded by Mrs. Adams; carried 7-1 with Council Member DeMott voting No. DECISIONS, RESOLUTIONS,
AND MOTIONS 5. Resolution 26-2010 -amending Resolution 24-2010 which creates the Citizens' Exploratory Committee (CEC) for the purpose of Public Education and Debate regarding the effectiveness
and and efficiency of various form of City Govemment. Resolution 26-2010 was introduced by Mr. Reinhart. Motion by Mr. Reinhart to approve Resolution 26-2010 amending Resolution 24-2010;
seconded by Mrs. Sang;
CITY COUNCIL MINUTES: June 14, 2010 Page -4-Motion by Mr. Stites to amend the Motion by Mr. Reinhart, striking Larry Merkl from the committee; a friendly agreement was made by Mr. Reinhart
to amend the motion. Motion carried 8-0 as amended. 6. Resolution 27-2010 -approving "Discovery Park" as the name for the new park located at 38th & Kipling. Resolution 27-2010 was introduced
by Mr. Stites. Motion by Stites to approve Resolution 27-2010; seconded by Mrs. Adams; Guy Nahmiach spoke of the process of selecting a park name and of the decision to recommend the
name "Discovery Park" which was submitted by a Wheat Ridge 2nd Grader. Motion carried 8-0. 7. Consideration of Approval of a New Contract for the City Manager Motion by Mrs. Sang to
approve a contract for the employment of Patrick Goff as City Manager; seconded by Mrs. Langworthy; carried 8-0. 8. Resolution 30-2010 -a Resolution approving the transfer of $3,000
from the General Fund Reserves to the Mayor's Outreach Fund in support of the scheduled July 13, 2010 Town Meeting for discussion of Trash Services in the City of Wheat Ridge. Motion
by Mr. Reinhart to move $3,000 General Fund transfer to the Mayor's Community Outreach budget in support of the July 13, 2010 town meeting on Trash Services; seconded by Mrs. Sang and
Mr. Stites; Motion by Mrs. Langworthy to amend the motion to move the Town Meeting to a date on or after July 27 and to discuss and set the agenda of this Town Meeting at the June 21
, 2010 Study Session; seconded by Mrs. Sang; carried 8-0. Motion carried 8-0 as amended.
CITY COUNCIL MINUTES: June 14, 2010 Page -5-ELECTED OFFICIALS' MATTERS Council Members recognized and thanked Mr. Young for his years of service to the City and wished him luck in his
new position in the Town of Parker. Meeting adjourned at 7:52p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON JUNE 28, 2010 BY A VOTE OF __ to __ Davis Reinhart, 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 !?"Wheat~dge ~OllCE DEPARTMENT TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor DiTullio and CUy Council Patrick Goff, City Manager ~ Daniel Brennan, Chief of Police ~\Jlll
June 28, 2010 2010 Patrol Operations Fireworks Plan The Police Department is again taking steps to increase community education and police presence and enforcement efforts as we approach
the Fourth of July holiday. The Department anticipates receiving an increase in calls for service related to the illegal use of fireworks. Although the recent rains have lowered the
fire danger, the risk of fire still exists and chances of injury still remains high. Complaints of illegal fireworks tax public safety resources significantly and take valuable police
and fire resources away from providing critical services on more serious crime and quality of life concerns. The Police Department has an operations plan specific to fireworks. Calls
for service related to fireworks will be prioritized and the first available officer dispatched using using the following standards: ~ Firework calls involving injury or property damage
~ Firework complaints of an emergency nature, e.g., children present, hazardous areas, fireworks in the greenbelt, etc. ~ Firework complaints where the name of the person illegally using
the fireworks is known or can be identified ~ Frequency of calls to a specific location involving the same person(s) All other calls not meeting the above criteria will be aired for
officers to respond to based on the call load. The Department is requmng strict enforcement regarding the illegal use of fireworks. Summonses will be issued when probable cause exists
for violations of the fireworks ordinance to include the possession, use, storage and sale of fireworks. The Police Department will augment our deployment using police officers on overtime.
Extra personnel have been scheduled for Friday, July 2; Saturday, July 3; and Sunday, July 4. Officers will be scheduled to work during the times the Department receives a higher volume
of fireworks complaints. Community Service Officers will also be on-duty and have been asked to provide extra patrol along the greenbelt and parks until 9:00 p.m. The Police Department
has communicated our fireworks response plan with the four fire departments serving the Wheat Ridge community.
"CITIZEN ALERT" MEMO FROM KAREN ADAMS "WHY .A . -CHAN. .GE NOW?" SIGNATURES ARE BEING COLLECTED FOR TWO PROPOSALS FOR A CHANGE IN THE WHEAT RIl>GE GOVERNMENT TO: .ASTRONGMAYOR.FORM ..
OF GOVERNMENT. tHESTRON.G. MA YORSTRUCTlJRE PLACES ONE PERSON IN CONTROL OF THE CITY ADMINISTRATION AND THE CITY BUDGET. THE STRONG MAYOR FORM OF GOVERNMENT ALLOWS THE MAYOR TO IDRE
AND FIRE THE CmEF OF POLICE, CITY MANAGER AND ALL THE CITY DEPARTMENT DIRECTORS. THE SECOND POTENTIAL CHANGE WOULD PERMIT THE MAYOR CONTROL OF EST ABLISIDNG THE CITY BUDGET WITH COMPLETE
VETO POWER. WHEAT RIDGE IS CURRENTLY OPPERATING UNDER THE COUNCILIMANAGERFORM OF GOVERNMENT. EIGHT COUNCIL PERSONS ARE ELECTED TO REPRESENT OUR CITIZENRY. A PROFESSIONAL CITY MANAGER
EXECUTES THE POLICY DIRECTION OF CITY COUNCIL. MANAGERS HA VB AN MBA IN PUBLIC ADMINISTRATION AND ABIDE BY THE CODE OF ETHICS REQUIRED WITH MEMBERSHIP IN THE INTERNATIONAL CITY/COUNTY
MANAGEMENT ASSOCIATION. (lCMA) CITY COUNCIL HAS COMMISSIONED A WELL RESPECTED GROUP OF CIVIC LEADERS TO EXPLORE ALL THE DIFFERENT GOVERNING OPTIONS. THERE ARE VARIATIONS OF THREE OR
FOUR WAYS IN WHICH CITIES ARE GOVERENED. THE CITIZEN EXPLORATORY COMMITTEE (CEe) WILL REPORT THEIR FINDINGS TO CITY COUNCIL. INFORMATION ABOUT C.E.C. IS ON THE CITY WEB SITE. WWW.CIWHEATRIDGE.CO.US
I ENCOURAGE RESIDENTS TO RESEARCH THIS TOPIC AND LISTEN TO THE FINDINGS OF THE COMMITTEE. "WELL INFORMED ELECTORS WILL MAKE THE BEST DECISIONS FOR THE FUTURE OF WHEAT RIDGE." THE TWO
PROPOSED BALLOT INITIATIVES ARE A SWEEPING CHANGE TO OUR GOVERNING STRUCTURE. THE CHANGE SHOULD BE DECIDED WITH TRANSPARENCY, OPEN DEBATE, AND WITH CAUTION.OF UNINTENDED CONSEQUENCES.
I WELCOME YOUR COMMENTS. KAREN ADAMS KLPA@AOL.COM ..... PHONE 303 .. 484-1503 Tax dollars were neit spent on this memo from Karen
City of !V'WheatRL-dge TITLE: ITEM NO: U, DATE: June 28, 2010 REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 32-2010 -A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO
APPROVE A SUPPLEMENTAL BUDGET APPROPRIATION TO REFLECT THE ACCEPTANCE OF THE 2010 COLORADO AUTO THEFT PREVENTION AUTHORITY GRANT IN THE AMOUNT OF $75,463.54 AND THE HIGH INTENSITY DRUG
TRAFFICKING AREA PROGRAM GRANT FOR POLICE OVERTIME IN THE ESTIMATED AMOUNT OF $7,500 o PUBLIC HEARING o ORDINANCES FOR 1 ST READING o BIDS/MOTIONS ~ RESOLUTIONS Quasi-judicial: 0 YES
Ch~ ISSUE: o ORDINANCES FOR 2ND READING The Police Department is requesting that grant funds received beginning January 1, 20 I 0 and subsequently thereafter, from the Colorado Auto
Theft Prevention Authority (CATPA), account #01-520-01-549, be placed in account #01-211-611-602, Patrol Staff Salary and Wages; and, that grant funds received beginning January 1,2010
and subsequently thereafter, from the High Intensity Drug Trafficking Area (I-IIDT A), account #01-520-05-549, be placed in account #0 1-214-600-602, Special Investigations Overtime
and Premium Pay. PRIOR ACTION: None
Council Action Form -Supplemental Budget Approval of 20 I 0 CA TPA and HIDT A Grants June 28, 20 I 0 Page 2 BACKGROUND: The City of Wheat Ridge is the recipient of grant funds from the
Colorado Auto Theft Prevention Authority (CATPA) to pay for the salary and benefits of one detective assigned to the Metropolitan Auto Theft Task Force (MATT, formerly known as JCRA
TT). Currently, the money received from CA TPA is deposited into the General Fund. The Police Department is requesting that these funds, $75,463.54 for the 20 I 0 year, be deposited
into the Patrol Salary and Wages account so that these funds can be used to pay for a patrol officer backfill position. In addition, the Police Department is requesting that grant funds
from the High Intensity Drug Trafficking Area (HiDT A), estimated to be $7,500.00 for the 20 I 0 year, be deposited into the Special Investigations Overtime and Premium Pay account so
that these funds can be used to pay overtime costs for a Special Investigations detective overtime in the investigation of narcotic investigations. The City of Wheat Ridge has received
funding from HIDTA for reimbursement of drug investigation overtime costs for the past five years. These funds have previously been placed in the General Fund. The City began receiving
funds from CATPA on July 1, 2009 that have previously been placed in the General Fund. By allowing the funds to be placed in the appropriate accounts, the funds can be used for the stated
intended purposes. FINANCIAL IMPACT: The resolution allows the funds received from grant sources to be used for their intended purposes. This will allow the backfill of a patrol position
with the MATT detective salary and benefits reimbursement and the utilization of HIDTA funds to cover overtime expenses of Special Investigations detectives. RECOMMENDATIONS: Staff recommends
Council 's approval of the resolution. RECOMMENDED MOTION: "I move to approve Resolution No. 32-2010, a resolution amending the fiscal year 20 I 0 general fund budget to approve a supplemental
budget appropriation to reflect the acceptance of the 2010 Colorado Auto Theft Prevention Authority grant in the amount of $75,463 .54 and the acceptance of the High Intensity Drug Trafficking
Area program grant for police overtime in the estimated amount of$7,500. Or, "I move to deny Resolution No. 32-2010 for the following reasons: ______ "
Council Action Form -Supplemental Budget Approval of2010 CATPA and HIDTA Grants June 28, 20 I 0 Page 3 REPORT PREPARED AND REVIEWED BY: Jim Lorentz, Division Commander Daniel Brennan,
Chief of Police A TT ACHMENTS: I. Resolution No. 32-20 I 0
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32 Series of 2010 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $82,963.54 CONSISTING OF THE 2010 COLORADO AUTO THEFT PREVENTION AUTHORITY GRANT OF $75,463.54 AND THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM GRANT
FOR POLICE OVERTIME IN THE AMOUNT OF $7,500.00 WHEREAS, the City has accepted a 2010 Colorado Auto Theft Prevention Authority grant in the amount of $75,463.54; and WHEREAS, the City
has also accepted a High Intensity Drug Trafficking Area Program grant in the amount of $7,500.00; and WHEREAS, the City Council wishes to incorporate these grant funds into the Fiscal
Year 2010 General Fund budget; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution. NOW, THEREFORE, BE IT
RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. Budget Amended A. The Wheat Ridge Fiscal Year 2010 General Fund Budget is hereby amended by
the addition of $82,963.54 representing the acceptance of the $75,463.54 Colorado Auto Theft Prevention Authority grant and the $7,500.00 High Intensity Drug Trafficking Area Program
grant for Police Overtime. B. The Council authorizes the transfer of $82,963.54 from the General Fund undesignated reserves; $75,463.54 to account number 01 -211-611 -602 and and $7,500.00
to account number 01-214-600-602; and amends the 2010 Fiscal Year budget accordingly. Section 2. Effective Date This Resolution shall be effective upon adoption. ATT ACHMENT 1
DONE AND RESOLVED this __ day of ____ , 2010. Jerry DiTullio, Mayor ATIEST: Michael D. Snow, City Clerk
• < • , • City of . ? WheatRL-dge ITEMNO:~'S DATE: June 28, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 31-2010 -A RESOLUTION AMENDING THE PUBLIC HEARING DATE FOR CASE
NO. ANX-I0-02, AS ORIGINALLY SET BY RESOLUTION NO. 25-2010 o PUBLIC HEARING o BIDS/MOTIONS [gJ RESOLUTIONS QUASI·JUDICIAL: ISSUE: o ORDINANCES FOR I ST READING o ORDINANCES FOR 2ND READING
DYES Resolution No. 25-2010 passed at the regular City Council Meeting on June 14, 2010. The resolution pertained to an annexation of two remnant parcels of right-of-way being considered
for annexation, finding the annexation petition to be in substantial compliance with C.R.S. 3 1-12-107(1) and setting a public hearing date of July 26, 2010. Staff is requesting an amendment
pursuant to Resolution No. 31-2010 modifying the public hearing date in order to comply with noticing requirements for the annexation process prescribed by state statutes. The new public
hearing date for the annexation ordinance would be August 9, 2010. PRIOR ACTION: Resolution No. 25-20 10 provided for the finding of the annexation petition executed on May 18, 2010
to be in substantial compliance with C.R.S. 31-12-107(1) and setting a public hearing date of July 26, 2010. FINANCIAL IMPACT: None
Case No. ANX-IO-02 Council Action Form June 28, 2010 Page 2 BACKGROUND: None RECOMMENDATIONS: Adopt Resolution No. 31-2010. RECOMMENDED MOTION: "l move to adopt Resolution No. 31-20
I 0, a resolution amending Resolution 25-20 I 0, setting a public hearing date of August 9, 2010 for Case No. ANX-IO-02." Or, "I move to postpone indefinitely the adoption of Resolution
No. 31-20 I 0 for the following reason(s) " REPORT PREPAREDIREVIEWED BY: Meredith Recker!, Senior Planner Kenneth Johnstone, Director of Community Development ATTACHMENTS: I. Resolution
No. 31-2010
TITLE: CITY OF WHEAT RIDGE, COLORADO Resolution No. 31 Series of 2010 A RESOLUTION AMENDING RESOLUTION NO. 25, SERIES 2010 AMENDING THE PUBLIC HEARING DATE FOR CASE NO. ANX-10-02 PERTAINING
TO ANNEXATION OF REMNANT PARCELS OF RIGHT-OF-WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF
COLORADO WHEREAS, on June 14, 2010, the City Council adopted Resolution No. 25, Series 2010, finding an annexation petition to be in substantial compliance with C.R.S. 31-12-107(1);
and WHEREAS, the resolution set a public hearing date of July 26, 2010 for the annexation ordinance; and, WHEREAS, in order to meet statutory noticing requirements, the date of the public
hearing must be modified to be August 9, 2010; WHEREAS, the recitals contained in resolution No. 25, Series 2010 are incorporated by this reference. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The public hearing date established pursuant to the approval of Resolution No. 25-2010 is hereby amended
to be August 9, 2010. Section 2. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this 28th day of June, 2010. Jerry DiTullio, Mayor ATTEST: Michael
Snow, City Clerk ATTACHMENT 1
• City of J? Wheat~dge ITEM NO:Q I DATE: June 28, 20 I 0 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 8-2010 -AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 26 CONCERNING OFFPREMISE
IDENTIFICATION SIGNS, COMMUNITY EVENT/SPONSORSHIP BANNERS, AND SIGNS IN THE PUBLIC RIGHT-OF-WAY (CASE NO. ZOA-IO-Ol). ~ PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE:
D ORDINANCES FOR 1ST READING (05/24/2010) ~ ORDINANCES FOR 2ND READING (06/28/2010) YES r In order to provide more flexibility within the sign code, the following amendments were developed
by Community Development staff: (1) The allowance of off-premise identification signs for major activity centers, urban renewal unified commercial developments, and institutional campuses
(2) The allowance of community event/sponsorship banners on City-owned and public school properties (3) The allowance of signs in the adjacent public right-of-way for certain commerciallyzoned
properties meeting specific criteria. These amendments would address signage needs for recent development proposals reviewed by planning staff and allow City departments and public schools
to display community event banners on fences and ball fields, a practice currently not permitted by the sign code. Staff has proposed the attached amendments to the sign code, Article
VII of Chapter 26, to create allowances for the three types of signs above. Bold typeface designates new language and strikethrough designates deletions to the existing code. ZOA 10-0
I Sign Code Amendments
Council Action Form Sign Code Amendments June 28, 2010 Page 2 PRIOR ACTION: City Council provided direction to staff at the AprilS, 2010 Study Session and the First Reading for this
ordinance was approved by City Council on May 24, 2010. The Planning Commission reviewed the proposed amendments at a Public Hearing on June 3, 2010. They voted to separate the proposed
amendments into three separate items. Planning Commission approved the second amendment, the allowance of communityevent/sponsorship banners, with the recommendation that staff talk
with the Jefferson County School District and make any necessary changes to the proposed regulations for community/event sponsorship banners -such as allowable size -so that they are
consistent with the school district's needs. Planning Commission approved the third amendment, which would allow signs in the adjacent public right-of-way for certain commercially-zoned
properties meeting specific criteria. Planning Commission did not approve the first proposed amendment, amendment, which would allow offpremise signs for major activity centers, urban
renewal unified commercial developments, and institutional campuses. This amendment was denied based on the rationale that the proposed language was too specific to particular development
sites. Based on the acreage limits for the three categories of development -such as a minimum of 150 acres for a major activity center -it was clear that the intent of the amendment
was not to grant the option of off-premise signs to a significant number of sites in Wheat Ridge, but instead to address the specific needs of one or two developments. The majority of
the Commissioners thought that it would be more appropriate to address offpremise signage needs for important development sites on a case-by-case basis, through a master sign plan, rather
than through a comprehensive amendment to the sign code. Staff had proposed that any off-premise sign would need to be part of a master sign plan. The Planning Commission held that the
master sign plan review process, which is intended to provide flexibility for welldesigned, unified signage that is part of large development or campus, would be the most appropriate
method for allowing the limited use of off-premise
signs. FINANCIAL IMPACT: The proposed amendment that would allow community event/sponsorship banners on Cityowned property could create limited additional revenue for the City. The Department
of Parks and Recreation would like to issue special event permits required for banners on City property, with an associated fee. There is also the potential to allow company logos and
sponsorships on such banners, which could provide an opportunity to raise revenue for the City. BACKGROUND: 1. Off-Premise Identification Signs Currently, the sign code greatly restricts
the use of off-premise signs, which are defined as signs that advertise or direct attention to a business or service that is not located on the same site as the
Council Action Form Sign Code Amendments June 28, 2010 Page 3 sign. The code allows for the following types of off-premise signs, which may be located on another private property with
approval from Community Development and the property owner, or in the public right-of-way, with approval from Public Works: (1) Public signs and trafficlregulatory signs (2) Semi-public
signs, which give information to church location, educational institutions or service club locations and are limited to 6 square feet in area (3) Billboards, which are only allowed in
certain portions of the City (identified in a map in the code) near 1-70 and are limited to a total of 16 within the City For some large, unified commercial developments, as well as
large institutional campuses, offpremise signs can provide important identification needs. A monument sign located near a highway or major arterial, for example, can help draw attention
and traffic to the development. There are often instances where a large commercial or mixed use development is paying for infrastructure improvements, such as roadway improvements, beyond
the boundaries of the actual development site, typically in a master-planned development. [n such instances, it may be appropriate to allow the placement of identification signs on or
near the infrastructure improvements to draw attention to the nearby development that paid for those improvements. The current sign code would prohibit such signs since they would advertise
and/or direct attention to a business not located on the same piece of property. 2. Community Event/Sponsorship Banners The Parks and Recreation Department would like to display department-approved
banners on City property, including ball fields and tennis courts in City parks. The banners would be used primarily to advertise Parks and Recreation events, but could also help advertise
Wheat Ridge Youth Sports group activities. These signs would provide a convenience to the public by informing them of these leagues and activities. The sign code currently allows for
temporary banners, but with requirements that essentially prohibit the types of banners that Parks and Recreation would like to hang on parks properties. For example, the code requires
that banners are hung on a building -and thus could not be located on a fence -and determines the allowable area of the banner based on the square footage of the main building on-site,
a metric that does not work if there is no structure on the property. A revision to the sign code that would allow community event/sponsorship banners on Cityowned property could help
resolve this issue. Based on the current regulations, public schools would also be prohibited from hanging banners on ball fields or tennis courts to advertise sports leagues or school-related
events. The sign code amendment would allow temporary banners on City-owned property and public school properties, and the banners would be approved and monitored through the Parks Department
and individual schools. 3. Signs in the Public Right-of-Way The current sign code does not allow the construction of commercial freestanding signs in the public right-of-way (ROW). In
general, that is a regulation that staff very much supports. In some limited areas of the City, where existing ROW boundaries are unusually wide, and may even overlap with existing off-street
parking or landscaping, this provision can be difficult as it is
Council Action Form Sign Code Amendments June 28, 20 10 Page 4 nearly impossible to fmd a location for a sign that is near the street and not in the public ROW. For sites that are completely
redeveloping, this is not an issue since a complete scrape-off allows the business to find an on-site location for the sign. However, there are instances where a new business proposes
to re-use an existing building and site configuration. If the subject site is in an area with unusual ROW widths, it can be difficult to find a viable on-site location for a freestanding
sign. This issue is not unique to Wheat Ridge. Several jurisdictions in the metro area, including Arvada, Denver, Englewood, and Golden, provide the opportunity for property owners to
apply for a revocable permit, which allows placement of a sign in the ROW with the ability for the City to remove that sign at any time if necessary. Wheat Ridge already offers a similar
permit for fences and other objects that a private owner may want to place in the ROW, called a ROW use permit. This permit is authorized through the Public Works Department and is good
for a period of 5 years, at which point the applicant must apply to have the permit renewed. RECOMMENDATIONS: ]. Off-Premise Identification Signs Original Recommendation The original
recommendation was to amend the sign code to allow off-premise identification signs for three different categories of development, described below. In all instances, the offpremise identification
signs would be (a) part of an approved master sign plan, which is reviewed by Community Development and Public Works staff and approved by Plarming Commission; and (b) required to be
located on or immediately adjacent to public or private infrastructure approved or required for the operation of the development. The three categories of development that the new off-premise
identification sign allowance would apply to are: (I) Major Activity Center, defined as a contiguous commercial development that is greater than 150 acres; (2) Urban Renewal Renewal
Unified Commercial Developments, defined as a contiguous development that is at least 7 acres in size and where at least 50 percent of the total building square footage contains commercial
land use; and (3) Institutional Campus, defined as a contiguous development over 75 acres in size that contains institutional land uses, such as medical or educational. The original
recommendation also included the following restrictions and regulations for offpremise identification signs: (I) Major Activity Center Identification Signs • Maximum of 2 allowed per
activity center • Must be within V. mile of the activity center • Maximum height of 10 feet, maximum area of 50 square feet • No pole signs allowed
Council Action Form Sign Code Amendments June 28, 2010 Page 5 • Option for one highway sign: up to I sign, onJy if it is within 300 feet of a state or interstate highway, may be a maximum
of 30 feet with a maximum area of 200 square feet (2) Urban Renewal Unified Commercial Development Identifications Signs • Maximum of2 allowed per commercial development • Must be within
Yo mile of the commercial development • Maximum height of 10 feet, maximum area of 50 square feet • No pole signs allowed (3) Institutional Campus Identification Signs • Maximum of2
allowed per campus • Must be within Yo mile of the campus • Maximum height of7 feet, maximum area of32 square feet • No pole signs allowed Revised Recommendation Based on the input received
from Planning Commission at the June 3'd Public Hearing, staff no longer recommends the amendment to allow off-premise signs. Instead, staff recommends addressing the need for off-premise
signage, which is unique to a few large development sites within the City, through a master sign plan. A master sign plan allows for flexibility in the design and placement of signage,
and encourages well-designed, unified signage for a development. The language in Section 26-708.E.2 already states that the Planning Commission may use a master sign plan to grant a
bonus in signage square footage of up to 50 percent as well as "permit signs in locations other than normally permitted, based upon a finding that the proposed master sign plan substantially
meets the intent and purpose . .. relating to unification and integration of signage." The City Attorney has advised that this language would allow for approval of off-premise signs
through a master sign plan, with the addition of the following language (in bold and highlighted) to Section 26-708.E.2: "may permit signs in locations other than normally permitted,
including off the subject property." If City Council wishes to follow this recommendation and allow off-premise signs through master sign plan approval, adopt the following as an amendment
to the motion adopting the ordinance: "I further move to direct staff to make necessary amendments to the ordinance to remove all references to off-premise signs and instead amend Section
26-708.E.2 regarding master sign plans to include the language 'including off the subject property.'" 2. Community Event/Sponsorship Banners Staff recommends revising the sign code to
create a new type of temporary banner that would meet the needs of the Parks and Recreation Department. The new banner category, proposed as a "community event/sponsorship banner," would
apply to any City-owned property, and would thus allow other City departments to take advantage of the opportunity to publicize community
Council Action Form Sign Code Amendments June 28, 20 10 Page 6 events. For those banners located on City-owned property, a permit issued through the Parks Department would be required.
