HomeMy WebLinkAboutCity Council Agenda Packet 01/12/2015STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
City Council Chambers 7500 W. 29th Avenue
December 1. 2014
Mayor Jay called the Study Session to order at 6:30p.m.
Council members present: Bud Starker, Zachary Urban, Tracy Langworthy, Tim
Fitzgerald, George Pond, Genevieve Wooden, and Jerry DiTullio*
Absent: Kristi Davis
Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; Carmen Beery, from
the City Attorney's staff; Community Development Director, Ken Johnstone; Planner,
Lauren Mikulak; Police Chief Daniel Brennan; Treasurer, Larry Schulz; interested citizens
PUBLIC COMMENT ON AGENDA ITEMS
A time limit of 15 minutes per "side" was announced by the mayor.
Per coin toss, citizens concerned about an increase in the number of marijuana stores in
Wheat Ridge spoke first.
Rebecca van Vliet (WR) an advanced practice nurse at Lutheran and mother of two
believes the marijuana industry has gone beyond de-criminalization and now targets
children in its advertising. She listed ill effects of marijuana and told Council they have a
responsibility to the children of Wheat Ridge to limit the spread of the marijuana industry
in our community.
Connie McCoy (WR) urged Council to enact a permanent moratorium on any more
marijuana shops and to ban edibles. We need to return to having a wholesome, healthy
City-not a marijuana city. Marijuana is unhealthy, will hurt economic growth and it's
giving our City a bad reputation. Council put 2A and 2B on the ballot, but not marijuana.
Roger Morin (WR) had submitted a report to Council on Wheat Ridge's marijuana
demand and requested that it be included as an exhibit to the Study Session. The
existing operations in 1\Nheat Ridge would produce 10,500 pounds of marijuana-600%
more than is needed by our residents who consume marijuana, not counting the import of
edibles and plant stock. The math indicates our City only needs one store.
Clayton Trapp (WR), a 1977 WRHS grad, is dismayed at Council. He asked why the
Council did not get any citizen input before allowing pot stores in WR-when Golden,
Arvada and Lakewood have all turned down pot. He charged Council has circumvented
the voices of the people who put them in office, and spoke of recalling councilmembers
and the referendum process.
Kelly Brooks (WR) asked that the dialog on marijuana continue. There is growing
evidence that the commercialization of marijuana is not what people wanted -including
7 more cities that had voted for Amendment 64 and now just voted in November to keep
it out of their cities. He's concerned about the cultural shift in the societal perception of
STUDY SESSION NOTES: December 1, 2014 Page -2-
an addictive, psycho-active and detrimental drug. Through commercialization and
normalization we are helping desensitize entire generations while proof of its dangers
mount.
Mary Fedje (WR) said the City is putting in place 5 drug dealers who will pool their
resources, hire expensive attorneys and be able to do whatever they want. She
encouraged Council to take this opportunity to put restrictions on this industry-save our
City from them owning it.
Speakers in support of the marijuana sales in Wheat Ridge followed.
Kevin lden (WR) thinks we should be more concerned about the number of massage
parlors in WR than the marijuana stores. Options and The Ridge are small family
businesses-not conglomerates. He thinks folks who use marijuana are much better off
than when they were getting drugs from the Jefferson Center for Mental Health. -As a
former teacher he believes alcohol is a much worse problem for kids. -He thinks it is
ridiculous to be against something that helps so many veterans who have limited funds
and don't have to run to Denver. He's had great conversations waiting in the long lines at
Options. No violence. It really helps the people with disabilities . We keep alcohol and
pornography away from kids; we can keep marijuana away from kids.
Samantha Walsh (Arvada), a representative of Options, asked for a show of hands from
people who support Options. She said it's a family owned business that gives back to the
community. They pay taxes and adhere to strict regulations. Their profit goes to health
care and other benefits for their employees. It's a quiet, energy-efficient business that
doesn 't advertise. -There have been many positive effects since Amendment 64
passed. Crime rates and DUI fatalities have gone down . In cities that have opted in to
marijuana teen use has gone down. The industry has worked with the state to fund
education about edibles and taken steps to minimizing the dose to 10 mg.
Amelia Armstrong (Lakewood) spoke to the character of Sandy and Greg. She spoke
emotionally about leaving her family and moving to Colorado because she has a brain
tumor. Sandy has been very helpful to her and they genuinely care about her health. -
Her boyfriend, Alan Schmidt, added they have been a godsend working with her to find
the right strains and extracts that will help her. He said demonization of the owners as
drug dealers is misplaced .
Austin Dardano (WR) said there have been plenty of drugs and marijuana in the City
long before it was legalized. He 's observed a decrease in other drugs since the
dispensaries opened. He hasn't seen minors with marijuana edibles; he believes they're
for older folks and people who can't smoke . He doesn't think kids are attracted to
edibles; they just want to smoke and get high and hang out with friends. These
businesses are not causing trouble. They create revenue.
Jessica Jackson (Golden) comes to Wheat Ridge to buy medicine because Golden
doesn't have it. She uses marijuana for medical relief for her fibromyalgia -not for
getting high. When she comes here she does other shopping in WR too .
STUDY SESSION NOTES: December 1, 2014 Page -3-
APPROVAL OF AGENDA
.L Staff Report(s) none
2. Elected Officials' Report(s)
Councilmember Langworthy reported the WR Housing Authority has their last
property going to bids for upgrades. It's off 441h Pl. near the new Hopper Hollow Park.
3. Marijuana Moratorium -Carmen beery, Ken Johnstone, Lauren Mikulak
Ken Johnstone opened the discussion with a review of the timeline to date. He said
staff and the attorneys have made a collaborative effort to reflect the policy direction
Council intended.
Carmen Beery, attorney in Jerry Dahl's office, went through the executive summary
explaining the provisions in the new ordinance. Seven major policy issues are
addressed.
1. Numerical cap
Establish a numerical cap on the number of establishments consistent with the
number of currently existing or pending establishments:
• 5 total "store fronts" (retail, medical and co-located establishments)
• 3 manufacturing facilities (retail, medical and co-located)
• Establish a "first in time" rule for processing applications if a spot become
available
2. Special Use Permit requirement
Designate store fronts (where people come in and buy) as Special Uses in the C-1
zone district.
• The existing Special Use process would be used, which requires neighborhood
meetings, posting, etc.
• This is an administrative process unless a written objection is filed, in which
case it becomes a public hearing process before City Council.
• There are two particular provisions that will be unique to marijuana Special Use
permits:
• The dormancy period is shortened from one year to six months to trigger
the requirement of a brand new application.
• The Special Use cannot automatically transfer with the land; any proposed
transfer will undergo administrative review by the City.
3. Cultivation activities limited to 5,000 sq ft total.
Ms. Beery reminded Council that under current code cultivation operations must
be contiguous to the same licensee's store or manufacturing facility. No stand-
alone grow operations are allowed.
4. Separation requirements
STUDY SESSION NOTES : December 1, 2014 Page -4-
• Add a 1 ,000 foot separation requirement for marijuana centers from the Rec
Center and improved city parks where children and families might frequent.
This does not include open space and the greenbelt.
• Current separation requirements that app ly for schools , day cares , and
alcohol/drug treatment facilities will remain .
• Amend the method of distance measurement to direct aerial measurement ("as
the crow flies") instead of the direct pedestrian route , and measure from
property line to property line .
5. Co-location
• Allow one kind of license to add the other type of license (retail or medical)
even if it becomes a legal non-conforming use . Rationale : The land use and
impact is the same . Legal non-conforming uses cannot expand or mod ify their
site and mainta in the ir legal, non-conforming status .
6. Signage
• Incorporate certain state regulations into our Code so the City can enforce it
and not have to contact the state . This includes regulations on signage and
advertisement via radio , the internet and print-anything that is visible to the
public .
• Things like billboards , leaflets, sign tw irlers , and mobile signs on cars would
be prohibited.
• Prohibition of signage that appeals to minors or is false or misleading
• Additional regu lations for our Code include:
• Prohibit signs that depict images of a marijuana leaf
• Restrict the size of the green cross graphic to an area 2 ft x 2 ft
• WR would not be the only City adopting these state regulations .
• Sign application required to be submitted with business application
7. Bui lding Code clean-up
Amendments to the International Building Code (recently adopted) made
concess ions to allow for manufacturing activities and hash oil extraction involving
water and non -combustible , solvent based extract ion methods . One section of the
International Mechan ical Code was overlooked; this ordinance will make all our
International Codes consistent on the topic .
Ms. Beery spoke briefly on some policy issues not addressed in the Ordinance.
• Packaging : State regulat ions on packaging continue to evolve . Staff felt the City
doesn 't have the time , availability or expertise to apply technical state regulations
and stay current with them as they change .
• Establishing one type of City license for both retail and medical manufacturing
activity: The state cont inues to require two separate licenses ; the industry is used
to getting two separate licenses ; staff doesn't think requiring separate City
business licenses is burdensome . Additionally , if the goal is having a simple
administrative process to allow an established premise to add either retail or
medical marijuana to its existing operation , staff feels that is accomplished with the
STUDY SESSION NOTES: December 1, 2014 Page -5-
proposed language that allows colocation even when the original location is legal
nonconforming.
Ken Johnstone distributed the two new maps and gave explanation.
Council comments and opinions followed. Staff answered questions as needed.
Councilmember Fitzgerald noted that while measuring "as the crow flies" is more
practical, it effectively doubles the distance for separation. Mr. Johnstone agreed and
said it's a policy issue. Mr. Fitzgerald asked Council to readjust the limit in distance
to compensate for that.
Council member Wooden confirmed with staff that if the proposed park buffers are
adopted a marijuana facility will not be possible at 38th and Miller.
There was discussion about changing the method of measurement as a policy
change, including the creation of legal non-conforming uses and whether those
businesses could be transferred.
Councilmember DiTullio arrived at 7:37.
Councilmember Wooden challenged the additional policy change Number 3
(colocation of retail and medical manufacturing activity through administrative review).
She believes this was not a directive from Council, was added to accommodate one
business, and would like to see it approved separately.
As a practical matter, Councilmember Wooden also asked that Council be notified of
any application, license review or other changes that come in; it is frustrating when
citizens call and councilmembers don't even know what's going on.
There followed lengthy discussion on Council notification, the maps, the Special Use
process, colocation for legal non-conforming facilities and separating the vote on
colocation of legal, non-conforming facilities.
It was noted that testing facilities are not included in the new provisions.
A number of consensus votes were requested but discussion prevailed.
During the discussion staff made the following clarifications:
• In practice, the City regulates retail and medical marijuana in the same way.
• Retail (recreational) and medical storefronts can be co-located.
• MIP activity for retail (recreational) and medical products can be co-located.
• MIPs and storefronts are both allowed in 1-E zones.
• The State requires separate licenses for medical and retail.
Following thorough discussion by all and various proposals for wording
Councilmember Pond received consensus to do the following:
Move forward with the Code amendments that have been drafted, with the exception
of the administrative process to allow established premises to add either medical or
retail to existing operations as outlined in Number 3 of the additional policy changes.
STUDY SESSION NOTES: December 1, 2014 Page -6-
Councilmember Urban cautioned against allowing retail establishment to advertise
with a green cross as it sends a false message. Disallowing that would also reduce
the impact on the community .
During discussion staff clarified further that:
• Retail storefronts don't have to be co-located with a medical establishment
anymore.
• State statues provide that MIPs cannot have a storefront as part of their operation.
• In state statues recreational marijuana is referred to as "retail".
Following further discussion regarding the co-location of retail and medical sales licenses
as related to MPI's and storefronts Councilmember DiTullio received consensus to bring
the colocation piece forward as a separate ordinance.
ADJOURNMENT
The Study Session adjourned at 8:36 p.m .
Janelle Shaver, City Clerk
APPROVED BY CITY COUNCIL
William "Bud" Starker, Mayor Pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members . Recordings of the study sessions are available for listening in the City Clerk's
Office, as well as copies of Ordinances and Resolutions.
City Council Minutes December 8, 2014 Page 2
Senior's Resource Center-National Award Recognition
Mayor Jay read a proclamation recognizing and congratulating the Seniors' Resource
Center for receiving the 2014 Excellence in Not-for-Profit Leadership Award in
Nashville, Tennessee this past October. The SRC has delivered quality care options for
older adults and their family caregivers for 36 years in the greater Denver-metro area.
John Zabawa, director of the Center, thanked the City for its support over the years.
CITIZENS' RIGHT TO SPEAK
Vivian Vos \WR) mentioned a survey she saw on the City's website. She asked if the
new designs that people will be looking at are new designs -or if more money is being
spent. -She said if we're going to be tightening our budget we shouldn't be giving it
away to developers for 381h and Wadsworth.
Rachel Hultin fVVR) encouraged Council to give the community time to process the
election before they make decisions. -She talked about some recent pedestrian
accidents and asked the City to do what it can to make walking to school safer.
Eileen Kratzer \WR) loves the changes that have happened in WR. She walks her
children to Compass Montessouri School from the Rec Center one day a week. She
and her children are sad that the new budget will not include funds for bike lanes and
safe walking.
Molly Kratzer fVVR) As a teen she likes to walk on 38th Avenue and be there with her
friends. She asked Council to reconsider the cut of funds for sidewalks and bike lanes .
Britta Fisher fVVR) congratulated the City and its staff for the holiday lighting last
Saturday. She thanked the citizen volunteers, performers and sponsors . -She noted
this is WR2020's gth birthday and she encouraged people to donate to WR2020
tomorrow on Colorado Gives Day at www.coloradogives.org .
Mark Gauthier fVVR) is concerned that funds will be cut from the budget for bike lanes.
He thinks bike lanes are important.
Kristine Disney fVVR) thanked the City staff for trying to make Wheat Ridge more
walkable . She encouraged Council to let the election results sink in and leave 38th
Avenue as three lanes . It's a collector street, not a regional artery . She never
encounters any traffic jams and three lanes will make the City a better place to live.
APPROVAL OF THE AGENDA
1. CONSENT AGENDA
a. Resolution 58-2014-designating the City Hall Lobby as the Official Public
Notice Posting Location and the Wheat Ridge Transcript as the Official
Newspaper of General Circulation for the City Publications in 2015
City Council Minutes December 8, 2014 Page 3
b. Motion to ratify the Mayoral Reappointment of Tim Rogers to District Ill of
the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge,
term to expire November 30, 2019
c. Motion to approve the annual Police Radio System contract payment to
the West Metro Fire Protection District in the amount of $83,401.43 for
Police Radio System Services
d. Resolution 65-2014-approving an Intergovernmental Agreement
between the City of Wheat Ridge and Renewal Wheat Ridge establishing
the Rights and Responsibilities regarding Operational assistance and
finding
e. Resolution 66-2014-amending the Fiscal Year 2014 General Fund
Budget to reflect the approval of a Supplemental Budget Appropriation in
the amount of $77,662 .80 for a Deposit to purchase Solar Panels in the
Clean Energy Collective Community-owned Solar Array [For details see
Nov.3, 2014 Study Session Notes]
f. Resolution 62-2014-amending the Fiscal Year 2014 General Fund
Budget to reflect the approval of a Supplemental Budget Appropriation in
the amount of $25,000 for City Attorney Fees [Necessary to cover extra
legal preparation for marijuana policy issues, Fruitdale School
transactions, and the November ballot.]
