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HomeMy WebLinkAboutStudy Session Packet 08-06-12STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO August 6. 2012 6:30p.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. PUBLIC COMMENT ON AGENDA ITEMS APPROVAL OF AGENDA .L Elected Officials' Report(s) a) Cultural Commission Report 2 . Staff Report( s) a) 38th Ave. Update & Grand Opening Event Report b) City Audit 101 c) Code Amendment regarding review for Public Schools d) Public Improvement Escrow Agreements e) Right-of-Way Permit Insurance Requirements 3 . Kipling Multi-use Trail 4 . Industrial Zoning Code Amendments "j ~ .. "' , r City of ~~Wheat&_dge ~ADM I NISTRATIVE SERVICES TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council r\1 Patrick Goff, City Manager W Heather Geyer, Administrative Services Director/PIG August 6, 2012 Staff Report: City Audit 101 The purpose of this memorandum is to provide you with background on the City Audit process in preparation for Wendy Swanhorst ofSwanhorst & Company, the City's independent auditor, who will present the 2011 Comprehensive Annual Financial Report (CAFR) to City Council on August 13 , 2012. The 2011 CAFR reflects the findings from the audit performed for the year beginning January 1, 2011 through December 31 ,2011. The CAFR is the culmination of the City audit and Council will be asked via a motion to accept the CAFR as part of the August 13 111 agenda. The Council plays an important fiduciary role in the review and approval of the CAFR. What is an audit? An audit is a thorough examination of the City's finances. As stated by Crystal Dorsey in the attached article from CML Magazine, "The goal of auditing is to provide assurance for citizens, legislators, and others that government funds are accounted for properly and that government organizations are in substantial compliance with laws and regulations. An audit is designed to provide assurance to the readers of the financial statements that the statements are presented fairly and are materially correct." Why Does the City conduct an audit? The City audit is conducted on an annual basis by an independent, third-party accounting firm . The City audit is conducted in accordance with generally accepted auditing standards (GAAS) used in the U.S. Additionally, the audit is a culmination ofthe City's compliance with laws and regulations . The City is required to conduct an audit on an annual basis in accordance with City Charter Section 1 0.15. Colorado Law also requires local governments to conduct an annual audit. Audit Timeline & Deliverables Each year the audit begins in December of the year to be audited with initial "testing" of documentation, i.e ., visa card purchase receipts reports that are kept on record in the Finance Divi sion. The auditors then come back to the City in the spring, typically in April , to conduct the audit which takes about one to two weeks. Following their time at the City, the auditors prepare the annual financial statements. The City then reviews these statements and prepares a draft of the Management 's Discussion and Analysis (MD&A) which is reviewed by the auditors . City Audit 101 August 6, 2012 Page2 The purpose ofthe MD&A is to provide summary analysis of the financial statements found in the CAFR . The MD&A highlights what has changed in the financial statements based on a comparison of what was budgeted for the audited year. As part of your Council packet for the August 13 ,2012 City Council meeting you will receive the following items: • A Managem ent Letter from Swanhorst & Company • A spiral bound Comprehensive Annual Financial Report (CAFR) The Manage me nt Letter consists of a summary and highlights the following: • Significant Accounting Policies • Accounting Estimates • Significant Audit Adjustments • Disagreements with Management • Consultations with Other Independent Accountants • Difficulties Encountered in Performing the Audit • PriorY ear Follow Up -auditors outline any items from the previous audit. Staff provides explanation to these items in the Council Action Form for the CAFR . • Other information • New Accounting Standards -auditors inform the City of any new accounting standards that the City needs to adopt. • Conclusion The CAFR is typically 30-35 pages long and consists of the following information: • Basic Financial Statements • Required Supplementary Infom1ation -this section includes a page on Budgetary Comparison for the General Fund . This page breaks down the original budget amount for revenues and expenditures, the final budget amount , actual amount and the variance. The variance is the important column ofinfonnation to look at when reviewing this page. • Supplementary Information-infonnation in this section provides the balance sheet for non-major governmental funds , statement of revenues /expenditures and changes in fund balances for non-major governmental funds , and then budgetary comparisons for special funds. • Compliance Section -this section consists of a Local Highway Finance Report which accounts for Highway user tax revenue and use of funds. The MD&A is a summary of the financial statements and provides analysis on the following: Net Assets , General Fund Budgetary highlights i.e., supplemental budget appropriations , Capital Asset and Debt Administration , and an overall look at Economic Factors . Single Audit ln addition to the annual audit in 2011 , the City was required to conduct a Single Audit. This type of audit is required when the City receives more than $500 ,000 in federal funding , which the City has received in the fonn of grants. The Single Audit is an audit of grant funds City Audit 10 I August 6 , 2012 Page 3 associated with City projects and is an examination of the use of those funds only. Again, this audit is conducted separately from the overall annual City audit but done on a similar timeline. Please feel free to reference page 15 of the CML article attached for further explanation of a Single Audit. In summary after you have an opportunity to review your packet for August 13 111 , please feel free to ask Wendy Swanhorst questions following her presentation of the CAFR. Overall , there are a lot of pieces to a City audit and getting through an audit each year is a big team effort. I do want to recognize the work of Linda Stengel our Accounting/Finance Supervisor. Our auditors often comment about the great work Linda does in preparation for the audit , which helps it go more quickly and smoothly, saving both time and money. /hmg Attachments: 1. CML Article Auditing Basics for Local Government FEATURE Attachment 1 By Crystal Dorsey, Office of the State Auditor local government audit manager AUDITING BASICS FOR LOCAL GOVERNMENTS COLORADO LOCAL GOVERNMENTS, including municipalities , are required to have an annual audit of their financial statements in accordance with state statutes . Each audit must be submitted to the Office of the State Auditor (OSA). This article will provide general information and answer your burning questions about what an audit is , what an audit requires , how to select an auditor, what the role of the auditor is , and what local governments are responsible for. What is an audit? The goal of auditing is to provide assurance for citizens, legislators , and others that government funds are accounted for properly and that government organizations are in substantial compliance with laws and regulations . An audit is designed to provide assurance to the readers of the financial statements that the statements are presented fairly and are materially correct. / An audit is conducted under standards established by the American Institute of Certified Public Accountants (AICPA), the U.S . Government Accountability Office (GAO), or the additional requirements of the federal Office of Management and Budget's (OMB) "Circular A-133 , Audits of States , Local Governments , and Non-Profit Organizations , and the Single Audit Act Amendments of 1996," otherwise known as the "Single Audit Act." Is an audit required? Colorado Local Government Audit Law requirements The Local Government Audit Law (or "the Audit Law," C.R.S. § 29-1-601, et seq.) requires Colorado local governments to have an annual audit of their financial statements. The law states that the audit must be performed by an independent certified public accountant (CPA) and be in accordance with generally accepted auditing principles (GAAP). The Audit Law specifies that those local governments with revenues or expenditures less than $500,000 can be exempt from audit as long as the Application for Exemption from Audit form is completed and submitted to the state auditor for approval. Single Audit requirements The federal Single Audit Act establishes standards for audits of states, local governments, and nonprofit organizations