Based on direction from City Council at the April 5, 2010 Study Session, the community event banners are also proposed for school properties owned by the Jefferson County School District.
Such banners would be restricted to advertising school-related events and sports leagues, and would not require a permit. Staff recommends that community event/sponsorship banners would
be subject to the following criteria: • Must be located on City-owned property or a school property owned by the Jefferson County School District • Maximum size of 50 SF on City property;
maximum size of32 SF on school property • Maximum of 2 on school property; no maximum for City property (total number will be regulated by Parks through the special event permit process)
• Must be temporary only, with time restrictions related to the time period of the event, with no banner to be in place for longer than 4 weeks. • Can be located on buildings, fences,
and poles. Cannot be attached to landscaping. Upon recommendation from the Planning Commission, staff has been in touch with the Executive Director of Jefferson County School District's
Facilities Planning division in order to determine what regulations relating to temporary banners will best meet the district's needs. The Executive Director is working with athletic
directors at multiple schools to obtain the appropriate information about size, number, and length of time for display. Staff will provide an update on this matter at the public hearing
on June 28th 3. Signs in the Public Right-of-Way Staff recommends adding an exception to the sign code that would enable properties meeting very specific criteria to place a commercial
sign in the right-of-way (ROW) immediately adjacent to that property. This exception from the rule prohibiting signs in the ROW would be added to section 26-708 and require that the
following criteria are met: a. there are no viable alternative locations on the subject property; b. the sign is for a property with commercial or mixed use zoning; c. the sign will
be within right-oF-way that is immediately adjacent to the subject property; d. the sign is not in the right-of-way of a state highway; e. there are no immediate plans for widening the
street as identified in the 5-year Capital Investment Program (CI P) or planning documents; f. the sign is not for a site being completely redeveloped with new construction, in which
case the proposed design should incorporate the sign on site; g. no underground utilities, except for electriCity, exist in the proposed location for the sign; h. the sign does not obstruct
the sidewalk or vehicular traffic; I. the sign complies with sight distance triangle requirements per section 26-603.B;
Council Action Form Sign Code Amendments June 28, 2010 Page 7 J. the sign is not located in the landscape buffer or amenity zone located between the back of curb and the sidewalk; k.
the sign is not a pole sign; and I. the sign must exclusively advertise or identify the business or operation located only on the immediately adjacent property for which sign is permitted.
If a property meeting the above criteria wished to place a sign in the ROW, staff proposes that it could be allowed subject to approval by the directors of the Public Works and Community
Development departments, as well as approval of a sign permit and ROW use permit. One of the proposed criteria is that a sign allowed within public ROW could not be a pole sign. In order
to codify this regulation, a definition for "pole sign" needs to be added to the existing sign code. In the draft ordinance approved by City Council at the First Reading, pole sign was
defined as "A sign which is affixed to, or mounted on a freestanding wood or metal pole, and anchored in the ground." At the June 3 Planning Commission Public Hearing the Commission
pointed out that it is possible for a pole to be made of PVC or other material besides wood or metal. In order to prevent this loophole, staff recommends altering the definition of a
pole sign to remove any specific materials so that it reads: "A sign which is affixed to, or mounted on a freestanding pole, and anchored in the ground." If City Council wishes to follow
this recommendation, adopt the following as an amendment to the motion adopting the ordinance: "I further move to direct staff to amend the ordinance to modify the definition of a pole
sign to read 'A sign which is affixed to, or mounted on a freestanding pole, and anchored in the ground.'" RECOMMENDED MOTION: "J move to approve Council Bill No. 8-2010, Case No. ZOA-IO-OI
, an ordinance amending Chapter 26 of the Code of Laws concerning off-premise identification signs, community event/sponsorship banners, and signs in the public right-of-way on second
reading, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 8-2010, Case No. ZOA-I 0-01 , an ordinance amending Chapter 26
of the Code of Laws concerning off-premise identification signs, community event/sponsorship banners, and signs in the public right-of-way, for the following reason(s) " Optional motion
removing amendment regarding off-premise signs "I further move to direct staff to make necessary amendments to the ordinance to remove all references to off-premise signs and instead
amend Section 26-708.E.2 regarding master sign plans to include the language ' including off the subject property.'"
Council Action Fonn Sign Code Amendments June 28, 20 10 Page 8 Optional motion amending the definition of a pole sign "I further move to direct staff to amend the ordinance to modify
the definition of a pole sign to read 'A sign which is affixed to, or mounted on a freestanding pole, and anchored in the ground. '" REPORT PREPAREDfREVIEWED BY: Sarah Showalter, Planner
II Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director A TT ACHMENTS: I. Council Bill No. 08-2010
RECOMMENDED MOTION: "I move to approve Council Bill No. 08-2010, Case No. ZOA-10-01, an ordinance amending Chapter 26 of the Code of Laws concerning off-premise identification signs,
community event/sponsorship banners, and signs in the public right-of-way on second reading and that it take effect 15 days after final publication." . Or, "I move to deny Council Bill
No. 08-2010, Case No. ZOA-1 0-0 1, an ordinance amending Chapter 26 of the Code of Laws concerning off-premise identification signs, community event/sponsorship banners, and signs in
the public right-of-way, for the following reason(s) " Optional motion removing amendment regarding off-premise signs "I further move to direct staff to make necessary amendments to
the ordinance to remove all references to off-premise signs and instead amend Section 26-708.E.2 regarding master sign plans to include the language 'including off the subject property.'"
Optional motion amending the definition of a pole sign "I further move to direct staff to amend the ordinance to modify the definition of a pole sign to read 'A sign which is affixed
to, or mounted on a freestanding pole, and anchored in the ground.'" Optional motion amending regulations pertaining to community event/sponsorship banners "I further move to direct
staff to make necessary amendments to the ordinance so that the regulations pertaining to community event/sponsorship banners on school property match the Jefferson County School District
policies for sponsorship banners and to amend the ordinance to remove restrictions on duration for community event/sponsorship banners on city-owned properties. " ZOA 10-0 I Sign Code
Amendments [recommended motion amended to the packet during the meeting]
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMott COUNCIL BILL NO. 08 ORDINANCE NO . ...,..,.. _ _ Series 2010 TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE VII OF
CHAPTER 26 CONCERNING OFF-PREMISE IDENTIFICATION SIGNS, COMMUNITY EVENT/SPONSORSHIP BANNERS, AND SIGNS IN THE PUBLIC RIGHT-OF-WAY 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 Council of the City of Wheat Ridge finds that more flexibility is desired with regards to the placement of off-premise identification signs for major activity centers, urban
renewal commercial developments, and institutional campuses; and WHEREAS, the City Council of the City of Wheat Ridge finds that the placement of special event/sponsorship banners on
city-owned property and public school properties is desired; and WHEREAS, the City Council of the City of Wheat Ridge finds that the ability to place certain signs in the public right-of-way,
subject to specific criteria and a revocable permit, is desired to provide flexibility for businesses investing in the improvement of commercial sites. NOW THEREFORE BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-702 of the Code is amended to read: Sec. 26-702. Definitions. For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, implied
or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "barber pole" signs. Arcade sign. Any sign projecting beneath and attached
to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration
or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or
"branded" product. ATTACHMENT 1
Awning. A movable shelter supported entirely from the exterior wall of a building and/or a type which can be retracted against the face of the supporting building . Banner. A sign or
advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time. Billboard.
Any pole sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to advertise a product or service that is not produced or conducted on the same
property as the sign. Building front. The exterior wall(s) of a building facing a public street or streets or other public right-of-way other than alleys, or one (1) exterior wall containing
the primary entrance to the building if not directly facing upon a public street. Canopy. A roof-like structure serving the purpose of protecting vehicles and/or pedestrians and which
may be freestanding or attached to a building, is provided with supports, and is open on three (3) sides if attached and on all sides if freestanding. Changeable copy sign. A sign, either
illuminated or nonilluminated, which is designed so that the message or any part of the message may be periodically changed, either mechanically or electronically, however, where a change
in message occurs no sooner than every fifteen (15) seconds. Community event/sponsorship banner. A banner advertising community events, sports leagues, or related activities and located
on property owned by the City of Wheat Ridge; or a banner advertising school-related activities or sports leagues and located on public school properties owned by Jefferson County School
District. Development. A single lot, parcel or tract of land or portions or combinations of lots, parcels or tracts of land which are held in single or common ownership and which exist
as a distinct functional entity. Multi-use and multi-tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation,
partnership or other legally recognized entity, shall be considered a "development" for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate
or reconstruct any sign or sign-supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at
intervals of fifteen (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self-supporting , being nondependent on support from a
building or other structure, including signs placed upon fences or nonsupporting walls.
Illuminated sign. A sign that is illuminated with constant intensities of light of a nonvarying nature. There are three (3) types of illuminated lights as follows: (a) Direct. Lighting
by means of an unshielded light source which is effectively visible as a part of the sign. Neon lighting is considered direct lighting. (b) Indirect. Lighting which illuminates the front
of a sign or the entire building facade upon which the sign is displayed, the source of the light being shielded from public view and from surrounding properties. Indirect illumination
does not include lighting which is primarily used for purposes other than sign illumination, such as parking lot lighting. (c) Internal. Lighting by means of a light source which is
within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent
or opaque material. Informational sign. A freestanding or wall-type sign, not located within public public street right-of-way, which gives necessary direction or non-advertising information
to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square
foot may be included on each such permitted sign. Institutional campus identification sign. Any sign which advertises or directs attention to a major institutional campus and is not
located on the same property as the institutional campus. An institutional campus is defined as a contiguous development with institutional uses, including medical or educational, that
is greater than 75 acres. Such signs shall be allowed in addition to those signs permitted on the property and must be located on or immediately adjacent to public or private infrastructure
approved or required for the operation or maintenance of the campus. Lot. A tract, building site, parcel or portion of land separated from other parcels or portions by description, as
on a subdivision plat of record or survey map or by metes and bounds, for the purpose of sale, lease or use. Major activity center identification sign. Any sign which advertises or directs
attention to a major activity center and is not located on the same property as the major activity center. A major activity center is defined as a contiguous commercial development,
or a mixed use development wherein at least 50 percent of the total building square footage contains commercial land uses, that is greater than 150 acres. Such signs shall be allowed
in addition to those signs permitted on the property and must be located on or immediately adjacent to public or private infrastructure approved or required for the operation or maintenance
of the center. Major interior drive. A drive aisle located on private property which connects two (2) public streets or provides access to two (2) or more parcels of land or developments.
Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of
its erection. Off-premises sign. Any sign fifty (60) sE!lIare feet er smaller, which advertises or directs attention to a business, commodity, service or activity conducted, sold or
offered elsewhere other than on the property which the sign is located. PllbliG aAE! semi pllbliG SigAS are Aet GeAsiE!ereE! eft premises SigAS. Painted sign. A sign that is painted
directly onto the exterior surface of a building, wall or structu re. Political sign. A noncommercial sign, which is exempt from permit requirements, erected or placed so as to advertise,
announce, declare or state a political message, whether relating to a political campaign or election or any other issue of public concern which is protected by the First Amendment right
of free speech. Pole sign. A sign which is affixed to, or mounted on a freestanding wood or metal pole, and anchored in the ground. Portable sign. Any sign which is supported by one
(1) or more uprights or braces upon the ground and which is of portable design. Projecting sign. A sign which is affixed to any building, wall or structure and which extends beyond the
building wall more than fifteen (15) inches. Public sign. A sign that is required by federal , state or local law or ordinance necessary for public information. Revolving sign. A sign
utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. Semipublic sign. A sign
giving information as to church location, educational institutions or service club locations. Sign. Any object or device or part thereof situated outdoors or indoors, viewed from outdoors
by the general public, and which object or device or the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract
attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound or projecting images. Sign permit. A building permit
issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of
the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message.
Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used
for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed
is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign,
including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support
structures which do not bear advertising material
shall be excluded in computation of sign area. Signs without backing (i.e. , freestanding, projecting, A-frame or pedestal signs) are allowed the maximum square footage for each side
for double-faced signs; however, signs having more more than two (2) sides or faces shall not exceed the total face area allowed for a double-faced sign. Temporary sign. Any sign, banner,
pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended
or designed to be displayed for a limited period of time. Traffic and regulatory signs. Signs, signals or markings placed or erected by federal, state or local authority for the purpose
of regulating, warning or guiding traffic. Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of
the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety,
health and welfare. Urban renewal unified commercial development identification sign: Any sign which advertises or directs attention to a a use or activity within an urban renewal unified
commercial development and which is not located on the same parcel as the identified use or activity. An urban renewal unified commercial development is defined as a contiguous development,
located in an urban renewal district, wherein at least 50 percent of the total building square footage contains commercial land uses and the development site is at least 7 acres in size.
Such signs shall be allowed in addition to those signs permitted on the property and must be located on or immediately adjacent to public or private infrastructure approved or required
for the operation or maintenance of the development. Wall sign. A sign constructed of durable materials or painted and which is permanently affixed to an exterior surface of any building,
wall or structure and which does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered
as wall signs.
Section 2: Section 26-707 of the Code is amended to read: Sec. 26-707. General provisions/performance standards. A. Sight distance triangle. 1. No sign is allowed which would violate
the sight distance triangle requirements of section 26-603B. 2. At signalized intersections, where both streets are collectors and/or arterial, the required sight distance shall be governed
by the standards set forth in the most current edition of the policy on geometric design of highways and streets, published by the American Association State Highway and Transportation
Officials (AASHTO). B. Location ot signs. 1. All signs allowed by this article, except billboards, public signs, afl4 semipublic signs, institutional campus identification signs, major
activity center identification signs, urban renewal unified commercial development identification signs, and signs permitted under the criteria in section 26-70S.F shall be located on
the lot which they advertise. C. Streets and rights-ot-way. 1. No sign shall be erected in such such a location as to interfere with motor vehicle or pedestrian traffic. 2. No sign is
allowed in the public right-of-way, with the exception of: a. signs on bus benches and shelters pursuant to article IV of chapter 21 ami b. public, semi-public, traffic, regulatory,
and projecting signs, c. institutional campus identification signs, major activity center identification signs, and urban renewal unified commercial development identification signs,
as outlined in section 26-710. d. signs permitted under the criteria in section 26-70S.F 3. No sign is allowed which may be construed as a traffic sign or signal or which may be confusing
to motorists or mistaken as a traffic signal. 4. Where it is difficult to determine the pubic right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such
boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside
edge of sidewalk. 5. Attachment of any sign to utility poles or other poles or structures within public right-of-way is prohibited, except as approved by city council pursuant to this
article. 6. Temporary signs found by an enforcement officer to be located within city rightof-way or in violation of sight triangle requirements shall be removed by such enforcement
officer with no requirement of notice. D. Interference. 1. No sign is allowed which employs a lighting or control mechanism which causes radio, radar, cellular telephone or television
interference. 2. No sign is allowed which , even though in general conformance with the standards and requirements of this sign code, is judged by the chief of police and
public works director as a dangerous sign due to interference with a traffic control device by being in direct line between the control device and oncoming traffic or otherwise in visual
competition with a traffic control device. E. Compliance with building codes. 1. No sign shall be erected, constructed or maintained which obstructs or is attached to any fire escape,
window, door or opening used as a means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation. 2. No sign
is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure
members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal,
shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures
shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. 1. Notwithstanding the provisions of section 26-631 , any merchandise displayed
outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure
shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables,
such as automobiles, campers, boats, plant materials, produce or lumber. G. Illumination. 1. All illuminated slgnage shall comply with section 26-503 of the zoning and development code.
2. Signs within one hundred (100) feet of a residential structure, may be lighted indirectly or internally. 3. Signs over one hundred (100) feet from a residential structure, may use
any type type of lighting source, except search or flashing lights, provided that they are shaded, shielded or directed so that the light shall not adversely affect surrounding premises
or interfere with safe vision on public or private roadways, including highways. 4. All direct and indirect lighting sources shall be downcast to reduce glare, sky glow and light pollution.
H. Maintenance. 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. I. Removal or reconstruction of dangerous
signs. 1. All signs which are prohibited shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner
of such sign is notified of the violation.
Section 3: Section 26-708 of the Code is amended to read: Sec. 26-708. Miscellaneous provisions. A. Building addresses. 1. House or building address number signs shall be consistent
with section 26-419 C.--E. of the zoning and development code. B. Signs located on bus benches and bus stop shelters. 1. Signs located on bus benches shall be in conformance with Code
of Laws, article IV, section 21-124. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, article IV, section 21-151 . Such signs shall be limited to two
(2) faces per shelter for commercial advertising purposes with a maximum of twenty-four (24) square feet per face. C. Freestanding signs--Commercial, industrial and mixed use zone districts.
1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed based on the
formulas shown in section 26-708.C.5. In addition, the sign area allowed may be transferred from one one (1) sign to another; provided, that no freestanding sign shall exceed four hundred
(400) square feet in area. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double-faced signs,
each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped
areas. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.)' TABLE INSET: Floor Area of Building Single Use Development Multiple Use Development
0--1 ,500 s.f. 35 s.f. 60 s.f. 1,501--5,000 35 s.f. plus 1 s.f. per each additional 50 60 s.f. plus 1 s.f. per each additional s.f. s.f. of floor area over 1,501 . 40 s.f. of floor area
over 1,501 . 5,001--100 s.f. plus 1 s.f. per each additional 150 s.f. plus 1 s. f. per each 300 s.f. of 50,000 s.f. 500 s.f. of floor area over 5,001 . floor area over 5,001 . Over 50,001
190 s.f. plus 1 s.f. per each additional 300 s.f. plus 1 s.f. per each additional s.f. 1,000 s.f. of floor area over 50,001 up 1,000 s.f. of floor area over 50,001 up to a maximum size
of 300 s.f. to a maximum size of 400 s.f. ' In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive-thru canopies cannot
be applied toward the freestanding sign allowance.