Councilmember Davis introduced the consent agenda .
Motion by Councilmember Davis to approve the Consent Agenda ; seconded by
Langworthy; carried 7-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Resolution 57-2014 -Adopting the City Budget and appropriating sums of money
to the various funds and spending agencies in the amounts specified for the City
of Wheat Ridge, Colorado for the 2015 Budget Year
Councilmember Langworthy introduced Item 2.
Mayor Jay opened the public hearing.
Heather Geyer gave the staff presentation .
• The 2015 General Fund Budget is balanced.
• Following initial presentation of the budget $794,206 in additional cuts were
made per Council 's direction to balance the budget.
• Transfer to the Capital Investment Program (CIP) fund is approximately $2 .5M .
• The unrestricted fund balance is decreased to 17% -the minimum reserve level
per Council policy.
• Long term challenge : No funding beyond 2015 for capital needs.
City Council Minutes December 8, 2014 Page 4
• Projected revenue of $36M, plus $13M on hand = $49M available funds overall
(7% decrease compared to 2014 revenues).
• Projected expenditures are $41.2 M (includes General Fund, the CIP ($7.6M)
and 8 Special Funds ($4.7M) (an 18% decrease from 2014).
• General Fund (72%), CIP (16%), Rec Center (6%), Open Space Fund (3%),
Conservation Trust Fund (1 %), Other special funds (2%)
• Projected General Fund Revenues approx. $29M, plus estimated available fund
balance of $8.4M =$37M available (a 5% decrease from 2014 primarily due to a
large one-time revenue generated from a sales tax audit in 2014).
• 60% of the General Fund revenues are from Sales Tax. (Sales tax revenue is
projected to increase by 7% compared to 2014 adjusted revenue.) Remainder is
from use tax, other small taxes and fees. (Overall, total General Fund revenues
for 2014 are projected to increase by 10% compared to 2013 actual revenue and
increase by 10% compared to 2014 adjusted revenue.)
• General Fund expenditures are decreased by 7% compared to 2014.
• Breakdown of proposed 2015 General Fund expenditures: Police 33%, Public
Works 15% Parks/Rec 15%, Administration 11%, Central Charges 10%, General
Govt 9%, and Community Development 4%.
• Expenditures for Economically Viable Commercial Areas
o WR Urban Renewal-$300,000 (reduced from $450,000)
o ESTIP/tax increment financing--$400,000
o Ridge at 38 public events-$88,600 (reduced from $98,600)
o Citywide public relations and marketing--$80,000
o Community engagement and communication (to WR2020) --reduced to zero
o WR Business District loan program--$45,000
o Live Local events (to WR2020) $40,000
o Building Up Business Loans (BUBL) (to WR2020) --$25,000
o Ci~ide marketing and positioning tours (to WR2020)--$15,000
o 44t Ave marketing--$10,000
o 29th Avenue marketing--$5,000
o Kipling Corridor planning efforts-$101,700 (reduced from $151 ,700)
o Ridge at 38 banner and lights program --$15,000
• Expenditures for Providing Quality Services
o Street maintenance -originally $1.6M; increased to $3.3M by Council
o Equipment replacement-originally $125,000; reduced to zero by Council
o Fleet acquisition/replacement--$471,000 (reduced from $516,000)
o Employee compensation increase of 3% --$450,000
o Regionalization for Police Records Management--$235,000
o Lakewood crime lab services--$69,600
o City Hall LED lighting retrofits-originally $35,000; reduced to zero
o Regional crime lab --$31 ,280
o Employee safety and wellness program--$21,950 (reduced from $30,950)
o Priority Based Budgeting --$17,000
• Expenditures for Desirable Neighborhoods
o Prospect Park Improvements--$300,000 (Open Space)
o Outdoor pool maintenance $180,000 (OS)
City Council Minutes December 8, 2014 Page 5
o Pedestrian /bicycle Improvements (CIP budget)-originally $100,000 ;
reduced to zero ; funds shifted to preventative street maintenance
o Rec Center maintenance--$100,000 (Conservation Trust Fund)
o Stites Park playground replacement--$85,000 (CTF)
o Active Adult Center parking lot replacement--$75,000 (CTF)
o Kipling Pedestrian Trail improvement grant match--$70,000 (OS)
o East WR Block Improvement Program (to WR2020) --$35,000
o Traffic signal upgrades --$28,500
o Home Investment Loan Program (to WR2020)-$25 ,000
o Hayward Park outdoor fitness equipment --$25,000 (CTF)
o Police community -oriented neighborhood programs--$17,655
o Police greenbelt patrol--$17,280
o Aging Needs Plan implementation-originally $13,000; reduced to zero
o Police special events overtime--$10,000
• Expenditures for More Attractive WR
o Kipling multi-use path and lighting--$2,835,000 (partially grant funded)(CIP)
o Parks and trails maintenance--$230,000 (CTF and OS)
o Open space Improvements--$90,000 (OS)
o City right-of-way maintenance--$55 ,636
o Bus shelter/bench maintenance and cleaning --$36 ,000
o Public art acquisition--$20,000 (Public Art Fund)
o Ridge at 38 annual planting--$5,000
o Large item pick-up program--$5,000
• Other notable budget items
o Carnation Festival/Circus-reduced to $50,000, plus in-kind $28,000
o Seniors Resource Center circulator bus--$30 ,000 (no increase)
o Jeffco Public Schools outdoor lab-originally $16,450; reduced to zero
o Arvada Food Bank--$10 ,000 (reduced from $15,000)
o Feed the Future Backpack Program --$10,000
o Action Center capital campaign-originally $10,000; reduced to zero
o Outside agency requests--$10,000
o Regional Air Quality Council --$4,000
o Kite Festival--$3,000
o Exempla Lutheran Leaves of Hope event--$2 ,500
o Jefferson Center for Mental Health --$ 2,500
o Wheat Ridge HS Farmers 5000 -$2,500
o Wheat Ridge Active Transportation Advisory Committee--$1,000
• Consolidated Citywide contingency fund--$100,000
• Biennial citizen survey $21,000
• The 2015 CIP budget anticipates $7.6M in available funds and $7 .5 for
expenditures . Street improvement projects (53%), preventative street
maintenance (44%), drainage (3%).
• Other CIP major projects (besides the ones already listed)
o Gold Line Station street project--$630,000 (fully grant funded)
o Wadsworth Planning Environmental Linkage (PEL) --$470 ,000 (partially grant
funded)
City Council Minutes December 8, 2014 Page6
o Storm sewer outfall replacements along Clear Creek --$250,000
o Maple Grove Reservoir improvements--$10,000
o ADA transition plan (for sidewalk accessibility) --$50,000
o Projects eliminated/postponed include $225,000 for the 29th & Fenton
intersection; $150,000 for the Traffic Management Program traffic calming
and traffic signal upgrades); $25,000 for the Public Works/Parks shops; and
$15,000 for street lights.
Public Comment
Rachel Hultin (WR) spoke from the Active Transportation Advisory Team asking
Council to return to the budget the $100,000 for walking and bike lanes so it can be
leveraged for regional connectivity.
Scott Christopher (WR) asked the Council to reconsider the $100,000 for bike/ped
infrastructure. He believes it is good for businesses and jobs.
Vivian Vos (WR) asked that a treasurer's report be available online . She'd like to see
financial reports from the other entities that the City gives money to. She questioned a
few of the numbers and asked for clarification.
Christine Disney (WR) spoke as a proud board member of WR2020 and thanked the
City for funding WR2020. She'd like to see the $50,000 for Communication and
Engagement reinstated to the budget.
Adam Wylie (WR) asked that the $100,000 be returned to the budget for bike/ped
infrastructure.
Monica Duran (WR) said if the City is so strapped for money there shouldn't be money
for WR2020. It was to become self-funding in 5 years; it's drifted from its original
purpose and become an event planning group and political mouthpiece; it hosts phone
banks for City candidates and ballot issues . Transparency and checks/balances are
needed.
Britta Fisher (WR) thanked the City for its commitment to WR2020's core programs .
She said WR2020's finances are available on their website. She thinks WR2020 needs
to tell its story better so people will understand what they do. She asked Council to
consider returning $20,000 of the $50,000 it cut for Communication and Engagement.
Mayor Jay closed the public hearing.
Motion by Councilmember DiTullio to discuss the budget, make amendments if needed,
and approve the amended budget on Dec. 15 at a special meeting following the Study
Session; seconded by Councilmember Fitzgerald. Discussion followed.
City Council Minutes December 8, 2014 Page 7
Motion by Councilmember Fitzgerald to postpone (table) the vote on Councilmember
DiTullio's motion until after discussion of the budget; seconded by Councilmember
Pond; carried 5-2.
Motion by Councilmember Starker to approve the 2015 Budget as presented; seconded
by Councilmember Pond .
Motion by Councilmember DiTullio to amend the budget to allow for a 2% salary
adjustment and to allocate the savings [$100,000] for the bike/ped program; seconded
by Councilmember Davis .
Discussion followed .
Councilmember Fitzgerald called for the question . Councilmember DiTullio asked for
division. Mr. Dahl advised this particular question, with related elements, could not be
divided.
Call for the question carried 7-0.
The motion to amend the salary adjustment to 2% and allocate the savings to the
bike/ped program failed 3-4, with Councilmembers Langworthy, Fitzgerald, Pond, and
Starker voting no .
Motion by Councilmember DiTullio to replace the 3% staff raise with a 3% stipend
midyear; seconded by Councilmember Urban. Discussion followed, including
suggestions by Mr. Goff for elimination of some positions.
Motion failed 2-5 with Councilmember Langworthy, Fitzgerald, Pond, Davis and Starker
voting no.
Motion by Councilmember Starker to reduce the CIP budget from $3 .3M to $3 .2M, and
allocate $100,000 to the bike/ped plan; seconded by Councilmember DiTullio ; carried
7-0.
Motion by Councilmember Starker to approve a "purse" prize of $2 ,500 for use by the
Carnation Festival Parade for a battle of the high school marching bands; seconded by
Councilmember DiTullio. Discussion followed. Motion carried 7-0.
City Council Minutes December 8, 2014 Page 8
Motion by Council member DiTullio to return the money for two new speed trailers
($26,000), to be funded from the Citywide contingency fund or a source determined by
the City Manager; seconded by Councilmember Starker. Following discussion the
motion carried 5-2, with Councilmembers Fitzgerald and Langworthy voting no.
Motion by Councilmember Urban to add a footnote to the budget that any non-profit
organization or event to which the City gives over $5,000 will submit their 501 (c)3
designation or some proof of non-profit status, along with the following :
• an audited financial statement
• an anti-lobbying statement that monies from the City will not be used for lobbying
or other political activity
• a budget for the monies received from the City
• the goals for the monies received from the City (to later evaluate success);
seconded by DiTullio.
Following some discussion Councilmember Fitzgerald called for the question . This
failed 5-2, with Councilmembers Urban and DiTullio voting no. A supermajority (%)is
required .
Discussion continued.
Motion by Councilmember DiTullio to amend Mr. Urban's motion to have the footnoted
restriction apply only to WR2020; seconded by Councilmember Urban; failed 3-4 with
Councilmembers Langworthy, Fitzgerald, Pond and Starker voting no.
Councilmember Urban 's original motion (requirements for all non-profits) failed 1-6 with
Councilmembers Langworthy, Fitzgerald, Pond, Davis, Starker, and DiTullio voting no.
Motion by Councilmember DiTullio to return $100,000 for Traffic Calming and $10,000
for street lights from unallocated reserves; seconded by Councilmember Urban.
Discussion confirmed that 1) the $100,000 would include funding for Neighborhood
Signage as indicated in the budget presentation, and 2) that approval of this motion
would put the City's reserves below 17%.
The motion carried 5-2 with Councilmembers Langworthy and Fitzgerald voting no.
Motion by Councilmember DiTullio to table the vote on approval of the budget to allow
for a vote on his earlier motion to delay approval of the budget until December 15;
seconded by Councilmember Fitzgerald ; carried 7-0
Councilmember DiTullio's motion to postpone approval of the 2015 Budget until
December 15 failed 0-7
City Council Minutes December 8, 2014 Page 9
Councilmember Starker's motion to approve the 2015 Budget as amended carried 7-0.
A break was taken at 9:47pm .
The meeting reconvened at 9:53. Councilmember Langworthy did not return.
3. Council Bill 15-2014-approving the rezoning of property located at 6904-6940
W. 48th Avenue from Residential -Three (R-3) to Planned Residential
Development (PRO) (Case No. WZ 14-05/Somerset)
4. Resolution No. 59-2014-approving a specific Development Plan for a Planned
Residential Development (PRO) located at 6904-6940 W. 48th Ave. (Case No.
WZ-14-05/Somerset)
5. Resolution No. 60-2014-approving a 19-lot Subdivision Plat with Right-of-way
dedication for property zoned Planned Residential Development (PRO) and
located at 6904-6940 W. 48th Ave . (Case No. WS-14-01/Somerset)
Councilmember Urban introduced Items 3, 4 and 5 as a unit.
Mayor Jay opened the public hearing and swore in the speakers.
Lauren Mikulak , city planner, gave the staff presentation. She entered into the record
the case file and packet material , the zoning ordinance, the Comprehensive Plan and
the digital presentation .
All three agenda items relate to one property. These steps are necessary to convert the
19 existing condominiums to townhomes. The components are rezoning , an outline
development plan and a subdivision . No physical development is being proposed.
Chuck Ochsner (Arvada) said the goal is to take this from condos to townhomes so
they are financeable . He owns 12 of them . WR2020 owns three. He would like to
dispose of his units so they become owner occupied . WR2020 would be able to sell
theirs as well.
Mayor Jay closed the public hearing.
For Agenda Item 3
Motion by Councilmember Urban to approve Council Bi1115-2014 , an ordinance
approving the rezoning of property located at 6904-6940 W. 48th Avenue from
Residential-Three (R-3) to Planned Residential Development, known as the Somerset
Homes Townhomes PRO, on second reading and that it take effect 15 days after final
publication, for the following reasons:
1. City Council has conducted a proper public hearing meeting all the public notice
requirements as required by section 26-1 09 of the Code of Laws .
City Council Minutes December 8, 2014 Page 10
2. The requested rezoning has been reviewed by the Planning Commission, which
has forwarded its recommendation of approval.
3. The requested rezoning has been found to comply with the "criteria for review" in
section 26-303.0 of the Code of Laws.
4. All requirements of an Outline Development Plan have been met.
With the following conditions :
1. Typo corrections shall be made prior to recordation.
Seconded by Councilmember Starker; carried 6-0.
[Clerk's note: This Ordinance was later assigned Ordinance# 1561.]
For Agenda Item 4
Motion by Councilmember Urban to approve Resolution No. 59-2014, a resolution
approving a Specific Development Plan for property located at 6904-6940 W. 48th
Avenue and known as the Somerset Homes Town homes PRO and that it take effect
upon recordation, for the following reasons :
1. City Council has conducted a proper public hearing meeting all the public notice
requirements as required by section 26-109 of the Code of Laws.
2. The request has been reviewed by the Planning Commission , which has
forwarded its recommendation of approval.
3. The requested rezoning has been found to comply with the "criteria for review" in
section 26-303.0 of the Code of Laws.