expending federal funds . Governments are required to complete a single audit in accordance with this act if they have expenditures of federal financial assistance in excess of $500,000. A single audit will expand the auditor's procedures in accordance with OMB Circular A-133 guidelines to testing compliance with grant requirements, additional reporting on internal controls over financial reporting, and compliance with laws and grant agreements. If a single audit is required, the auditor will provide separate opinions in the financial statements discussing these issues. How do I select an auditor? The selection of an auditor is an important part of obtaining a quality audit. When selecting an auditor, the government should consider the DECEMBER 2011 auditor's governmental auditing experience, availability to conduct the audit within the required time frame, and knowledge of current governmental accounting and auditing standards. A request for proposal (RFP) should be issued by the government to solicit proposals from audit firms that wish to be considered in the auditor selection process . In the RFP, the government can request that specific information be included in the auditor's proposal and define the services and qualifications required . Some local governments select an auditor based on price only. This is a dangerous practice that may lead to receiving a substandard audit. Governments should evaluate potential auditors based on other qualitative factors, such as responsiveness and experience. It is highly recommended that local governments interview at least three audit firms before making a selection . If all other factors are the same, then justification can be made for selecting the firm that has the lowest bid price. Additionally, local governments can check the Board of Accountancy website (www.dora .state.co.us/ accountants) for CPA firm licensee status to determine if there are any previous or current board disciplinary actions on file . Be sure to ask for, and check, references from other governments for which the audit firm has provided services. We've selected an auditor. What's next? According to auditing and AI CPA standards, when an auditor is selected, an engagement letter should be completed by the auditor and signed by the government. In general , the engagement letter should establish the scope of the audit, the auditor's responsibilities, and time lines involved in the audit. Audit work should not begin until the engagement letter has been signed by all parties involved . What is the auditor's role? The auditor's role is to conduct an independent audit and render to outside parties an unbiased opinion on the fair presentation of the financial statements. The auditor must conduct the audit in accordance with standards established by the AI CPA. If the local government has expended federal funds , the audit may also be conducted in accordance with standards established by the OMB and the GAO. The auditor is required to plan the audit and obtain a sufficient understanding of the entity's internal control structure to determine the nature, timing, and extent of tests to be performed . The auditor will then obtain sufficient, appropriate evidential matter to afford a reasonable basis for an opinion regarding the financial statements under audit. The auditor will inspect financial records, observe how transactions are posted, make inquiries of staff and management, and confirm certain amounts with outside parties. The final responsibility of the auditor is to issue a report that contains either an expression of opinion regarding the financial statements taken as a whole , or an assertion to the effect that an opinion cannot be expressed . There are several different types of audit opinions that can be used by the auditor. Audit opinions generally fall into four broad categories: ·An unqualified opinion means that the financial statements present fairly, in all material respects , the financial position , results of financial operations , and cash flows of the entity in conformance with GAAP. This opinion is generally referred to as a "clean" opinion. 15 It is management's responsibility to design and maintain a system of internal control that will help ensure the government's as.set$ are safeguarded properly. ·A qualified opinion states that "except for the effects of the matter(s) to which the qualification relates , the financial statements present fairly ... " In other words, a qualified opinion means that the auditor identified something that is not in accordance with GAAP, or there was something that the auditor was unable to verify. A qualified opinion may be a red flag to the readers of the statements . It should always be discussed thoroughly with the auditor. Receiving an opinion like this should cause local government officials to determine what caused the problem , and take steps necessary to ensure the following year's opinion is unqualified. • A disclaimer of opinion states that "the auditor does not express an opinion ." An auditor will issue a disclaimer when there are major scope limitations , where there are material uncertainties that cannot be resolved , or when for a variety of reasons sufficient, competent evidence cannot be examined . An opinion of this type also may be a red flag to the readers of the statements. As with a qualified opinion, receiving an opinion like this should cause local government officials to determine what caused the problem, and take steps necessary to ensure the following year's opinion is unqualified. • An adverse opinion states that "financial statements do not present fairly ... " Something in the financial statements has caused the auditor to believe that the financial statements are not presented fairly in conformity with GAAP. An adverse opinion will cause the audit to be rejected upon submission to the OSA. The local 16 government will then be required to correct the problem and resubmit another audit report . In addition to audit opinions , the auditor usually provides to the governing board a management letter and performs a formal presentation of the audit report . The management letter is used by the auditor to inform the governing board of further financial issues discovered during the audit, such as areas for improving internal controls . What are the municipality's responsibilities? Internal control It is management's responsibility to design and maintain a system of internal control that will help ensure the government's assets are safeguarded properly. Local government officials play a key role in establishing priorities and have a responsibility to protect the government's assets against the risk of fraud and abuse. An auditor will spend a fair amount of time asking questions of management about the checks and balances that the government has in place to prevent or deter fraud . Management representations The auditor is required by auditing standards to obtain written representations from management as part of conducting the audit. Upon completion of the audit, the auditor will ask key management personnel to sign a management representation letter. Failure to sign the letter normally will result in the auditor's either withdrawing from the engagement or issuing a qualified opinion or disclaimer of opinion. Each representation letter is tailored to fit the audit performed . Some of the most common matters relating to the audit that may be included in the letter include management's acknowledgement of its responsibility to verify the accuracy of the following: • financial statements ; • completeness of financial records and related data ; • programs and controls designed to prevent and detect fraud; • plans that may affect the value of assets or liabilities ; • information concerning related-party transactions; • disclosure of violations or possible violations of laws or regulations; • disclosure of other liabilities and gain or loss contingencies; • compliance with aspects of contractual agreements; and • information concerning subsequent events (if anything occurred between the end of the fiscal year and the completion of the audit fieldwork that would have an impact upon the financial statements). What's next? The relationship a local government has with its auditor is an important one. Understanding the importance of the audit , selection of a qualified auditor, and cooperation during the audit process can lead to a successful audit and provide accurate, reliable information to the citizenry. Bottom line -don 't be afraid to ask questions of your auditor. They are there to help . For more information, visit the OSA's website at www.state .co .uslauditoror email OSA at osa .lg@state .co .us . COLORADO MUNICIPALITIES ;t+em ~~c) ~~· .. ... -r City of ~~WheatB.i._dge .J¥c"oMMUNI1Y DEVELOPMENT Memorandum TO: The Mayor and City Council