D. Freestanding signs--Residential, agriculture and public facilities zone districts. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted
sign shall be allowed to have the maximum square footage allowed, as defined in section 26-70B.C.5. 2. Where multiple signs are permitted because of multiple street frontage, the signs
may be erected on the same street frontage. 3. For double-faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or
total redevelopment, all freestanding signs shall be placed within landscaped areas. E. Master sign plan. 1. The planning commission may approve a master sign plan for any existing or
proposed commercial or industrial development of at least two (2) acres or more in size which is under unified control either by ownership, legal association or leasehold. 2. The intent
and purpose is to encourage well-planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural
style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of
existing nonconforming signs. The planning commission may grant as a bonus for well-designed plans additional signs and/or up to a fifty (50) percent increase in maximum square footage
for each sign, and/or may permit signs in locations other than normally permitted, based upon a finding that the proposed master sign plan substantially meets the intent and purpose
of this subsection relating to unification and integration of signage. 3. Once approved at a public hearing by planning commission, all master sign plans shall be recorded with the Jefferson
County Recorder's Office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substantial variation
from the plan shall be permitted without planning commission approval. Noticing requirements for a master sign plan process shall follow the procedures outlined in section 26-109. F.
Signs in the right-of-way. 1. The community development director and public works director may jointly approve freestanding signs which are otherwise permitted to advertise a property,
to be located in the public right-of-way immediately adjacent to that property, subject to all of the following criteria: a. there are no viable alternative locations on the subject
property; b. the sign is for a property with commercial or mixed use zoning; c. the sign will be within right-of-way that is immediately adjacent to the subject property; d. the sign
is not in the right-of-way of a state highway; e. there are no immediate plans for widening the street as identified in the 5-year Capital Investment Program (CIP) or planning documents;
f. the sign is not for a site being completely redeveloped with new construction, in which case the proposed design should incorporate the sign on site;
g. no underground utilities, except for electricity, exist in the proposed location for the sign; h. the sign does not obstruct the sidewalk or vehicular traffic; i. the sign complies
with sight distance triangle requirements per section 26-603.8; j. the sign is not located in the landscape buffer or amenity zone located between the back of curb and the sidewalk;
k. the sign is not a pole sign; and I. the sign must exclusively advertise or identify the business or operation located only on the immediately adjacent property for which sign is permitted.
2. Signs that meet the above criteria shall obtain a sign permit through the community development department and a right-of-way use permit through the department of public works.
Section 4: Section 26-709 of the Code is amended to read: Sec. 26-709. Residential, agriculture and public facilities zone districts sign standards chart. TABLE INSET: TABLE 1. SIGN
STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R-1, R-1A, R-1 B, R-1 C, R-2, R-2A, R-3, R-3A, A-1, A-2, PF MAXIMUM TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM
MINIMUM OTHER REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN 1. Animated No 2. Arcade No 3. Canopy No Maximum of 32 1 per street square feet per frontage, but The time lapse between
the 4. Changeable Yes Yes sign. Maximum no more than 5 feet from any change in information shall not be Copy height 7 feet for 2 per property line less than 15 seconds. Not all residential
development permitted for residential uses. zones. Maximum of 32 square feet per 5. Freestanding Yes sign. Maximum 1 per street 5 feet from any Not permitted for single family Yes height
7 feet for frontage property line and two-family dwellings. all residential zones. PeFfRitled only WF pullliG and No, except semi public; SigAS and for (1) public biliboaFds. 6. Off-Premises
and semi-For billboards, see section 26-Signs public signs; 711 (2) billboards I I I , I ,
MAXIMUM TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN Not permitted for single family and two-family dwellings. A-frame
or pedestal style only. Must be Must be setback anchored to the ground or a minimum of 5 weighted sufficiently to prevent 6 square feet 1 per feet from any movement by wind. Must only
be street right-of-displayed during normal hours of 7. Portable Yes Yes per side per organization way line if 36 operation. May be located on a sign. or activity inches or 2 feet if
sidewalk provided that adequate 36 inches or less clearance exists to meet ADA in height. requirements. Must be displayed only on the premise being advertised. 8. Projecting No To be
determined May be located off-premises with 9. Public and 3 per by the approval of property owner and Semi-Public Yes Yes 6 square feet organization Community Community Development Signs
per sign or attraction Development Director. May be located in r-o-w Director with approval of Public Works Director. Monument-type signs must be set back on the Monument, fence, or
wallproperty a incorporated only. Fence or wall 10. Residential Not to exceed minimum of 10 incorporated type signs may be Subdivision Yes Yes 20 square feet 1 per street feet, unless
placed parallel with and at Identification in area or 6 feet frontage incorporated into property line following the same Signs in height. a traffic island height and sight distance entrance,
then 25 requirements as for a wall or feet back from fence. face of street curb and 3 feet
MAXIMUM TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN from edge of traffic island. 11 . Temporary Subcategories: , 1
time per Not permitted for single family year for up to and two-family dwellings. Balloons and 60 days, or 2 Permitted on Iy to advertise required tethers times per special events and
sales. Shall be a. Balloons or cannot exceed year for up to securely anchored or attached so other inftatable Yes Yes a height of 35' 30 days each None as to prevent dislocation, devices
measured from time, or 4 entanglement or encroachment existing grade. times per onto adjacent properties or public year for up to streets, or undue hazard to 15 days each motorists or
pedestrians. Rooftime. mounting is permitted. i Not permitted for single family and two-family dwellings. Shall be securely anchored or attached so Total size for as to prevent dislocation,
any single or entanglement or encroachment onto adjacent properties or public combined streets, or undue hazard to banners affixed 1 per use per motorists or pedestrians. May be b. Banners
Yes No to a wall based NIA on one half activity placed upon a building wall but (1/2) the shall not be attached to fencing, landscaping, freestanding posts allowance for or utility poles.
Banners may be I wall signs. placed only on walls facing a public street or major interior drive.
MAXIMUM TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN 1. Located on City-owned 1. Located on City-owned 1. Located May
be placed on a building, property: a property: on Cityfence, or pole on property permit shall be maximum area owned owned by the City of Wheat issued through of 50 square property: No
Ridge or Jefferson County c. Community the Department School District only. The Event/Sponsor Yes of Parks and feet; 2. maximum; 2. N/A banner may be in place for up Located on Located
on ship Banner Recreation; public school school to 2 weeks prior to the event, 2. Located on for the duration of the event public school property: property: itself, and up to 2 days
after the maximum area maximum of property: no of 32 square 2 event, not to exceed a total of 4 permit is feet weeks. required 1 per street frontage allowed between the time a Shall
not building exceed 32 permit is Shall not be illuminated. Must be d. Go square feet. issued and a located on the property where Construction Yes No certificate of 5 feet Signs Shall
not occupancy is active construction work is exceed 7 feet obtained or occurring. in height. any number of signs which are necessary for safety on the premises. e. Go Pennants, 1 time
per Not permitted for single family streamers and Yes Yes None year for up to None and two-family dwellings. similar devices 60 days, or 2 Permitted on Iy to advertise times per special
events and sales. Shall be
MAXIMUM TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN year for up to securely anchored or attached so I 30 days each
as to prevent dislocation, time, or 4 entanglement, or encroachment I times per onto adjacent properties or public year for up to streets, or undue hazard to 15 days each motorists or
pedestrians. time. 9 square feet for one and two-family f ... Real Estate dwelling 1 per street Shall not be illuminated. Must be Signs Yes No residential frontage 5 feet located on
the property being uses. 50 allowed advertised. square feet for all other uses. Not to exceed 12 square feet g ... Temporary each. Not over 1 per model Shall not be illuminated. Must
be Model Home Yes Yes 7 feet in height 5 feet located on the property being Signs if a home advertised. freestanding type. No larger than 1 square foot for every linear Not permitted
for single family foot of the side 1 per street and two-family dwellings. For 12. Wall or Yes Yes of the building front or major N/A uses which have a rear entry or Painted to wh ich
it is interior drive affixed. Signs per activity delivery door, 1 non illuminated wall sign per use. affixed to marquees or I awnings shall I
MAXIMUM TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN be considered wall signs and shall be calculated based upon the
length of the wall to which they are attached or adjacent to. For buildings with flat roofs, wall signs shall not extend above the top of parapet or mansard, and if placed upon a parapet
or mansard, shall not extend more than 3 feet above the deck line. 13. Miscellaneous Shall not advertise or promote a particular business, service or a. Artistic "branded" product. A
company, Murals or Yes No None No limit None firm, association, society, etc., Sculptures logo is not considered within the scope of this definition and is considered a sign.
MAXIMUM TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN b. Barber Shop No Poles c. Flags (city, state, national only),
placards, badges, Allowed when located on their insignias, or own premises or displayed along similar devices Flagpole must any march or parade route or in of any Flagpole meet setback
sockets along any street during a governmental Yes No cannot exceed None requirements of fund-raising drive or other similar agency or civic, 35 feet in the zone district special event.
Any such devices charitable, height. in which they are to be placed within public right-ofreligious, constructed. way may only be approved by city patriotic, council. political, fraternal
or similar nonprofit organization. d. Flashing Signs and No Search Lig hts e. Historic plaques, cornerstones, erected by the city or historical Shall not Allowable provided that such
agencies Yes No exceed 3 None None designations are in accordance designating an square feet in with article IX of the Zoning and area or property size. Development Code. of local I
historical importance .. -
MAXIMUM TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN Yes, as f. Home accessory to Maximum of2 1 per home 5' if freestanding
May be freestanding or wall Occupation a residential Yes square feet in occupation mounted. Signs home size. occupation. g. House or Must meet the provisions of building address Yes
No N/A N/A N/A Chapter 26, Article IV, Sec. 26-number signs 419C. 4 square feet per side. If freestanding, shall not exceed 36 inches in height (i.e. "restrooms," "no smoking," if within
a "wheel chair entrance," etc.), or required sight directional (i.e. "in ," "out," "ramp," h. Informational distance "drive-thru," etc.). May be wall-Signs triangle, or 48 mounted, freestanding
or inches where Accessory to Yes No outside of a No limit None attached to other freestanding the Primary sight distance signs or canopies, but shall not Use be counted against the allowable
triangle. If an size of another type of permitted organization sign. May be illuminated by logo is internal light only. incorporated into the sign , the logo shall not exceed 1 square
foot in size. i. Political Shall not Shall not be located in public Campaign Yes No exceed 8 No limit None right-of-way or on municipally Signs square feet in owned property. Shall be
MAXIMUM TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN size per sign. removed within 7 days following an election. j.
"Room for Yes No 2 square feet 1 per vacant None Must be on the property for which Rent" Sign unit it is advertising. k. Roof Signs No I. Temporary decorations or displays when such
are clearly associated with Yes No No limit No limit None any national, local or religious holiday or celebration m. Traffic As required by regulation or Control or Regulatory Yes No
No limit No limit None statute of the federal, state or Signs municipal government. Allowed only for currently n. Vehicle licensed, operative vehicles. signage Yes No None None N/A Banners
or temporary signs attached to vehicles are not allowed. Sign shall not Permitted even if it is visible from obstruct more outdoors. Those signs which o. Window or Yes No than 25 percent
N/A N/A advertise temporary uses such as Door Signs of the door or rummage sales, garage sales and and window area. open houses shall be located on private property. p. Menu No Board/Drive
MAXIMUM TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN Through Directory Signs I 1. Order Confirmation No Boards
Section 5: Section 26-710 of the Code is amended to read: Sec. 26-710. Commercial, industrial and mixed use zone districts sign standards chart. TABLE INSET: TABLE 1. SIGN STANDARDS
IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS --~ I ---, --, -~ I • TYPE OF SIGN PERMIT MAXIMUM SIZE ALLOWED AND HEIGHT PER MAXIMUM MINIMUM OTHER REQUIRED SIGN NUMBER SETBACK REQUIREMENTS
1. Animated No 4 square feet. Shall not extend above the bottom of eave, balcony, canopy, awning or other Can extend into right-of-way 2. Arcade Yes Yes structural overhang 1 per business
or passageway to N/A with an approved right-of-way which it is affixed. permit. Minimum height 7 feet above street frontage or sidewalk level. May use up to 50% 1 per street 3. Canopy
Yes Yes of the allowed wall frontage or sign allocation for N/A major interior canopies. drive Must follow the 1 per street 5 feet from any 4. Changeable freestanding and frontage, but
no property line if The time lapse between the Copy Yes Yes wall signage size more than 2 freestanding, change in information shall not and height per N/A if wall be less than 15 seconds.
~-----regulations. development. signage.
TYPE OF SIGN PERMIT MAXIMUM SIZE ALLOWED AND HEIGHT PER MAXIMUM MINIMUM OTHER REQUIRED SIGN NUMBER SETBACK REQUIREMENTS Based on table in 10 feet where Section 26-708. 50 feet maximum
adjacent to height allowed for residentially retail and service zoned properties; 5 businesses within For new development or total 1/4 mile from 1 per street feet from street 5. Freestanding
redevelopment, all new Yes Yes property line of an frontage, not to right-of-way if freestanding signs shall be interstate highway exceed 2 per under 7 feet in placed within landscaped
measured from the development. height, 10 feet areas. property line. Any for signs 7 to other permitted 15 feet high, freestanding sign and 30 feet for signs over 15 shall not exceed
15 feet in height. feet high. Must be part of an approved master sign plan and must be 10 feet where within Y. mile of the adjacent to institutional campus, residentially measured from
the property Shall not exceed 7 zoned line. May not be constructed 6. Institutional feet in height and 2 per properties; 5 as a pole sign. If located on Campus shall not exceed feet
from private property, a written Identification Yes Yes 32 square feet per institutional street right-of-agreement from the owner Sign sign face. campus way if under 7 must be obtained.
feet in height; May be located in public r-o-10 feetfor w with approval of a r-o-w signs 7 feet permit by the public works high department.
PERMIT MAXIMUM SIZE TYPE OF SIGN ALLOWED AND HEIGHT PER MAXIMUM MINIMUM OTHER REQUIRED SIGN NUMBER SETBACK REQUIREMENTS Generally, shall not exceed 10 feet in height and shall not exceed
50 10 feet where square feet per adjacent to Must be part of an approved sign face. residentially master sign plan and must be zoned within V. mile of the activity 1 of the 2 properties;
5 center, measured from the permitted signs feet from property line. May not be 7. Major may bea 2 per major street rightoOf· constructed as a pole sign. If Activity Center Yes Yes maximum
of 30 way if under 7
located on private property, a Identification feet tall with a activity center feet in height; written agreement from the Sign maximum area of 10 feetfor owner must be obtained. 200
square feet signs 7 to 15 May be located in public roO· per sign face if feet high; and w with approval of a r-o-w located within 300 30 feet for permit by the department of feet of
a state or signs over 15 public works. interstate highway high. as measured from the base of the sign. No. except for (1) public and semi·public signs; (2) Pe~mitted only fo~ pllbliG
and 6.8. Off· institutional semi pllbliG signs and Premises Signs campus billboa~ds. identification For billboards, see section signs; (3) 26-711 major activity center identification
Signs; (4)
TYPE OF SIGN PERMIT MAXIMUM SIZE MAXIMUM MINIMUM ALLOWED AND HEIGHT PER OTHER REQUIRED SIGN NUMBER SETBACK REQUIREMENTS urban renewal unified commercial development identification signs;
(5) billboards; or signs for which a permit under Section 26-708F has been issued. A-frame or pedestal style only. Must be Must be anchored to the ground setback a or weighted sufficiently
to minimumof5 prevent movement by wind. feet from any Must only be displayed during h 9. Portable Yes Yes 6 square feet per 1 per business street right-ofnormal hours of operation. May
side per sign. way line if 36 be located on a sidewalk inches or 2 feet provided that adequate if 36 inches or clearance exists to meet ADA less in height. requirements. Must be displayed
only on the premise being advertised. 1 square foot for May extend each 1 foot of height 1 per street into the right-of-Projecting and wall sign not 8.10. Yes Yes of the building wall
frontage per way with an permissible on same wall. Projecting to which the sign is business approved right-Maximum projection 10 feet. to be attached. of-way permit. Maximum height,
TYPE OF SIGN PERMIT MAXIMUM SIZE ALLOWED AND HEIGHT PER MAXIMUM MINIMUM OTHER REQUIRED SIGN NUMBER SETBACK REQUIREMENTS top of wall or parapet; not to be roof mounted. Minimum height,
7 feet from street frontage or sidewalk. To be May be located off-premises 9.11. Public 3 per determined by with approval of property owner and Semi-Public Yes No 6 square feet per organization
or the Community and Community Development Signs sign attraction Development Director. May be located in r-o-Director w with approval of Public Works Director. -10.12. Residential Subdivision
No Identification Signs ~13. Temporary Subcategories: Balloons and 1 time per year Permitted on Iy to advertise required tethers for up to 60 special events and sales. Shall cannot exceed
the days, or2 be securely anchored or a. Balloons or maximum permitted times per year attached so as to prevent other inflatable Yes Yes building height for for up to 30 None dislocation,
entanglement or devices the zone district in days each time, encroachment onto adjacent which they are or 4 times per properties or public streets, or located measured year for up to
undue hazard to motorists or ~---from existing grade. 15 days each pedestrians. Roof mounting is
TYPE OF SIGN ALLOWED PERMIT MAXIMUM SIZE MAXIMUM REQUIRED AND HEIGHT PER MINIMUM OTHER SIGN NUMBER SETBACK REQUIREMENTS time. permitted. Shall be securely anchored or attached so as
to prevent dislocation, entanglement or Total size for any encroachment onto adjacent single or combined properties or public streets, or b. Banners Yes banners affixed to a 1 per business
undue hazard to motorists or No wall based on one pedestrians. May be placed or activity NIA half (1/2) the upon a building wall but shall allowance for wall not be attached to fencing,
signs. landscaping, freestanding posts or utility poles. Banners may be placed only on walls facing a public street or major interior drive. 1. Located on Cityowned property: a May be
placed on a building, permit shall be issued 1. Located on City-1. Located on fence, or pole on property through the owned property: City-owned owned by the City of Wheat c. Community
Department maximum area of property: No Ridge or Jefferson County Event/Sponsor Yes of Parks and 50 square feet; 2. maximum; 2. N/A School District only. The ship Banner Recreation;
Located on public Located on banner may be in place for up 2. Located school property: school to 2 weeks prior to the event, on public maximum area of property: for the duration of the
event school 32 square feet maximumof2 itself, and up to 2 days after the event, not to exceed a property: no total of 4 weeks. permit is required
TYPE OF SIGN PERMIT MAXIMUM SIZE ALLOWED MAXIMUM MINIMUM OTHER REQUIRED AND HEIGHT PER SIGN NUMBER SETBACK REQUIREMENTS 1 per street frontage allowed between the time a building Shall
not exceed 32 permit is issued G.d. Shall not be illuminated. Must square feet. and a Construction be located on the property Yes No certificate of 5 feet Signs Shall not exceed 7 occupancy
is where active construction work feet in height. obtained or any is occurring. number of signs which are necessary for safety on the premises. 1 time per year Permitted only to advertise
for up to 60 special events and sales. Shall days, or2 II. e. Pennants, times per year be securely anchored or streamers and for up to 30 attached so as to prevent similar devices Yes
Yes None days each time, None dislocation, entanglement or or 4 times per encroachment onto adjacent year for up to properties or public streets, or undue hazard to motorists or 15 days
each pedestrians. time. e. f. Real Estate 1 per street Shall not be illuminated. Must Signs Yes No 50 square feet frontage 5 feet be located on the property allowed being advertised.
"g. Temporary Model Home No Signs
TYPE OF SIGN PERMIT MAXIMUM SIZE ALLOWED MAXIMUM MINIMUM OTHER REQUIRED AND HEIGHT PER SIGN NUMBER SETBACK REQUIREMENTS Must be part of an approved 10 feet where master sign plan and
must be adjacent to within Y. mile of the unified 14. Urban residentially commercial development, Renewal Shall not exceed 2 per urban zoned measured from the property Unified 10 feet
in heig ht renewal properties; 5 line. May not be constructed Commercial Yes Yes and shall not unified feet from as a pole sign. If located on Development exceed 50 square commercial
street rightoOf-private property, a written feet per sign face. way if under 7 agreement from the owner Identification development feet in height; must be obtained. Signs 10 feetfor
May be located in public roOsigns 7 to 10 w with approval of a roO-w feet high permit by the public works department. No larger than 1 square foot for every linear foot of the side of
the building to which it is affixed. Signs affixed to marquees 1 per street or awnings shall be frontage or For uses which have a rear 42-. 15. Wall or Yes Yes considered wall major
interior N/A entry or delivery door, 1 Painted signs and shall be drive per non illuminated wall sign per calculated based activity use. upon the length of the wall to which they are
attached or adjacent to. For buildings with fiat roofs, wall signs shall not extend
TYPE OF SIGN PERMIT MAXIMUM SIZE ALLOWED MAXIMUM MINIMUM OTHER REQUIRED AND HEIGHT PER SIGN NUMBER SETBACK REQUIREMENTS above the top of parapet or mansard, and if placed upon a parapet
or mansard, shall not extend more than 3 feet above the deck line. 4316. Miscellaneous Shall not advertise or promote a particular business, service or a. Artistic "branded" product.