4. All requirements of a Specific Development Plan have been met.
With the following conditions:
1. Typo corrections shall be made prior to recordation .
Seconded by Councilmember Starker; carried 6-0 .
For Agenda Item 5
Motion by Councilmember Urban to approve Resolution No . 60-2014, a resolution
approving a 19-lot subdivision plat with right-of-way dedications for property zoned
Planned Residential Development and located at 6904-6940 W. 48th Avenue for the
following reasons:
1. City Council has conducted a proper public hearing meeting all the public notice
requirements as required by section 26-109 and 26-407 of the Code of Laws.
2. The requested subdivision has been reviewed by the Planning Commission ,
which has forwarded its recommendation.
3. The subdivision plat had been found in compliance with Article IV of Chapter 26
of the Code of Laws.
4. All agencies can provide services to the property with improvements installed at
the developer's expense .
With the following conditions:
1. If lender signatures are obtained by separate documents, they shall be
removed from the plat prior to recordation.
City Council Minutes December 8, 2014 Page 11
Seconded by Councilmember Starker; carried 6-0.
6. Resolution No. 61-2014-approving a 20-lot Subdivision Plat with Right-of-Way
dedications for property zoned Planned Residential Development (PRO) at 7671
W. 32nd Ave. and 3299 Wadsworth Blvd (Case No . WS-14-04/Yukon Grove)
Councilmember Fitzgerald introduced Item 6.
Mayor Jay opened the public hearing and swore in the speakers.
Meredith Reckert, city planner, distributed an amended motion which includes an added
condition . She gave the staff presentation. She entered into the record the subdivision
regulations, the case file and packet material, and the contents of the digital
presentation. All posting and notices have been made. City Council already rezoned
this property for this project in September. The Outline and Specific Development Plans
have been approved by the Planning Commission and will not come to Council.
Tonight's resolution is to do the subdivision .
The ODP/SDP includes 20 single-family homes with minimum 50 ' wide lots, minimum
lot area of 3,500 sq ft, reduced setbacks (10' front , 5' side , and 15' rear}, shared
driveways , a community garden element and cottage style architecture .
She noted the appendage out to Wadsworth will be a community garden. Council had
asked for negotiations with Consolidated Mutual about the possibility of leaving the
water easement unpaved . This is still being negotiated and a resolution is likely. The
amended motion that was distributed enables continued negotiations .
There is also a five foot wide strip of unclaimed property on the western border that
needs to be incorporated into the development. This gap is owned by Jefferson County.
Negotiations have occurred with the four property owners to the west. Those property
owners will be giving up any rights to that land.
The drainage plan has been approved and all agencies can provide service
Bill Fritz (Littleton), the applicant , said there is a tap dedicated for the garden.
Mayor Jay closed the public hearing .
Motion by Councilmember Fitzgerald to approve Resolution No. 61-2014, a resolution
approving a 20-lot subdivision plat with right-of-way dedications for property zoned
Planned Residential Development (PRO) at 7671 W. 32"d Ave . and 3299 Wadsworth
Blvd (Case No. WS-14-04/Yukon Grove), for the following reasons :
1. City Council has conducted a proper public hearing , which met all public notice
requirements as required by Section 26-109 and 26-407 of the Code of Laws.
2. The requested subd ivis ion has been reviewed by the Planning Commission, and
their recommendation was forwarded for approval.
City Council Minutes December 8, 2014 Page 12
3. The subdivision plat had been found in compliance with the PRO standards and
Article IV of Chapter 26 of the Code of Laws .
With the following conditions:
1. The drainage agreement with the property owner to the north be executed and
recorded prior to plat recording.
2. Sheet numbers and lot widths be added to Sheet 2 of the plat document prior to
plat recording.
3. The fees in lieu of parkland dedication in the amount of $49,945 .80 be paid prior
to plate recording.
4. A standard Subdivision Improvements Agreement with the security be executed
prior to plate recording .
5. Inclusion of the gap property into the plat be allowed without additional review by
City Council.
6. City Council authorizes staff to continue working with Consolidated Mutual Water
on the surfacing of the water line easement extending over to Wadsworth with
the intent of reducing the amount of hard surfacing in the development.
Seconded by Councilmember Pond ; carried 6-0.
ORDINANCES ON FIRST READING
7 Council Bill No. 16-2014-approving the rezoning of property located generally at
3400 Youngfield Street from Neighborhood Commercial (NC), Restricted
Commercial (RC), and Commercial-one (C-1) to Planned Commercial
Development (PCD) and for approval of an Outline Development Plan (Case No.
WZ-14-09/Applewood Village Shopping Center)
Councilmember Pond introduced Item 7.
The purpose of this application is to incorporate new ownership parcels, consolidate the
boundary of the center and prepare several existing building pads for new development.
Motion by Councilmember Pond to approve Council Bill No . 16-2014, an ordinance
approving the rezoning of property located generally at 3400 Youngfield Street from
Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial-One
(C-1) to Planned Commercial Development (PCD) and for approval of an Outline
Development Plan on first reading, order it published, public hearing set for Monday,
January 12, 2015 at 7 p.m. in City Council Chambers, and that it take effect 15 days
after final publication; seconded by Councilmember Fitzgerald; carried 6-0.
8. Council Bill No . 17-2014-vacating any interest held by the City in a portion
of 441h Avenue, a public roadway
City Council Minutes December 8, 2014 Page 13
Councilmember Davis introduced Item 8.
The Wheat Ridge Housing Authority is in the process of selling the historic Fruitdale
Elementary School to Fruitdale Building Corporation. The property will continue to be
used as a school and there are restrictions preserving the architectural features and
name of the school. When the title work was prepared for transfer a potential defect
was discovered-some inaccuracy in the original deed, creating a potential claim that
approximately 31 feet of property on the southern side, bordering 441h Avenue, might
have been subject to a dedication as right-of-way. This area isn't used by the City as
right-of-way and is outside of any potential for such use . Official vacation of this area
will facilitate the Authority's sale of the property.
Motion by Councilmember Davis to approve Council Bill No. 17-2014-vacating any
interest held by the City in a portion of 44th Avenue, a public roadway; seconded by
Councilmember Starker; carried 5-1, with Councilmember DiTullio voting no.
DECISIONS, RESOLUTIONS AND MOTIONS
9. Resolution 63-2014-Levying General Property taxes for the year 2014, to
help defray the costs of government for the City of Wheat Ridge, Colorado for
the 2015 Budget Year
Councilmember DiTullio introduced Item 9.
The City's property tax mill levy will remain at 1.830 mills, raising $739,930 in property
tax revenue. Due to a decrease in total net assessed valuation for the City this is
$11,959 less compared to 2013.
Motion by Councilmember DiTullio to approve Resolution No. 63-2014, a resolution
levying a mill levy of 1.830 on general property tax for the year 2014, to help defray the
costs of government for the City of Wheat Ridge, Colorado for the 2015 budget year;
seconded by Councilmember Urban; carried 6-0 .
10 . Motion to elect the Mayor Pro Tempore
Councilmember DiTullio introduced Item 10.
Mr. DiTullio nominated Councilmember Starker to be Mayor Pro Tern. He accepted.
Motion by Councilmember DiTullio to elect Bud Starker as Mayor Pro Tempore,
effective immediately, term to expire upon election of his successor; seconded by
Councilmember Fitzgerald; carried 6-0
11. Resolution 64-2014 approving an Intergovernmental Agreement with the
Urban Drainage and Flood Control District and the Regional Transportation
City Council Minutes December 8, 2014 Page 14
District for the construction of drainage and flood control improvements for the
Arvada Channel, between Miller St. and Oak St.
Councilmember Starker introduced Item 11 .
This Arvada Channel IGA relates to the construction of storm sewer that will serve the
Gold Line. This particular project provides the last segment between the Target in
Arvada and the Ward Road Station .
Mark Westberg gave the staff presentation. The budget for this particular IGA is just
under $2 .2M. RTD will contribute $1.5M, Urban Drainage will about $650,000 . We
already have almost $50,000 in a fund with Urban Drainage that will be rolled over for
this so no new funds will be required from the City for this IGA.
Mr. Westberg did note that another $350,000 will be due from the City in 2015 as the
bid for the project came in at $2.7M. (Our share of the overage is $350,000 .) An
amended IGA will follow. -He was pleased to add that the estimate for the full project,
Ward to Miller, in 2011 was $8-9M . Even with the extra $350,000, the City's total
contribution toward completion of the system will be $1 .15M, which is 13-14% of the
original budget.
Mr. Goff said the $350,000 is not in the 2015 budget because they just got the numbers
recently. When the funds are needed he will bring it back to Council and hopefully have
additional revenues for it.
Motion by Councilmember Starker to approve Resolution 64-2014 approving an
Intergovernmental Agreement with the Urban Drainage and Flood Control District and
the Regional Transportation District for the construction of drainage and flood control
improvements for the Arvada Channel, between Miller St. and Oak St; seconded by
Councilmember DiTullio; carried 6-0.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
CITY CLERK'S MATTERS
Clerk Shaver announced that the final financial reports from the issues committees for
the recent election have been turned in and are available for public review on the City
website.
ELECTED OFFICIALS MATTERS
Jerry DiTullio asked that the back-in parking be removed on 38th Avenue .
Motion by Council member DiTullio to direct staff to remove the back-in parking [on 38th
Avenue] and replace it with parallel parking. This project to be brought back to Council
only if the cost is greater than $5,000 in cash, not including staff labor; seconded by
Councilmember Urban; carried 6-0
City Council Minutes December 8, 2014 Page 15
Motion by Councilmember DiTullio that staff remove the two planters [on 38th Avenue]
west of Pierce, south side, from the right-of-way and that they be moved to a more
suitable location on 38th; second Councilmember Urban; carried 4-2, with
Councilmember Fitzgerald and Pond voting no.
Kristi Davis shared some discussion points from a recent Urban Renewal meeting,
which included public input, concerning upcoming development at 38th & Wadsworth.
-Regarding concerns about giving tax increment financing to retail chains for
infrastructure when the City is hurting for money: She noted there is currently zero
revenue coming from this property; to allocate some portion of the new revenue for
public infrastructure didn't seem unreasonable. We'll still be getting more than zero.
-Regarding the wetlands, she said that appropriate drainage will be required.
-The developer said that he would be asking for TIF financing regardless of what kind
of grocery he was bringing in .
-She encouraged people to be realistic about the property, what Wadsworth is and
what drives the market.
ADJOURNMENT
The City Council Meeting adjourned at 10:55 pm.
Janelle Shaver, City Clerk
APPROVED BY CITY COUNCIL ON January ,2015
Bud Starker, Mayor Pro Tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
Council Action Form-Bus Shelter Cleaning and Snow Removal Services
January 12 ,2015
Page2
30 bus shelters and bi-weekly refuse collection and as-needed cleaning services for 66 bus
benches.
RECOMMENDATIONS:
Staff recommends that City Council approve the encumbrance of$36,000 for bus shelter
cleaning and snow removal services and for bus bench refuse collection and cleaning services by
Front Range Services , Inc. of Commerce City, Colorado.
RECOMMENDED MOTION:
"I move to encumber funds for bus shelter cleaning and snow removal services and bench refuse
collection and cleaning services in 2015 , in a total amount not to exceed $36 ,000."
Or,
"I move to postpone indefinitely encumbering funds for bus shelter cleaning and snow removal
services and bench refuse collection and cleaning services in 2015 , in a total amount not to
exceed $36 ,000 for the following reason(s): "
REPORT PREPARED/REVIEWED BY:
Greg Knudson , Operations Manager
Scott Brink, Public Works Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Bus Shelter Cleaning and Snow Removal Services Agreement
o I • JP'wfi~t~e
RFB-12-21
SUS SHELTER CLEANING AND SNOW REMOVAL SERVICES AGRE ENT
THIS AGREEMENT made this .talb. day of .&I.Y.a 2012, by and between the City of Wheat Ridge. Colorado .
hereinafter referred to as the "City" or ·~ and FRONT RANGE SERVICES, INC., a Colorado
Corporation, located at 8MO E. 54 ·PLACE. COMMERCE CITY, CO 10022, herelntfter referred to as the
·eontractof'.
WITNESSETH, thai the City ot Whea Rldge and the Contradot' agree as folows :
ABDCLE 1 -SiftYJCES
The Contractor shall HMt as the City's Contractor and provide as a minimum of tf1e prcfesaional seNices
reqt.rired as per RFP·12·21 BUS SHa TER CLEAN G AND SNOW REMOVAL SERVICES, as more fully
de cribed In the Request f« Proposal (Exhibit I) and the response of the Contract« to the RFP (Exhibit II)
Incorporated hentln by reference .
MDCL£ 2-TERM
The term of ttf Agreement shall be thrpuab July 31. 20131 with the option to renew for up to four (4)
additional one-yg-tenn . Pricing shaD remain firm for each renewal period.
ARmLE 3 ·PAYMENT MD f£E SCHEDULE
Ills understood and egreed by an(J between the parties to honor the proposed fee schedule for services .
A. lnyok:et
Invoices wll be submitted by the Contractor monthly for services performed and expenses ncumtd
pursuant to this Agreement during the prJor month. The processing of payment wiJ be expedited by
the TreasUtel"s Olfioe through proper accounting proc:edura. Payment Will be made to the
Contractor within thirty (30} days of the rec:e.,t of the appt'OVed Invoices for services rendered .
B. Funding
There Is in effect Within the City of Wheat Ridge. Colorado, a ptOYision Cf the City's Code of Laws
which limb the amount for which the City shalt be liable to the amount expressly appropriated by the
City Council, either thrOugh budgeted apprOpriation, or conttact or bid award . The contractor Is
specifiC811y advised of the provisions of this portion of the Code of Laws d the City d Wheat Ridge,
which was enacted pursuant to Ordinance 787. Series of 1989. and expressly Incorporated herein.
ARTICLE 4 -INDEPEHDEHT CONIRACTQR
A. tn performing the work under th s Agreement, the Contractor acts as an independent contractor and
is solely respons ble for necessary and adequate worker's eompensatiOn insunmoe. personal Injury,
CJnd property damage Insurance. as well as errors and omissions Insurance. The Contractor, as an
Independent contractor. is obligated to pay fedenll and state Income tax on monieS earned. The
personnel employed by the Conttactor are not and shan not become emPlOyees , agents or servants
of the City becau$e Of the performance of any work by this Ageement.
B. The Contractor warra.nts that ft has not employed or retained any company or person, other than a
bOnatlde employee wortcing .solely for it , to soliCit or secure this Agreement , and that it has not paid
or agreed to pay any company or person, other than bona fide employees wortlng solely for the
Contractor, any commission. percentage, brokerage fee, gifts, or any other conalderatJon, contingent
upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, the City will have the right to annul this Agreement without liability or in Its discretion to
deduct from the Agreement price or consideration , or otherwise recover 1t1e fun amount of such fee,
oommlsslon, percentage , brokerage fee . gift, or contingent fee .
Attachment 1
ARTICLE 5 -IN§UMNCE
In accordance with Artide 41 above . the Contractor shall fum h a certificate of insurance upon notifteation of
award and prior to perlonnance . Worlt shall not commence under this Agreement until the Contractor has
submitted to the City and rece ived approval thereof, a certificate of Insurance showing compliance with the
following minimum types and coverages of insurance.