THROUGH: Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner II DATE: July 27, 2012 (for August 6 Study Session) SUBJECT: Code Amendment regarding review for Public Schools Introduction The City's zoning code requires a Special Use Permit (SUP) for public and privates schools in all residential zone districts, both agricultural zone districts , and in the Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial-One (C-1) districts. Prior to a new school opening in one of these zone districts, the applicant is required to complete the SUP process. An SUP would also be required if an expansion beyond the size of the originally-approved school were proposed. The State of Colorado adopted legislation about the siting and construction of public and charter schools, codified in Section 22-32-124 of the Colorado Revised Statutes (CRS). Staff recently learned from the City Attorney that the requirement for an SUP for a public or public charter school is in conflict with this state law. This memo provides a review of proposed changes to the code so that it coincides with the CRS regulations regarding the siting of schools. Background Public and private schools (along with colleges and universities) are currently a special use in all residential zone districts, both agricultural zone districts, and in the Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial-One (C-1) zone districts . Any special use requires an approved Special Use Permit (SUP) in order to legally operate. The SUP process entails a neighborhood meeting, referral of the application to outside agencies and utility providers, and a public noticing period. If public objections are received , an SUP must be approved in a public hearing by City Council. If not, an SUP may be approved administratively. SUP's are approved, approved with conditions, or denied based on a Jist of criteria that relates to the impacts of the use. The SUP process typically takes about three months and entails the review of a site plan and, for some uses, also requires review of a traffic study. The City has been requiring SUPs for new or expanded schools in the zone districts listed above for many years. Recently, a publicly-funded charter school in Wheat Ridge (located in residential and agricultural zone districts) requested an expansion. Staff informed them of the typical process to apply for an updated SUP that would address the impacts, particularly related to traffic, of a significantly increased student body. The charter school protested, citing the regulations in CRS 22-32-124, which state that local jurisdictions "crumot limit the authority of a board of education to finally determine the location of the public schools of the school district and construct necessary buildings and structures." Staff consulted the City Attorney on this topic. After careful review of the legislation and case law, the City Attorney concluded that Wheat Ridge cannot require a pub1ic school or publicly-funded charter school to complete an SUP before granting permission to locate on a new site or to expand at a current site. The City Attorney did find , however, that it is acceptable to require review of a site plan and other necessary documents, such as a traffic study, for a new or expanding public school. Thus staff is recommending that public schools become pennitted uses in all zone districts , but that they are required to complete the Site Plan review process (outlined in Section 26-111 of the code). More detail on the proposed changes is included in the section below . Overview of Proposed Code Changes The primary purpose of this code change is to (a) bring Wheat Ridge zoning regulations in conformance with state law and (b) continue to provide a method to review the impacts of a school on its surrounding neighborhood. The first proposed code change is to clearly list public schoo ls, as weJl as charter schools, as a permitted use in aJl zone districts. According to the City Attorney, this is the only way to ensure compliance with the State's regulations. In order to make this change, staff proposes to separate public and public charter schools from private schools, colleges, and universities in the permitted use table and to add a definition for each type of school to the code. Private schools, as well as colleges and universities, would remain special uses in the srune z one districts that they are today. The second proposed code change is to clarify that, although pub1ic schools are a permitted use in any zone district, they are subject to the Site Plan review process. Similar to the SUP process, the Site Plan process requires submittal of a site plan as we1l as any other supplemental material that staff deems necessary, such as building elevations, landscape plans, drainage studies, and traffic impact studies. Also similar to the SUP process, staff places the proposed site plan on review to outside agencies and utility providers for their comments. Unlike an SUP, the Site Plan process does not require a neighborhood meeting or public comment period and there is no chance that it wi1l go to pubJic hearing. All Site Plans are approved administratively. TI1e attached document shows a draft of the proposed changes to the code. Action Requested and Next Steps Staff would like to receive any input or questions from City Council at the Study Session on August 6. Plruming Commission already reviewed the changes at a Study Session in July. The next step will be to bring a final ordinance to Planning Commission and City Council this fall. Attachments: 1 . Proposed code chan ges 2 ATTACHMENT1-PROPOSEDCODECHANGES Proposed Additions and Deletions from Definitions (Section 26-123): School, charter. A public school established by contract with a local school board for any grades between kindergarten or twelfth that is either accredited by the Colorado Department of Education or recognized by and in good standing with the Colorado Department of 1Education. This term shall not include day camps or trade or business schools. School, private. Any private or parochial school for any grades between kindergarten and twelfth that is either accredited by the Colorado Department of Education or recognized by and in good standing with the Colorado Department of Education. This term shall not include day camps or trade or business schools. School. public. Any public school for any grades between kindergarten and twelfth that is either accredited by the Colorado Department of Education or recognized by and in good standing with the Colorado Department of Education. This term shall not include day camps or trade or business schools. Deleted: Ssheol, public, private and parochial. Any public, parochial or pri¥ate school for any grades between kindergarten and twelfth that is either accredited by the Colorado Department of Education or recognized by and in good standing with the Colorado Department of Education for purposes of compulsory education requirements. This term shall not include "trade or business schools" or "day camps." Proposed Changes to Permitted Use Tables: Table of Uses-Residential Uses Notes R-1 R-R-R-1C R-2 R- 1A 18 2A One-family p p p p p p dwelling Two-family p p dwelling Three-family p dwelling Four-family p dwelling Attachment 1 R-3 p p p p R- 3A p p p p Uses Notes R-1 R-R-R-1C R-2 R-R-3 R- 1A 18 2A 3A Multifamily p p dwelling Bed and See§ 26-608 s s s s s s s s breakfast Church, parish s s s s s s s s house Day care s s s s s s p p home, large Electric s s s s s s s s transmission substation Farmers' Not permitted as an p p p p p p p p markets accessory use on properties where the primary use is a single-or two-family home. Submittal to community development department required. See§ 26-635 Foster care p p p p p p p p home Governmental No outside storage p p p p p p p p and quasi- governmental buildings, fire stations and public utility buildings Governmental Outside storage s s s s s s s s and quasi- governmental buildings, fire stations and public utility buildings Parking of Shall be allowed only on p p p p p p p p automobiles of lots containing clients, nonresidential or quasi- patients or public uses, subject to § patrons of 26-501C.4 adjacent commercial or nonresidential uses Uses Notes R-1 R- R-R-1C R-2 R-R-3 R- 1A 18 2A 3A Parking of Shall be allowed on lots s s s s s s s s automobiles of adjacent to business only clients, if the business owner also patients or owns the adjacent lot patrons of adjacent commercial uses Parks Includes: Noncommercial p p p p p p p p playgrounds or other public recreation uses Produce See§ 26-636. Where p p p p p p p p stands located on a lot with a residential dwelling unit, must meet home occupation regulations per § 26-613 Public or Restaurants, lounges and s s s s s s s s private golf bars permitted as courses, accessory to a public or country