A company, Murals or Yes No None No limit None firm, association, society, etc., Sculptures logo is not considered with in the scope of this definition and is considered a sign. b. Barber
Shop Yes No Cannot exceed 5 1 per street Poles feet in length. N/A Must be wall mounted. frontage c. Flags (city, state, national Allowed when located on their only), of any Flagpole
must own premises or displayed governmental meet setback along any march or parade agency or civic, Flagpoles cannot requirements of route or in sockets along any charitable, Yes No
exceed 35 feet in None the zone district street during a fund-raising religious, height. in which they drive or other similar special patriotic, event. Any such devices to be political,
are placed within public right-of-way fraternal or constructed. may only be approved by city similar nonprofit council. organization
TYPE OF SIGN PERMIT MAXIMUM SIZE MAXIMUM MINIMUM OTHER ALLOWED AND HEIGHT PER REQUIRED SIGN NUMBER SETBACK REQUIREMENTS d. Flashing Signs and No Search Lights e. Historic plaques, cornerstones,
erected by the Allowable provided that such city or historical Shall not exceed 3 designations are in accordance agencies Yes No square feet in size. None None with article IX of the
Zoning and designating an Development Code. area or property of local historical importance Yes, as f. Home accessory to a Maximum of2 1 per home 5' if May be freestanding or wall Occupation
residential Yes square feet in size. occupation freestanding mounted. Signs home occupation. g. House or Must meet the provisions of building address Yes No N/A N/A N/A Chapter 26, Article
IV, Sec. 26-number signs 419C. 4 square feet per (i.e. "restrooms," "no smoking," side. If freestanding, "wheel chair entrance," etc.), or h. Informational shall not exceed 36 directional
(i.e. lIin,u "out," Signs inches in height if "ramp," "drive-thru ," etc.). May Accessory to Yes No within a required No limit None be wall-mounted , freestanding the Primary sight distance
or attached to other Use triangle, or 48 freestanding signs or canopies, inches where but shall not be counted against outside of a sight the allowable size of another
TYPE OF SIGN PERMIT MAXIMUM SIZE ALLOWED AND HEIGHT PER MAXIMUM MINIMUM OTHER REQUIRED SIGN NUMBER SETBACK REQUIREMENTS distance triangle. If type of permitted sign. May be an organization
logo illuminated by internal light is incorporated into only. the sign, the logo shall not exceed 1 square foot in size. Shall not be located in public i. Political right-of-way or on
municipally-Campaign Yes No 16 square feet No limit None owned property. Shall be Signs removed within 7 days following an election. j. "Room for Yes No 2 square feet 1 per vacant None
Must be on the property for Rent" Sign unit which it is advertising. k. Roof Signs No I. Temporary decorations or displays when such are clearly associated with Yes No No limit No limit
None any national, local or religious holiday or celebration m. Traffic As required by regulation or statute of the federal, state or Control or Yes No No limit No limit None municipal
government. Regulatory Signs
TYPE OF SIGN PERMIT MAXIMUM SIZE MAXIMUM MINIMUM OTHER ALLOWED REQUIRED AND HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN I Allowed only I for currently licensed, operative vehicles which
are primarily Banners or temporary signs n. Vehicle used by its No None None N/A attached to vehicles are not signage owner for allowed. service, delivery or general transportation on
a regular basis. Permitted even if it is visible Sign shall not from outdoors. Those signs o. Window or obstruct more than which advertise temporary uses Door Signs Yes No 25 percent
of the N/A N/A such as rummage sales, door or window garage sales and open houses area. shall be located on private I property. 30 square feet per sign. Shall not May be wall mounted
or exceed 6 feet in freestanding but will not be p. Menu height if counted against the allowable Board/Drive freestanding. If an 2 per 10 feet from number or size of another type Through
Yes Yes organizational logo commercial right-of-way of permitted sign. May be Directory Signs in incorporated into activity illuminated by internal lighting the sign, the logo only.
No signage or advertising shall not exceed 1 may be visible from the right-ofsquare foot in size. way.
PERMIT MAXIMUM SIZE TYPE OF SIGN MAXIMUM MINIMUM OTHER ALLOWED AND HEIGHT PER REQUIRED NUMBER SETBACK REQUIREMENTS SIGN May be wall mounted or freestanding but will not be 3 square feet
per counted against the allowable 10 feet from number or size of another type 1. Order sign. Shall not 1 per drive Confirmation Yes Yes of permitted sign. May be exceed 4 feet in through
lane right-of-way Boards illuminated by internal lighting height. only. No signage or advertising may be visible from the right-ofway.
Section 6: 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 7: 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 8: Effective
Date. This Ordinance shall take effect fifteen days after final publication, as provided by by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 24th day of May, 2010, ordered it published with Public Hearing and consideration of final passage set for Monday, June 28th , 2010 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 28th day of June, 2010. SIGNED by the Mayor on this _ __ day of _______ , 2010. ATTEST: Michael Snow, City Clerk First Publication: May 27,2010 Second Publication: Wheat Ridge
Transcript Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney
Case No. ZOA‐10‐01 Sign Code Amendments City Council Public Hearing June 28, 2010 Case No. ZOA‐10‐01 Background • Sign Code (Article VII of Chapter 26) amended in 2005 • Recent Issues
have arisen signifying a need for further revisions to allow: 1. Off‐premise identification signs for large, unified developments 2. Temporary community event banners on public property
3. Freestanding signs in adjacent right‐of‐way for some commercial properties 1. Off‐Premise Identification Signs • Current sign code does not allow offpremise signs, which are signs
that draw attention to an activity or business not on that property. Exceptions: 1. Public and semi‐public signs (limited to 6 SF) 2. Billboards – total of 16 within City Case No. ZOA‐10‐01
Background 1. Off‐Premise Identification Signs • Some large, unified commercial developments provide infrastructure improvements that are technically beyond the bounds of the development
site • Current code would not allow them to place signs next to or on these improvements Case No. ZOA‐10‐01 Background 1. Off‐Premise Identification Signs • Original recommendation was
to amend the sign code to allow large sites to have up to 2 off‐premise identification signs • Planning Commission voted against this and recommended instead that large sites with off‐premise
signage needs may use a Master Sign Plan to address this issue Case No. ZOA‐10‐01 Background Case No. ZOA‐10‐01 Background 2. Community Event/Sponsorship Banners • Parks Department:
desire to place temporary banners on ball fields at city parks to advertise events and sports leagues • Current code has a category for temporary banners, but does not allow attaching
to fences and size is regulated by building size (no building = no sign)
Case No. ZOA‐10‐01 Background 2. Community Event/Sponsorship Banners • Schools: public schools already use sponsorship banners on athletic fields • Jefferson County School District has
its own policies for sponsorship banners: – Max area of 4 x 8 feet (32 SF) per sign – No maximum on how long signs are up or how many are at one school Case No. ZOA‐10‐01 Background
3. Signs in the Right‐of‐Way (ROW) • Current code does not allow construction of free‐standing signs in the public ROW. Staff supports this basic rule • Some commercial sites that are
re‐using an existing building may have difficulty finding a place for a sign that is not in the ROW Case No. ZOA‐10‐01 Example of ROW constraints on Harlan Street = existing sign in
ROW Case No. ZOA‐10‐01 Background 3. Signs in the Right‐of‐Way (ROW) • Other jurisdictions in the metro area, including Arvada, Denver, Golden, and Englewood, allow signs in the public
ROW subject to a revocable permit • Wheat Ridge already has a revocable permit for items in the ROW, such as a fence, that Public Works administers. Term of 5 years. Case No. ZOA‐10‐01
Staff Recommendations 1. Off –Premise Identification Signs • Rather than amend the code, use a Master Sign Plan to address off‐premise signage needs • Section 26‐708.E Master Sign Plan:
– Existing or proposed commercial development – 2 acres or larger – Encourage well‐planned and designed signage – Master sign plan allows for flexibility in area of signage and location
of signage – Approved by Planning Commission Case No. ZOA‐10‐01 Staff Recommendations 2. Community Event/Sponsorship Banners • Create a new category of temporary banners that are only
allowed on city‐owned property or public school property • Allow on all city‐owned property so that any department, not just Parks, may advertise a community event • Allow on public
school property as well
Case No. ZOA‐10‐01 Staff Recommendations 2. Community Event/Sponsorship Banners • Banners on city‐owned property will be permitted through Parks – special event permit • Opportunity
for sponsorship/revenue generation • Max size of 50 SF • Parks will regulate duration (no maximum in code) • Banners on public school property controlled by the school. Existing JeffCo
School policy: • Max size of 32 SF • No maximum per site • No maximum duration 3. Signs in Right‐of‐Way May apply for ROW permit subject to specific criteria: • there are no viable alternative
locations on the subject property; • the sign is for a property with commercial or mixed use zoning; • the sign will be within right‐of‐way that is immediately adjacent to the subject
property; • the sign is not in the right‐of‐way of a state highway; • there are no immediate plans for widening the street as identified in the 5‐year Capital Investment Program (CIP)
or planning documents; • the sign is not for a site being completely redeveloped with new construction, in which case the proposed design should incorporate the sign on site; Case No.
ZOA‐10‐01 Staff Recommendations 3. Signs in Right‐of‐Way Criteria continued: • no underground utilities, except for electricity, exist in the proposed location for the sign; • the sign
does not obstruct the sidewalk or vehicular traffic; • the sign complies with sight distance triangle requirements per section 26‐603.B; • the sign is not located in the landscape buffer
or amenity zone located between the back of curb and the sidewalk; • the sign is not a pole sign; and • the sign must exclusively advertise or identify the business or operation located
only on the immediately adjacent property for which sign is permitted. Case No. ZOA‐10‐01 Staff Recommendations Case No. ZOA‐10‐01 Staff Recommendations • Allow off‐premise identification
signs through Master Sign Plan: Encourage mixed use and commercial development Envision Wheat Ridge goal: revitalize key redevelopment areas • Allow community event/sponsorship banners:
Provide convenience to the community and enhance Parks service Potential to create revenue Envision Wheat Ridge goal: provide and maintain quality core community services and facilities
• Allow limited placement of signs in adjacent ROW: Encourage investment in and improvement of commercial property Envision Wheat Ridge goal: revitalize key redevelopment areas Case
No. ZOA‐10‐01 Alternate Motions • Off‐premise sign alternate motion: – Remove references to off‐premise signs and add language to Master Sign Plan: “including off the subject property.”
• Community event/sponsorship banners: – Revise regulations on school property to match existing school policy – Remove restrictions on maximum duration on cityowned property (Parks
to monitor) • Definition of pole sign: – Remove material restriction
.. . . . • • r City of. , WheatRL-dge ITEM NO: 9. DATE: June 28, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 09-2010 -AN ORDINANCE AMENDING A PLANNED INDUSTRIAL DEVELOPMENT
OUTLINE DEVELOPMENT PLAN FOR CONSTRUCTION OF A PUBLIC FIRE STATION ON PROPERTY LOCATED AT 5250 OAK STREET (CASE NO. WZ-10-03/SKYLINE ESTATES #3) ~ PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS
QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1sT READING (06/14/2010) ~ ORDINANCES FOR 2ND READING (06/28/2010) ~ YES NO City Manager The applicant is requesting approval of an amendment
to a Planned Industrial Development (PID) Outline Development Plan (ODP) for property located at 5250 Oak Street for construction of a public fire station. This case is being processed
with a "specific" ODP which is the last step of the planned development zone change process. If approved, the applicant can proceed to administrative Final Development Plan (FOP) and
building permit. The Planning Commission recommended approval of this request at a public hearing held on May 20, 2010. PRIOR ACTION: The property in question was part of a 17.67 acre
tract which was rezoned from Agriculture-One (A-I) to Planned Residential Development (PRD) and Planned Industrial Development (PID) in 2003 as Skyline Estates, Filing 3. A subsequent
subdivision plat for the entire development and
Council Action Form -Case No. WZ-IO-03 June 28, 2010 Page 2 a Final Development Plan (FOP) for the residential portion was approved in 2004. The portion zoned PID (subject parcel) is
currently vacant, while the residential portion of the development is built-out. In 2009, the property was subject to a zone change process which was approved to add an additional permitted
use (public fire station) with a conceptual 001'. City Council held a public hearing and approved the request on March 8, 20 I O. The applicant, Arvada Fire Protection District (AFPD),
is requesting approval of a speci fic 001' so they can proceed to administrative FDP and building permit. Planning Commission reviewed the subject application at a public hearing held
on May 20, 20 10 and gave a recommendation of approval for the following reasons: I. It will allow AFPD to proceed to the administrative FDP stage and building permit. 2. The proposed
001' amendment for a specific plan is consistent with the standards established on the underlying plan. 3. The proposed use will provide a buffer and land use transition from the industrial
uses on the south side of Ridge Road to the residential neighborhood to the north. 4. The evaluation criteria support approval of the request. With the following conditions: 1. The title
of the document be modified to be Amendment No. 2. 2. Public Works' suggested language regarding an emergency signal be added to the plan. 3. On the elevation sheet, the reference to
EIFAS be changed to stucco. The applicant has incorporated all of the recommended conditions of approval into the plan set being reviewed at the June 28 public hearing. FINANCIAL IMPACT:
One-time fees for the zone change were submitted with the appl ication. A future application for administrative FOP will require a new application and processing fees . Building permit
fees and use tax will be assessed at the time of building permit. BACKGROUND: The property in question is zoned Planned Industrial Development (PID) having been rezoned from A-I , Agriculture-One,
in 2003. Of the total 17.67 acres of Skyline Estates Filing 3, the northern 14.49 acres were rezoned to Planned Residential Development (PRO), with the southern 2.79 acres zoned PID
(subject property). An 001' plan was approved which set allowable uses and general development parameters for the two different zonings within the development. The property was subsequently
subdivided into 38 parcels with the northern 37 being developed into a single family residential neighborhood. All public improvements associated with the
Council Action Form -Case No. WZ-I 0-03 June 28, 2010 Page 3 development, including the installation of curb, gutter and sidewalk and detention/drainage facilities were constructed with
the residential portion. While permitted uses and design parameters were established for the PID zoned lot, no development of the property occurred and it remains vacant. In the spring
of 20 I 0, City Council approved a request to add the use of a public fire station to the list of permitted uses in the OOP pursuant to Case No. WZ-09-09. The proposed specific OOP document
which is included in Council's June 28th packet contains the following four sheets: I). declaration page/certifications, 2). list of uses and detailed site plan, 3). exterior elevations,
and 4). perspective drawing. The existing site plan for the property (sheet 2) is a refinement of the "sketch plan" included on the recently approved conceptual OOP document. All minimum
development standards required by the conceptual OOP have been met including minimum landscaped coverage, maximum building coverage and the 35' height limitation. The one exception is
the requirement for transparency for commercial and industrial development specified in the Architectural and Site Design Manual (ASOM). The ASDM provides "transparency of ground floor
facades facing any street or pedestrian way, regardless of distance, shall be at least 60% and not more than 85% .... .. . for corner lots, the minimum percentage of transparency can
be allocated from one street fat;ade to another. At no time can the percentage of transparency on a street frontage be less than 30%." The applicant has provided an analysis of the transparency
and indicates that it is 14% on the north-facing elevation, 20% on the south-facing elevation and 19.4% on the fat;ade facing Oak Street. The transparency standard in the manual has
been written for a retail context and does not lend itself to this type of quasi-public facility. In addition, the property has three street frontages which could be considered a hardship.
Because this is a planned development, there is flexibility in application of the standards. Given the unusual site conditions and residential building appearance, Staff is comfortable
with the reduction in transparency as other requirements in the ASDM have been exceeded. The application has been through a standard City and outside agency referral process. No issues
of concern have been raised. Public Works has requested specific language be incorporated into the plan set regarding the potential need for a future emergency signal at the Ridge Road/Oak
Street intersection. That language has been added to the ODP plans. The Planning Commission staff report and minutes are attached for additional background on this application.
Council Action Fonn -Case No. WZ-I 0-03 June 28, 2010 Page 4 RECOMMENDATION: Prior to proceeding to the Final Development Plan stage and building permit, an amended Outline Development
Plan document must be approved which is consistent with the provisions for a specific ODP. Staff has concluded that the criteria used to evaluate a zone change request support approval
of this application. Staff is giving a recommendation of approval for the following reasons: • There have been changes to the area due to the construction of the three filings of the
Skyline Estates residential community. • The application is consistent with several of the identified goals in the Comprehensive Plan. • The use will have less of an impact than what
could be built on the property under the existing zoning conditions. • All infrastructure is already in place. • There will be a positive impact on the health, safety and welfare of
residences and businesses in the area due to better emergency response times and proximity of the new station. • Staff concludes that the plan amendment meets or exceeds the development
standards established by the conceptual ODP. • Although the application does not meet the transparency requirements specified in the ASDM, there are other requirements which have been
exceeded. RECOMMENDED MOTION: "I move to approve Council Bill No. 09-20 I 0, Case No. WZ-1O-03, a request for approval of an amendment to a Planned Industrial Development Outline Development
Plan to allow construction of a
public fire station on property located at 5250 Oak Street, on second reading, and that it take effect 15 days after publication for the following reasons: Or, I . The proposed ODP amendment
for a specific plan is consistent with the standards established on the underlying plan. 2. The proposed use will provide a buffer and land use transition from the industrial uses on
the south side of Ridge Road to the residential neighborhood to the north. 3. The evaluation criteria support approval of the request." " I move to postpone indefmitely Council Bill
No. 09-2010, a request for approval of an amendment to a Planned Industrial Development Outline Development Plan for the following reason(s) "
Council Action Form -Case No. WZ-IO-03 June 28, 20 I 0 Page 5 REPORT PREPARED BY: Meredith Recker!, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: I. Council
Bill No. 09-2010 2. Planning Commission minutes 3. Planning Commission staff report with exhibits
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DE MOTT Council Bill No. 09 Ordinance No. ,...,...,.. __ _ Series of 2010 TITLE: AN ORDINANCE AMENDING A PLANNED INDUSTRIAL
DEVELOPMENT OUTLINE DEVELOPMENT PLAN FOR CONSTRUCTION OF A PUBLIC FIRE STATION ON PROPERTY LOCATED AT 5250 OAK STREET (CASE NO. WZ-10-03/SKYLINE ESTATES FILING 3/ARVADA FIRE PROTECTION
DISTRICT) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Arvada Fire Protection District, approval of an amendment to a
Planned Industrial Development Outline Development Plan to allow construction of a fire station on property located at 5250 Oak Street and pursuant to the findings made based on testimony
and evidence presented at a public hearing before the Wheat Ridge City Council, an amendment to a Planned Industrial Development Outline Development Plan is approved for the following
described land: A PARCEL OF LAND SITUATED IN THE WEST Y, OF THE SOUTHWEST 'I. OF THE NORTHEAST 'I. OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 W OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
JEFFERSON, STATE OF COLORADO. LYING NORTH OF THE COUNTY ROAD KNOWN AS RIDGE ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST 'I. OF SAID
SECTION 16, THENCE NOo013'11'W, ON AND ALONG THE WEST LINE OF SAID NORTHEAST 'I., 71.25 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAD, SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING; THENCE NOo013'11'W ON AND ALONG THE WEST LINE OF SAID NORTHEAST 'I., 297.50 FEET; THENCE EASTERLY, 19.60 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID
CURVE HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 74°51'41" AND IS SUBTENDED BY A CHORD THAT BEARS N3r12'39"E, 18.23 FEET; THENCE N74°38'30"E, 78.59 FEET; THENCE EASTERLY, 71.76
FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 275.00 FEET, A CENTRAL ANGLE OF 14°51'04" AND IS SUBTENDED BY A CHORD THAT BEARS N82°01'02"E, 71 .56
FEET; THENCE N89°35'35'34"E, 140.02 FEET; THENCE SOoo04'48"E, 262.09 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID RIDGE ROAD; THENCE S74°38'30"W, ON AND ALONG SAID RIGHT
OF WAY LINE, 307.93 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 2.01 AC (87,731 SF) MORE OR LESS. ATTACHMENT 1
Section 2. Vested Property Rights. Approval of this amendment to a Planned Industrial Development Outline Development Plan does not create a vested property right. Vested property rights
may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds,
determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the
public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that
the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code
or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to
other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions,
requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements
and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote
of 8 to 0 on this 14th day of June, 2010, published by title in a newspaper and in full on the City of Wheat Ridge website and consideration on final passage set for Monday, June 28,
2010, 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
28th day of June, 2010. SIGNED by the Mayor on this ___ day of _ _____ __ , 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl,
City Attorney 2
1st publication: June 17, 2010 2nd publication: Wheat Ridge Transcript Effective Date: 3
2. Tbat tbe note on page one indicate tbat Lots 2 and 4 not be sold separately. Tbe motion carried 6-1 witb Commissioner DWYER voting no. Commissioner MA TIHEWS commented that the requirement
for an 8-0 vote from City Council required to transfer Lot 3 to anyone other than the City provides a sufficient level of safeguards for the neighborhood. (The meeting was recessed for
ten minutes at 8:10 p.m.) .' B. Case No. WZ-I0-03: An application fIled by Arvada Fire Protection District for approval of an amended Outline Development Plan (Specific ODP) to allow
a fire station on prope'rfy' zoned Planned Industrial Development and located at 5~0 'oak Street. This case was presented by Meredith Recker!. She e.htered all pertinent documents into
the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and' digital presentation. Staff recommended approval for reasQlJs, and with
conditions, as outlined in the staff report. In response to a question from COIrunissioner TIMMS, Ms. Reckert stated that that the nort~em acceSSH",ould provide for two-way traffic.
I , Comrnissioner'BRlNKMAN asked if the Architectural Design Manual was helpful as a guideline. ~s, Reckert stated that staff is finding there needs to be some inpdifications re.,gardiiig
transparency issues. It also does not apply well with industiial development. In response to a que§,tion from Commissioner TIMMS, Brad Bonnet with Allred & Associates stated thilt the
timing has not changed. They plan to begin construCtion in fall of this year. '1' \ . . , rl -In response tq-a question from Commissioner GOKEY, Chad Hiatt with the Arvada Fire District
stated that the station design will easily accommodate future development of the area. It is a 50-year facility, at the least. Chair MA rrHEWS opened the public hearing. Roy Esbbaugb
Mr. Eshbaugh stated that he was appearing on behalf of about twenty neighbors that live in the area. The neighborhood has been assured that noise won't be much of problem and they are
looking looking forward to having the fire station in the neighborhood. Planning Commission Minutes A TT A CHMENT 2 May 20, 2010
8. Chair MA TIHEWS asked if there were others who wished to speak. Hearing no response, he closed the public hearing. It was moved by Commissioner BUCKNAM and seconded by Commissioner
GOKEY to recommend approval of Case No. WZ-IO-03, a request for approval of an amendment to the Outline Development Plan for Lot 1 of Block 4 of Skyline Estates #3 to meet the provisions
for a specific ODP for construction of a fire station at 5250 Oak Street for the following reasons: 1. It will allow AFPD to proceed to the administrative FDP stage and building permit.