Type 0[ Insurance
Standard Workers' Compensation
Including Occupational Disease Coverage
& Employer's Liability Insurance
Comprehensive General Liability
lnSUiatlCe
Comprehensive Automobne
Minimum Limits of Yabftity
Statutory in conformanoe
With the compensation
laws of the State of Colorado , covering all
employees at work site
$600,000 combined s ngle limit, per
occurrence;
$1 ,000,000 minimum aggregate limit
$1 ,000 ,000 combined s ogle limit
Uabll' y policies and/or CertifiCate of Insurance shaft Include the City of Wheat Ridge as an additional
named lnsuted. Requ ired Coverage shall be as required by the Department of Transportation and Public
Utllitl~ Comm ission rules and regulations .
Nothing herein shal l be deemed or construed as a waiver of any of the proteolloos to. which the Agencies
may be entitled .pursuant to the Colorado Govemmentallmmunity Act , sections 24-10-101 . C.R.S ., as
amended .
ARUCLE 6-INDEMN!FICA!IQN
The Contractor agrees to t lndernnify and to hold the City and Its agents harmless for , from and aga inst any
and an claims , suiti, expenses, damages or other lla If s, UdltiQ reasona e attorney fees a cou
cost arising out of damage or Injury to persons , ent ities , or property causes or sustained by eny person or
persons a a resuh of the negUgent perlormance or failure of the Contractor to provide services pursuant to
the tenns of this Agreement
ARTfCLE 7-CHANC}I:. OBQEBS OR EXJENSIQNS
The City may, from time to time , requ ire changes In the scope of services of the Contractor to be performed
herein . Such changes , Including any increase or decrease tn the amount of the Contractor's compensation .
must be mutually agreed upon In writing by the City and the Contractor. The Contractor shall be
compensated for all authorized changes In serviceS , pursuant to the Request for ProPQ$81. or ff no provision
exists , pursuant to the terms ofthe Change Order.
ARTJCU: 8-EQUAL EMPLOYMENT OPPORTUNJTY
The Contractor shall not discriminate against any employee or applicant for employment because of age,
race , color , re11g on . sex , or national orig in. The Contractor shall adhere to acceptable aff~tmative action
guide! nes in select ing employees .and shall ensure that emplo~ are treated equally during employment .
without regard to their age , race , color, religion. sex , or national orig n. Such action 5haiJ indude, but not be
limited lo the following : employment , upgrading , demotiol'l or transfer • .-ecruttmenl. or recruitment advertis ing.
layoff' or termlnatlon , rates of pay or other fotms of compen68tlon , and seleotion for tra ining , Includ ing
apprenticeship .• The Contractor agrees to post In consplcuou places. available to employees and applicants
ro r employment , notJces provided by the local publiC agency setting f011h the prOVis.lons or this
nond iscrimination clause .
2
The Contractor WI cause the foregoing provisions to be Inserted in all subcontracts for any wort~ covered by
th s Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing
provision shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
ARDCLE p-CHARTER. LAws AND ORDINMCEJ
The Contractor at al times during the performance of this Agreement. agrees to strictly adhere to all
applicable Federat, State and Local laws, rvles. regulations, and ordinances that affect or govern the work as
contemplated under this Agreement.
ARTICLE 10-LAW MP VENUE
The laws of the Slate of Colorado shall govem as to the interpretation , validity, and effea of this Agteement.
The parties agree that venue and jurisdiction ror d sputes regard ng performance Of this contract is with the
District Court of Jefferson County, Colorado.
A8DCLE11-JERMWADON
The Contractor ac:;knoWiedges that his failure to accomplish the work as described shall be considered a
material breach of the c:ontract and entitle the City to consequential damages resulting from failures, acts, or
omissions InCluding but not limited to reproc:urement costa. insufficient or lmptOper work.
The City and the Contractor agree this contr:act may be canceled for cause by either party lMth a fifteen (15)
day prior written notice. The cost of completing the portion of the WCltk whiCh remains unperformed at the
time or such tennlnatlon. shall be deducted from the contract price before payment it made .
The City may terminate the Agreemel'll for its convenience upon thirty (30) days written notice. In the event
of such term nation. the Contractor wiO be paid for all work and expenses incurred up until the time of aud'l
termination .
All work ac:compl ' hed by the Contractor prior to the dale of such tennination shaJJ be recorded. nd tangible
work documents shall be transfetred to and become the sole property of the City prior to payment for
servk:es rendered .
ARDCLE 12-NOTICES
Notice or eommunlc8tion given pursuant to this Agreement shall be made In writing to:
City Contect: . ~ConUct '
Grea Knudson leonard Austin
Operations Manager. Public Works Front Ranae Setvices Inc.
11220W. 45 .. Avenue 6980 E. 54 ... Plaoe
Wheat Ridae. CO 80033 Commerce City. CO 80022
aknud ""'"I. .co~ fron oet
Phone: 303-205-7601 . Phone: 303-591·7197
Fax: 303-423--3578 Fax : 303-399-4313
ARTIClE 13-ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of the Contractor arisfng hereunder cannot be assigned, delegated , nor subcontrected
except with the express written .consent of the City. The subcontractOl$ permitted by the City shall be subject to
the requirements of thjs Agreement, and the Contractor is responsible for all subcontracting arra_ngements and
the delivery of services as set forth in this Agreement. The Contractor shall be responsible for the performance
of any sub-contractor.
ARTICLE 1~-SEVERABILITY
To the extent that the Agreement may be executed and performance of the obligations of the parties may be
3
accomplished with n the Intent of the Agreement. the terms of this Agreement are ~rable , and shouJd any
term or provision hereof be declared lnval d or become inQperative for any reason. such invalidity or fa lure shall
not affecllhe validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not
be ()OflStrued as a waiver of any other term , or the same term upon subsequent breach.
ARTICLE 15 -INJEGBADON OF UNDERSTANQINGS
Th ' Agreement is Intended as lhe complete integration of all understandings between the parties . No prior or
contemporaneous addition , deletion , or other amendment hereto shall have any force and effect whatsoever ,
unless embodied herein in writ ng . No subsequent novation , renewal, addlt on . deletion , or other amendment
hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of
the City and the Contractor.
!RTICLE 16-ILLEGAL ALIEN COMPLIANce
ILLEGAL ALIENS-PUBLIC CONTBACJS FOB SERVICES . CBS 8-17 .5-101 and Public Law 208 , 104111
Congress , as amended and expanded in Public Law 156, 1o8"' Congress , as amended :
The Contractor certifies lhat he/She shell comply with lhe provis ons of CBS ~17 .5-101 et seq . The Contractor
shall not knowingly employ or contract With an legal allen to perform work under this contract or enter Into a
contract with a subcontractor that knowingly employs or contracts with an Hlegal alien . The Contractor
represents , warrants, and agrees thai It (i) has verified thai it does not employ any Ulegal aliens , through
partlc:ipation in the Basic Piot Employment VerifiC&tlon Program admln tared by the SoclaJ Security
Administration and Department of Homeland Security, or (II) otherWise wP I comply With the requirements of CRS
8-17.S..101(2)(b)(l). The Contractor shall comply wiUl all reasonable requests made ln the course of an
lnvesUgatlon by the CO Department of Labor and Emplo~ent. If the Contractor fails to comply with any
requirement of this provision or CRS 8-17 .6-101 et seq ., the City may terminate this contract for breach and lhe
Contractor shall be liable for actual and consequential damages to the City.
4
Council Action Form -Storm Sewer Cleaning and Traffic Signal Repair
January 12 ,2015
Page 2
BACKGROUND:
On November 28 , 2011 Council awarded ITB-11-36 , On-Call Storm Sewer Cleaning and Repair
Services , to Quality Pipe Services of Englewood , Colorado in an amount not to exceed $50 ,000
and for a period of one year, with an option to renew for up to three additional years. $40,000 is
budgeted in 2015 for contracted sewer cleaning and video inspection services .
On August 27 ,2012 , Council awarded RFB-12-28 , On-Call Traffic Signal & Repair Services to
W.L. Contractors of Arvada , Colorado in an amount not to exceed $55,000 and for a period of
one year, with an option to renew for up to three additional years. $45 ,000 is budgeted in 2015
for contracted on-call traffic signal repair services as determined by staff.
RECOMMENDATIONS:
Staff recommends that City Council approve the encumbrances of$40,000 for on-call storm
sewer cleaning and repair services and $45 ,000 for on-call traffic signal repair services.
RECOMMENDED MOTION:
"I move to encumber $40 ,000 for on-call storm sewer cleaning and repair services in 2015 and
$45 ,000 for on-call traffic signal repair services in 2015 ."
Or,
"I move to postpone indefinitely the encumbrance of funds for on-call storm sewer and traffic
signal repair services for the following reason(s): "
REPORT PREPARED/REVIEWED BY:
Greg Knudson , Operations Manager
Scott Brink , Public Works Director
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
I) ITB-11-36 , On-Call Stonn Sewer Services , Executed Contract & Renewal
2) RFB-12-28 , On-Call Traffic Signal Repair Services , Executed Contract & Renewal
.. ' . .. . _rw~~:tRtgge
CITY OF WHEAT RIDGE
l'f8.11·36
ON.cAU. STORM SEWER MAINTENANCE AGREEMENT
THIS AGREEMENT, made this ~day of NOVQMEI 2011 bv and between the City of Wheat
Ridee, Colorado, herefnafter called •owner" and QUAliTY PIPE sovtas, NC., doins bU51neu
as an Individual, whose business address Is 7GO W M PPt AVENUE, K-3. DENVat. CO
aozn , hereinafter called "Contractor".
WITNESSETH : That for and in consideration of the payments and qreements hereinafter
mentioned the parties agree IS follows :
:l . The Contractor aarees to furnish alf materials, supplies, tools~ equipment, bor and
other services necessarv to complete the tasks of the Project titled, ITI-U-a& ON-cAJ.l.
STORM SEWER MAINTENANCE fn accordance with the Contratt Bid Documents .
2. Th Contm:tor aarees to perform aU the Work described in the ContrKt Bid Documents
and comply with the terms therein for the total not to exceed amount ·Of fiEIX
l)tOlJSMD D0U.M5 I$50,QOOJ .
3. The Contractor ees to commence the Work requJred by the Contnlct Documents
within Fourteen t14t calendiir days .after approval bv CounciL Term is fo . r one year with
the option to renew for three (3) one -year periods.
4. The tenn •coNTRACT BID DOCUMENTS" means and includes the followins :
A
8
c
0
E
F
G
H
Si&nature Page
Advertisement for Bids
Information for Bidders.
Contractor Quatiflcation
8id Form
Bid Schedule
Ust of Subcontractors
Non.COtiU$Iort Affidavit
Ulegal Allen Certification
J
K
L
M
N
0
p
Q
R
Bid Bond
A8feement
Payment Bond
Pefformance Bond
Notice to P.-oceed
Final Receipt
Special Provisions
General Provisions
Addend
5. The Owner wiiJ pay to the Contractor in the manner and at such times as set forth in the
General Conditio~ such amounts as required by the Contract Documents .
6. SectiOn 2·3 .of the City's Code of Laws is presented below:
(a) FISCAl YEAR . Fiscal year for the City shall commence on January 1 and end on
0Kember31 .
Attachment 1
(b) BUDGET CONTAINS APPROPRIATIONS . The City Council shall annuatly adopt a
budget In a manner consistent with the provisions of Chipter X of the Home
Rule Charter of the City of Wheat Ridge . Upon the annual adoption by Oty
Council of each year's buc:Jaet, levels of authorized expenditures from tht funds
indicated within the annual budset itself and/or the adoptlnc resolution shalt
constitute the appropriation of the amounts specified therein for the purposes
specified therein . Durinc the course of each ffSC.II year, approVil by the City
Coundl of contracts for soods or servk:es, artd/or e~pproyal of bids for the
provision of specified goods or services, s~lllikewise con$litute appropriations
of the amounts spedfied therein for the purposes specified thtrein.
(c) NO CONTRACT TO EXCEED APPROPRIATION. Durinc each and any fiscal year, no
contract entered Into by or on behalf of the Oty shall expend or contract to
expend any money, or incur any liability, nor shall any contfict be entered into
nor any bid be aWJrded by on behalf of the City which, by its terms, involves the
expenditure of money for any of the purposes for whidl provision is made
either in the adopted budJet ,or adopting resolution is mJde either in the
adopted budset or adoptina resolution, lndudlfll any leplly authoriled
amendments thereto, in excess of the amount appropriated In the budset or
the approved contract or bid amount. Any contnct or bid award, either verbal
or written, made in violation .of the provisions of this Section wll be wid as to
the Oty and no City monies from any source whatsoever shalf be paid thereon.
(d) AMENDMENTS AND AUTHORIZ£0 EXPENDITURES . Nothlns contained herein
shall predude the City Council from adopting supplemental appropriation In •
manner consistent with the provisions of Section lO .U of the Home Rule
Charter of the City of Wheat Ridge . Further, nothing contained In this Section
stlall prevent tile maklf11 of contracts for governmental servi«< or for ca~ _
outtay for a period exceedlf11 one year If such contracts are otherwise allowed
by the Home Rule Charter of the City; provided, however, any contract so made
shall be executed only for the amounts agreed to be paid for such seNices to be
rendered In succeeding fiscal years.
(e) NOTICE TO PARTIES CONTRACTING WITH THE CITY. All persons contracting
with, or selllns soods or servlces to, the City are hereby placed on notice of the
provisiOns of this section . The proVisions of this Section shall become a part of
the Merit System Personnel Rules and Regulations of the City of Wheat Ridge;
shall be referred to spedflcally In all pubnc works tHd documents and contracts;
and shall be Incorporated Into, or specifically noted within, all other contracts
entered Into by or on behalf of the City wherein City funds are used to pay for
said contract.
(f) The City may. by contract, require the contra.ctor awarded a public works
contract to waive, release or extln,uish it rights to recover costs or damages, or
obtain an equitable adjustment, for delays In performing such contract, If such
delay is caused, in whole or part, by acts or omissions of the City or Its asents, if
the contract provides that an eiCtension of time for completion of the work is
the Contractor's remedy for such delay. Such a ct.use Is valid and enforceable,
any provJslon of S~te Law to the contrary not withstand ns.
(g) The City CouncU, by thi5 ordinance, dec:~res Its local contractlna powers to be a
·matter of pureJy local concern, and further spedfecally intends to sup~e.
pursuant to fts powers under Artic:le XX of the COlorado Constltudon, the
provlstons of Sections 24-91·101 and 103 .5, C.R.S., insofar as they confl ct with
the provisions of th s Section of the Code of Laws of the Otv of Wheat Rldse,
Colorado.
7. NODa5
Any notice or communialtion civen ,pursuant to this Agreement to the City Shall be
made In writing;
aty ConUJc;t:
Gres Knudson
7500 W 29 Avenue, Wheat Ridge 80033
Office: 303~235-2869
Fa;c: 303·235·2857
Caftttactor Conald:
Scott Boyd
700 W Mississippi Avenue, 10
Denver, CO 80223
8. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO.
11246 as amended, lncludln& spedflcally the provisions .,vemed by the £quat
Opportunity Commission and also to abide by the requirements of the IMMIGRA110N
REFORM AND CONTRACT ACT Of 1986 And The Requ rements Of The AMERICANS WITH
DISABILITIES Ad Of 1991.