clubs private golf course or clubs operated for the benefit of members only and not for gain PubliG aREI s s s s s s s s pFhJate sGheels, Gelleges aREI uRi¥eFSities. Residential See§ 26-612 s s s s s s s s group home for children Residential See§ 26-612 p p p p p p p p group homes, nursing homes, and congregate care facilities for 8 or fewer elderly persons Uses Notes R-1 R-R-R-1C R-2 R-R-3 R- 1A 18 2A 3A Residential See§ 26-612 s s s s s s s s group homes, nursing homes, or congregate care facility for 9 or more elderly persons SCHOOLS; MUST COMPLETE SITE p p p p p p p p PUBLIC AND PLAN REVIEW PUBLIC PROCESS PER § 26-111 CHARTER INCLUDES THOSE USES COMMONLY ACCEPTED AS NECESSARY THERETO WHEN LOCATED ON THE SAME PREMISES. SCHOOLS: INCLUDES: THOSE s s s s s s s s PRIVATE; USES COMMONLY COLLEGES ACCEPTED AS AND NECESSARY THERETO UNIVERSITIE WHEN LOCATED ON s THE SAME PREMISES Urban gardens See§ 26-637 p p p p p p p p Wind powered Not in excess of 35 feet s s s s s s s s electric generators Table of Uses-Agricultural and Public Facilities Uses Notes A-1 A-2 PF Bed-and-breakfast Subject to requirements set forth in s s § 26-608 Cemeteries and Not including funeral homes s s crematories Churches parish s s houses Day care home, s s Uses Notes A-1 A-2 PF large Day care center, s s large Day care center, s s small Dog kennels, Provided that outside runs which s s catteries, veterinary are adjacent to residentially zoned hospitals or used property are no closer than 25 feet to a side or rear lot line Electric transmission s s substations Farmers' markets Submittal to community p p p development department required. See§ 26-635 General farming and PROHIBITED in A-1: The raising or p p raising or keeping of keeping of swine stock, bee keeping, INCLUDED in A-2: The keeping of poultry or small swine and/or potbellied pigs, Sus animals such as Scrota Vittatus, except such rabbits or chinchillas animals shall not be fed garbage Foster care home p p Fish hatcheries p p Governmental and No outside storage p p p quasi-governmental buildings, fire stations and public utility buildings Governmental and Outside storage s s p quasi-governmental buildings, fire stations and public utility buildings Greenhouses and See§ 26-624 p p landscape nurseries, including both wholesale and retail sales of related products One-family dwelling p p Parks Includes noncommercial p p p playgrounds or other public recreation uses Produce stands See§ 26-636. Where located on a p p p lot with a residential dwelling unit, must meet home occupation Uses Notes A-1 A-2 PF regulations per§ 26-613 PYblis aAd pFi¥ate lA pYbliG fasility distFiGt OAiy s s p sshools, solleges, pYblis sshools aAd YAi¥eFsities Public or private golf Not including a private club which s s courses, country provides service customarily carried clubs or clubs on as a business operated for the benefit of members only and not for gain Race track, fair s s grounds, amusement resorts , heliports, radio towers and stations Residential group See§ 26-612 p p homes for 8 or fewer elderly persons Residential group or See§ 26-612 s nursing homes, or congregate care facilities for 9 or more elderly persons SCHOOLS; MUST COMPLETE SITE PLAN p p p PUBLIC AND REVIEW PROCESS PER § 26-111 PUBLIC CHARTER INCLUDES THOSE USES COMMONLY ACCEPTED AS NECESSARY THERETO WHEN LOCATED ON THE SAME PREMISES . SCHOOLS: . INCLUDES: THOSE USES s s p PRIVATE; COMMONLY ACCEPTED AS COLLEGES AND NECESSARY THERETO WHEN UNIVERSITIES LOCATED ON THE SAME PREMISES Residential group See§ 26-612 s homes for children Riding academies Provided that any structure housing p p and public stables animals which is adjacent to a residentially zoned or used property shall be no closer than 25 feet to a side or rear lot line Urban gardens See§ 26-637 p p p Uses Notes A-1 A-2 PF Wind-powered s s electric generators not in excess of 35 feet. Table of Uses-Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 1-E SCHOO LSi MUST COMPLETE SITE PLAN p p p p p PUBLIC AND REVIEW PROCESS PER § 26-111 CHARTER INCLUDES THOSE USES {KINDERGARTEN COMMONLY ACCEPTED AS THROUGH HIGH NECESSARY THERETO WHEN SCHOOL) LOCATED ON THE SAME PREMISES. INCLUDES: THOSE USES COMMONLY ACCEPTED AS NECESSARY THERETO WHEN LOCATED ON THE SAME PREMISES Schools: PubliG; INCLUDES : Those uses commonly s s s p p PRIVATE accepted as necessary thereto when (KINDERGARTEN located on the same premises THROUGH HIGH SCHOOL) SCHOO LSi INCLUDES: THOSE USES s s s p p COLLEGES AND COMMONLY ACCEPTED AS UNIVERSITIES NECESSARY THERETO WHEN WITH OUTDOOR LOCATED ON THE SAME CAMPUS PREMISES J+ent-~.d) ~~·~ .. r-City of A~WheatRi_dge ~PUBLIC WORKS Memorandum T O : Patrick Goff, City Manager FRO M : Tim Paranto , Director of Public Works DATE: July 26 , 2012 (for August 6 Study Session) SUBJECT: Public Improvement Escrow Agreements Last fall the City Council amended Chapter 5 of the City Code, eliminating the requirement of escrows for public improvements associated with some building permits . Existing escrows on residential properties are returned to the property owner if they are not utilized by the City to complete the improvements within ten years . However, the original City Code required that escrows on commercial and industrial properties were to be held indefinitely. Staff proposes that these commercial and industrial property escrows be closed and the funds transferred to the new dedicated Public Improvement Fund. The Fund was created for deposit of funds received when construction of public improvements required to approve building pern1its is not practical (in lieu of escrows). The Public Improvement Fund will be used to constructed small sidewalk , curb & gutter and storm sewer projects throughout the City. The City is currently holding 1 5 escrows for public improvements associated with building permits on commercial and industrial properties . It is not anticipated that the improvements associated with these escrows will be constructed in the near future. Staff recommends that theses escrows be closed and the funds be used for needed sidewalk, curb and gutter construction in the City through the Public Improvement Fund. The value of the escrows is $124 ,172.20. The City Attorney has drafted an ordinance that would allow the closing of the commercial and industrial property public improvement escrows , with the escrowed funds being transferred to the Public Improvement Fund. The ordinance provides that the property owner who posted the escrow be contacted and hav e the opportunity to request that the funds remain in escrow to pay for improvements adjacent to their property. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. __ _ Ordinance No. ----Series 2012 TITLE: AN ORDINANCE AMENDING SECTION 5-45 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING CERTAIN ESCROW AGREEMENTS AS SECURITY FOR PUBLIC IMPROVEMENTS WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority to regulate the development of land and the construction of public improvements in connection therewith; and WHEREAS, in the exercise of this authority, the City Council has previously adopted Section 5-45 of the Wheat Ridge Code of Laws requiring public improvements as a condition of building permit issuance; and WHEREAS, a prior version of Section 5-45 permitted posting of security by development covenant and escrow when immediate construction of the required improvements would be impractical; and WHEREAS, the City currently holds escrowed funds for public improvements for certain industrial and commercial projects , for which the public improvements originally planned have not been constructed and may never be required in the nature and location originally contemplated by the associated escrow; and WHEREAS, the City Council wishes to amend Code Section 5-45 to permit the City to credit such escrowed funds to the Public Improvement Fund of the City, after notice and opportunity for hearing being given to the original developer. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-45 of the Wheat Ridge Code of Laws, entitled "Public improvements required" is amended by the addition of a new subsection (i) to read as follows: (e) THE PUBLIC WORKS DIRECTOR SHALL HAVE THE AUTHORITY TO CLOSE ANY ESCROW HELD BY THE CITY UNDER THE PRIOR VERSION OF THIS SECTION , FOR COMMERCIAL OR INDUSTRIAL PROJECTS AND TO CREDIT THE FUNDS TO THE CITY PUBLIC IMPROVEMENT FUND, UPON SATISFACTION OF THE FOLLOWING CONDITIONS: 1. WRITTEN NOTICE AND AN OPPORTUNITY FOR HEARING BEFORE THE PUBLIC WORKS DIRECTOR SHALL BE GIVEN BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE DEVELOPER; 2. THE DIRECTOR MUST FIND THAT THE ORIGINAL PURPOSE OF THE ESCROWED FUNDS HAS BEEN OR CANNOT BE FULLFILLED ; AND 3. THE ORIGINAL DEVELOPER SHALL BE RELEASED FROM ANY FURTHER OBLIGATION WITH RESPECT TO THE PLANNED PUBLIC IMPROVEMENTS FOR WHICH THE ESCROW WAS CREATED. Section 2. Severability, Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 3. Effective Date. This Ordinance shall take effect fifteen ( 15) days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _ on this __ day of , 2012 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge , and Public Hearing and consideration on final passage set for , 2012 at 7:00 p.m., in the Council Chambers , 7500 West 29 1h Avenue, Wheat Ridge, Colorado . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of , 2012 . SIGNED by the Mayor on this __ day of _____ , 2012 . ATTEST: Janelle Shaver, City Clerk First Publication : Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio , Mayor Approved as to Form Gerald E. Dahl , City Attorney ~~·, .... ~ r City of • .. ~WheatR.t_dge ~PUBLIC WORKS Memorandum TO: Patrick Goff, City Manager f)}j. FRO M : Tim Paranto, Director of Public Works DATE: July 26 , 2012 (for August 6111 Study Session) SUBJECT: Right-of-Way Permit Insurance Requirements Article III of Chapter 21 of the City Code allows temporary use of the City's right-of-way by pem1it. While many of the penn its issued are truly temporary in nature, many are for longer term improvements, such as fences , walls, landscaping features , inigation systems, etc. The existing City Code requires that the right-of-way use permits be issued for no more than five years and that certificates of insurance are provided to the City yearly. To provide a "less restrictive environment", Staff proposes that the City Code be amended to allow long-term use of the City property without the insurance requirement through a special permit that indemnifies the City and is recorded against the property. The long-term permits would still be revocable as required by Section 15.9 of the Home Rule Charter. The City Attorney has drafted the attached ordinance amendment that will allow long-term permits as discussed above. ATTACHMENT: 1. Draft Ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. ---Ordinance No. ----Series 2012 TITLE: AN ORDINANCE AMENDING CHAPTER 21-107 OF THE WHEAT RIDGE CODE OF LAWS TO PERMIT WAIVER OF INSURANCE REQUIREMENTS FOR CERTAIN LONG TERM RIGHT-OF-WAY PERMITS WHEREAS, Section 15.9 of the Wheat Ridge Home Rule Charter authorizes the Council to permit use of City rights-of-way and other City property; and WHEREAS, the City of Wheat Ridge , acting through its City Council has authority to enact ordinances governing the use of City rights-of-way; and WHEREAS, in the exercise of this authority the Council has previously enacted Article Ill of Chapter 21 of the Wheat Ridge Code of Laws entitled "Permits for Use of Right-of Way"; and WHEREAS, the Council wishes to amend the Code to permit long-term right-of- way use permits to be issued without requirement of insurance , conditioned upon the permittee indemnifying the City and the permit being recorded. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 21-102 of the Wheat Ridge Code of Laws is amended to read: Sec. 21-102.-Term of right-of-way use permits. The term of the permit provided for by this article shall be no longer than five (5) years from the date of issuance, UNLESS THE PERMIT IS TO BE RECORDED AS PROVIDED BY SECTION 21-107(D), IN WHICH CASE THE TERM MAY BE OF ANY LENGTH OR INDEFINITE. The DIRECTOR OF PUBLIC WORKS city engineer shall determine the appropriate term and issue the permit accordingly. Issuance of any permit shall not preclude the city from terminating said permit at any time , without liability to the city , pursuant to the provisions of section 21 -104 of this Code and Charter section 15.9 . Section 2. Section 21-107 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (d) to read: Sec. 21-107. Insurance requirements. Attachment 1 (a) ... (d) The requirements of this section may be waived by the director of public works upon the condition that the permittee adequately indemnify the city and that the permit itself be recorded in the real property records of the Jefferson County Clerk & Recorder. Section 3. Severability, Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication , as provided by Section 5 .11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this __ day of , 2012 , ordered published in full in a newspaper of general c irculat ion in the City of Wheat Ridge , and Public Hearing and consideration on final passage set for , 2012 at 7:00 p.m., in the Council Chambers , 7500 West 29 1h Avenue , Wheat Ridge , Colorado . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of , 2012. SIGNED by the Mayor on this __ day of _____ , 2012. ATTEST : Janelle Shaver, City Clerk First Publication : Second Publication: Wheat Ridge Transcript Effect ive Date : Jerry DiTullio , Mayor Approved as to Form Gerald E. Dahl , City Attorney f+VK-3. ~ ~. ~ "'" .. City of A~Wheat~dge ~PUBLIC WORKS Memorandum TO: Patrick Goff, City Managerm FROM: Tim Paranto , Director of Public Works DATE: July 3 I , 2012 (for August 6, 2012) SUBJECT: Kipling Multi-use Trail In October 201 0 the City applied to the Denver Regional Council of Government for Federal transportation funds available for fiscal years 2012 through 20I7 to help finance the construction of a multi-use trail on Kipling Street from 32 11 d to 44 1h Avenue. DRCOG awarded the grant application in March 20 II. On October 24 , 20 II , the City Council entered into an intergovernmental agreement with the Colorado Department of Transportation (COOT) for the project. This project will provide a new pedestrian and bicyclist route which connects Crown Hill Park , Discovery Park, the Wheat Ridge Recreational Center and the Clear Creek Trail. The trail will be ten feet wide and will be generally attached to the existing street curb to minimize right-of- way needs. The project also includes the installation of pedestrian lighting along the trail , including the existing trail within Discovery Park. A new pedestrian bridge is planned for the trail crossing of Clear Creek. This facility will greatly improve safety for pedestrians and bicyclists travelling along Kipling Street. The proposed trail construction is within the guidance of the City's Bike and Pedestrian Master Plan. The total construction amount is estimated at $3 ,178 ,000. The City will receive federal funding in the amount of $2 ,473 ,000 , with the City providing the local project matching funds in the amount of$705,000. The project design and construction will be budgeted as 2012 and 2013 expenditures . COOT will perform the contract oversight conceming federal and state regulations and the City will design and administer the construction of the project. The City will be reimbursed the full federal share of the cost of the project, not to exceed $2 ,473 ,000 , upon project completion . The City is responsible for completing the construction plans and obtaining all required clearances for utilities , environmental approvals and right-of-way acquisitions. A preliminary right-of-way plan is attached for your review. The design will be completed in 2012 with construction occurring in 2013. I Attachment 1 ' ' I ! ' ' I ' ' ' I : ' I ' ' ' l i ' i ' f 9 i -- ' i ' ' ' 1 \ - ____ .._ _______ _ IIJPUNC ST ., ... -- L-------- -"""" --.. - DPUJIG ST - ~ -,~~J 1 r -·~ - !/ I P!<!O..IECT M )(-XX-XX ? )()( ? ? XX? N .. c G) E r .c u ftS \ .. .. cc ) XIPUHC ST -z,..... .. I ~!PLING m iL 2 XX J-1-emc 4. ~~A~ , ~ .,.. City of • .. ~WheatJ34._dge ~OMMUNlTY DEVELOPMENT Memorandum TO: The Mayor and City Council THROUGH: Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner II DATE: July 27,2012 (for August 6 Study Session) SUBJECT: Industrial Zoning Code Amendments Introduction The City's comprehensive plan, Envision Wheat Ridge (2009), recommends a series of code amendments to support the plan's economic and land use goals. One recommendation is to update the existing Light-Industrial (I) zone district and consider new employment zoning that would support employment uses including light manufacturing, flex office space, and commercial activities that support employment such as dining, retail, and copy/mail services. Staff is proposing to proceed with these recommendations and will present the proposed changes, also described herein, at a Study Session on August 6 for feedback. This memo is structured as follows: 1. Background 2. Purpose of Code Amendments 3. Overview of Proposed Changes 4. Policy Feedback 5. Next Steps Background One of the major land use and economic development goals in Envision Wheat Ridge is to promote employment uses that create quality jobs and attract new employees to the City. The adopted Structure Plan identifies employment areas, mainly along the 1-70 corridor, where light manufacturing, office, and flex uses will support primary jobs. Most of these areas are currently zoned Light-Industrial (I) or Planned Industrial Development (PID). Envision Wheat Ridge notes that the current I zone district does not provide enough flexibility to promote employment-based uses such as office-flex space. It also states that the I district should be modified to change some special uses to permitted uses and to add contemporary uses, such as office-light industrial flex space, to the permitted use chart. Finally, Envision Wheat Ridge recommends consideration of employment zoning that would promote a wide range of light industrial , flex office, and service uses to support employment centers. Staff is proposing to address the recommendations in Envision W11eat Ridge by modifying the current Light-Industrial (I) zone district into a combined Industrial-Employment (1-E) zone district. The modifications would address all of the recommendations in the comprehensive plan mentioned above, including the addition of modem uses and ensuring that a wide range of employment uses (light manufacturing, flex space, office, and office services) are allowed . This is preferable to creating a brand new Employment (E) zone district since most of the employment uses recommended by Envision Wheat Ridge are already included in the I zone district and because there would need to be large rezonings to apply the E zone district in employment areas. By updating the current I zone district and renaming it I-E, all properties zoned I would become I-E without requiring a City-initiated rezoning. Staff is also proposing that property owners would have the option to apply for a straight rezoning to I-E so that employment areas not currently zoned I could become 1-E through a relatively streamlined process. Purpose of Code Amendments The main goals in updating the I zone district to an I-E district are: ( 1) Add contemporary uses, such as renewable energy and flex space, to the pem1itted use table in order to encourage employment-based uses. Similarly, remove outdated or redundant uses that no longer need to be called out in the permitted use table. (2) Change some special uses to permitted uses where additional review may not be needed. (3) Update the development standards to create more flexible setbacks and landscaping standards that better align with light-industrial development. (4) Enable the option for straight rezonings to 1-E so that properties in employment areas can take advantage of the updated zoning. Currently, the zoning code requires any property owner who wishes to rezone to I to go through the planned development process and become a Planned Industrial Development (PID). Overview of Proposed Changes The proposed changes to the I zone district are summariz ed below. Changes to Permitted Use Table and Corresponding Definitions (See Attachments 1 and 2 for draft code changes) 1. Add contemporary uses including renewable energy production, recycling centers, and flex space. 2. Convert some special uses into permitted uses, including contractor's storage yards , body art establishments, and printing and engraving services. 3. Remove redundant or outdated uses such as carting services and motor regrinding shops. 4. Add PV panels and wind turbines as permitted accessory uses. Changes to Development Standards (See Attachment 3 for complete list of proposed changes) 1. Reduce landscaping requirement from 20% to 15 %. Commercial zone districts require 20% landscaping but 15 % is more reasonable for employment and light industrial uses. The mixed use z one districts, for comparison, require 10% landscaping for a mixed use development and 15% for single use. 2. Reduce minimum front yard setback from 50 feet to 10 feet. This provides more development flexibility and better aligns with the goals in the Architectural and Site Design Manual (ASDM) to place buildings close to the street with parking and storage behind . The recently-updated ASDM also contains standards to ensure quality fa9ade design where buildings are close to the street. 2 3. Reduce minimum side yard setback where adjacent to public streets from 30 feet to 10 feet and reduce minimum rear yard setback where adjacent to public streets from 15 feet to 1 0 feet. These proposed changes provide more development flexibility and the recently-updated ASDM ensure that building facades close to the street meet minimum design standards. 4. Increase side and rear setbacks, with landscaped buffer, where adjacent to residential uses to fifteen feet from five feet. 5 . Remove automatic increased setbacks for special uses and instead require greater setbacks as needed through the Special Use Pennit (SUP) review. 6 . Clarify screening requirements for outdoor storage that already existing in Section 26-629 and 26-631 . Changes to Rezoning Process 1. Update relevant sections of the code (including 26-112 and 26-301) to allow an applicant to request to be rezoned to I-E , rather than being required to complete a planned development and be rezoned to PID . Next Steps Staff received input on the proposed changes from Planning Commission in July. After receiving feedback from City Council at a Study Session on August 6 , staff will draft a final ordinance and bring it to Planning Commission and City Council for public hearings this fall. Attachments: 1. Draft Changes to Permitted Use Table (footnotes within table are from staff to provide additional info but will not be included in final ordinance) 2. Draft Changes to Definitions 3 . Draft Changes to Development Standards 3 ATTACHMENT 1 -Proposed Changes to Commercial and Industrial District Permitted Use Table Section 26-204. Zone district use schedule Table of Uses-Commercial and Industrial Districts Uses Notes NC Adult entertainment In accordance with Wheat Ridge Code of Laws, Chapter 3 establishments Ambulance services Amusement parks Animal veterinary With outside runs; no cremation hospitals and clinics Animal veterinary Where there are no outside pens or runs for dogs; no cremation s hospitals or clinics Antique stores In NC &amp; RC Districts : Provided that no more than 200 square feet of s building area shall be allocated to repair Apparel and accessory See Footnote 1 s stores Appliance stores and incidental service and repair Art galleries or studios See Footnote 1 p Assembly halls and convention facilities Auction houses Auto service, repair See§ 26-631 and maintenance shops, minor Auto service, repair See§ 26-631 and maintenance shops, major Automobile and See§ 26-628 light-duty truck sales and rental Automotive parts and supplies sales Bail bonds businesses See Footnote 2. See § 26-634 for distance requirements 1 RC C-1 C-2 p p p p p s p p p p p p p p p p p p p p p p p p s p p p s p s s p p p 1-E p p p p p p p p p p p p p s p p ... .. c ., E J: u " .. ; Uses Notes NC RC C-1 C-2 1-E Bakeries , retail See Footnote 1 s p p p p Banks , loan and See§ 26-633 p p p p p finance offices Bed and breakfast Subject to requirements set forth in § 26-608 p p p p p homes Bicycle stores See Footnote 1 s p p p p Blueprinting , EXCLUDING : Large printing , publishing and/or book binding s p p p p photostatic copying establishments and other similar reproduction services See Footnote 1 Boat, recreational See§ 26-628 s s s vehicle and trailer sales , rentals and service Body art s s s s establishments p Book stores , stationery See Footnote 1 s p p p p and card stores Building OR See§ 26-629 s p p LANDSCAPE contractor's service shop and storage yard incidental to an office/showroom principal use. Business machine or See Footnote 1 s p p p p computer stores Butcher shops and EXCLUDING : Food processing p p p food lockers Cabinet and s woodworking shops Camera and See Footnote 1 s p p p p photographic service and supply stores Candy, nut and See Footnote 1 s p p p p confectionery stores 2 Uses Caretaker residence Uses Notes NC RC C-1 C-2 1-E Carpet cleaning and s fumigating Carting, express, TEMPORARY STORAGE DOES NOT INCLUDE THE PERMANENT s hauling or storage yard STORAGE OF ANY VEHICLES. TOW SERVICE WITH TEMPORARY STORAGE YARD Car wash, automatic s p p Car wash, coin s p p operated Caterers p p p Day care center, large p p p Day care center, small p p p Clinics and offices for C-1, C-2 & I INCLUDE: Residential facilities. s p p p p the counseling and NC & RC EXCLUDES: Residential facilities treatment of ALL districts INCLUDE: Counseling and treatment for alcoholism psychological, social, marital, developmental or similar conditions, excluding substance abuse clinics Cold storage plant p p Commercial machine s p p shops Community buildings e.g.: YMCA's, YWCA's, churches, libraries, parks, museums, aquariums p p p p p and art galleries Construction and See§ 26-629 p p heavy equipment sales, service, rental and storage CONTRACTOR'S ~ PLANT (INCLUDING BUT 3 Uses Notes NC RC C-1 C-2 NOT LIMITED TO CONCRETE PLANT1 ASPHALT PLANTI BRICK PLANTI OR LUMBER MILL) Contractor's plaRt or SEE§ 26-6291 storage yard (OUTDOOR STORAGE YARD WITH NO MAIN BUILDING) Dairy products stores See Footnote 1 s p p p Day care center and p p preschools, large Day care center and p p preschools, small Department or variety p p stores Drug stores p p Eating establishments, s s s s drive through Eating establishments, s p p p sit down Electric transmission s s s s and public utility substations Elestrisal motors aRd armature .... , ................ 