2. The proposed ODP amendment for a Specific~Ian is consistent with the standards established on the underlying plan. 3. The proposed use will provide a buffer and land use transition
from the industrial uses on the south side of Ridge Road to 1he, residential neighborhood to the north.-4. The evaluation criteria support approval of the request. With the following
conditions: 1. The title of the document b~ modified to be Amendment No.2. 2. Public Works' suggested language ~e~arding ail 'emergency signal be added to the plan. , ." . 3. On th~
elevatipll, sheet, the reference to ElF AS be changed to stucco. ; f; -"'¥ The motion carried 7-(1: 011HER ITEMS ., , 1t was moved br t=ommlssioner BRlNKMAN and seconded by Commissioner
DWYER til:a"journ the regular meeting to study session at 8:1~ p.. m. The motion passed 6-1 with Commissioner GOKEY voting no. . Study Session -MiXed Use Zoning Update ~ ,;~ Sarah Showalter
reviewed Draft 2 of the proposed mixed use zoning code which highlighted revfsions that were made since the last study session. Based on feedback from the mixed use zoning task force
and open house held on May 12, several key items will be updated in Draft 3 including building heights; autooriented uses; mixed use requirements for mixed large sites (over 5 acres);
residential transitions; and potentially provisions for nonconforming properties. Due to time restraints, several items including auto-oriented uses, mixed use requirements for large
sites, and paving maximums will be discussed at the next study session on June 3. Planning Commission Minutes 6 May 20, 2010
City of ~Wheat&""dge ~OMMUNITY DEVELOPMENT CITY OF WHEAT RfDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCA T10N
OF REQUEST: APPLICANT: PROPERTY OWNER: PRESENT ZONING: CURRENT USE: ENTER INTO RECORD: COMPREHENSNE PLAN ZONING ORDINANCE Planning Commission WZ-t 0-03/AFPD CASE MANAGER: M. Reckert
May 20, 2010 WZ-IO-03/Skyline Estates #3 Approval of an amendment to a PID Outline Development Plan 5250 Oak Street Arvada Fire Protection District Same PID, Planned lndustrial Development
Vacant CASE FILE & PACKET MATERIALS DfGITAL PRESENTATION ATTACHMENT 3 1
All notification and posting requirements have been met; therefore, there is jurisdiction lO hear this case. I. REQUEST This application is for approval of an amendment to an existing
Planned Industrial Development Outl.ine Development Plan (ODP) for properly located at 5250 Oak Street. In order for the applicant to proceed to the Final Development Plan (FOP) stage
and building permit, an amendment to the approved ODP plan, which is conceptual, must be processed in accordance with Article ill of the zoning and development code. This application
must be consistent with the requirements for a specific ODP as outlined under section 26-308.C. II. EXISTING CONDITIONSIPROPERTY HISTORY The property which was originally comprised of
I 7.67 acres was rezoned and subdivided in 2003. The plat showed 38 lots of which 37 lots were zoned PRD and approved for single family residential development. The remaining lot which
is the subject site, was zoned Planned Industrial Development. The plat for the original development accommodated street dedication for all streets in the development including Oak,
Nelson and 53rd Avenue. Drainage and open space tracts dispersed through the development were also reserved. All improvements were constructed with the residential portion of the development,
in addition to drainage improvements on the subject site including a large detention easement along the west and a conveyance channel for the Columbine Basin adjacent to Ridge Road.
In 2009, the property was subject lO a zone change process which was approved to add an additional permitted use (public fire station). A conceptual ODP was approved which accompanied
the modification to the existing zoning on the property. Although more information was provided than needed for the conceptual ODP, some of the technical requirements weren't included
in the application, therefore it was considered conceptual. (Exhibit 1, conceptual ODP) As such, the following note was included on the plan face. "This outLine deveLopment pLan is conceptual
in nature. Specific deveLopment eLements such as site Layout and building architecture have not beel! addressed on this document. As a resuLt, a nonadministrative amendment to this outLine
deveLopment pLan must be submiued and approved by the City of Wheat Ridge prior to the submit/a I of a finaL deveLopment pLan and any subsequent site deveLopment. " No other modifications
were made to the original Outline Development Plan which was reviewed by Planning Commission and recommended for approval at a public hearing on January 21, 2010. (Exhibit 2, Planning
Commission minutes) City Council approved the request on March 8, 20 I O. (Exhibit 3, City Council minutes) Planning Commission WZ-JO-03/AFPD 2
Ill. AMENDED OUTLINE DEVELOPMENT PLAN The proposed amended ODP document contains the following four sheets: I). declarat ion page/certifications, 2). list of uses and detailed site plan,
3). exterior elevations. and 4). perspective drawi ng. (Exhibit 4, Amended ODP) Allowable Uses: Permitted uses on the property detailed on page 2 include vet clinics. general retail
including furniture and grocery stores. and several light industrial uses >uch as oFfice/warehouses. The 2009 ODP amendment added fire stations as a permitted use. Site Plan, Access,
Parking and Circulation: The existing site plan for the property (sheet 2) is a refinement of the "sketch plan" included on sheet 4 of the existi ng ODP document. The structure is located
in the southern portion of the lot with one-way circulation in and out from Oak Street. The plan envisions fire trucks ci rcul ating into the northern access point. entering the rear
of the building through overhead doors and ex iting from the front through another set of overhead doors onto Oak Street. Employee parking is proposed off the northern entrance with
public parking off of the southern drive (exit) to Oak. The southern curb cut is large enough to accommodate two-way traffic. The proposed driveways will cross a 50' wide drainage easement
adjacent to Oak Street via culverts. The streets surrounding the property (53'd Avenue, Oak Street and Ridge road) have been improved with curb, gutter and sidewalk. Pedestrian access
into the site is provided at the south side of the southern curb cut to Oak which has the closest proximity to the front door of the station. A preliminary traffic study was submitted
and approved by Public Works with this application. Although an emergency access signal for fire trucks at the OaklRidge Road intersection is not needed at this time, they have suggested
modified language be added regarding future installation at the expense of the Fire District, if warranted. This note should read as follows: " [f the Arvada Fire Protection District
determines that a traffic control signal for emergency vehicle access is justified at the intersection of Ridge Road and Oak Street in accordance with Chapter 4G of the MUTCD, before
the intersection meets the warrants of Chapter 4C of the MUTCD, then the full cost of the design and installation of the traffic control signal shall be the sole responsibility of the
Arvada Fire Protection Distri ct." Landscaping: The existing ODP set the minimum amount of landscaping at 20%. The landscaped coverage depicted on the site plan is 66.1 %. A more detailed
landscape plan will be required at the time of administrative FDP approval. Building HeightlMinimum Setbacks: Consistent with the previous ODP for the property, a maximum building height
is specified as 35'. The building is roughly 28' in height measured at mid-roof for the highest roofline of the structure. Development Standards: The development standards depicted in
the table below are shown as minimum standards on the conceptual ODP. The table provides a comparison with what's provided or required by the existing ODP and what is being shown on
the proposed amended ODP. Planning Commission WZ-t 0-03/AFrD 3
Development Standard Conceptual ODP Specific ODP Min. Front setback (west side) 50' 69.5' Min. Side setback (north side) 30' 121.75' Min. Side setback (south side) 30' 64.5' Min. landscaping
20% 66.1% Max. coverage by building and 80% 33.9% paving Parking II required 16 provided Fencing Per section 26-603 complies Signage Per Article VII complies Architecture Per ASDM See
discussion below Lighting will be reviewed at the time of Final Development Plan with submission of a lighting and photomeu'ic plan. A detailed landscape plan will also be reviewed at
the time ofFDP submittal. Architectural Elevations: The Architectural and Site Design Manual (ASDM) requires careful and purposeful architectural considerations be taken into account
to ensure that any newly constructed building will be of quality design and contain differing levels of architectural interesl. These requirements apply to all new development except
single and two family residences. Staff bas reviewed the ASDM and done an analysis with the commerciallinduSU'ial standards and has concluded the following: • An internal pedestrian
connection has been provided from the public street (Oak) to and around the structure. • A significant pedestrian entry feature for the primary entrance has been provided. • Variations
in plane depth have been provided for each 50 linear feet of building fa<;ade. • Building facade articulation features include changes of material, accent banding, reveals and roof overhang
variations. • A variety of materials are provided including brick, stucco and stone. • Mechanical equipment is screened by brick walls. • Landscaped buffers exceeding 10' have been provided
along all street frontages. • Signage is minimal and has been integrated into the brick wall system around the building. The structure however, does not meet the standard for transparency.
The ASDM provides "transparency of ground floor facades facing any street or pedestrian way, regardless of distance, shall be at least 60% and not more than 85% ....... for corner lots,
the minimum percentage of transparency can be allocated from one street fa<;ade to another. At no time can the percentage of transparency on a street frontage be less than 30%." The
applicant has provided an analysis of the transparency and indicates that it is 14% on the northfacing e levation, 20% on the south-facing elevation and 19.4% on the fa<;ade facing Oak
Street. (Exhibit 5, Transparency analysis) The applicant has included a rationale for their design and the resu ltant transparency. (Exhibit 6, Applicant response) Planning Commission
WZ-to-03/AFPO 4
10 review of this standard in the manual, it appears to have been written for a retail situation and does not lend itself to this type of quasi-public facility. In addition, the property
has three street frontages which could he considered somewhat of a hardship. Because this is a planned development, there is flexibility in application of the standards. Given the unusual
site conditions and residential building appearance, Staff is comfortable with the reduction in transparency as other requirements in the ASDM have been exceeded. IV. ZONE CHANGE CRITERIA
Because an amendment to an existing ODP is processed as a rezoning, Staff has provided an analysis of the zone change criteria. The Planning Commission shall base its recommendation
in consideration of the extent to which the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat
Ridge is in error; There is not a mistake on the official city maps. The property is zoned Planned Industrial Development. 2. A change in character in the area has occurred due to installation
of public facilities, other zone changes, new growth trends, deterioration, or development transitions, There have been changes to the area due to the construction of the three filings
of the Skyline Estates residential community. When the filing in Wheat Ridge was in process, the City of Arvada had zoned the southern portion of Skyline #2 directly to the west as Industrial.
When the zone change for filing No.3 (subject property) was submitted to the City of Wheat Ridge, it was logical to extend the Arvada zoning with industrial uses adjacent to Ridge Road.
Subsequent to the City's approval, the Arvada property was rezoned to PUD-R (9.2 units/acre). The Arvada property has now been partially developed with multi-family residential development.
Ridge Road is classified a collector street. The most recent traffic count (2008) indicates 3732 vehicle trips per day on this section. This is also a corridor for the Fastracks Goldline
commuter rail line planned for construction in 2016. The rail corridor will provide commuter rail service to downtown Denver from stations in Arvada and Wheat Ridge. City staff has been
working with RTD on design of the station site at Ward and 50th . Other changes in tbe area include the continued development of tbe Arvada Ridge development which will have a light
rail stop at the northern end. Staff concludes that this criterion has been met. The Planning Commission shall also fInd that the evidence supports the finding of at least four of the
following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies or plans for the area; Planning Conunission WZ-IO-03/AFPD 5
The property is designated as an Employment area on the Comprehensive Plan Structure Plan transitioning to Established Neighborhoods to tbe north. Employment areas are described as existing
light manufacturing, storage, warehouse, and other industrial-related uses where adequate screening is provided for adjacent residential neighborhoods. While the proposed fue station
use does not fit a typical industrial project, it will provide jobs for area residents. Other goals being met include the transportation strategy to coordinate transit service with new
redevelopment sites and the community service strategy to coordinate with non-city service providers to encourage residential design for their facilities and to provide buffering for
adjacent residential neighborhoods. Staff concludes that this criterion has been met. b. The proposed change of zone is compatible with the surrounding area and there will be minimal
adverse impacts considering the benefits to be derived; The property is zoned industrially and allows a list of permitted uses which include office/warehouse, screened outside storage,
light manufacturing and assembly. While there is heavy industrial development located directly to the soutb across Ridge Road, there is adjacent residential development on three sides.
A fire station may have impacts such as noise and large vehicles entering and exiting the site; however, the use is less impactive than what could be built on the property under the
existing zoning conditions. The fire station will serve as a transition and buffer from the heavy industrial uses to tbe south. The station has been designed to be visually compatible
with the adjacent residential development. Staff concludes that this criterion has been met. c. There will be social, recreational, pbysical and/or economic benefits to the community
derived by the change of zone; There have already been physical benefits associated with the development due to the construction of public improvements along all four street frontages
adjacent to the site. Other than one-time fees for construction of the building, economic benefits to the city will be minimal Staff concludes that this criterion has been met. d. Adequate
infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under
capacity; All infrastructure is already in place. The applicant will be responsible for any other utility upgrades for the site upon development. Staff concludes that this criterion
has been met. Planning Cotrunission WZ-J 0-03/AFPD 6
e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and
air to adjacent properties; The architectural design drawings of the structure on sheets 3 and 4 of the plan set indicate that the station will have a residential appearance with varied
roonines and brick facades. All drainage improvements on the property have already been constructed so this should not be a concern. A preliminary drainage report has been reviewed and
approved. Traffic to the site is limited to Oak Street. A preliminary traffic analysis su~mitted with this application has indicated that an emergency signal at the intersection of Oak
and Ridge Road is not needed at this time. Public Works has suggested language that should be added to the plan as a note. There will be a positive impact on the health, safety and welfare
of residences and businesses in the area due to better emergency response times and proximity of the new station. Staff concludes that this criterion has been met. 3. The application
is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The applicant has submitted an application for a specific ODP which
requires analysis with the commercial and industrial standards in the ASDM. Staff has concluded that aside from the transparency requirements, the elevations and site design are consistent
or exceed the standards required in the Architectural and Site Design Manual. Staff concludes that this criterion has been met. V. NEIGHBORHOOD MEETING The required pre-application meeting
for neighborhood input was held on March 21, 20 I O. There were no representatives from the neighborhood in attendance. VI. AGENCY REFERRALS A referral was sent out based regarding the
request with responses below. Arvada Fire Protection District: Currently serving the property from stations located at 12195 W. 52nd Avenue and 7900 W. 57th Avenue. Valley Water District:
Can serve the property subject to improvements. Additional looped water main lines, fire hydrants and fire sprinkler lines may be needed to be installed at the owners' expense. Qwest
Communications: Can serve. Xcel Energy: Can serve Planning Commission WZ-l 0-03/AFPD 7
Wheat Ridge Public Works: Has reviewed and approved preliminary drainage report and traffic analysis. They are requesting the following note be added to the ODP: "If the Arvada Fire
Protection District determines that a traffic control signal for emergency vehicle access is justified at the intersection of Ridge Road and Oak Street in accordance with Chapter 4G
of the MUTCD, before the intersection meets the warrants of Chapter 4C of the MUTCD, then the full cost of the design and installation of the traffic control signal shall be the sole
responsibility of the Arvada Fire Protection District." VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that prior to proceeding to the Final Development Plan stage and
building permit, an amended ODP document must be approved which is consistent with the provisions for a specific outline development plan. With the exception of far;:ade transparency,
Staff concludes that the plan amendment meets or exceeds the development standards established by the original ODP and that the zone change evaluation criteria support approval of this
request. For these reasons, a recommendation of approval with conditions is given as detailed in the recommended motion . VIII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL
of Case No. WZ-lO-03, a request for approval of a an amendment to the Outline Development Plan for Lot I of Block 4 of Skyline Estates #3 to meet the provisions for a specific ODP for
construction of a fire station at 5250 Oak Street for the following reasons: l. It will allow AFPD to proceed to the administrative FDP stage and building permit. 2. The proposed ODP
amendment for a specific plan is consistent with the standards established on the underlying plan.
3. The proposed use will provide a buffer and land use transition from the industrial uses on the south side of Ridge Road to the residential neighborhood to the north. 4. The evaluation
criteria support approval of the request. With the following conditions: l. The title of the document be modified to be Amendment No.2. 2. Public Works' suggested language regarding
an emergency signal be added to the plan." Opt ion B: "I move to recommend DENIAL of Case No. WZ-1O-03, a request for approval of a an amendment to the Outline Development Plan for Lot
I of Block 4 of Skyline Estates #3 to meet the provisions for a speci fie ODP for construction of a fire station at 5250 Oak Street for the following reasons: l. 2. 3." Planning Commission
WZ-I 0-03/AFPO 8
,,\.,,( ~ ~ Cityof . ?WheatRLdge PLANNING COMMISSION Minutes of Meeting January 21, 2010 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair DWYER at 7:00 p.m. in the
City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Anne Brinkman
John Dwyer Henry Hollender Dick Matthews Steve Timms Jim Chilvers Marc Dietrick Staff Members Present: Meredith Reckert, Senior Planner Ann Lazzeri, Recording Secretary 3. PLEDGE OF
ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner MATTHEWS and seconded by Commissioner TIMMS to approve the order of the agenda with the addition of the following
items: Appointment of new Planning Commission representatives and an announcement by Commissioner Hollender. The motion passed 5-0. 5. APPROVAL OF MINUTES -November 19, 2009 It was moved
by Commissioner MATTHEWS and seconded by Commissioner TIMMS to approve the minutes of November 19,2009 as presented. The motion carried 5-0. Planning Commission Minutes January 21, 2010
EXHIBIT 2
r 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one present to address the Commission. 7. PUBLIC HEARING A. Case
No. WZ-09-09 -An application filed by Arvada Fire Protection District for approval of an Outline Development Plan amendment to allow a fire station on property zoned Planned Industrial
Development (PID) and located at 5250 Oak Street. The case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission 'there was
jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff concluded that the proposed modification to the original uses specified on the Skyline Estates
Filing 3 ODP must be processed as a zone change and that criteria used to evaluate a change of zoning conditions supports approval of the modification for this lot only. A recommendation
of approval was given with conditions as outlined in the staff report. Commissioner BRINKMAN asked if staff believed parking to be adequate. Ms. Reckert replied that this is a different
situation than most parking requirements and would be examined more closely at the time of specific design. Commissioner HOLLENDER asked what would happen to the existing detention ponds.
Ms. Reckert stated that these ponds are regional and serve the developments. A drainage plan will have to be approved. In response to questions from Commissioner TIMMS, Ms. Reckert explained
that a photometric plan will be required at time of development. In regard to landscaping, she explained that irrigation would be required and native seed would be allowed. Commissioner
DWYER expressed concern that there will be no access onto Ridge Road. Ms. Reckert stated that Ridge Road is a collector street, and it is policy not to have direct access onto collectors.
A traffic analysis has been done. John Greer, Chief Arvada Fire Protection District Chief Greer stated that the proposed station would replace Station #2 and would be one mile closer
to the busiest census area of Kipling and 1-70 while allowing protection to the area provided by the present Station #2. This amounts to about 90 seconds less in response time. He stated
that sirens and flashing lights are not activated until after trucks have left the station. Lights would be angled to prevent spillage into residential structures. There will be no hazardous
materials stored on the site. Diesel fuel will be stored in an approved above-ground tank which will be enclosed in a bricked-in area. The station will have sleeping space Planning Commission
Minutes 2 January 21. 2010 ! I. i I ; I
for 6 individuals and parking space for 13 vehicles. Extra vehicle storage will not be allowed. Commissioner MATTHEWS asked about access across light rail. Chief Greer explained that
they will use Miller Street. In response to a question from Commissioner HOLLENDER, Chief Greer stated that he is satisfied with the Oak Street access. The station is a drive-through
design so trucks don't have to back up. In response to a question from Commissioner TIMMS, Chief Greer stated that Station #2 currently gets about two calls per day. The amount of calls
will be increased at the proposed station. He stated that it also looks hopeful that funding will be available and the station could be constructed in about a year. At the request of
Commissioner TIMMS, Brad Bonnet, the architect, presented architectural renderings of the station. He commented that the station would provide a buffer from the Coors industrial park.
In response to a question from Commissioner BRINKMAN, Chief Greer explained that the fire department contracts with Pridemark for ambulance services and those vehicles will not be stationed
and dispatched at the firehouse. Commissioner BRINKMAN asked if there would be a future need for additional sleeping space at the station. Chief Greer explained that any future additional
firefighters will be housed at Station #1 . Joseph E. DeMott Wheat Ridge City Council -District IV Mr. DeMott stated that he lives in Skyline Estates near the proposed station. He stated
that he is in favor of the station and, in talking with his neighbors, he has heard no negative comments. Chair DWYER asked if there were others who wished to address the Commission.
Hearing no response, he closed the public hearing. Commissioner MATTHEWS commented that access onto Ridge Road is not for the Commission's consideration at this time. Commissioner TIMMS
stated that he would vote in favor of the application. He commented that a fire station is a much better use at this location than some of the industrial uses allowed by the present
zoning. Commissioner HOLLENDER stated that he strongly supports the fire station at this location, but suggested that the access question be reconsidered. Commissioner MATTHEWS commended
the Arvada Fire Department on the pleasing design of the proposed station. Planning Commission Minutes 3 January 21, 2010 I,· ,I I I"-i '. I..