9. In accordance With CRS ntle 24, Article 91, Section 103.6, Paragraph 2, Subpa~h ~-_
the Qty of WheJt Rid& hereby states that funds have been appropriated for this
Project In an amount equal to or in eMtess of the Or Ina I Contract Amount .
10. lllep'l Aliens -Pubtlc Contracts for Services. CRS 8·17.5-101 and Public Law 210, 104"'
Corcre55. as amended and expanded In Public Law 156, 108"' Conaress, as amended:
The COntaetor certifies that he/she shaD comply with the provl$1ons of CRS 8-11.5--
lOiet seq. The COntractor shalt not knowfnsfy employ or contract With an Ulegal
atfen to perform work under this contract or enter into, • contract with a
subcontractor th t knowingly employs or contr:acts with an illegal afien. The
Contractor repreHnts. ~nts, and .srees tNt it (l) has verified that it does not
employ any lllepl aliens, throush partlciJ)41tion In the Basic Pilot .Emp1ovment
Verification Program administered by the SOda• Security AdministratiOn and
.Department of Homeland Security,. or (il) otherwis will cornpty with the
req.ulrements of CRS 8·17.5-101 {2)(b)(l). The 'Contractor shall comply with all
reasonable requests made Jn the course of an tnvestfgation by the CO Department
of Labo r and Employment. If the Contractor falls to comply with anv requirement of
this provision or CRS 8·17.5-101 et seq ., the City may terminate this cont~ct for
breach nd the Contractor shall be liable for actua e and consequtntial damages to
the City .
fl\ l.31.3
,~4., .
P'Wli~t:~
RFB-12-21
ON.CALL TRAFFIC IGNAL MAINTENANCE & REPAI SERVICE AGREEMENT
TH AGREEMENT made this \.,~\..day of SEPTEMBER, 2012, by and between the Cfty ~Wheat Ridge,
Colotado, hereiRafter reffJifed to as the ·cny-or ·ewne!"' and W. L CONTRACTORS, Inc.. a Colorado
Corporation, located at 0 &Mnar • Arvada, CO , hereinafter refen'ed to • the "Conbactot".
WITNESSETH . that ·the City of Wheat Ridge and the Contrador agree . follows :
ABTICLI 1-SEftYJCES
The Contractot lhall serve as the CitY's Contnlctot and provide a minimum ell of the aervices and
produc:ts required n this RFB-12·21 ON.CAU TRAFFIC IGNAL MAINTENAHCE & REPAIR SERVICES
AGREEIIENT.Ihe vendor's bid, and any I9MCI modHications.
ARJICLE 2-DBM
The work to be performed under thls Agreement shall commence upon Councft approval , reeelpt of signed
agreement and Insurance compliance . THE TERM FOR THIS AGREEMENT IS THROUGH SeptMnber 30,
2013, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE· YEAR PERIODS , at the tofe
discretion cA the City. Pricir1g shalf remain firm for 1he renewal peric)de.
The. agteement may be automatically renewed If~
• The City fails to contact your firm prior to the end of the c:urrtnt term ragardlng the desire to renew
• AI pricing remains the same and
• The scope of wort< or specJflcaUons are not changed or mod"rfled .
ARDCLE 3-PAYMENT MD FiE SCHEQULE
The City herebV IIS18M to P8)f the Contract« the amounts requi'ed fot work approvecl by the Cly. at the unft
prices set forth in the Contractcn pt'0p0181. In accordance with the provisions and su~ to the conditions
set forth In thiS Ageement and the documents referred to above.
ARnCLE 4-JNDepENDENI CQNJMCIOR
A. In petfann lng the work under th . Agreement, the Contractor acts ·as an independent contractor and
1s solely responsible for ne<:e$S8ry and IIKkJquata wortter'• compensation inlurance, person fnjuty
and property damage insurance, as wen as errors and omlsslons nsurance. The eomrac.tor, as an
fndependenl contractor, Is obligated to pay federar and state Income tax on monies earned. The
personnel emplo)'ed by the Contraclor .e not and •he' not become entplo)'MS, agents or servants
of the Cfty because of the performance of any WOtk by 1hia Agteemenl
a. The Contractor warrants that it has not employed or retained any company or person , other than a
bonafide employee working solely for ft. to solictt or secure this Agreement, and that It has not palcl
or agreed to pay any company or person, other than bona flcfe employees working SOlely for the
Contractor, any commission , percentage. brokerage fee, gifts, ot any other consideration. conti1gent
upon ot resulting from the award or making of this Agreement For breach or violation of this
warranty, the City will have the right to ennui this Agreement without liability, or In tts dlsctetlon to
dedUCt from the Agreement price or consideration , or olhetwfse recover the full amount of such fee,
commission , percentage, brokerage fee, gift, or contingent fee .
ARnCLE 5-INSURANCE
In accordance with Art icle 4 above, the Contractor shall fumish a certifiCate of insurance upon notification of
award .and prior to performance . Work shall not commence unde r this Ag eetnent until the Contractor has
Attachment 2
J:\RFB-12·28 On-Call TAAF JC SIGN~ MA!NTENANC \RFB-12-28 Aorea.ant.draft .doc
submitted to the City and recetved approval thereof, a certificate of Insurance showing compliance with the
following minin'lum types and coverages of Insurance .
Type of lnSJJ(Jnot
Standard WOf'kers ' Compenutlon
Including Oc:alpatlonal Disease Cover.
& Employers Ullbllty
Comprehensive General U&blllty
Insurance
Comprehensive Automoble
Minimwn Umq of IJib!llty
Statutoty In conformance
with the compenuCJon
I8WI of the St.te of CokNado
5600,000 each pet'IC)n;
Not less than $1 ,000,000 aggregate limit
Minimum d $600,000 combined slr98 limit
auto insuf8nee
All liability poHcJes and/Ot Certfflcates of Insurance Wlll Include the Cfty of Wheat Ridge as an
additional named insured . Nothing herein shall be deemed or cons1rUed as a waiver of any of the
protections to which the Agenclet may be entitled pursuant to the Colorado Go\wnmentallmmunity
Act , aedlons 24-10-101 , C.R.S., as amended.
ARDCLE I -INDEMNifiCATION
The Contractor agrees. to Indemnify and to hold the City and Its agents harmless for . from and against any
and all claims , auits , expenses , damages or other liabilities , including reasonable attorney fees and court
costs arising out of damage or Injury to persons , entitles, or property causes Of' IUitained by any penon or
persons as a result of the negligent performance or failure of the Conttactor to provide aervicel: pursuant to
the terms of this Agreement
ARTICLE 7-CHANGE QRDEBS 08 EXTENSIONS
The City may, from time to time, require changes In the scope of servloes of the Contractor to be performed
here in. Suc:h changes, Including any tnaease Of' deause In the amount of the Conttaetor's compensation .
must be mutually agreed upon In wrtllog by the City and the Contractor. The Conti ector shaD be
compensated for all authorized changes in eerviCea, pursuant to the Request for Pfoposal, or-tfno ptoviaJOr==-:n==--------
exists , pursuant to the terms of the Change Order.
ARTICLE 8-EQUAl, EMPLOYMENJ OPPQRTUNIIY
A. The Contractor shall not discriminate egalnst any employee or applicant for employment because of
age, race , color, religion , sex, or national origin . The Contractor shall adhere to acceptable
affirmative action guidelines In selecting employees and shan ensure that employees are treated
equally during employment , without regard lo their age, race , color, religion, aex, or national origin .
Such action shalf lndude, but not be limited to the following : emplo)'IT!ent. u~lng , demotion or
lransfer, reaultment or recruitment advertising, layoff« termination, rates of pay or other forms of
compensation. and sefectlon for training , Including apprenticeship., The Contractor agrees to post In
conspicUous places, available to ,employees and applicants for employment. notices provkfed by the
loCal public agency setting forth the proviSions of thl$ nondiscrimination clause.
B. The Contractor wiH cause the forego ing provisions to be Inserted In aN subcontracts for any work
covered by this Agreement so that such provisions will be binding upon eada subcontractor. provided
that the foregoing provisions shan not apply to contracts or subcontnJcts for standard commercial
supplies or raw materials .
ARTICLE 9-CHARJEB. LAWS AND ORDINANCE§
The Contractor at all times during the performance of this Agreement, agrees to strictly adhere to all
applicable Federal , State and Local laws , rules , regulations , and ord inances that affect or govem the work as
2
conlemplated under thts Agreement.
ABIJCU: 10-LAW AND yeNUE
The 1aw1 d the St.ae rA Colorado 1hall govern as to the lntefpletadon, validity • .00 elfecl rA this Agreement.
The pwt1e1 agree that venue and jUriadk:tion fOt dispUtes regerdlng perfonnance Of this contract 1$ with lhe
District COurt ·of Jefferson County, Colorado .
ARTICLE 11 -TERMIN6JIOH
A. The Contractor acknowledges lhat his falure to accomplish the work deac::tibed. shall be
contidered a material breach of the contr11ct and ent11e the City to consequential dlmagel resulting
from falures, acts, or omlnions Including but not tinhd 1o reprocurement costa, lnsufndent or
Improper wonc.
The City and the Contractor ~VM thiS contract may be canceled for cause by either perty with a
fifteen (15) day prior written notice. The cost d completing 1he portion of the wort< which remains
unpetfonned 81 the time of such termination shall be deducted from the c:ontnlct price. before
payment is made.
B. The City may terminate the Agteement for Its convenience upon D*tv (30) days written notice. In
the even of such termination, the ·Conlrac:tor wll be pakl for all wen and expenses incurred up unlH
the time .of such termlnadon .
C. AI wort< acx:omplished by the Oontrac:tor prior to the date of suc:h termination, &hall be reoonled and
tangible wort< document& shall be transferred to and become the tote propetty of the City prior to
payment for ·services rendeted .
AftDCLE 12 ... NOTICil
Notice or oommunicatlon given pursuant to this Agreement shall be made 1n writing to:
Ctty Contact: ContnletOr Conmcl:
Greg Knudson . -Tim Leach
Public Works Ooerallons Manager W. L. Conttadors, Inc.
7500 W. 2V' Ave. Ave. 6920 larMr St.
Wheat Ridge, co 80033 lvvada co 80003
""'' .wheatridae.co.us Tlmi.QTeamWLcom
Phone: 303-205-7601 Phone: 303-422-7985
Fax : 303-431-7139 Fax: 303-4122-3028
MIJCLE 13-ASfiGNMW AND SUICONIMCTQRS
The duties and obligatJons ol the Contractor arising hereunder cannot be assigned. delegated, nor
subcontracted except with the express written consenl of the City. The suboontractors penniHed by the City
shall be subject to the requirements of this Agreement. and the Contractor Ia responsible ror all
subcontracting arrangements and the delivery of services as sel forth In lhis Agreement The Contnlclor aha
be responsible· for the perfonnance of any sub-contractor.
ARDCLE 14-SEyERA81LfiY
To the extent that the Agreement may be executed and performance of the obligatiOns of the parties may be
accomplished within the Intent of the Agreement , the terms of this Agreement are severable , and should any-
term or provision hereof be declared invalid or become Inoperative for any reason, &Uch Invalidity or failure
shall not affect the validity of any other term or provision hereof. The waiver of any breach or a term hereof
shall not be construed as a waiver of any other term. or the same term upon subsequent breach.
3
Council Action Form-Investment Policy Revisions
January 12 ,2015
Page 2
RECOMMENDED MOTION:
"I move to approve Resolution No. 01-2015 , a resolution adopting the City of Wheat Ridge
Investment Policy."
Or,
"I move to postpone indefinitely Resolution No. 01-2015 , a resolution adopting the City ofWheat
Ridge Investment Policy for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Larry Schulz, City Treasurer
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 01-2015
2. Investment Policy
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 01
Series of 2015
TITLE: A RESOLUTION APPROVING THE CITY OF WHEAT RIDGE
INVESTMENT POLICY
WHEREAS , Section 3.10 of the City Charter authorizes the City Treasurer to
invest all City monies as directed by City Council ; and
WHEREAS , The Government Finance Officers ' Association has provided
recommended practices for government investing; and
WHEREAS , The City Treasurer has recommended that City Council adopt those
recommended practices in a revised Investment Policy.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat
Ridge , Colorado , as follows:
A. The revised City of Wheat Ridge Investment Policy is adopted by City
Council.
DONE AND RESOLVED THIS 12TH DAY OF January, 2015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
CITY OF WHEAT RIDGE INVESTMENT POLICY
SUMMARY
The following is a summary of key elements of the City of Wheat Ridge Investment Policy as adopted by the
City Council on October 8, 2007:
The City consolidates cash balances from all funds to maximize investment earnings, except for the cash in
restricted and special funds . Investment income is allocated to the various funds based on their respective
partic ipation and in accordance with generally accepted accounting principles .
The City's principal investment objectives are :
• Conformance with all applicable City, State and Federal regulations
• Preservation of capital through the protection of investment principal by minimizing credit risk
• Investing operating funds in shorter-term securities , money market mutual funds or similar investment
pools to avoid incurring unreasonable market interest rate risk
• Maintenance of sufficient liquidity to meet the City's cash needs
• Attaining a market rate of return for eligible securities ; this is secondary to the safety and liquidity
stated above .
The City's assets are managed to the "prudent investor" standard by the City Treasurer which states
"Investments shall be made with judgment and care , under circumstances then prevailing , which persons of
prudence , discretion and intelligence exercise in the management of another , not in regard to speculation , but
for investment considering the probable safety of their capital as well as the probable income to be derived ."
The City Treasurer has further restricted the investment of City funds to any of the following :
• U.S. Treasury obligations which carry the full faith and credit guarantee of the United States
government and with maturities less than five years from the date of purchase .
• Federal Instrumentality Securities issued by Federal National Mortgage Association (FNMA), Federal
Farm Credit Banks (FFCB), Federal Home Loan Banks (FHLB), and Federal Home Loan Mortgage
Corporation (FHMLC).
• Prime Commercial Paper, at the time of purchase, which is rated in its highest rating category by one
or more nationally recognized organizations which regularly rate such obligations and which have
maturities not exceeding 270 days .
• Investment-grade obligations of state, provincial and local governments and public authorities
• Local Government Investment pools pursuant to C.R.S . 24-75-101 et seq as amended.
• Money market mutual funds regulated by the Securities and Exchange Commission and whose
portfolios consist only of dollar-denominated securities ; and
• Certificates of deposit and other evidences of deposit at financial institutions ,
Although the public Deposit Protection Act allows municipalities to invest in derivatives , the Treasurer has
explicitly state that derivatives are an unacceptable investment.
It is the intent of the City to diversify the investments with the portfolio to avoid incurring unreasonable risks
inherent in over investing in specific instruments, or individual financial institutions or maturities . The asset
allocation in the portfolio should , however be flexible depending upon the outlook for the economy, the
securities market , and the City's anticipated cash flow needs . The City Treasurer shall maintain contact with
City staff members to determine cash flow requirements and assure that the General Fund reserve does not
fall below percentage levels mandated by TABOR and the City Council.
It is the policy of the City to purchase securities only from authorized institutions and firms . Broker/Dealers
and other financial institutions shall be selected by the Treasurer on the basis of their expertise in public cash
management and their ability to service the City's account.