2 ~:II''"_ Electrical supplies and EXCLUDING: Contractors storage yards p p service ENERGY PRODUCTION1 RENEWABLE 1 Section 26-629, Building contractor's service shops requires that outside storage areas are screened from view of streets and adjacent properties . 2 Proposed to be removed since this use is redundant (already covered under general light industrial category) 4 1-E s f p p p p p s p s s p §. Uses Notes NC RC C-1 C-2 1-E Equipment rental Subject to § 26-628; in RC District: Outside storage and display prohibited p p p p agencies Exterminators p p p p Farm equipment sales, See§ 26-628 AND§ 26-631 3 p p service and storage Farmers' markets Submittal to community development department required. See § 26-635 p p p p p Floral shops See Footnote 1 s p p p p Furniture stores p p p Garden supply stores See Footnote 1 s p p p p Gift, novelty or See Footnote 1 s p p p p souvenir stores INCLUDES: Private clubs, restaurants and lounges, driving ranges, and p p p Golf courses those uses commonly accepted as accessory thereto when located on the same premises Governmental and No outside storage p p p p p quasi-governmental buildings and offices, fire stations or public utility buildings Governmental and Outside Storage s s s p p quasi-governmental buildings and offices, fire stations or public uti lit)'_ buildings Greenhouses and See§ 26-624 s s p p p landscape nurseries, retail Greenhouses and See§ 26-624 s p p landscape nurseries, wholesale Grocery or See Footnote 1 p p p p p convenience stores , no gas pumps 3 Section 26 -631, Outside display or storage, requires that outside storage is screened from view of streets and adjacent properties. 5 Uses Notes NC RC C-1 C-2 1-E Grocery stores which See Footnote 1 s s s p p may include no more than 1 gasoline service island with no more than 2 dispensing _g_umps Hair, nail and cosmetic p p p p p services Hardware stores See Footnote 1 s p p p p Hobby and craft stores See Footnote 1 s p p p p Home furnishing p p p stores Home improvements p p p supply stores Hotels or motels for There shall be 1 ,000 square feet of gross lot area for each unit s s s transient occupancy Ice plants p p Indoor amusement e.g .: Roller r inks , bowl ing alleys , arcades and s imilar uses p p p and recreational enterprises Indoor flea markets PROHIBITED : Outdoor flea markets p p p Interior decorating s p p p p shops Itinerant sales See§ 26-630 s s s Jewelry stores See Footnote 1 s p p p p Kennels s Laundry and dry s s p p p cleaning shops Laundry and dry p p p p p cleaning pick up stations Leather goods and p p p luggage stores Linen supply p p p 6 Uses Notes NC RC C-1 C-2 1-E Liquor stores p p p Locksmith shops p p p p p Lumber yards and Unenclosed storage of any materials shall be screened from view from p p p building supply stores adjacent properties and streets -SEE § 26-629 Manufacture of PROVIDED: AA aAtiEtete exists aAEt is reaEtily a•taila91e fer suGh s vaccines , serums and ¥aGGiAe, serums er texiAs; aAEt approval of such manufacture is toxins received from the state department of health and the county health department Manufacturing , See § 26 505;4 § 26-631 and § 26-123, definitions p p processing , assembly, or light industrial oR_erations Manufacturing, s HEAVY fa9riGatieA aAEtter preGessiAg ef ... ... .......... ,,. .... Massage therapist See Chapter 11, Article 10 Code of Laws for additional restrictions p p p p p Massage therapy See Chapter 11 , Article 10 Code of Laws for additional restriction p p p p p center Meat, poultry or See Footnote 1 s p p p p seafood stores Medical and dental Pharmacies and optical stores are accessory use p p p p p offices, clinics or laboratories , excluding substance abuse clinics Medical marijuana p p centers Medical p p marijuana-infused 4 Sec 26 -505 no longer exists in the code . 7 Uses Notes NC RC C-1 C-2 1-E products manufacturers Optional premises p p cultivation operation Mini-warehouses for p p inside storage Mobile or modular See§ 26-628 s s homes or building sales Mortuaries and s s s crematories Motor fueling stations s p p Motorcycle sales and See§ 26-628 p p p service Music stores See Footnote 1 s p p p p Newsstands For the sale of newspapers, magazines, etc. p p p p p Office supply stores See Footnote 1 s p p p p Offices : General p p p p p administrative , business and professional offices Optical stores See Footnote 1 s p p p p Outdoor amusement s p p facil ities Paint and wallpaper See Footnote 1 p p p p stores Parking of automobiles Subject to § 26-501 C.4 p p p p p of clients , patients or patrons of adjacent commercial or nonresidential uses 8 Uses Notes NC RC C-1 C-2 1-E Parking of not more See § 26-619; § 26-123, definitions s s s than 3 commercial truck-tractors and/or semi-trailers When in conformance with the parking design standards set forth in § 26-501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawn shops s Pet stores See Footnote 1 s p p p p Pharmacies s p p p p Picture framing shops See Footnote 1 s p p p p Plumbing and heating EXCLUDING: Outdoor storage yards p p p supply stores and shops Printing, engraving s and other related f. production processes Private clubs, social p p p clubs, bingo parlors and similar uses Produce stands See§ 26-636 p p p p p Psychic advisors and s s s p similar uses RECYCLING ~ ~ ~ CENTER OR RECYCLING COLLECTION STATION RECYCLING PLANT s Research laboratories , p p offices and other facilities for research Residential group and p p p p p nursing homes and congregate care facilities for 8 or fewer 9 Uses Notes NC RC C-1 C-2 1-E elderly persons Residential group and s s s nursing homes and congregate care facilities for 9 or more elderly persons Residential group s s s home for children Residential uses in Such residential uses may be extended, enlarged , and/or reconstructed p p p p p existence on 3/11/97 so long as no additional dwelling units are created Residential uses in See§ 26-626 p p p p p commercial zones Rooming and s s p p p boardinghouses RV, boat, trailer and See§ 26-628 p p travel trailer storage Sales, repair, rental p p and servicing of any commodity that the manufacture, fabrication , processing or sale of which is permitted in the district Schools for industrial Conducted entirely within an enclosed building f s s or business training, f f including vocational trade or professional schools 10 Uses Notes NC RC C-1 C-2 1-E Schools: Public; INCLUDES: Those uses commonly accepted as necessary thereto when s s s p p private colleges and located on the same premises universities Shoe repair shops p p p p p Shoe stores See Footnote 1 s p p p p Shops for custom work See § 26-631 ; § 26-632 p p or for making articles , materials or commodities to be sold at retail on the premises Social club In accordance with Wheat Ridge Code of Laws, Chapter 11, Article XI p p p Sporting goods stores See Footnote 1 s p p p p Stone cutting or p p polishing works Studio for professional p p p p p work or teaching of fine arts, photography, music, drama or dance Substance abuse s s p clinics Tailor, dressmaking or p p p p p clothing alteration shops Taverns, night clubs, p p p lounges, private clubs and bars Television, radio, small See Footnote 1 s p p p p appliance repair and service shops Temporary Christmas See§ 26-627 p p p p tree, produce and bedding plant sales lots 11 Uses Notes NC RC C-1 C-2 1-E Theatres, indoor p p p Tobacco stores See Footnote 1 s p p p p Toy stores See Footnote 1 s p p p p Transit station, public s s s or private Upholstery shops p p p Urban gardens See§ 26-637 p p p p p Video rentals See Footnote 1 s p p p p Warehousing and See§ 26-631 p p outside storage Warehouse/office MaJdmum 75% tetal aFea as waFeheuse; minimum ~5% as tetal aFea s p p AND FLEX SPACE as effiGe Watch and jewelry p p p p p repair shops WHOLESALE s p p Woodworking or See§ 26-632 s p p carpentry shops for the making of articles for sale upon the premises, such as cabinets or custom furniture Footnote: 1 The amount of building space devoted to retail use is limited to 5 ,000 square feet in NC and RC Districts . 2 In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance w ith the requirements of Code section 26-634. 