It was moved by Commissioner TIMMS and seconded by Commissioner MATTHEWS to recommend approval of Case No. WZ-09-09, a request for approval of an amendment to the Skyline Estates Filing
#3 Outline Development Plan for Lot 1 of Block 4 to allow the additional use of a fire station on property located at approximately 5250 Oak Street for the following reasons: 1. The
proposed use is less impactive than existing uses allowed on the property. 2. The proposed use will provide a buffer and land use transition from the industrial uses on the south side
of Ridge Road to the residential neighborhood to the north. 3. The evaluation criteria support approval of the request. With the following conditions: 1. A preliminary drainage report
be submitted at the time of specific ODP. 2. A traffic analysis be submitted at the time ofspecific ODP. The motion passed 5-0. 8. OTHER ITEMS A. Resolution Designating a Public Place
for Posting of Meeting Notices It was moved by Commissioner MATTHEWS and seconded by Commissioner HOLLENDER to approve Resolution No. 01-2010, a resolution establishing a designated
public place for the posting of meeting notices as required by the Colorado Open Meetings Law. Commissioner BRINKMAN offered a friendly amendment to include the City's website as an
additional location for the posting of meeting notices. The amendment was accepted by Commissioners MATTHEWS and HOLLENDER. The amended motion passed unanimously. B. Mixed Use Forum
-Northwest Subarea Plan Update Meredith Reckert stated that a forum was held last week with about 35 people from the Wadsworth corridor area to discuss new regulations concerning a mixed
use zone district. She invited Commissioners to attend another forum to be held regarding the TOD area around 50th and Ward. There will be a future forum concerning the Kipling north
of 44th area. Planning Commission Minutes 4 January 21, 2010
CITY OF WHEAT RIDGE, COLORADO March 8, 2010 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Karen Berry, Joseph DeMott,
Joyce Jay, Tracy Langworthy, Davis Reinhart, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Community
Development, Kenneth Johnstone; Director of Public Works, Tim Paranto; Senior Planner, Meredith Reckert; Assistant to the City Manager, Heather Geyer; staff; and interested citizens.
APPROVAL OF MINUTES OF February 22, 2010 Motion by Mr. Stites for approval of the Minutes of February 22, 2010; seconded by Mrs. Sang; Motion by Mr. Reinhart to amend the Minutes, page
three, in his motion to approve: ..... satisfying, INSERT four (not three) of the seven ..... ; Mr. Stites and Mrs. Sang agreed to the amendment. Motion to approve the amended Minutes
carried 8-0. PROCLAMATIONS AND CEREMONIES Randy Ketelson -Citizen Award Chief Brennan recognized Mr. Ketelson on behalf of the Wheat Ridge Police Department for allowing his retail location
being the designated as the emergency shelter for Pennington Elementary students for many year and for allowing the student drills to take place on his showroom floor each year. Proclamation
-LiveStrong Day at Wheat Ridge Cyclery March 27, 2010 Ron Kiefel; bike ride leaving shop on the 2ih; Rich Easton, organizer of the LiveStrong bike event that will leave the Wheat Ridge
Cyclery shop on March 2ih The event is devoted to cancer survivors. Cancer survivors and interested citizens may obtain information and support at LiveStrong.com. All community members
are invited to attend and participate in the event, to learn about LiveStrong and to donate to this successful organization. Proclamation -National Multiple Sclerosis Awareness Week
March 8-12, 2010 Mrs. Wheat Ridge read the proclamation. EXHIBIT 3
CITY COUNCIL MINUTES: March 8, 2010 CITIZENS' RIGHT TO SPEAK Page -2-Fire Chief Steven Gillespie informed voters in Wheat Ridge on the upcoming Fire District Election to fill three vacancies
on the Board and seek approval of a Mill Levy increase. This is not a polling place election, but rather a mail ballot election. Ballots will be mailed to all eligible electors and must
be returned to 3880 Upham Street; 303-403-5900. www.wrfire.org by election day on May 4th , 2010. Door to door campaigning by Fire Department members will be starting March 20th on Saturdays
for the six weeks prior to election day. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 02-2010 -amending a Planned Industrial Development Outline Development Plan
to allow an additional use on property located at approximately 5250 Oak Street. (Case No. WZ-09-09/Skyline Estates Filing 3/Arvada Fire Protection District) Mayor DiTullio opened the
public hearing. Council Bill 02-2010 was introduced on second reading by Mrs. Langworthy. City Clerk Michael Snow assigned Ordinance No. 1458. Mr. DeMott acknowledged his having several
instances of ex-parte contact on the subject of this application due to the close proximity of his home to the site in question. Mr. DeMott recused himself from the Public Hearing and
Council vote and apologized to the community and Council for his mistake in having these contacts with neighbors as a freshman Council Member. Mr. DeMott left the Council Chambers for
the duration of the hearing. Meredith Reckert presented the staff report. John Greer, Arvada Fire Protection District Chief, explained why Arvada would be speaking at a Wheat Ridge Council
meeting in that those regions north of Clear Creek are served by the AFPD. Mayor DiTullio closed the public hearing. Motion by Mrs. Langworthy to approve Council Bill 02-2010 (Ordinance
1458) on second reading, and that it take effect 15 days after final publication, for the following reasons: 1. The proposed use will have less of an impact than existing uses allowed
on the property. 2. The proposed use will provide a buffer and land use transition from the industrial uses on the south side of Ridge Road to the residential neighborhood to the north.
3. The evaluation criteria support approval of the request. With the following conditions: 1. A preliminary drainage report will be submitted at the time of specific ODP. 2. A traffic
analysis will be submitted at the time of specific ODP. Seconded by Mrs. Sang and Mrs. Jay; carried 7-0.
rl j i~ --; ~ "7 ~ ;.... :l /1 " \\,1 ----' ,,.. ...,., -~~ '-EXHIBIT 5
ALLRED&ASSOCIA TES Archi lecl."" ?O'lning 580 Burbank. Suite 125, Broomfield. Colorodo B0020 Tel (303) 465 4300 Fax (303) 465 4367 'MY\Ii ;,,!lIrad;'! fcl" com 13 May, 2010 Mrs. Meredith
Reckert Senior Planner City of Wheat Ridge 7500 West 29'" Avenue Inl",r (l' Des flo Wheat Ridge, Colorado 80033-8001 (P) 303.235.2846 (E) mreckell@..ci wbeJ!j ridge co us RE: Arvada
Fire Protection D.strict Fire Station #2 5250 Oak Street Wheat Ridge, Colorado Allred Project #0915 Dear Meredith, per your letter dated March 15, 2010 (or the Arvada Fire Protection
District ODP for Fire Station #2, your comment for page 3, question #2 reads as follows: "The Architectural and Site Design Manual specifies that ground floor facades facing streets
shall have at least 60% transparency. For corner lots, the minimum percentage o( transparency can be allocated from one street fa'<8de to another. At no time can the percent of transparency
on a street front be less than 30%. Please provide an analysis of the transparency of the facades facing Ridge, Oak and W. 53'· Avenue: Our project team has designed fire station #2
with the contextual understanding of the surrounding neighborhood development and with the use of durable and the function needs for Arvada Fire Protection District and their staffed
fire fighters. Therefore, the proposed fire station does not have a commercial design feel with the use of ribbon storefront glazing that would be required to meet the 60% transparency
requirements as indicated above. This proposed fire station accommodates sleeping quarters and living spaces for the fire fighters as well as emergency vehicle bays. Because of these
uses the proposed fire station has a more "residential" feel to the design rather than a commercial street front design. Energy efficiency is also a major concern for Arvada Fire Protection
District. Because of this the overhead doors are not an all glazing system that can only provide an R-Value o( approximately 2.5. The proposed overhead doors have a 1" insulated glazing
section to allow fire fighters to see out and the public to see in with insulated sections to obtain an R-Value of approximately 10. Due to the EXHIBIT 6
RESPONSES-CONTINUED ( east and west facing overhead doors the heating load requirements dUring the winter months and the cooling loads dunng the summer months are greatly aHected by
the R value of the overhead doors All windows use a 1 Insulated glass I hope thiS answers some of you concerns and If you need any further Information from our office please do not heSItate
to call Sincerely Brad R Bonnet cc File Chief Jon Greer Arvada Fire P'otectlon D,slnct
1 Case No. WZ-10-03 Skyline Estates #3/AFPD Approval of an amendment to a Planned Industrial Development Outline Development Plan on property located at approx. 5250 Oak Street City
Council June 28, 2010 Site site City of Arvada Zoning map Tract H Subject property Platted lot ODP Sheet 2 ODP Sheet 4
2 Looking north on Oak Looking west on Ridge Looking northeast from Oak Street Looking southeast from Oak Looking east along 53rd Looking south on Nelson
3 Looking east along Ridge Road Amended ODP – sheet 1 Amended ODP – Sheet 2 Architecture Per ASDM See discussion below Signage Per Article VII complies Fencing Per section 26-603 complies
Parking 11 required 16 provided Max. coverage by building 80% 33.9% and paving Min. landscaping 20% 66.1% Min. Side setback (south 30’ 64.5’ side) Min. Side setback (north 30’ 121.75’
side) Min. Front setback (west 50’ 69.5’ side) Development Standard Conceptual ODP Specific ODP Comparison of ODP standards Amended ODP – Sheet 3 Transparency analysis
4 Amended ODP – Sheet 4 Agency referrals AFPD: Can serve. Valley Water: Can serve. Addt’l looped water lines, main lines, hydrants and fire lines. Qwest Communications: Can serve. Xcel
Energy: Can serve. WR Public Works: Has reviewed and approved a preliminary drainage report and traffic analysis. Their suggested language has been added regarding emergency signal installation.
Neighborhood meeting • Held on March 21, 2010 • No neighbors or other property owners in attendance. Staff Conclusions • Changed conditions due to residential development on three sides
and future construction of Goldline. • Meets several goals of the Comp Plan. • Proposed use is less impactive than what allowed under PID. • Proposed use would serve as a transition
and buffer from Ridge into the neighborhood. • All public infrastructure in place. • Positive impact on health, safety and welfare due to better fire protection. • Design is generally
consistent with ASDM. Planning Commission recommendation Recommended approval with conditions at a public hearing held on May 20, 2010. Conditions 1. Title of document be modified to
Amendment No. 2. 2. Public Works language re. signal be included. 3. On elevation sheet, reference to EIFS be changed to stucco. All conditions incorporated. Staff recommendation of
approval with no conditions. Questions?
City of ? WheatRl...dge ITEM NO: it:. DATE: June 28, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 10-2010 AN ORDINANCE AMENDING SECTION 22-68 OF THE WHEAT RIDGE CODE
OF LAWS TO PERMIT WAIVER OF USE TAX ~ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIALj ISSUE: o ORDINANCES FOR 1ST READING (6/14/2010) ~ ORDINANCES FOR 2ND READING (6/28/2010)
DYES ~ NO City Manager Section 22-68 of the Wheat Ridge Code of Laws establishes the requirement to pay use tax on construction materials for all construction projects within the City,
without exception. Chapter 22, Division 5 of the Wheat Ridge Code of Laws establishes a Business Development Zone Program. That program allows the City Council to establish Business
Development Zones and within those Zones, waive certain fees and taxes that would otherwise apply to new development and redevelopment. Specifically, Section 22-87 establishes el igible
fees that can be waived through the program to include: use tax on building materials, building permit fees and zoning fees . Section 22-68 and Section 22-87 are internally in conflict.
The proposed ordinance would clarify in the Code of Laws that certain fee waivers can be approved by City Council through the Business Development Zone Program. PRIOR ACTION: City Council
has been briefed on the Business Development Zone Program and the conflicting statutes at a previous study session. The previous briefing also included a discussion of the package of
City and Renewal Wheat Ridge development incentives that are being developed as part of the City's economic development strategic planning efforts. The package of incentives, when finalized,
will be presented at a future City Council Study Session.
Council Action Form June 28, 20 I 0 Page 2 FINANCIAL IMPACT: The Business Development Zone Program allows City Council to waive all, or a portion of the building use tax and building
permit and zoning fees on eligible projects. Those fees and taxes would otherwise generate revenue into the City's general fund. However, the intent of the program is that the development
that is created through the program will create either direct financial benefit to the City through increased use tax or indirect financial bene lit to the City by stimulating additional
development in the surrounding area. BACKGROUND: The Business Development Zone Program has been established in the municipal code as an incentive to stimulate development and reinvestment
in targeted areas of the City. The program gives City Council the ability to establish Business Development Zones. Within those Zones, upon application from a private entity, the City
Council can then waive all or a portion of the building permit and zoning fees and building use tax that would otherwise be assessed in association with the development that occurs.
The program has certain application requirements and the intent of the program is that over time, the development itself, or the spillover development that occurs as a result of the
development, will offset the fees that are initially waived. The fees that are waived need to be funneled back into the project, to offset specific development costs. Preference is to
be given to projects where the fees waived go to offset project costs that have a public or quasi-public benefit. The Program provides criteria for City Council to use in reviewing applications
for waivers, including: the amount of public benefit to be derived from the project, the amount of future incremental sales and use tax to be generated as a result of the redevelopment;
and compliance with the City's comprehensive plan. City Council also has the ability to grant exceptions to specific provisions of the Program, by V. vote of City Council, upon a finding
that the proposed development is in the public's interest and will provide substantial public benefit. RECOMMENDATIONS: Staff is recommending approval of the ordinance, which would correct
the discrepancy in the Code of Laws whereby the Business Development Zone Program is in direct conflict with the prohibition from waiving building material use tax contained in Section
22-68. We believe this is the simplest way to allow City Council to establish specific Business Development Zones and consider requests to waive building permit fees and use tax for
future development and redevelopment projects in the City. Alternatively, the City Council discussed two other options: I) create a new program that would give City Council the ability
to waive certain building permit fees and building use tax for targeted projects; and 2) amend the Business Development Zone Program to apply to a broader range of development scenarios.
Staff does not believe it is necessary to create a new program or alter the existing program.
Council Action Form June 28, 20 I 0 Page 3 RECOMMENDED MOTION: " I move to approve Council Bill No. 10-20 lOon second reading, order it published, and that it will take effect 15 days
after publication." Or, "I move to indefinitely postpone Council Bill No. 10-2010 for the following reason(s) " REPORT PREPARED BY: Kenneth Johnstone, Community Development Director
ATTACHMENTS: 1. Council Bill No. 10-2010
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 10 Ordinance No . .,-__ _ Series 2010 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO
PERMIT WAIVER OF USE TAX WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council
has exercised these powers by the adoption of Chapter 22 of the Wheat Ridge Code of Laws concerning taxation; and WHEREAS, the Council has adopted a use tax on building materials and
supplies; and WHEREAS, Article I, Division 5 of said Chapter 22, entitled "Business Development Zone," provides for the waiver of use taxes and certain other City fees in connection
with eligible development or redevelopment projects; and WHEREAS, the Council wishes to enhance the effectiveness of the Business Development Zone program by reference thereto in the
section of the Code of Laws pertaining to the use tax. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Section 22-68 Amended Section
22-68 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (c). to read as follows: (c) The city council may approve waivers of the use tax imposed by this
section through the Wheat Ridge Business Development Zone program established at code sections 22-86 through 22-96. 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. ATTACHMENT 1
Section 3. Effective Date. This Ordinance shall take effect fifteen (1 5) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first
reading by a vote of 8 to 0 on this 14th day of June, 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 Monday, the 28th day of June, 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. SIGNED by the Mayor on this _ _ day of _____ , 2010. ATTEST: Michael Snow, City Clerk First Publication: June 17, 2010
Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney
, < . • City o r • p WheatRL-dge ITEMNO:~\ DATE: June 28, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2010 -AN ORDINANCE EXTENDING THE MORATORIUM ENACTED BY SECTION
2 OF ORDINANCE 1453, SERIES 2009 ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A CITY OF WHEAT RIDGE PERMIT OR LICENSE RELATED TO THE OPERATION OF A
BUSINESS OR COOPERATIVE THAT SELLS OR CULTIVATES MEDICAL MARIJUANA ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1ST READING (06/14/2010) ~ ORDINANCES
FOR 2ND READING (06/28/2010) D YES ~ NO L{~?J:7~p7 City Attorney City Manager ISSUE: On September 14, 2009, Council adopted Ordinance 1453, Series 2009, which enacted a temporary moratorium
on the issuance or consideration of any City license or permit concerning medical marijuana dispensaries. On March 8, 2010, Council adopted Ordinance 1459 which extended the moratorium
until July 13, 2010. One purpose for extending the moratorium was to allow the state to adopt a law concerning the regulation of medical marijuana dispensaries and cultivation operations.
The General Assembly enacted House Bill 10-1284 which regulates the sale, distribution, cultivation, growth and manufacture of medical marijuana throughout the state. Through House Bill
10-1284, the General Assembly enacted the Colorado Medical Marijuana Code into Article 43.3 of Title 12, C.R.S. (the "Code"). The Code is a new state and local licensing model for the
sale, distribution, cultivation, growth and manufacture of medical marijuana and medical marijuana-infused products. The Colorado Department of Revenue ("DOR") is named as the state's
licensing authority. To implement provisions of the Code, the DOR is authorized to adopt emergency rules. The DOR must hold a hearing on those rules by
Council Action Form -Medical Marijuana Moratorium June 28, 2010 Page 2 September I, 20 I O. Any rules to implement the Code will likely impact any licensing model adopted by the City.
The Code authorizes the City to extend its existing temporary moratorium until the effective date of the rules adopted by the DOR. The attached Ordinance will extend the moratorium until
that date. This will provide sufficient time for the state to finalize its regulatory model and allow Council to consider appropriate regulations for implementation in the City that
are consistent with state law. PRIOR ACTION: Council adopted Ordinance 1453, Series 2009, on September 14, 2009 as an emergency ordinance. Ordinance 1453 enacted
a temporary ninety (90) day moratorium on the issuance or consideration of any City license or permit concerning medical marijuana dispensaries. Council adopted Ordinance 1457, Series,
2009, on second reading on November 23, 2009. Ordinance 1457 extended the moratorium in Ordinance 1453 for an additional ninety (90) days. Council adopted Ordinance 1459, Series 2010,
on second reading on March 8, 2010. Ordinance 1459 extended the moratorium in Ordinance 1453 until July 13,2010. FINANCIAL IMPACT: The City will not receive permit or license fees for
any new applications concerning medical marijuana dispensaries during the moratorium period. BACKGROUND: In November 2000, the people of the State of Colorado adopted Amendment 20 which
amended the Colorado Constitution by adding Article XVIII Section 14 thereto. Under Amendment 20 certain persons are protected from criminal prosecution under state law for the acquisition,
possession, production, use or transportation of marijuana for medical purposes. Amendment 20 does not protect those persons from criminal prosecution under federal law. In the spring
of 2009, United States Attorney General Eric Holder issued a statement that his office would not seek to prosecute individuals who were acquiring marijuana for medical purposes to the
extent that such activity was allowed under state law. As a result of that announcement and limited rule making by the Colorado Department of Public Health and Environment in July of
2009, communities along the Front Range saw a noticeable increase in establishments operating as "medical marijuana dispensaries." Amendment 20 does not discuss "medical marijuana dispensaries"
or the retail or for profit sale of medical marijuana. The City enacted the moratorium to allow the state to develop laws regulating medical marijuana operations. On May 12, 2010, the
General Assembly adopted House Bill 10-1284 concerning the regulation of the sale, distribution, cultivation, growth and manufacture of medical marijuana and medical marijuana-infused
products. This bill was signed into law by the Governor on June 7, 2010. The bill prohibits primary caregivers from selling medical marijuana for a profit and imposes numerical limits
on the number of patients for whom those caregivers can lawfully provide services under Amendment 20. In conjunction with limiting the application of the
Council Action Form -Medical Marijuana Moratorium June 28, 2010 Page 3 provisions in Amendment 20, House Bill 10-1284 enacts the Code which creates a new state and local licensing model
for medical marijuana business operations. This licensing model requires implementation by the state's licensing authority, the DOR. The Code authorizes the DOR to adopt emergency rules
to implement its provisions. These emergency rules will be adopted by the DOR this summer with a hearing on the rules to be held by September I, 2010. Those rules will likely impact
any regulation adopted by the City. In recognition of this impact, the Code authorizes the City to extend its existing moratorium until the DOR rules become effective. Through Ordinance
1453, Council directed staff to begin investigating and drafting regulations for its consideration concerning medical marijuana dispensaries before the expiration of the moratorium.