Elected officials and employees involved in the investment process shall refrain from personal business
activity that could conflict with proper execution of the investment program or which could impair or create
Attachment 2
City of Wheat Ridge lnvestment Policy
the appearance of an impairment of their ability to make impartial investment decisions.
I. Governing Authority
Legality
The investment program shall be operated in conformance with federal , state , and other legal
requirements, including the Wheat Ridge City Charter.
II. Scope
This policy applies to the investment of all funds , excluding the investment of employees' retirement funds,
police pension fund, and certain restricted funds
1 . Pooling of Funds
Except for cash in certain restricted and special funds , the City will consolidate cash and reserve
balances from all funds to maximize investment earnings and to increase efficiencies with regard to
investment pricing , safekeeping and administration . Investment income will be allocated to the
various funds based on their respective balances and in accordance with generally accepted
accounting principles .
Ill. General Objectives
The primary objectives , in priority order , of investment activities shall be safety, liquidity, and yield :
1. Safety
Safety of principal is the foremost objective of the investment program . Investments shall be
undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio . The
objective will be to mitigate credit risk and interest rate risk .
a. Credit Risk
The City will minimize credit risk, which is the risk of loss due to the failure of the security issuer or
backer , by:
• Limiting investments to the types of securities listed in Section VII of this Investment Policy
• Pre-qualifying the financial institutions , broker/dealers , intermediaries , and advisers with which the
City will do business in accordance with Section V
• Diversifying the investment portfolio so that the impact of potential losses from any one type of
security or from any one individual issuer will be minimized .
b. Interest Rate Risk
The City will minimize interest rate risk , which is the risk that the market value of securities in the
portfolio will fall due to changes in market interest rates, by:
• Structuring the investment portfolio so that securities mature to meet cash requirements for
ongoing operations , thereby avoiding the need to sell securities on the open market prior to
maturity
• Investing operating funds primarily in shorter-term securities , money market mutual funds , or
similar investment pools and limiting the average maturity of the portfolio in accordance with this
policy (see section VIII).
2. Liquidity
The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be
reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature
concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore , since all
possible cash demands cannot be anticipated , the portfolio should consist largely of securities with
active secondary or resale markets (dynamic liquidity). Alternatively , a portion of the portfolio may be
placed in money market mutual funds or local government investment pools which offer same-day
2
City of Wheat Ridge Investment Policy
liquidity for short-term funds.
3. Yield
The investment portfolio shall be designed with the objective of attaining a market rate of return
throughout budgetary and economic cycles , taking into account the investment risk constraints and
liquidity needs . Return on investment is of secondary importance compared to the safety and liquidity
objectives described above . The core of investments is limited to relatively low risk securities in
anticipation of earning a fair return relative to the risk being assumed . Securities shall generally be
held until maturity with the following exceptions :
• A security with declining credit may be sold early to minimize loss of principal.
• A security swap would improve the quality, yield , or target duration in the portfolio .
• Liquidity needs of the portfolio require that the security be sold.
4. Local Considerations
Where possible, funds may be invested for the betterment of the local economy or that of local
entities within the State. The City may accept a proposal from an eligible institution which provides
for a reduced rate of interest provided that such institution documents the use of deposited funds for
community development projects, or because of the proximity to government offices .
IV. Standards of Care
1. Prudence
The standard of prudence to be used by investment officials shall be the "prudent person" standard
and shall be applied in the context of managing an overall portfolio. Investment officers acting in
accordance with written procedures and this investment policy and exercising due diligence shall be
relieved of personal responsibility for an individual security's credit risk or market price changes ,
provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of
securities are carried out in accordance with the terms of this policy .
The "prudent person" standard states that, "Investments shall be made with judgment and care ,
under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise
in the management of their own affairs , not for speculation , but for investment, considering the
probable safety of their capital as well as the probable income to be derived ."
2. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from personal business
activity that could conflict with the proper execution and management of the investment program , or
that could impair their ability to make impartial decisions . Employees and investment officials shall
disclose any material interests in financial institutions with which they conduct business. They shall
further disclose any personal financial/investment positions that could be related to the performance
of the investment portfolio . Employees and officers shall refrain from undertaking personal
investment transactions with the same individual with whom business is conducted on behalf of the
City.
3. Delegation of Authority
Authority to manage the investment program is granted to the City Treasurer (hereinafter referred to
as investment officer) and derived from the following : City of Wheat Ridge Home Rule Charter.
Responsibility for the operation of the investment program is hereby delegated to the investment
officer, who shall act in accordance with established written procedures and internal controls for the
operation of the investment program consistent with this investment policy. (See Attachment No. 1 -
Internal Controls). No person may engage in an investment transaction except as provided under
the terms of this policy and the procedures established by the investment officer. The investment
officer shall be responsible for all transactions undertaken and shall establish a system of controls to
regulate the activities of subordinate officials.
The investment officer, after initiating a Request for Proposal process and with approval of the City
3
City of Wheat Ridge Investment Policy
Council , may delegate the management of the City's portfolio to a professional money management
firm . The firm must adhere to all the requirements and restrictions contained in this policy.
V. Authorized Financial Institutions, Depositories, and Broker/Dealers
1. Authorized Financial Institutions, Depositories, and Broker/Dealers
A list will be maintained of financial institutions and depositories authorized to provide investment
services . In addition, a list will be maintained of approved security broker/dealers selected by
creditworthiness (e.g., a minimum capital requirement of $10,000,000 and at least five years of
operation). These may include "primary" dealers or regional dealers that qualify under Securities and
Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule).
All financial institutions and broker/dealers who desire to become qualified for investment
transactions must supply the following as appropriate:
• Audited financial statements demonstrating compliance with state and federal capital adequacy
guidelines
• Proof of National Association of Securities Dealers (NASD) certification (not applicable to
Certificate of Deposit counterparties)
• Proof of state registration
• Completed broker/dealer questionnaire (not applicable to Certificate of Deposit counterparties)
• Certification of having read and understood and agreeing to comply with the [entity's] investment
policy.
• Evidence of adequate insurance coverage .
An annual review of the financial condition and registration of all qualified financial institutions and
broker/dealers will be conducted by the investment officer. (See Attachment No. 2-Relationships
with Security Dealers)
2. Minority and Community Financial Institutions
From time to time , the investment officer may choose to invest in instruments offered by minority and
community financial institutions. In such situations , a waiver to certain parts of the criteria under
Paragraph 1 may be granted. All terms and relationships will be fully disclosed prior to purchase and
will be reported to the appropriate entity on a consistent basis and should be consistent with state or
local law. These types of investment purchases should be approved by the appropriate legislative or
governing body in advance.
VI. Safekeeping and Custody
1. Delivery vs. Payment
All trades of marketable securities will be executed by delivery vs . payment (DVP) to ensure that
securities are deposited in an eligible financial institution prior to the release of funds .
2. Safekeeping
Securities will be held by a [centralized] independent third-party custodian selected by the entity as
evidenced by safekeeping receipts in the [entity's] name . The safekeeping institution shall annually
provide a copy of their most recent report on internal controls (Statement of Auditing Standards No.
70, or SAS 70).
3. Internal Controls
The investment officer is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the [entity] are protected from loss, theft or misuse. Details of
the internal controls system shall be documented in an Internal Controls statement and shall be
reviewed and updated annually. The internal control structure shall be designed to provide
reasonable assurance that these objectives are met. The concept of reasonable assurance
recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the
4
City of Wheat Ridge In vestment Policy
valuation of costs and benefits requires estimates and judgments by management.
The internal controls structure shall address the following points:
• Control of collusion
• Separation of transaction authority from accounting and recordkeeping
• Custodial safekeeping
• Avoidance of physical delivery securities
• Written confirmation of transactions for investments and wire transfers
• Dual authorizations of wire transfers
• Development of a wire transfer agreement with the lead bank and third-party custodian
Accordingly, the investment officer shall establish an annual independent review by an external
auditor to assure compliance with policies and procedures or alternatively, compliance should be
assured through the City's annual independent audit. In addition , the Investment Advisory Committee
will meet at least once a quarter to review the status of investments and the transactions that
occurred during the quarter.
VII. Suitable and Authorized Investments
1. Investment Types
Consistent with the GFOA Policy Statement on State and Local Laws Concerning Investment
Practices, the following investments will be permitted by this policy and are those defined by state
and local law where applicable :
• U.S. Treasury obligations which carry the full faith and credit guarantee of the Un ited States
government and have maturities of no greater than five years ;
• U.S. government agency and instrumentality obligations that have a liquid market with a readily
determinable market value ;
• Certificates of deposit and other evidences of deposit at financial institutions ,
• Commercial paper , rated in the highest tier (e .g., A-1 , P-1 , F-1 , or D-1 or higher) by a nationally
recognized rating agency;
• Investment-grade obligations of state , provincial and local governments and public authorities ;
• Money market mutual funds regulated by the Securities and Exchange Commission and whose
portfolios consist only of dollar-denominated securities ; and
• Local government investment pools either state-administered or developed through joint
powers statutes and other intergovernmental agreement legislation .
2. Co/lateralization
Where allowed by state law and in accordance with the Government Finance Officer's Association
(GFOA) Recommended Practices on the Collateralization of Public Deposits , full collateralization
will be required on all demand deposit accounts , including checking accounts and non-negotiable
certificates of deposit. Furthermore , the City will only invest with financial institutions that are on the
State of Colorado Public Deposit Protection Act (PDPA) list.
VIII. Investment Parameters
1 . Diversification
It is the policy of the City to divers ify its investment portfolios. To eliminate risk of loss resulting
from the over-concentration of assets in a specific maturity, issuer, or class of securities , all cash
and cash equivalent assets in all City funds shall be diversified by maturity, issuer, and class of
security. Diversification strategies shall be determined and revised periodically by the investment
committee/investment officer for all funds except for the employee retirement fund .
In establishing specific diversification strategies , the following general policies and constraints shall
apply: Portfolio maturities shall be staggered to avoid undue concentration of assets in a specific
maturity sector . Maturities selected shall provide for stability of income and reasonable liquidity.
5
City of Wheat Ridge Investment Policy
For cash management funds :
• Liquidity shall be assured through practices ensuring that the next disbursement date
and payroll date are covered through maturing investments or marketable U.S .
Treasury bills .
• Positions in securities having potential default risk (e .g., commercial paper) shall be
limited in size so that in case of default, the portfolio's annual investment income will
exceed a loss on a single issuer's securities .
• Risks of market price volatility shall be controlled through maturity diversification such
that aggregate price losses on instruments with maturities exceeding one year shall
not be greater than coupon interest and investment income received from the balance
of the portfolio .
• The investment committee/investment officer shall establish strategies and guidelines
for the percentage of the total portfolio that may be invested in securities other than
repurchase agreements , Treasury bills or collateralized certificates of deposit. The
committee shall conduct a quarterly review of these guidelines and evaluate the
probability of market and default risk in various investment sectors as part of its
considerations.
2. Maximum Maturities
To the extent possible , the City shall attempt to match its investments with anticipated cash flow
requirements . Unless matched to a specific cash flow , the [entity] will not directly invest in
securities maturing more than five (5) years from the date of purchase or in accordance with state
and local statutes and ordinances . The City shall adopt weighted average maturity limitations
(which often range from 90 days to 3 years), consistent with the investment objectives.
Because of inherent difficulties in accurately forecasting cash flow requ irements , a portion of the
portfolio should be continuously invested in readily available funds such as local government
investment pools, money market funds , or overnight repurchase agreements to ensure that
appropriate liquidity is maintained to meet ongoing obligations .
3. Competitive Bids
The investment officer shall obtain competitive bids from at least two brokers or financial
institutions on all purchases of investment instruments purchased on the secondary market.
IX. Reporting
1. Methods
The investment officer shall prepare an investment report at least quarterly, including a
management summary that provides an analysis of the status of the current investment portfolio
and the individual transactions executed over the last quarter. This management summary will be
prepared in a manner which will allow the City to ascertain whether investment activities during the
reporting period have conformed to the investment policy. The report should be provided to the
entity's chief administrative officer , the legislative body, and the Investment Advisory Committee .
The report will include the following :
• Listing of individual securities held at the end of the reporting period .
• Realized and unrealized gains or losses resulting from appreciation or depreciation by listing
the cost and market value of securities over one-year duration that are not intended to be held
until maturity (in accordance with Governmental Accounting Standards Board (GASB)
requirements).
• Listing of investment by maturity date .
• Percentage of the total portfolio which each type of investment represents .
Each quarterly report shall indicate any areas of policy concern and suggested or planned
revision of investment strategies . Copies shall be transmitted to the independent auditor .
6
City of Wheat Ridge Investment Policy
Within 40 days of the end of the fiscal year, the investment officer shall present a
comprehensive annual report on the investment program and investment activity. The annual
report shall include 12-month and separate quarterly comparisons of return and shall suggest
polic ies and improvements that might be made in the investment program . Alternatively, this
report may be included within the City's annual Comprehensive Annual Financial Report.
2. Performance Standards
The investment portfolio will be managed in accordance with the parameters specified within this
policy. The City's cash management portfolio shall be designed with the objective of regularly
meeting or exceeding a selected performance benchmark , which could be the average return on
three-month U.S. Treasury bills , the state investment pool , a money market mutual fund [specify]
or the average rate of Fed funds . These indices are considered benchmarks for lower risk
investment transactions and therefore comprise a minimum standard for the portfolio 's rate of
return .
3. Marking to Market
The market value of the portfolio shall be calculated at least quarterly and a statement of the market
value of the portfolio shall be issued at least quarterly. Th is will ensure that review of the
investment portfolio , in terms of value and price volatility, has been performed consistent with the
GFOA Recommended Practice on "Mark-to-Market Practices for State and Local Government
Investment Portfolios and Investment Pools ." In defining market value , considerations should be
given to the GASB Statement 31 pronouncement.
X. Policy Considerations
1 . Exemption
Any investment currently held that does not meet the guidelines of this policy shall be exempted
from the requirements of this policy. At maturity or liquidation, such monies shall be reinvested
only as provided by this policy.
2. Amendments
This policy shall be reviewed on an annual basis . Any changes must be approved by the
investment officer and any other appropriate authority, as well as the individuals charged with
maintaining internal controls .
VII. Approval of Investment Policy
The investment policy shall be formally approved and adopted by the governing body of the City of Wheat
Ridge and reviewed annually by the City Treasurer and the Investment Advisory Committee.
Recommendations for amendments will be forwarded to the City Council for approval.
VIII. List of Related Documents
The following related documents are available upon request:
1. Internal Controls
2. Methodology for GAP analysis
3. Listing of authorized personnel
4. Council Resolution creating Investment Advisory Committee
7
Council Action Form
January 12 , 2015
Page2
Council approved, via Resolution No. 49-2011, an increase in the payment from 50% to I 00% of
the sales tax increment share back through December 31 , 2014 .
RECOMMENDATIONS:
Staff recommends distribution of the sales tax increment share back for November of fiscal year
2014 in the amount of$35,519.
RECOMMENDED MOTION:
"I move to approve payment of the sales tax increment share back for November of fiscal year
2014 from the Town Center Project in the amount of$35 ,519 to Renewal Wheat Ridge."