12 Commercial and Industrial District Accessory Uses Accessory buildings and structures Electric transmission or other public utility lines and poles , irrigation channels , storm drainage and water supply facilities PHOTOVOLTAIC {PV} PANELS AND WIND TURBINES Farmers' markets Food services Produce stands Residential uses in commercial zones Outside storage or display Urban gardens Key: P = Permitted Principal Uses S = Special Uses Notes See§ 26-625 See§ 26-635 Pr imarily for the occupants of a build ing containing a permitted use when located within the same building See§ 26-636 See§ 26-626 See§ 26-631 See§ 26-637 (Ord . No. 2001-1215 , § 1, 2-26-01 ; Ord . No . 1273, § 2, 1-13-03; Ord . No. 1274, § 2, 1-13-03; Ord . No . 1288 , §§ 1, 2 , 5-12-03 ; Ord . No . 1301 , §§ 2-4, 7-28-03 ; Ord . No . 1302, §§ 4-B, 7-28-03; Ord. No . 1313 , § 10, 10-27-03; Ord . No . 1322, § 1, 5-10-04; Ord. No . 1348 , § 1, 7-11-05 ; Ord . No . 1370, § 1, 8-28-06 ; Ord . No. 1375, §§ 1, 2, 10-24-06; Ord. No. 1387, § 2, 6-11-07 ; Ord. No. 1413, §§ 2 , 3, 6-9-08 ; Ord . No .1468 , § 1, 8-9-10 ; Ord. No .1479 , §4, 3-14-11 ; Ord . No.1491 , §3, 5-23-11) 13 ATTACHMENT 2-Proposed Changes to Definitions Added Definitions: ENERGY PRODUCTION. RENEWABLE. A FACILITY THAT GENERATES ENERGY FROM RENEWABLE SOURCES INCLUDING SOLAR. WIND, AND GEOTHERMAL THE ENERGY MAY BE USED ON SITE OR SOLD FOR USE OFF-SITE. FLEX SPACE. A STRUCTURE THAT ALLOWS FOR ANY COMBINATION OF OFFICE. WAREHOUSE. MANUFACTURING, ASSEMBLY OR LIGHT INDUSTRIAL OPERATIONS. MANUFACTURING. HEAVY. THE PRODUCTION. ASSEMBLY. FABRICATION OR MANUFACTURE OF PRODUCTS PRIMARILY FROM EXTRACTED OR RAW MATERIALS, INCLUDING THE BULK STORAGE AND HANDLING OF SUCH MATERIALS. THIS TERM INCLUDES BUT IS NOT LIMITED TO MOTOR VEHICLE MANUFACTURING, CONCRETE MANUFACTURING, AND CHEMICAL MANUFACTURING. MANUFACTURING, PROCESSING, ASSEMBLY. OR LIGHT INDUSTRIAL OPERA T/ONS. THE PRODUCTION, PRIMARILY FROM PREVIOUSLY PREPARED MATERIALS, OF FINISHED PRODUCTS OR PARTS. INCLUDING PROCESSING, FABRICATION, ASSEMBLY, TREATMENT, AND PACKAGING OF SUCH PRODUCTS. INCLUDES INCIDENTAL STORAGE. SALES, AND DISTRIBUTION OF SUCH PRODUCTS. RECYCLING CENTER. A FACILITY AT WHICH RECOVERABLE RESOURCES. SUCH AS NEWSPAPERS, MAGAZINES. GLASS. METAL CANS. PLASTIC MATERIALS, TIRES, GRASS AND LEAVES, AND SIMILAR ITEMS (BUT NOT MUNICIPAL WASTE. MEDICAL WASTE. OR HAZARDOUS WASTE) ARE COLLECTED. STORED. FLATTENED. CRUSHED. BUNDLED OR SEPARATED BY GRADE OR TYPE, COMPACTED, BALED. OR PACKAGED FOR SHIPMENT TO OTHERS FOR THE MANUFACTURE OF NEW PROJECTS. THIS DOES NOT INCLUDE THE RECYCLING OF MOTOR VEHICLE PARTS. RECYCLING COLLECTION STATION. AN ESTABLISHMENT ENGAGED IN COLLECTING RECYCLABLE ITEMS SUCH AS NEWSPAPERS. MAGAZINES, GLASS. METAL CANS, PLASTIC MATERIALS. TIRES. GRASS AND LEAVES, AND SIMILAR ITEMS (BUT NOT MUNICIPAL WASTE. MEDICAL WASTE. OR HAZARDOUS WASTE) FOR THE PURPOSE OF RESOURCE RECOVERY. RECYCLING PLANT. A FACILITY WHERE RECOVERABLE RESOURCES. SUCH AS NEWSPAPERS. MAGAZINES. GLASS, METAL. STEEL SCRAP. RUBBER. METAL CANS, PLASTIC MATERIALS, TIRES. GRASS AND LEAVES. AND SIMILAR ITEMS (BUT NOT MUNICIPAL WASTE. MEDICAL WASTE. OR HAZARDOUS WASTE) AND/OR OTHER PRODUCTS ARE RECYCLED AND TREATED TO RETURN SUCH PRODUCTS TO A CONDITION IN WHICH THEY MAY AGAIN BE USED FOR PRODUCTION OR FOR RETAIL OR WHOLESALE TRADE. TOW SERVICE. AN ESTABLISHMENT THAT PROVIDES FOR THE REMOVAL AND TEMPORARY STORAGE OF VEHICLES BUT DOES NOT INCLUDE DISPOSAL. SALVAGE, DISASSEMBLY OR ACCESSORY STORAGE OF INOPERABLE VEHICLES. Attachment 2 Deleted Defin itions : MaR~faGt~re, basiG. The first operation or operations whiGh transform a material from its raw state to a form suitable for fabrication processing. MaR~faGWFiRg, pFOGessiRg, v.-areho~siRg. Instruments of professional, scientific, photographic, optical and other similar uses; electrical machinery, equipment and supplies; fountain and be¥erage dispensing equipment; ply.vood furniture and similar wood products; small items, ~uch as toys, clocks, jewelry, fountain pens, pencils and plastic products; transportation equipment; candy; foods (processing and!or canning); glass and glass products; other similar uses. ATTACHMENT 3-Proposed Changes to Development Standards Sec. 26-220. -bight Industrial-EMPLOYMENT District (1-E). A: Intent and purpose. The intent of this district is TO ALLOW LIGHT INDUSTRIAL AND COMMERCIAL USES THAT SUPPORT EMPLOYMENT. te permit the use ef pre\•ieus IRdustrial (I) zeRed preperty fer semmersial aRd light iRdustrial uses. RezeRiRg te IRdustrial (I) ZeRe Distrist slassifisatieR shall Ret be permitted; hewet~er, existiRg IRdustrial (I) zeRed preperty may be de·.teleped aRd used iR asserdaRGe with pre¥isieRs set ferth hereiR. B. Development standards. 1. Maximum height. Fifty (50) feet. 2 . Minimum lot area. No limitation, provided that all other requirements can be met. 3. Maximum lot coverage. l!ighty (80) EIGHTY-FIVE (85) percent , with a minimum of tvJeRty (20) FIFTEEN (15) percent of the lot being landscaped. (See section 26-123 for definition.) 4 . Minimum lot width . No limitations, provided that all other requ irements can be met. 5. Front yard setback. Fift)t (SO) TEN (10) feet minimum. THE 10-FOOT SETBACK AREA MUST BE LANDSCAPED TO MEET THE REQUIREMENTS OF SECTION 26-502 . 6. Side yard setback. a . Principal permitted and accessory uses : Five (5) feet per story minimum , except as follows : (1) Zero setback where structures are constructed of masonry or nonflammable material and in accordance with the uniform building code. (2) Thirty (30) TEN (10) feet where adjacent to a dedicated public street. THE 10-FOOT SETBACK AREA MUST BE LANDSCAPED TO MEET THE REQUIREMENTS OF SECTION 26-505. (3) Where a side yard abuts property zoned residential , or where zoned agricultural and there is a residential USE struGture withiR fifteeR (1 S) feet ef the semmersial preperty, a fi¥e feet per stery FIFTEEN (15) FOOT landscape buffer meeting the requirements of section 26 -502E . (landscape buffering for parking lots), shall be required . (4) SPECIAL USES, ESPECIALLY IF ADJACENT TO RESIDENTIAL USES, MAY BE REQUIRED TO MEET GREATER SIDE YARD SETBACKS, TO BE DETERMINED THROUGH THE SPECIAL USE PERMIT REVIEW PROCESS. b. Spesial uses: The miRimum width ef side yard shall be tweRty fi¥e (26) feet exsept as felleto•Js: (1) Thirty (30) feet to•Jhere aEijaGeRt te a dedisated publiG street. (2) Set~eRty fit~e (76) feet where a side yard abuts preperty zeRed Attachment 3 resideRtial, or -.•:here zoRed agriGultural aRd there is a resideRtial struGture withiR tweRty fi•Je (25) feet of the iRdustrial property. There shall be a si)( foot high solid deGorative wall or feRGe aRd teA (10) feet of laRdsGapiRg adjaGeRt to the property liRe. (3) Where a side yard abuts a railroad right of way, RO side yard setbaGk shall be required. 7. Rear yard setback. a. Principal permitted and accessory uses : Ten (1 0) feet for a one-story building and an additional five (5) feet per each additional story thereafter, except as follows: (1) Any rear yard which abuts a public street shall have a minimum setback of fifteeR (15) TEN (10) feet for all structures . (2) Any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley. (3) Where a rear yard abuts property zoned residential , or where zoned agricultural and there is a residential USE struGture withiR fifteeR (15) feet of the GommerGial propert)', a FIFTEEN (15) FOOT landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required . (4) SPECIAL USES, ESPECIALLY IF ADJACENT TO RESIDENTIAL USES, MAY BE REQUIRED TO MEET GREATER REAR YARD SETBACKS, TO BE DETERMINED THROUGH THE SPECIAL USE PERMIT REVIEW PROCESS. b. SpeGial uses: The miRimum depth of a rear yard shall be tweRty (20) feet e)(Gept as follott.'s: (1) Thirty (30) feet where adjaGeRt to a dediGated publiG street. (2) SeveRty five (75) feet where a side yard abuts property zoRed resideRtial, or where zoRed agriGultural aRd there is a resideRtial struGture withiR tweRty five (25) feet of the iRdustrial propert)'. There shall be a si)( foot high solid deGorati•Je wall or feRGe aRd teA (1 0) feet of laRdsGapiRg adjaGeRt to the property liRe. (3) Where a rear yard abuts a railroad right of way, RO rear yard setbaGk shall be required. 8. Parking requirements. See section 26 -501 9. Landscape requirements. See section 26-502 10 . Fencing requirements. See section 26-603 11 . Sign requirements. See article VII. 12 . Streetscape and architectural design guidelines. See Architectural and Site Design Manual and Streetscape Design Manual , section 26-224 13. OUTDOOR STORAGE. MERCHANDISE, MATERIAL OR STOCK MAY NOT BE STORED IN THE FRONT OF BUILDINGS. OUTDOOR STORAGE MAY ONLY OCCUR WITHIN THE SIDE OR REAR YARDS AND MUST BE COMPLETELY SCREENED FROM ADJACENT PROPERTIES AND STREETS BY A SIX-FOOT HIGH OPAQUE WALL OR FENCE IN ADDITION TO TREES TO BE PLACED AT THIRTY-FOOT INTERVALS. MERCHANDISE. MATERIAL OR STOCK SHALL NOT BE STACKED TO A HEIGHT GREATER THAN THAT OF THE SCREENING WALL/FENCE. (Ord . No. 2001-1215, § 1, 2-26-01 ; Ord . No. 1355, § 5, 3-14-06 ; Ord . No . 1481 , § 8, 3-28-1 1)