Staff has presented Council with draft regulations. Those regulations were drafted prior to the enactment of the Code. Council should consider extending the moratorium until the effective
date of the DOR rules so that the City'S regulations can be consistent therewith. In the interim, Staff will amend the current draft regulations for consideration by Council before the
moratorium expires. This will allow the City to develop appropriate regulations in preparation for the state's implementation of this new business licensing model. RECOMMENDA nONS: City
staff recommends adoption of this Ordinance. RECOMMENDED MOTION: "[ move to approve Council Bill No. 11-2010, on second reading and that it will take effect upon adoption." Or, "[ move
to postpone indefinitely Council Bill No. 11-20 I 0 extending the moratorium for medical marijuana dispensaries for the following reason(s) " REPORT PREPARED BY: Gerald E. Dahl, City
Attorney ATTACHMENTS: I. Council Bill No. 11-20 I 0
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 11 Ordinance No. ___ _ Series 2010 TITLE: AN ORDINANCE EXTENDING THE MORATORIUM ENACTED BY SECTION 2
OF ORDINANCE 1453, SERIES 2009 ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A CITY OF WHEAT RIDGE PERMIT OR LICENSE RELATED TO THE OPERATION OF A BUSINESS
OR COOPERATIVE THAT SELLS OR CULTIVATES MEDICAL MARIJUANA WHEREAS, on September 14, 2009 City Council for the City of Wheat Ridge, Colorado ("City Council") adopted Ordinance 1453, Series
2009, which Ordinance enacted a temporary moratorium on the submission, acceptance, processing , and approval of all applications for City permits and licenses relating to the operation
of businesses or cooperatives that sell, distribute or cultivate medical marijuana ("Medical Marijuana Dispensaries"); and WHEREAS, on March 8, 2010, City Council adopted Ordinance 1459,
Series 2010, which extended that moratorium until July 13, 2010; and WHEREAS, on November 23, 2009 City Council adopted Ordinance 1457, Series 2009, which extended that moratorium until
March 13, 2010; and WHEREAS, one purpose for extending the moratorium was to allow state officials time to address and possibly regulate or limit the operation of Medical Marijuana Dispensaries
on a state-wide basis; and WHEREAS, Colorado House Bill 10-1284 concerning the regulation of the cultivation, sale, distribution and manufacture of medical marijuana on a state-wide
basis was signed into law by the Governor on June 7, 2010; and WHEREAS, through House Bill 10-1284, the General Assembly enacted the Colorado Medical Marijuana Code at Article 43.3 of
Title 12, C.R.S. (the "Code"); and WHEREAS, the Code is a new state and local licensing model for the cultivation, sale, distribution and manufacture of medical marijuana which will
be implemented by the Colorado Department of Revenue, state's licensing authority; and WHEREAS, the Code authorizes the Colorado Department of Revenue to adopt emergency rules to implement
the Code's provisions; and WHEREAS, those rules will likely impact pursuant to subsection 202(1 )(b)( l) of the Code, municipalities are authorized to extend any temporary moratorium
concerning ATTACHMENT 1
the sale, cultivation, distribution or manufacture of medical marijuana until the effective date of the Colorado Department of Revenue's rules; and WHEREAS, extending the moratorium
enacted by Ordinance 1453 until the Colorado Department of Revenue's rules become effective will provide City staff and City Council with additional time to investigate, develop, and
if appropriate, adopt and implement regulations with respect to Medical Marijuana Dispensaries consistent with state law; and WHEREAS, proprietors of Medical Marijuana Dispensaries will
not be unduly prejudiced by the imposition of such moratorium. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO: Section 1. Findings and Intent.
The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the City Council of the City of Wheat Ridge. Section 2. Extension
of Moratorium on Applications For Permits and Licenses Related to Businesses That Cultivate and/or Sell Medical Marijuana. Upon the adoption of this Ordinance, the moratorium imposed
in Section 2 of Ordinance 1453, Series 2009 shall be extended until the rules that are adopted by the Colorado Department of Revenue pursuant to the authority granted it in the Code
become effective. The City staff is directed to continue refusing to accept for filing , and not to process or review, any new applications for permits or licenses related to Medical
Marijuana Dispensaries during the moratorium period. Section 3. Authority. The City Council hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant
to: (i) the Local Government Land Use Control Enabling Act, Article 20 otTitle 29, C.R.S.; (ii) Part 3 of Article 23 of Title 31 , C.R.S. (concerning municipal zoning powers); (iii)
Section 31-15-103, C.R.S. (concerning municipal police powers); (iv) Section 31-15-401, C.R.S. (concerning municipal police powers); (v) Section 31-15-501 , C.R.S. (concerning municipal
power to regulate businesses); (vi) the authority granted to home rule municipalities by Article XX of the Colorado Constitution; (vii) the powers contained in the City of Wheat Ridge,
Colorado Home Rule Charter (the "Charter"); and subsection 12-43.3-202(1)(b)(I), C.R.S. (concerning medical marijuana). Section 4. 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 5. Severability; Conflicting Ordinances Repealed . If any section, sUbsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity
of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances, parts of ordinances or codes adopted thereby in conflict with the provisions of
this ordinance or the code or ordinance adopted hereby are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect upon adoption, as permitted by Section 5.11 of
the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 14th day of June, 2010, ordered published by title in a newspaper of general circulation in the
City of Wheat Ridge in full on the City's website, public hearing and consideration on final passage set for Monday, the 28th of June, 2010, at 7 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. SIGNED by the Mayor on this ___ day of
_ ______ __ , 2010. ATIEST: Michael Snow, City Clerk First Publication: June 17, 2010 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved As To
Form: Gerald E. Dahl, City Attorney
, • City of . p WheatRL-dge ITEM NO: £ DATE: June 28, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2010 AN ORDINANCE APPROVING THE ANNEXATION OF TWO REMNANT PARCELS
OF RIGHT-OF-WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX-10-02/CITY
OF WHEAT RIDGE) o o PUBLIC HEARING oI:8J OORRDDIINNAANNCCEESS FFOORR 21NS TD RREEAADDIINNGG ((0086//0298//11 00)) BIDS/MOTIONS o RESOLUTIONS ISSUE: Under the Municipal Annexation Act,
the annexation of property to a municipality must be accomplished by ordinance with an accompanying resolution of findings of fact regarding the petition. Adoption of the attached council
bill on first reading sets the public hearing for August 9, 2010. The annexation petition was executed on May 18, 2010. On June 14,2010, City Council adopted a resolution finding the
proposed annexation to be in substantial compliance with CRS 31-12-107(1) and to be eligible for annexation under the statutes. The territory is eligible to be annexed if the following
criteria are met: I. More than 50% of the private property owners of more than 50% of the land sought to be annexed sign the petition.
Case No. ANX-10-02 Council Action Form June 28, 20 I 0 Page 2 2. At least 1/6 of the boundary of land sought to be annexed is contiguous with the current City boundary; 3. That a community
of interested exists between the area proposed to be annexed and the annexing municipality; 4. That the area is urban or will be urban in the near future; and, 5. That said area is or
is capable of being integrated with the annexing municipality. The two parcels to which the annexation petition pertains are currently located in unincorporated Jefferson COlmty but
have been deeded to Wheat Ridge as right-of-way. The parcels, which combined are .79 acres in size, contain the acceleration/deceleration lane for Kipling from 51 st Place south to 501h
Avenue and the traffic signal pole at the entrance to Arvada Ridge from 50th Avenue. Pursuant to the IGA with the City of Arvada, the City of Wheat Ridge agreed to annex these remnant
pieces of right-of-way. PRIOR ACTION: A resolution finding the annexation in substantial compliance with CRS 31-12-107(1) and eligible for annexation was passed on June 14,2010. A separate
resolution is being considered on Jlme 28, 2010, to modify the public hearing date referenced in the original resolution for acceptance of the annexation petition. FINANCIAL IMPACT:
None. These pieces of right-of-way are already owned and being maintained by the City of Wheat Ridge. BACKGROUND: The Arvada Ridge development is property located at the northwest comer
of 501h and Kipling, in the City of Arvada and is a regional mixed-use development containing 56 acres. The development improvements included the relocation and construction of new Miller
Street and W. 501h Avenue extending from Kipling to Miller and improvements to the Kipling Street frontage adjacent to the development. All required right-of-way improvements associated
with the development are in place. The decision to annex a property is a legislative decision of City Council. The 116 contiguity requirement is met. The petitioner (Randy Young for
the City of Wheat Ridge) represents more than 50% of the land proposed for annexation. The area is surrounded by urban development and is capable of being integrated with the City. The
area meets the annexation eligibility requirements established in the municipal Annexation Act. By incorporation into the official city maps, the tracts will be zoned A-I. RECOMMENDATION:
Adopt Council Bill No. 12-2010 on first reading and set a second reading date. RECOMMENDED MOTION:
Case No. ANX-I 0-02 Council Action Form June 28, 20 I 0 Page 3 "[ move to approve Council Bill No. 12-2010, an ordinance approving an annexation to the City of Wheat Ridge on first reading,
order it published, public hearing set for Monday August 9, 20[ 0 at 7:00 p.m. in the City Council Chambers, and that it take effect [5 days after publication. Or, "] move to deny the
adoption of Council Bill No. 12-20[0 for the following reason(s) " REPORT PREPARED/REVIEWED BY: Meredith Recker!, Senior Planner Kenneth Johnstone, Director of Community Development
ATTACHMENTS: l. Council Bill No. 12-2010 2. Resolution No. 25-2010
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ COUNCIL BILL NO. 12 ORDINANCE NO Series 2010 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF TWO REMNANT PARCELS OF
RIGHT-OF-WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX-10-02/CITY
OF WHEAT RIDGE) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the annexation map
as required by law. was filed with the City Council on May 18, 2010, by the owner of over fifty percent (50%) of the area of the territory hereinafter described, exclusive of public
streets and alleys, and comprising more than fifty percent (50%) of the landowners of the property to be annexed. The City Council, by resolution at a properly noticed meeting on June
14, 2010, accepted said Petition and found and determined that the applicable parts of the Municipal Annexation Act of 1965, as amended, have been met and further determined that an
election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation. Section 2. Annexation Approved. That the annexation to the
City of the following described property is hereby approved: A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4. as platted in
Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6th P.M., City of
Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a
portion of Kipling Street, located in the east half of said Section 16, being described as follows: Commencing at the east quarter corner of said Section 16, and considering ATTACHMENT
1
the east line of the SE1/4 of said Section 16 to bear South 00°12'10" east , with all bearings contained herein, relative thereto; Thence along said East line, South 00°12'10" East,
287.00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary
the following two courses: (1) Along said east line of the SE1/4, South 00°12'10" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in
Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73°52'54" West, 67.80 feet to the westerly corner of said Tract
2; Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: (1) Along a non-tangent curve to the left having a delta
of71° 40'06", a Radius of 25.00 feet, an arc of 31 .27 feet and a chord which bears north 38°02'51 " east, 29.27 feet; (2) Then north 02°12'49" east, 306.77 feet to the East boundary
of said Arvada Ridge; Thence along said East boundary the following two courses: (1) north 00° 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02°58'17",
a radius of 3859.70 feet, an arc of 200.16 feet and a chord which bears north 01 °14'30" East, 200.14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary
of said Tract 1 the following two courses: (1) North 00°38'47" East, 346.85 feet; (2) Thence North 00°51 '51 " East, 90.01 feet to the northwest corner of said Tract 1; Thence along
the north line of said Tract 1, South 85°15'17" East, 22.40 feet to the point of beginning. The above described parcel contains 0.76 acres, more or less. Parcel 2: Tract 4, Arvada Ridge,
according to the recorded plat thereof, Jefferson County, Colorado. The above described tract contains 0.03 acres, more or less. Section 3. Effective Date. This ordinance shall take
effect 15 days after final publication. 2
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on the 28th day of June, 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 August 9, 2010, 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 9th day of August, 2010. SIGNED by the Mayor on this _ _ _ _ day of ________ _ 2010. Jerry DiTullio,
Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: __________ _ Second Publication: _ _ _______ _ Wheat Ridge Transcript: ____
___ _ Effective Date: __________ _ 3
CITY OF WHEAT RIDGE, COLORADO Resolution No. 25 Series of 2010 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF LAND LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), COLORADO REVISED STATUTES AND SETTING
A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of land as described in attached Exhibit A was filed with the
City Clerk and referred by him to the City Council; and WHEREAS, pursuant to C.R.S. Section 31-12-107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado,
has reviewed the petition to determine whether there has been substantial compliance with C.RS. 31-12-107(1); and WHEREAS, the City Council has satisfied itself concerning the substantial
compliance of the petition with C.RS. 31-12-107(1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition
for annexation substantially complies with C.RS. Section 31-12-107(1). Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the 26th day of July, 2010, at the
City of Wheat Ridge Municipal Building which is located at 7500 W. 29th Avenue, Wheat Ridge, Colorado, 80033, to determine if the proposed annexation complies with C.R.S. Sections 21-12-104
and 31-12-105 or such part thereof as may be required to establish eligibility under the terms of Title 31 , Article 12, Part 1, as amended, known as the Municipal Annexation Act of
1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. ATTACHMENT 2
Section 3. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. Section 4. This resolution shall be effective immediately
upon adoption. RESOLVED AND PASSED this 14th day of June, 2010. ~V#) Jerry Michael Snow, City Clerk 2
EXHIBIT 'A' CASE NO. ANX-10-02/50TH & KIPLING STREET LEGAL DESCRIPTION A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4. as
platted in Arvada Ridge. according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6th P.M.,
city of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore,
and a portion of Kipling Street, located in the east half of said Section 16, being described as follows: Commencing at the east quarter corner of said Section 16, and considering the
east line of the SE1/4 of said Section 16 to bear South 00°12'10" east , with all bearings contained herein , relative thereto; Thence along said East line, South 00°12'10" East, 287.00
feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following
two courses: (1) Along said east line of the SE1/4, South 00°12'10" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State
Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73°52'54" West, 67.80 feet to the westerly corner of said Tract 2; Thence departing
said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: (1) Along a non-tangent curve to the left having a delta of 71 ° 40'06", a
Radius of 25.00 feet, an arc of 31 .27 feet and a chord which bears north 38°02'51 " east, 29.27 feet; (2) Then north 02°12'49" east, 306.77 feet to the East boundary of said Arvada
Ridge; 3
Thence along said East boundary the following two courses: (1) north 00° 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02°58'17", a radius of 3859.70
feet, an arc of 200.16 feet and a chord which bears north 01 °14'30" East, 200.14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary of said Tract 1 the
following two courses: (1) North 00°38'47" East, 346.85 feet; (2) Thence North 00°51 '51 " East, 90.01 feet to the northwest corner of said Tract 1; Thence along the north line of said
Tract 1, South 85°15'17" East, 22.40 feet to the point of beginning. The above described parcel contains 0.76 acres, more or less. Parcel 2: Tract 4, Arvada Ridge, according to the recorded
plat thereof, Jefferson County, Colorado. The above described tract contains 0.03 acres, more or less. 4
• City of !P'WheatRL-dge TITLE: ITEMNO: ~, DATE: June 28, 2010 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 13-2010 AN ORDINANCE CONCERNING ADMINISTRATIVE ENFORCEMENT AND MAKING
CONFORMING AMENDMENTS TO ARTICLE V OF CHAPTER 2 OF THE CITY OF WHEAT RIDGE CODE OF LAWS D PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS ~ ORDINANCES FOR 1ST READING (06/28/2010) D ORDINANCES
FOR 2ND READING (07/26/2010) QUASI-JUDICIAL: DYES C~~ City Manager ISSUE: There are two changes to the Administrative Citation Process that would increase the effectiveness of enforcement
and the transparency ofthe citation and appeal process. I) Article V, Chapter 2, the Administrative Enforcement Ordinance currently does not include Chapter 24, Vegetation. Community
Services Officers (CSO) are expected to enforce aspects of this chapter in an efficient and effective manner. The addition of Chapter 24, Vegetation to the Administrative Enforcement
Ordinance would allow eso's to impact the areas of tall weeds, nuisance plants and tree and shrub shrub control more efficiently. 2) The Administrative Citation includes an explanation
of the right to appeal. The current citation right to appeal allows the citizen 14 days to schedule a hearing once the citation has been issued. The proposed change in the right to appeal
would provide the opportunity for the citizen to request a hearing within 14 days after a notice of appeal is filed. This change provides the opportunity to schedule administrative hearings
and administrative hearing officers (AHO) in a timely manner. In addition, the proposed change to the citation will clearly state what decisions will be made by the AHO during the hearing.
The clarification will read, "The
Amending Article V of the Code of Laws June 28, 2010 Page 2 only issue to be decided by the AHO is whether the code officer exceeded hi s/her authority in issuing the citation. To do
so the City must prove that a violation of code took place". PRIOR ACTION: No prior action has been taken regarding these specific recommendations. FINANCIAL IMPACT: None BACKGROUND:
Community Service Officers are tasked with enforcing three portions of Chapter 24, Vegetation. They include, 24-6, Control of trees, shrubs, etc., 24-12, Nuisance plants and 24-51 ,
Weed and tall grass control. Chapter 24 is not specifically cited in the Administrative Citation Ordinance. The addition of Chapter 24 into the Administrative Citation Ordinance would
benefit CSO's in providing efficient, effective service to the community. The Administrative Citation Process is continuously assessed, as are all programs within the Police Department.
An issue that has been discovered is that the scheduling of administrative hearings is difficult under the current system of allowing the citizen up to 14 days from citation issuance
to a hearing date. A more workable system would be to schedule the hearing within 14 days of the filing of the notice of appeal. Hearings would still be held in a timely manner because
the cited party has just five days to file the appeal, but the range of appropriate hearing dates would now encompass two full weeks, therefore making scheduling hearings with hearing
officers and appropriate CSO's much easier. [n the event this change is accepted, the right of appeal portion of the citation should be updated to reflect the change. There has been
some confusion among citizens requesting a hearing with regard to what the hearing officer will be determining during the hearing. The addition of language to the Right of Appeal section
of the citation would clearly state that the hearing officer will only make a determination of whether or not the CSO exceeded their scope of authority when issuing the citation. This
includes the determination that a violation occurred. A change in the language on the citation would clarify this and provide more specific information to citizens considering a hearing.
RECOMMENDATIONS: It is recommended that Chapter 24, Vegetation, be added to Article V, Chapter 2, Administrative
Citation Ordinance for the purpose of c1ari fying that trees and shrubs, nuisance plants and tall grass and weeds can and should be addressed through the administrative citation process.
It is further recommended that administrative hearings be scheduled within 14 days of the filing of a notice of appeal, rather than within 14 days of the issuance ofa citation, and that
clarification regarding the administrative hearing officer's role be added.
Amending Article V of the Code of Laws June 28, 20 I 0 Page 3 RECOMMENDED MOTION: " I move to approve Council Bill No. 13-2010, an ordinance concerning administrative enforcement and
making conforming amendments to Article V of Chapter 2 of the City of Wheat Ridge Code of Laws on first reading, order it published, public hearing set for Monday, July 26, 2010, at
7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "[ move to postpone indefinitely Council Bill 13-2010 an ordinance concerning administrative
enforcement and making conforming amendments to Article V of Chapter 2 of the City of Wheat Ridge Code of Laws for the following reason(s) " REPORT PREPARED BY: Dave Pickett, Lieutenant,
Support Services Division Mary McKenna, Supervisor, Community Services Unit ATTACHMENTS: I. Draft Ordinance 2. Draft of wording change to the Right of Appeal Section of the Administrative
Citation 3. Staff Memo ofJune 18,2010
TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ COUNCIL BILL NO. 13 ORDINANCE NO. ___ _ Series 2010 AN ORDINANCE CONCERNING ADMINISTRATIVE ENFORCEMENT AND MAKING
CONFORMING AMENDMENTS TO ARTICLE V OF CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS WHEREAS, the City Council exercises all legislative authority on behalf of the City; and WHEREAS, the
Council has previously adopted Article V of Chapter 2 of the Wheat Ridge Code of Laws (the "Code") providing for administrative enforcement of certain portions of the Code; and WHEREAS,
the Council finds that certain amendments to the administrative enforcement process are needed to increase effectiveness and guarantee due process. NOW THEREFORE BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-80 of the Code is hereby amended to read: Sec. 2-80. Purpose; scope. The purpose of this article is to encourage
prompt compliance with this Code and prompt payment of penalties for violations thereof. This article provides for administrative penalties that may be imposed for violation of the following
portions of this Code: Chapter 5, Buildings and Building Regulations; Chapter 9, Health; Chapter 13, Motor Vehicles and Traffic; Chapter 15, Nuisances; Article X of Chapter 16, Concerning
Massage Parlors, but not to include the balance of Chapter 16, Miscellaneous Offenses; Chapter 21 , Streets and Sidewalks; Chapter 22, Taxation; CHAPTER 24, VEGETATION, Chapter 26 Zoning
Section 2. Section 2-81 of the Code is hereby amended to read: Sec. 2-81 . Definitions. For the purposes of this article the following terms shall have the meanings assigned to them
below. Administrative hearing officer or AHO means the person with exclusive authority to hear appeals from administrative citations issued under this article. ATIACHMENT 1
Applicable sections means those sections in the Code of Laws contained within the chapters listed in section 2-80. Code officer shall mean the city manager or the city manager's designee,
including but not limited to a community service officer, the building official, the property inspector or any other city official or employee charged with enforcing the provisions of
this article. Manager shall mean the city manager or the city manager's designee. Municipal court means the municipal court for the City of Wheat Ridge, Colorado. Responsible party shall
mean a person or entity who has violated this Code or, in the case of property subject to an administrative citation under this article, who has possession or control of any real property
or premises, whether as owner, CO-OWNER, occupant or tenant, or in the case of a motor vehicle, as owner or operator of the same. Section 3. Section 2-85 of the Code is hereby amended
to read: Sec. 2-85. Contents of administrative citation. (a) The administrative citation shall state the location of the violations and the date and approximate time the violations were
observed . Where applicable, the administrative citation shall identify the property in violation by address or legal description. (b) The administrative citation shall refer to the
applicable sections violated and describe the violations. (c) The administrative citation shall describe the action required to correct the violations. (d) The administrative citation
shall require the responsible party to correct the violations immediately and shall explain the consequences of failure to correct said violations. (e) The administrative citation shall
state the amount of fine imposed for the violations. (f) The administrative citation shall explain how the fine shall be paid, the time period by which it shall be paid, and the consequences
of failure to pay the fine. (g) The administrative citation shall briefly state the process for appealing the administrative citation. (h) The administrative citation shall contain the
signature of the code officer and the signature of the responsible party if it can be obtained. Section 4. Section 2-86 of the Code is hereby amended to read: Sec. 2-86. Appeal of administrative
citation.
(a) A person served with an administrative citation may file a notice of appeal within five (5) calendar days from the service of the administrative citation. Compliance with this time
limit shall be a jurisdictional prerequisite to any appeal brought under this article, and failure to comply shall bar any such appeal. (b) The notice of appeal shall be made in writing
and shall be filed with the municipal court in person, by facsimile transmission or by mail. Regardless of the manner of filing such appeal, the notice of appeal must be filed with the
municipal court within five (5) calendar days from the date the administrative citation was served . (c) As soon as practicable after receiving the written notice of appeal, the municipal
court shall assign an AHO who shall schedule a date, time and location for the hearing. (d) Written notice of the date, time and location of the hearing shall be personally served upon
or sent by first class mail to the responsible party at least five (5) calendar days prior to to the date of the hearing. The hearing shall be held no more than fourteen (14) days after
A TIMELY FILED NOTICE OF APPEAUhe elate UpOR whish the aelmiRistrati'Ie sitatioR was issueel. (e) In computing the day a notice of appeal must be filed or the day by which a hearing
must be held, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to the first day thereafter
which is not a Saturday, Sunday, or legal holiday. Section 5. Section 2-88 of the Code is hereby amended to read: Sec. 2-88. Administrative appeals. (a) Administrative appeals are intended
to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall follow the procedures provided in this Section.