Or,
"I move to deny the payment of the sales tax increment share back for November of fiscal year
2014 from the Town Center Project in the amount of$35 ,519 to Renewal Wheat Ridge for the
following reason(s) "
REPORT PREPARED/REVIEWED BY:
Steve Art, Economic Development and Urban Renewal Manager
Patrick Goff, City Manager
Council Action Form -Council Calendar
January 12 , 2015
Page 2
BACKGROUND:
The regular meetings of the Wheat Ridge City Council are based on the City Council
Rules and the City Charter. It should be noted that one Regular meeting and three Study
Sessions fall on holidays when the City is closed.
The following meetings are recommended for cancellation in 2015:
Study Session, January 191h, Martin Luther King, Jr. Day
Study Session, February 16th, President's Day
Regular Council Meeting, May 25th, Memorial Day
Study Session , September ih , Labor Day
RECOMMENDATIONS:
None
RECOMMENDED MOTION:
"I move to adopt the 2015 City Council Meeting Calendar as presented ."
Or,
"I move to postpone the adoption of the 2015 City Council Meeting Calendar for the
following reason(s) "
REPORT PREPARED/REVIEWED BY:
Kelly K. Stevens, Deputy City Clerk
Patrick Goff, City Manager
ATTACHMENTS:
I. Proposed 2015 City Council Meeting Calendar
~
I» n ::r
3 • :I .. ...
4
II
18
25
Sun Mon
5
6:30-Study Session
12
7 pm-City Council
Meeting
19 MLK Day
Study Session
Cancelled
26
7 pm-City Council
Meeting
January 20 15
Tue Wed Thu Fri Sat
I New Years Day 2 3
6 7 8 9 10
7:30--Building Code 9 am-Liquor License
Advisory Board Authority
13 14 15 16 17
5:30--animal Welfare 6 pm-Planning
& Control Comm . Commission
6 pm-Renewal
Wheat Ridge
20 21 22 23 24
4 pm-Housing 9 am-Liquor License
Authority Authority
7 pm-Board of
Adjustment
27 28 29 30 3/
February 2015
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4 5 6 7
6:30pm-Study 6 pm-Renewal 6 pm-Planning
Session Wheat Ridge Commission
8 9 10 II 12 13 14
7 pm-City Council 7:30-Building Code 9 am-Liquor License
Meeting Advisory Board Authority
15 16 President's Day 17 18 19 20 21
Study Session 5:30-Animal Welfare 6 pm-Planning
Cancelled & Control Comm. Commission
6 pm-Renewal
Wheat Ridge
22 23 24 25 26 27 28
7 pm-City Council 4 pm-Housing 9 am-Liquor License
Meeting Authority Authority
7 pm-Board of
Adjustment
March 2015
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4 5 6 7
6:30 Study Session 6 pm-Renewal 6 pm -Planning
Wheat Ridge Commission
8 9 10 If 12 13 /4
7 pm-City Council 7:30 Building Code 9 am -Liquor License
Meeting Advisory Board Authority
15 16 17 18 19 20 21
6:30-Study Session 5:30-animal Welfare 6 pm-Planning
& Control Comm . Commission
6 pm-Renewal
Wheat Ridge
22 23 24 25 26 27 28
7 pm-City Council 4 pm-Housing Au-9 am-Liquor License
Meeting thority Authority
7 pm-Board of
Adjustment
29 30 31
April2015
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4
6 pm-Planning
Commission
5 6 7 8 9 /0 II
6:30-Study Session 7:30 Building Code 9 am-Liquor License
Advisory Board Authority
12 13 14 15 16 17 18
7 pm-City Council 5:30--Anima/ Welfare 6 pm-Pianning
& Control Comm. Commission
6 pm-Renewa/
Wheat Ridge
19 20 21 22 23 24 25
6:30-Study Session 4 pm-Housing 9 am -Liquor License
Authority Authority
7 pm -Board of
Adjustment
26 27 28 29 30
7 pm-City Council
Meeting
May 2015
Sun Mon Tue Wed Thu Fri Sat
I 2
3 4 5 6 7 8 9
6:30-Study Session 6 pm-Renewal
Wheat Ridge 6 pm-Planning
Commission
10 II 12 13 14 15 16
7 pm-City Council 7:30--Building Code 9 am -Liquor License
Advisory Board Authority
17 18 19 20 21 22 23
6:30-Study Session 5:30--Animal Welfare 6 pm-Planning
and Control Comm. Commission
6 pm-Renewal
Wheat Ridge
24 25 Memorial Day 26 27 28 29 30
Council Meeting 4 pm Housing 9 am-Liquor License
Cancelled Authority Authority
7 pm-Board of
Adjustment
31
June 2015
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4 5 6
6:30-Study Session 6 pm-Renewal 6 pm-Pianning
Wheat Ridge Commission
7 8 9 10 II 12 13
7 pm-City Council 7: 30-Bui/ding Code 9 am -Liquor License
Advisory Board Authority
14 15 16 17 /8 /9 20
6:30-Study Session 5:30-Anima/ Welfare 6 pm-Pianning
and Control Comm . Commission
6 pm-Renewa/
Wheat Ridge
21 22 23 24 25 26 27
7 pm-City Council 4 pm-Housing 9 am-Liquor License
Authority Authority
28 29 30
July 2015
Sun Mon Tue Wed Thu Fri Sat
I 2 3 Holiday-4
6 pm-Planning Independence Day
Commission Observed
5 6 7 8 9 10 II
6:30-Study Session 6 pm-Renewal 7: 30-Building Code 9 am-Liquor License
Wheat Ridge Advisory Board Authority
12 13 14 15 16 17 18
7 pm-City Council 6 pm-Pianning
Commission
/9 20 21 22 23 24 25
6:30-Study Session 5:30-Animal Welfare 9 am-Liquor License
and Control Comm. Authority
6 pm-Renewal
Wheat Ridge
26 27 28 29 30 31
7 pm--City Council 4 pm-Housing
Authority
August 2015
Sun Mon Tue Wed Thu Fri Sat
1
2 3 4 5 6 7 8
6: 30--Study Session 6 pm-Renewal 6 pm-Pianning
Wheat Ridge Commission
9 10 ll 12 13 14 15
7 pm-City Council 7:30-Building Code 9 am -Liquor License
Advisory Board Authority
16 17 18 19 20 21 22
6:3 0-Study Session 5:30-Animal Welfare 6 pm-Pianning
and Control Comm. Commission
6 pm-Renewal
Wheat Ridge
23 24 25 26 27 28 29
7 pm-City Council 4 pm-Housing 9 am -Liquor License
Authority Au th ority
30 31
September 2015
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4 5
6 pm-Renewal 6 pm-Planning
Wheat Ridge Commission
6 7 Labor Day 8 9 /0 II 12
Study Session 7:30--Building Code 9 am-Liquor License
Cancelled Advisory Board Authority
13 14 15 16 17 18 /9
7 pm-City Council 5:30--Anima/ Welfare 6 pm-P/anning
and Control Comm . Commission
6 pm- Renewa/
Wheat Ridge
20 21 22 23 24 25 26
6: 30--Study Session 4 pm-Housing 9 am-Liquor License
Authority Authority
27 28 29 30
7 pm-City Council
October 2015
Sun Mon Tue Wed Thu Fri Sat
1 2 3
6 pm-Planning
Commission
4 5 6 7 8 9 10
6:30----Study Session 6 pm-Renewal 9 am-Liquor License
Wheat Ridge Authority
II 12 13 14 15 16 17
7 pm-City Council 7:30-Building Code 6 pm-P/anning
Advisory Board Commissio n
18 /9 20 21 22 23 24
6:30----Study Session 5:30-Animal Welfare 9 am-Liquor License
and Control Comm. Authority
6 pm-Renewal
Wheat Ridge
25 26 27 28 29 30 31
7 pm--City Council 4 pm-Housing
Authority
November 2015
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4 5 6 7
6:30--Study Session 6 pm-Renewal 6 pm-Planning
Wheal Ridge Commission
8 9 10 II Veteran 'sDay 12 13 14
7 pm-City Council 9 am-Liquor License
Authority
15 16 17 18 19 20 21
6: 30--Study Session 5:30---Animal Welfare 6 pm-Planning
and Control Comm. Commission
6 pm-Renewaf
Wheat Ridge
22 23 24 25 26 Thanksgiving 27 Holiday 28
7 pm-City Council 4 pm-Housing
Authority
29 30
December 20 15
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4 5
6 pm-Renewal 6 pm-Pianning
Wheat Ridge Commission
6 7 8 9 10 II 12
6: 30---Study Session 7:30-Bui/ding Code 9 am-Liquor License
Advisory Board Authority
13 14 15 16 17 18 19
7 pm-City Council 5:30-Animal Welfare 6 pm-Pianning
and Control Comm . Commission
6 pm- Renewal
Wheat Ridge
20 21 22 23 24 25 Christmas 26
6:30---Study Session 4 pm-Housing
Authority
27 28 29 30 31
7 pm-City Council
.... ~~~
... ~ " City of •
:P'WheatR.i_,dge
ITEM NO:~
DATE: January 12 ,2015
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 16-2014 -AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED GENERALLY
AT 3400 YOUNGFIELD STREET FROM NEIGHBORHOOD
COMMERCIAL (NC), RESTRICTED COMMERCIAL (RC),
AND COMMERCIAL-ONE (C-1) TO PLANNED
COMMERCIAL DEVELOPMENT (PCD) AND FOR
APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE
NO. WZ-14-09/APPLEWOOD VILLAGE SHOPPING CENTER)
cg] PUBLIC HEARING
0 BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
0 ORDINANCES FOR 1ST READING (12/08/2014)
cg] ORDINANCES FOR 2N° READING (1/12//2015)
cg] YES
The applicant is requesting a zone change from Neighborhood Commercial , Restricted
Commercial and Commercial-One to Planned Commercial Development. The location of the
zone change is the Applewood Village Shopping Center in the western quadrant of the City of
Wheat Ridge.
It is the intent of this application to incorporate new ownership parcels, consolidate the boundary
of the center and to prepare several existing building pads for new development. While portions
of the property have been zoned planned development for over forty years, there has never been a
unifying zoning document. The proposed ODP will fulfill this need.
The zone change and ODP approval is the first step in the process for approval of future
development on this site. The second step of the process is the Specific Development Plan (SOP)
and plat, which will be subject to Planning Commission and/or City Council review and approval.
Council Action Form -Applewood Rezoning
January 12 , 2015
Page2
PRIOR ACTION:
Planning Commission heard the request at a public hearing on November 6, 2014 and
recommended approval for the following reasons:
1. The proposal is consistent with the City's guiding documents including the Neighborhood
Revitalization Strategy, Envision Wheat Ridge and the 1-70/Kipling Urban Renewal Plan.
2. The new zoning and ODP will facilitate redevelopment of certain areas in the Applewood
Shopping Center.
3. The proposal meets the zone change criteria.
4. All requirements for an Outline Development Plan have been met.
With the following conditions:
1. A note be added that bicycle parking should be consistent with Section 26-501 .E.4 . of the
zoning and development code .
2. Language be added to the plan that development in the southeast comer of the area include
consideration for upgraded vertical landscaping, reduction of lighting at night and hours of
operation limitations.
3. Public Works ' recommended language be included on Sheet 2 of the ODP document.
4. A signature block for the Economic Development Manager must be included on the face of
the ODP document as the City will be a cooperating property owner.
The staff report and meeting minutes from the Pla1ming Commission public hearing are attached .
FINANCIAL IMEACT:
Fees in the amount of$1 ,573 were collected for the review and processing of Case No . WZ-14-09.
BACKGROUND:
Subject Property
The Applewood Village Shopping Center is comprised of approximately 35 acres and is bordered
by West 38 1h Avenue to the north , low density residential neighborhoods to the north and east,
West 32"d to the south , and Youngfield Street and I-70 to the west.
The shopping center was initially developed in the early to mid-1960's. The shopping center is
comprised of numerous parcels and buildings and is the largest commercial center in the City.
Existing businesses on the site include King Soopers, Walmart, Wells Fargo Bank and Applejack
Liquor.
The northern portion of the site is primarily zoned Planned Commercial Development. The
southern portion has a mix of zoning including Restricted Commercial (R-C), Neighborhood
Commercial (N-C), Commercial-One (C-1) and Planned Commercial Development (PCD). The
center has been through a series of development plan amendments to facilitate new development
as needed prior to new construction on the site. Most of the new development on the site will
occur on the south end.
Council Action Form -Applewood Rezoning
January 12 ,2015
Page 3
The shopping center is located in a busy commercial corridor and has easy access to 1-70 through
the 32"d Avenue and Youngfield on/off ramps. Youngfield and both West 32"d and 38th Avenues
are classified as minor arterials and carry numerous vehicles per day. The location is also a
popular stop for travelers to and from the mountains who can fulfill most of their shopping needs
in a single stop.
Adjacent Zoning and Land Use
Surrounding properties include a variety efland uses. On the east and north sides of the center are
residential neighborhoods , generally zoned R-IA. To the south across West 32"d Avenue are a
mix of homes and businesses. Abutting the property on the west is Youngfield and beyond that , 1-
70.
Proposed Zoning and Outline Development Plan (ODP)
The proposed ODP recognizes existing conditions and establishes standards and guidelines for
new development areas. The ODP also includes parcels which the owner, Regency Centers, has
under contract for purchase.
Uses permitted under the existing ODP are C-1 uses. The C-1 zone district regulations allow
office, service and retail uses , including large format retail stores. By following the C-1
regulations , the current protocol for new drive-through uses is to process a separate Special Use
Permit.
The proposed list has been expanded to allow C-1 uses which currently require a Special Use
Permit for drive-through facilities as uses by right. This modification would accommodate uses
such as fast food drive-throughs , fueling stations and drive-through banking facilities. Such uses
would still be subject to City review and approval through the Specific Development Plan process.
Development standards established by the ODP include a 0'-20' build-to line , a maximum of35%
building coverage (526 ,803 square feet), 55% hard surfaced coverage, a minimum 10%
landscaped coverage and maximum building height of 50'. Overall parking on the site is required
at a rate of four spaces per 1000 square feet of gross building coverage which is consistent with
the requirements in the zoning code for unified shopping centers over 100,000 square feet in size.
Architecture will follow the requirements specified in the Architectural and Site Design Manual
(ASDM).
Minimal mention is made on the ODP regarding buffering for adjacent residential uses. This is of
particular concern with the redevelopment area located in the southeast corner of the property. In
addition to low density residential property to the east, there are substantial grade changes which
will challenge mitigation efforts.
For buffering purposes and to maintain compatibility with adjacent uses , Staff recommends
language be added to the plan that development in this area includes consideration for upgraded
vertical landscaping, reduction of lighting at night and business hour limitations.
Council Action Form -Applewood Rezoning
January 12 , 2015
Page4
Access points shown into the shopping center include primary accesses from 32"d and 38th A venue
and from a signalized access point from Y oungfield at roughly mid-point in the shopping center.
There are also minor access points for individual parcels along both 32"d and Youngfield. Staff is
considering the access points shown as existing conditions and not a guarantee that the accesses
shown will be allowed with new development. At the time ofSDP review , staff reserves the right
to evaluate the areas of redevelopment with potential consolidation of access points being a goal.