(b) The parties to an administrative appeal shall be the responsible party and the Wheat Ridge Police Department. Parties may be represented by legal counsel. Each party may call and
question witnesses, cross-examine witnesses and present evidence in support of its case. (c) The AHO, at the request of any party to the hearing , may subpoena witnesses, documents and
other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including
witness and mileage fees, shall be borne by the party requesting the subpoena. The form of, and the process for issuing , subpoenas shall be the same as in the municipal court.
(d) The AHO shall have the power to call and question witnesses, review and consider the relevancy of documentary or other tangible evidence, and rule on evidentiary questions. (e) The
only issue to be decided by the AHO is whether the code officer exceeded his/her authority in issuing the administrative citation. TO DO SO, +the city bears the burden of proof to establish
the existence of a violation of the Code. In the case of a nuisance abatement hearing, the city bears the burden of proof to establish the existence of a public nuisance. The city's
meeting of this burden of proof shall constitute prima facie evidence that the code officer did not exceed his/her authority. The appellant shall have the burden of rebutting such evidence.
(f) The standard of proof required in an administrative appeal is a preponderance of the evidence. (g) Copies, photographs, and photocopies may be admitted into evidence or substituted
in evidence in place of original documents. (h) Hearings shall be recorded by electronic means and transcripts of such recordings shall be made at the expense of the party requesting
the transcript. (i) Whenever it appears that AN APPEALa petition is not filed within the time permitted by THIS ARTICLE, tAe particular law or ordinance involved, or that the AHO for
some other reason lacks jurisdiction, the APPEAL may be dismissed on the motion of any party or on the AHO's own motion. 0) The decision of the AHO shall be known as an administrative
enforcement order. (k) The AHO may uphold the administrative citation and all penalties or dismiss the administrative citation and all penalties or may waive or conditionally reduce
the penalties assessed by the administrative citation. The AHO may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. (I)
In the event that the AHO does not dismiss the administrative citation, the AHO shall assess reasonable administrative costs of not less than one hundred dollars ($100.00), but not to
exceed two hundred dollars ($200.00). (m) The administrative enforcement order shall become final on the date of mailing the order to the responsible party. A copy of the order shall
be provided to the city. Section 6. Section 2-90 of the Code is hereby amended to read: Sec. 2-90. Failure to attend administrative appeal. Any responsible party who fails to appear
at the hearing is deemed to waive the right to a hearing and the adjudication of the
issues related to the hearing, provided that proper notice of the hearing has been provided. THE AHO MAY TAKE TESTIMONY, EVIDENCE AND ARGUMENT FROM THE CITY AND ISSUE AN ADMINISTRATIVE
ENFORCEMENT ORDER. Section 7. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed. Section 8. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 28th day of June, 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 Monday, July 26th, 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. SIGNED by the Mayor on this __ day of _____ , 2010. 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
Proposed Citation wording clarification: Right of Appeal You have the right to appeal this Administrative Citation within five (5) calendar days from the date of service. An Appeal must
be made in writing to Municipal Court Clerk, 7500 W. 29th Avenue, Wheat Ridge, CO 80033. Your appeal may be filed in the clerk's office in person, mailed, or by facsimile transmission
(303-235-2829). Your case will be heard by an administrative hearing officer ("AHO") no more than fourteen (14) days after the date the notice of appeal was filed. The only issue to
be decided by the AHO is whether the code officer exceeded his/her authority in issuing the citation. To do so, the City must prove that a violation of code took place. The AHO may uphold
the administrative citation and all penalties or dismiss the administrative citation and all penalties or may waive or conditionally reduce the penalties assessed by the administrative
citation. The AHO may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. In the event that the AHO does not dismiss the administrative
citation, the AHO shall assess reasonable administrative costs for the hearing of not less than one hundred dollars ($100), but not to exceed two hundred dollars ($200). ATTACHMENT 2
, _ City of. !Yr Wheat RL-dge ~OllCE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Patrick Goff, City Manager Administrative Services FROM: Daniel Brennan, Chief
of Police Police Department DATE: June 18,2010 SUBJECT: Staff Report -Amendment to Article V of Chapter 2, Administrative Enforcement Ordinance /Citation There are two changes to the
Administrative Citation process that would increase the effectiveness of enforcement and the transparency of the citation and appeal process. The first is the addition of Chapter 24,
Vegetation to the Administrative Enforcement Ordinance. The second is clarification of the wording on the citation regarding the right to appeal. Article V, Chapter 2, the Administrative
Enforcement Ordinance currently does not include Chapter 24, Vegetation. Community Services Officers (CSO) are expected to enforce aspects of this chapter in an efficient and effective
manner. The addition of Chapter 24, Vegetation to the Administrative Enforcement Ordinance would allow CSO's to impact the areas of tall weeds, nuisance plants and tree and shrub control
more efficiently. The Administrative Citation includes an explanation of the Right to Appeal. The current citation right to appeal allows the citizen fourteen (14) days to schedule a
hearing once the citation has been issued. The proposed change in the right to appeal would provide the opportunity for the citizen to request a hearing within fourteen (14) days of
when a notice of appeal is filed . This change provides the opportunity to schedule administrative hearings and administrative hearing officers (AHO) in a timely manner. In addition,
the proposed change to the citation will clearly state what decisions will be made by the AHO during the hearing. The clari fication will read, "The only issue to be decided by the AHO
is whether the code officer exceeded his/her authority in issuing the citation." There is no financial impact associated with these proposed changes. The benefits of changes recommended
provide the CSO's the ability to effectively enforce Chapter 24 through the administrative citation process. The administrative citation process has provided the City of Wheat Ridge
with a high compliance rate on violations. The changes to the administrative citation "Right to Appeal" provide cited parties, the Municipal Court and the CSO ATTACHMENT 3
Staff Report: Amendment to Article V of Chapter 2, Administrative Enforcement Ordinance/Citation June 18,20 10 Page 2 an opportunity to schedule and attend hearings in a timely manner.
The addition of the statement clarifying what decisions are made by the hearing officer during a hearing, better informs the public on what will be addressed during a hearing. Attachments:
I. Proposed addition of Chapter 24 2. Proposed Citation wording clarification Prepared by: Mary McKenna, Community Services Supervisor Community Services Team Police Department
. , • _ • Cilyof_ ? WheatRL.dge ITEMNO:~ DATE: June 28, 20 10 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 33-2010 -A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET
TO REFLECT THE APPRO V AL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $30,000 TO THE WHEAT RIDGE BUSINESS DISTRICT FOR THE PURPOSE OF FUNDING THE REVITALIZATION INCENTIVE
GRANT PROGRAM o PUBLIC HEARING o BIDS/MOTIONS (gI RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING DYES (gI NO City Manager At the June 21,
20 I 0 City Council Study Session, John Marriott, Chairman of the Wheat Ridge Business District (WRBD) requested additional funding from the City in the amount of $100,000. Council consensus
was to approve an additional contribution in the amount of $30,000 to support the WRBD Revitalization Incentive Grant Program. PRIOR ACTION: The General Fund budget approved during the
2010 budget process allocated $40,000 from the Economic Development budget to the WRBD for the purpose of funding the Revitalization Incentive Grant Program. In the past three years,
the WRBD has funded grants totaling $159,295 for signs, awnings, fayades and architectural improvements for local businesses in the City. FINANCIAL IMPACT: The $40,000 was approved during
the 20 I 0 budget process. This supplemental budget request of $30,000 brings the City'S total contribution to the WRBD in 2010 to $70,000. V :IFormslCA Ftemplate
Council Action Fonn June 28, 2010 Page 2 BACKGROUND: The 38th Avenue Business District Board of Directors was appointed at the August 12, 2002 City Council meeting. At that same meeting,
the allocation of $93,500 from the Capital Investment Program (CIP) unallocated fund balance to the 38th Avenue Business District was approved. Funding for fiscal years 2003 to 2008
in the amount of $40,000 each year was allocated from the budget to the 38th Avenue Business District. In 2005 the 38th Avenue Business District changed its name to the Wheat Ridge Business
District. The General Fund budget approved during the 20 10 budget process allocates $40,000 from the Economic Development budget to the Wheat Ridge Business District. RECOMMENDATIONS:
Staff recommends approval of the $30,000 contribution to the Wheat Ridge Business District for the purpose of funding the Revitalization Incentive Grant Program. RECOMMENDED MOTION:
" I move to approve Resolution No. 33-2010 -A resolution amending the Fiscal Year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount
of $30,000 to fund Wheat Ridge Business District Revitalization Incentive Grant Program." Or, " I move to deny Resolution No. 033-20 I 0 -A resolution amending the Fiscal Year 20 I 0
General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $30,000 to fund Wheat Ridge Business District Revitalization Incentive Grant Program
for the following reason(s) " REPORT PREPARED AND REVIEWED BY; Heather Geyer, Interim Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 33-20
I 0 2. Letter from John Marriott, Board President, Wheat Ridge Business District 3. Wheat Ridge Business District Revitalization Incentive Grant Program Spreadsheet and Photos
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 33 Series of 2010 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $30,000 TO THE WHEAT RIDGE BUSINESS DISTRICT (WRBD) FOR THE PURPOSE OF FUNDING THE REVITALIZATION INCENTIVE GRANT PROGRAM WHEREAS, the City Council recognizes
the important role the Wheat Ridge Business District's Revitalization Incentive Grant program plays in providing local businesses with the opportunity to receive assistance in funding
improvements to business signs, awnings and facades; and WHEREAS, the WRBD Revitalization Incentive Grant program supports the vision and goals of the City's Envision Wheat Ridge Comprehensive
Plan; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the supplemental budget appropriation to the Wheat Ridge Business District for the purpose of funding
the Revitalization Incentive Grant Program. B. The City Council authorizes the transfer of $30,000 from the General Fund undesignated reserves to account # 01 -105-700-710 and amendment
of the 2010 Fiscal Year Budget accordingly. DONE AND RESOLVED this 28th day of June 2010. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk ATTACHMENT 1
Wheat Ridge Business District P.O. Box 1268 Wheat Ridge, Co. 80034-1268 720-259-1030 J line 16'h, 20 I 0 Wheat Ridge City Council, This memo is a request from the Wheat Ridge Business
District for an additional $100,000.00 in funding from the City of Wheat Ridge to enhance our Revitali zation Incentive Program. Since 2003 the Wheat Ridge Business District has been
awarding matching grant assistance for signs, facades, awnings, and architectural design under our revitali zation incentive program. In the last three years we have paid $ 159,295.00
in completed grants. These grants have been pat1 of 1.4 million dollars of improvements to existing and new Wheat Ridge businesses. The funding for these grants have come from the City
of Wheat Ridge @$40,000.00 per year and a $20,000.00 CDBG grant from Jefferson County economic development. The Wheat Ridge Business District has an active I I member board of directors,
3 of which serve at the pleasure of the city council. The other 8 directors are business people who who are elected by the Wheat Ridge business community thru Enterprise Wheat Ridge.
The Wheat Ridge Business District has continually improved our program thru board actions. Most recently our application was revi sed, and policies were amended to insure that applying
businesses had a strong foundation and hi story to qualify for maximum grant assistance. In the near future the Wheat Ridge Business District views ourselves playing a role in the new
and redevelopment at 44'h and Wadsworth, along the 38'h Ave corridor, TOD site, and Cabela's site, as well as individual businesses all over the city. Our near term plans include applying
for additional funding from Jefferson County Economic Development thru an additional CDBG grant. Enclosed are some before and after pictures of several of our projects, as well as a
spread sheet showing Ollr activity in the last 3 years. If I can clarify any items, or you need any more infonnation, contact me. Sincerely, John Man·iolt Chail111an, Wheat Ridge Business
District ATTACHMENT 2
Grant Total project Business Name Location Type of Grant Amount Completion value Jackson Hewitt 4385 Wadsworth Blvd Sign 2359.51 June-07 4719.02 Wheatridge Family Clinic 6301 W 38th
Avenue Fa,ade, Awning 11000 December-07 75000 Lakewood Plumbing 9800 W. 44th Avenue Sign 3000 December-07 6000 Rocky Mountain Foot & Ankle 7615 W 38th Avenue Sign 3000 January-08 6000
Blue Sky Plumbing & Heating 4765 Independence Street Fa,ade, Sign 9000 March-08 35000 Seyfer Automotive 4501 Harlan Street Fa,ade, Awning, Arc. 11000 April-08 61,492.57 DTI 8955 W 44th
Avenue Sign, Awning 3131 April-08 6323.53 Lucas Paints 3520 Youngfield Sign 3000 April-08 6000 Prime Star Solar 13100 West 43rd Drive Sign 1369 July-08 2738 TCA Construction 6101 West
38th Avenue Sign 2323.5 August-08 4647 Yokota Solutions 10160 W. 50th Ave 113 Sign 1945 August-08 3890 Perfecta Salon & Spa 7777 W. 38th Avenue Sign 2527.55 September-08 5055.51 Jerry
Roach 7337 -41 -93 -97 W 44th Ave. Fa,ade, Sign 5281.24 November-08 10562.48 Cress Kitchen & Bath 6770 W. 38th Avenue Fa,ade, Sign, Awning, Arc. 14,000 November-08 185,000 Lucky Pony
Properties LLC 7300 W. 38th Avenue Awning, Fa,ade, Arc. 11,000 January-09 125,000 Amici's Italian 4300 Wadsworth Blvd Fa,ade, Sign, Awning, Arc. 14,000 Jul-09 85000 Ornamental Beads
5712 W 38th Ave Sign 2,748 2009 5496 Rejuvenate Fitness Center & Spa 3258 Youngfield Sign 3,000 April-09 6075.8 Seyfer Automotive 4501 Harlan Street Sign 3,000 April-09 9140.08 Cone
Appetit (Dairy Queen) 6790 W 38th Ave Fa,ade, Awning, Sign 12,000 May-09 128315 OHM Acupuncture 7615 W 38th Ave IIB107 Sign 2,358 May-09 4715.91 DDK Properties LLC/Dennys 3281 Youngfield
Service Road Fa,ade, Sign, Awning, Arc. 14,000 2009 600000 Habitat Home Improvement 10625 W 1-70 Frontage Road 111 Sign 2,737 Jan-10 5787.07 ATTACHMENT 3
Business Name Hydrotropics Corporation Sandalwood Partnership Calvary Temple Christian Church Classy Chattels JOALTO Group, Ltd Lakeside Partners Long Shots Bar & Grill All About Cabinets
Roger Loecher Eileen Loecher The Leid Financial Group Location 4830 Ward Road 3825 Harlan Street 7390 West 38th Avenue 7337 West 44th Avenue 3200 Wadsworth Blvd. 4967 Stuart Street 4400
Ward Road 3502 Wadsworth Blvd 4325 Wadsworth Blvd. 4335 Wadsworth Blvd. 12851 W. 43" Drive. Type of Grant Sign, Fa~ade, Awning, Arc. Sign, Fa~ade, Arc. Sign Sign Sign Fa~ade Awning Arc.
Sign, Fa~ade, Architecture Sign, Fa~ade Sign Fa~ade, Architecture Fa~ade, Architecture Sign Grants Paid Approved not yet paid Total Grant Amount Completion 14,000 Not Completed 10,070
Nov-09 1,002 Nov-09 1,100 Not Completed 14,000 Not Completed 11,000 Not Completed 9,000 May-10 1,444 Sep-09 4,518 Not Completed 6,725 Not Completed 3,000 Not Completed $159,295 Total
Projects 40343 199639 Total project value 24945.74 2133.5 19777.37 3566.13 $1,432,381
Cress Kitchen & Bath 6770 West 38th Avenue Before After Wheat Ridge BUSINESS DISTRICT Fa~ade, Sign, and Awning Improvements and Architectural Assistance Grant -$14,000 Total Project
Cost Estimate -$185,000 January 2009 , , ., . ~Of D;rlrTe Wheatl~~
Before Wheat Ridge BUSINESS DISTRICT Seyfer Automotive 4501 Harlan Street Sign Improvements Grant -$3,000 Total Project Cost Estimate -$9,140 April 2009 After . " • ~Of D;rlr~e Wheatl~~
Sandalwood Partnership 3825 Harlan Street Before After Fac:;ade, Sign, and Awning Improvements Grant -$10,070 Total Project Cost Estimate -$25,000 November 2009 Wheat Ridge BUSINESS
DISTRICT , r ~Of D-irlrTe WheatJ.~~
Rejuvenate Fitness Center & Spa for Women 3258 Youngfield Wheat Ridge BUSINESS DISTRICT After Sign Improvements -$3,000 Total Project Cost Estimate -$6,075 January 2009 '" ~ 4 .... -~Of
D-irlrre Wheatl~~
., . • Cityor. ? WheatRL..dge ITEMNO: ~ DATE: June 28, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 34-2010 -A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET
TO REFLECT THE APPRO V AL OF A SUPPLEMENTAL BUDGET APPROPRlA TION AND APPROVING THE A WARD OF RFP-I0-22 FOR THE EMPLOYEE COMPENSATION/STRUCTURE ANALYSIS TO WATERS CONSULTING, GROUP,
INC. IN AN AMOUNT NOT TO EXCEED $24,500 D PUBLIC HEARING D BlDS/MOTIONS [8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2 ND READING D YES The Employee
Compensation/Structure Analysis project was initiated by City Council during the April 20 I 0 Strategic Planning Retreat. The scope as detined by the City Council Committee will examine
the following areas: a. Review and evaluate the structure and compensation levels of the Executive Management Team (EMT) and provide analysis and recommendations on those levels and
structure b. Review and evaluate staffing levels in the Administrative Services Department and the Administrative Assistant to the Mayor and to the City Council and provide analysis
in response to whether or not the department is appropriately staffed for the size of the organization c. Review and evaluate Wheat Ridge's current process for completing its annual
salary market survey and recommend potential changes to the process (based on public sector best practices) V:IFormslCAFtemplate
Council Action Form June 28, 2010 Page 2 This project has been identified as a priority project by the City Council and is part ofbuilding the City's framework for financial sustainability.
Specifically, the following areas identified above were a result of the "Service Reductions 20 I 0-20 II Evaluation" discussion during the April 2010 City Council Strategic Planning
Session. Items #1 (Human Resources) and #5 (Executive Level "performance audit") were identified. Following the interview with Waters Consulting Group, Inc., the Council
Committee amended the scope of item # I (Human Resources) to be included with a review and assessment of the Administrative Services Department and the position of Administrative Assistant
to the Mayor and City Council as a whole. The Purchasing and Contracting Office inquired with other agencies for a cooperative bid with similar scope of work in an effort to complete
the project within a critical timeline. The City of Thornton responded with a project that was formally bid, bid, short listed, interviewed and rates negotiated. They awarded to the
Waters Consulting Group, Dallas, Texas for an amount under $25,000. After further inquiry with the City of Thornton, it was discovered they did not include cooperative language in the
RFP. However, both the City of Thornton and Waters Group agreed to include as a cooperative bid and extend the services and fee schedule. An interview with Waters Consulting Group and
the Council Committee was conducted on Monday, June 21 , 2010. The Council Committee recommended a revision in the scope of work and award in the not to exceed amount of $24,500. PRIOR
ACTION: None FINANCIAL IMPACT: Funding for this award was not included in the 20 I 0 Operating budget. Funds in the amount of $24,500 for this project will be taken from the City'S general
fund balance. BACKGROUND: The attached Compensation/Structure Analysis Statement of Work provides further detail to the scope of work to be conducted by Waters Consulting Group. RECOMMENDATIONS:
Based upon the consultant's demonstrated capabilities and performance through the City's cooperative purchasing agreement, staff recommends the bid award Waters Consulting Group, Inc.
RECOMMENDED MOTION: "I move to approve Resolution No. 34-20 I 0 -a resolution amending the fiscal year 20 I 0 general fund budget to reflect the approval of a supplemental budget appropriation
and approving the award of RFP-IO-22 Employee Compensation/Structure Analysis to Waters Consulting Group, Inc. in a not to exceed amount of$24,500. Or,
Council Action Form June 28, 20 I 0 Page 3 "I move to deny approval and award of Resolution No. 34-20 I 0 -a resolution amending the fiscal year 20 I 0 general fund budget to reflect
the approval of a supplemental budget appropriation and award of RFP-I 0-22 Employee Compensation/Structure Analysis in a not to exceed amount of $24,500 to Waters Consulting Group,
Inc. for the following reason(s) " REPORT PREPARED BY: Heather Geyer, Interim Administrative Services Director Linda Trimble, Purchasing Agent Patrick Goff, City Manager A TT ACHMENTS:
l. Resolution No. 34-2010 2. Statement of Work
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34 Series of 201 0 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION AND APPROVING THE AWARD OF RFP-10-22 FOR THE EMPLOYEE COMPENSATION/STRUCTURE ANALYSIS TO WATERS CONSULTING, GROUP, INC. IN AN AMOUNT NOT TO EXCEED $24,500 WHEREAS, the
City Council identified the Employee Compensation/Structure Analysis Project as a priority for 2010 as a result of the April 2010 Strategic Planning session; and WHEREAS, the Employee
Compensation/Structure Analysis Project is important to the City Council's efforts in building a framework for financial sustainability; and WHEREAS, the Wheat Ridge Charter requires
that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the supplemental budget appropriation to the Waters Consulting Group, Inc.