Internal access will also be evaluated and potentially redesigned along with consolidation of street
access points. Staff is recommending the following language be shown on Sheet Two:
"The access points and internal circulation shown on this ODP reflect the existing
conditions for the overall development at the time of the adoption of the ODP . The access
points may change, likely consolidated , as individual parcels are redeveloped and
incorporated into the overall development. This would also likely cause a change in the
internal circulation shown on the ODP. Changes to the number and location of the access
points and resulting changes to the internal circulation that may occur as a result of
redevelopment of individual or multiple parcels will be evaluated during the review of the
site specific development plans for those parcels. Revisions to the ODP will not be required
unless deemed necessary by the Director of Community Development."
Guiding Docum ents
When staff reviews a zone change application, there is specific criteria in Section 26-122.E . of the
City Code which must be evaluated in regard to the request. One of the criteria is compliance with
the City's guiding documents. In this case, there are four documents which must be considered:
the Neighborhood Revitalization Strategy, Envision Wheat Ridge, 1-70/Kipling Corridors Urban
Renewal Plan and the City's Economic Development Strategy.
The Ne ighborhood Re vitalization Strat egy identifies strategies for the City to become a
"community of choice" by upgrading and increasing housing stock , being "open for business"
through City processes and procedures and targeting underutilized properties for redevelopment.
En vision Wh eat Ridge is the City's Comprehensive Plan which designates this property as being
Mixed-Use Commercial within a Community Commercial Center with Youngfield designated as
a Primary Commercial Corridor. The 32"d A venue/l-70 interchange is also designated as a
Primary Gateway into the City of Wheat Ridge.
The Applewood Center is also a part of the 1-70/Kipling Corridors Urban Renewal Plan. The
Urban Renewal Plan was created to assist with redevelopment of properties in the defined area
including development along the Youngfield/l-70 corridor by remediating and removing blight.
The Plan identifies a unique opportunity to create a series of destinations that are both region-
serving and locally supportive. The Plan authorizes Renewal Wheat Ridge (RWR) to undertake
zoning and planning activities to regulate land use , maximum densities , and building requirements
in the Plan area.
Council Action Form -Applewood Rezoning
January 12, 2015
Page 5
The Economic Development Strategy was adopted with a broad goal of retaining and increasing
retail and revenue-generating activities in commercial activity centers. The Applewood Shopping
Center is the City's largest producer of sales tax revenues and is a primary shopping district for the
surrounding neighborhoods. The rezoning of the center will support the Economic Development
Strategy by promoting and marketing Wheat Ridge, creating new employment opportunities,
retaining and attracting retail growth , and rehabilitating under-utilized retail space.
Staff has concluded that the zone change and ODP document are consistent with the goals and
objectives established by these documents . Further analysis of the zoning criteria will occur at the
time of the City Council public hearing.
Incorporation of th e Sli ve r
A small strip of land located north ofthe parcel under contract at 12525 W. 32"d Avenue is under
separate ownership from the shopping center and needs to be incorporated into the PCD and ODP.
The owners of the Applewood Shopping Center have made attempts to purchase the parcel , but
have been unable to do so because of the inability to locate the parcel owners, a long-dissolved
corporation.
Renewal Wheat Ridge is pursuing acquisition of this small parcel of land and City Council has
approved the use of condemnation , should that be necessary. The property has been tax delinquent
for many years . It is not buildable and is valued at slightly less than $1000 based on a recent
appraisal that RWR commissioned. RWR then intends to convey the parcel to the shopping center
owner. It is logical to consider rezoning the parcel so that it is incorporated into the overall
development plans for the entire center.
On August 25 , 2014, City Council authorized staff to initiate rezoning of the sliver. On October
27 , 2014, City Council authorized Renewal Wheat Ridge to use eminent domain to acquire the
parcel.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 16-2014, an ordinance approving the rezoning of
property located generally at 3400 Y oungfield Street from Neighborhood Commercial (NC),
Restricted Commercial (RC), and Commercial-One (C-1) to Planned Commercial
Development (PCD) and for approval of an Outline Development Plan on second reading and
that it take effect 15 days after final publication for the following reasons :
1. City Council has conducted a proper public hearing meeting all public notice requirements
as required by Section 26-1 09 of the Code of Laws.
2. The required rezoning has been reviewed by the Planning Commission, which has
forwarded its recommendation.
3. The required rezoning has been found to comply with the "criteria for review" in Section
26 -112-E and 260-303-D of the Code of Laws.
With the following conditions:
Council Action Form -Applewood Rezoning
January 12 , 2015
Page 6
Or,
1. A note be added that bicycle parking should be consistent with Section 26-501.E.4. of the
zoning and development code.
2. Language be added to the plan that development in the southeast comer of the area include
consideration for upgraded vertical landscaping, reduction of lighting at night and hours of
operation limitations.
3. Public Works' recommended language regarding access be included on Sheet 2 of the
ODP document.
4. A signature block for the Economic Development Manager must be included on the face of
the ODP document as the City will be a cooperating property owner."
"I move to deny Council Bill No. 16-2014, an ordinance approving the rezoning of property
located generally at 3400 Youngfield Street from Neighborhood Commercial (NC),
Restricted Commercial (RC), and Commercial-One (C-1) to Planned Commercial
Development (PCD) and for approval of an Outline Development Plan on second reading for
the following reasons:
1.
2.
3."
REPORT PREPARED/REVIEWED BY:
Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No . 16-2014
2. Planning Commission staff report dated November 6, 2014
3. Planning Commission minutes dated November 6, 2014
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER POND
COUNCIL BILL NO. 16
ORDINANCE NO. ___ _
Series of 2014
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED GENERALLY AT 3400 YOUNGFIELD STREET FROM
NEIGHBORHOOD COMMERCIAL (NC), RESTRICTED COMMERCIAL
(RC), AND COMMERCIAL-ONE (C-1) TO PLANNED COMMERCIAL
DEVELOPMENT (PCD) AND FOR APPROVAL OF AN OUTLINE
DEVELOPMENT PLAN (CASE NO. WZ-14-09/APPLEWOOD VILLAGE
SHOPPING CENTER)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City's review and approval of requests for land use cases; and
WHEREAS, Regency Centers, LLC has submitted a land use application for
approval of a zone change to Planned Commercial Development for property located in
the Applewood Village Shopping Center generally addressed as 3400 Youngfield
Street; and
WHEREAS, the proposed zone change is supported by the City's guiding
documents including the Neighborhood Revitalization Strategy, Envision Wheat; the 1-
70/Kipling Corridors Urban Renewal Plan and the City's Economic Development
Strategy; and
WHEREAS, the zone change criteria specified in Section 26-112 support
approval of the request.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Regency Centers for approval of a zone change for
property located generally at 3400 Youngfield Street from Neighborhood Commercial
(NC), Restricted Commercial (RC), Commercial-One (C-1) and Planned Commercial
Development (PCD) to Planned Commercial Development and for approval of an
Outline Development Plan, and pursuant to the findings made based on testimony and
evidence presented at a public hearing before the Wheat Ridge City Council, a zone
change is approved for the following described land:
A parcel of land located in the Northwest One-Quarter of Section 29, Township 3
South, Range 69 West of the 61h Principal Meridian, City of Wheat Ridge, County of
Jefferson, State of Colorado, more particularly described below:
Commencing at the Southeast corner of the Northwest One-Quarter of said Section 29
and considering the South line of said Northwest One-Quarter to bear S89°29'29"W with
all bearings herein relative thereto;
Attachment 1
Thence along said South line , S89 °29'29"W a distance of 1263.09 feet;
Thence N00 °30'31 "W , a distance of 98.24 feet to the Point of Beginning , said point
being on the East Right-of-Way for Youngfield Street and 60.00 feet East of the West
line of the Southeast One-Quarter of the Northwest One-Quarter of said Section 29;
Thence parallel to the West line of the Southeast One-Quarter of the Northwest One-
Quarter of said Section 29 , N00 °54'01 "W , a distance of 556.10 feet to the Southwest
corner of Lot 1, Applewood Village Shopping Center Subdivision
Thence the following ten (1 0) courses along the West , North and East boundaries of
said Lot 1:
1. Continuing parallel to the West line of the Southeast One-Quarter of the
Northwest One-Quarter of said Section 29, N00 °54'01"W , a distance of 667 .77
feet ;
2. N89 °26'17"E , a distance of 150.00 feet ;
3. N00 °54'01 "W , a distance of 200 .00 feet;
4. S89 °26'17"W , a distance of 150 .00 feet ;
5. Parallel to the West line of the Southeast One-Quarter of the Northwest One-
Quarter of said Section 29 , N00 °54'01 "W , a distance of 135.14 feet ;
6. Along the arc of a non-tangent curve to the right having a radius of 182 .00 feet
and a central angle of 7r25'57", an arc distance of 245 .96 feet with a chord
bearing N3r48'56"E, a distance of 227.67 feet to a point on the South Right-of-
Way for W. 38 1h Ave.;
7. Along said South Right-of-Way , N76 °31'47"E , a distance of 701 .71 feet ;
8. S00 °46'08"E , a distance of 670 .37 feet ;
9. S89 °26'17"W , a distance of 0.68 feet;
10 . S00 °53 '19"E , a distance of 762.82 feet to the Northeast corner of Lot 2,
Applewood Village Shopping Center Subdivision ;
Thence continuing, S00 °53'19"E along the East line of said Lot 2, a distance of 133.50
feet to the Northwest corner of Lot 19 , Applewood Village;
Thence the following four (4 ) courses along the Northerly , Easterly and South
boundaries of Lots 19 and 20 , Applewood Village:
1. S48 °30'24"E, a distance of 234 .05 feet ;
2. Along the arc of a non-tangent curve to the left having a radius of 45.00 feet and
a central angle of 188 °38'41", an arc distance of 148.16 feet with a chord bearing
S3r10'16"W , a distance of 89.74 feet;
3. S00 °54'01 "E , a distance of 38.91 feet ;
4. S89 °29'29"W , a distance of 117.57 feet to the Southwest corner of said Lot 20;
Thence continuing , S89 °29'29"W , a distance of 37.43 feet to the Northeast corner of Lot
23 , Applewood Village;
Thence along the east line of said Lot 23 , S00 °54'01 "E , a distance of 115 .21 feet to a
point on the North line of the parcel described by the Special Warranty Deed recorded
at Reception No . 2008031587;
Thence the following two (2) courses along the North boundary of said parcel:
1. N82 °31'21 "W , a distance of 83.90 feet ;
2. N88°13'59"W, a distance of 72.07 feet to the Northeast corner of the parcel
described by the Bargain and Sale Deed recorded at Reception No .
2008093175;
Thence the following ten (10) courses along the Northerly boundary of said parcel:
1. N88°14'22"W, a distance of 58.35 feet;
2. Along the arc of a non-tangent curve to the left having a radius of 9.50 feet and a
central angle of 8r14'16", an arc distance of 14.46 feet with a chord bearing
N44°37'16"W, a distance of 13.11 feet;
3. S89 °05'15"W, a distance of 87.36 feet;
4. S00°24'32"E, a distance of 8.16 feet ;
5. Along the arc of a curve to the right having a radius of 9.50 feet and a central
angle of 89°32'21", an arc distance of 14.85 feet with a chord bearing
S44°21'39"W, a distance of 13.38 feet;
6. S89°07'49"W, a distance of 136.21 feet;
7. Along the arc of a non-tangent curve to the right having a radius of 9.50 feet and
a central angle of 90 °40'44", an arc distance of 15.04 feet with a chord bearing
N45°31 '50"W, a distance of 13 .51 feet;
8. N00°11'28"W, a distance of 2.00 feet;
9. S89 °48'32"W, a distance of 32 .54 feet;
10. Thence S00°54'01"E , a distance of 4.64 feet to the Northeast corner of the parcel
described by the Special Warranty Deed recorded at Reception No. 2011 096840;
Thence along the North line of said parcel , S89°29'29"W, a distance of 149.91 feet to
the Northeast corner of the parcel described by the Special Warranty Deed recorded at
Reception No. 2011096812 ;
Thence the following two (2) courses along the North line of said parcel :
1. Continuing S89°29'29"W, a distance of 100.77 feet ;
2. Along the arc of a curve to the right having a radius of 39 .50 feet and a central
angle of 89 °36'53", an arc distance of 61 .78 feet with a chord bearing
N45 °42'05"W, a distance of 55.67 feet to the Point of Beginning ;
Containing 1 ,505,152 square feet or 34.554 acres , more or less.
Section 2. Vested Property Rights. Approval of this zone change 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 objective sought to be attained.
Section 4. Severability; Conflicting Ordinance 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 ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on
this 81h day of December, 2014, ordered it published with Public Hearing and
consideration on final passage set for Monday, January 12, 2015 at 7:00 o'clock p.m .,
in the Council Chambers , 7500 West 291h 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 12'h day of December, 2015 .
SIGNED by the Mayor on this ___ day of _______ , 2015.
ATTEST:
Janelle Shaver, City Clerk
1st publication: December 11, 2014
2nd publication:
Wheat Ridge Transcript:
Effective Date:
Joyce Jay, Mayor
Approved as to Form :
Gerald Dahl , City Attorney
~~'-~
.... _ or City of • .. ~Wheat&_dge ~OMMUNITY DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO : Planning Commission CASE MANAGER: Meredith Reckert
DATE OF MEETING:
CASE NO. & NAME:
ACTION REQUESTED:
LOCATION OF REQUEST:
PROPERTY OWNER:
APPROXIMATE AREA:
PRESENT ZONING:
COMPREHENSIVE PLAN:
ENTER INTO RECORD:
COMPREHENSIVE PLAN
ZONING ORDINANCE
Planning Commission
November 6, 2014
WZ-14-09/ Applewood Village Shopping Center
Approval of Planned commercial Development (PCD) zoning
and an Outline Development (ODP)
Applewood Village Shopping Center generally addressed as
3400 Y oungfield
Regency Centers
35 acres
NC, RC, C-1 and PCD
Primary Commercial Corridor, Community Commercial Center,
Mixed-Use Commercial
CASE FILE & PACKET MATERIALS
DIGITAL PRESENTATION
Vicinity map on opposite page
WZ-14-9/Applewood Village Shopping Center
Attachment 2
1
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant is requesting a zone change from Neighborhood Commercial, Restricted Commercial
and Commercial-One to Planned Commercial Development. The location of the zone change is the
Applewood Village Shopping Center which is comprised of approximately 35 acres in the western
quadrant of the City of Wheat Ridge, adjacent to the 1-70 corridor. The shopping center is bordered by
West 38th Avenue to the north, low density residential neighborhoods to the north and east, West 32"d
to the south, and Y oungfield Street to the west. (Exhibit 1, Aerial Photo) It is the intent of this
application to incorporate new ownership parcels, consolidate the boundary of the center and to
prepare several existing building pads for new development. (Exhibit 2, Letter of R uest) While
portions of the property have been zoned planned development for over forty years, there has never
been a unifying zoning document. The attached ODP will fulfill this need.
The City's planned development approval is a two-step process. The first step is for the zone change
to PRD and approval of an Outline Development (ODP). The ODP document sets allowed uses and
development standards for the property. The ODP also contains a general concept plan which labels
areas of landscaping, parking, building footprints, access points and areas for new development. The
ODP approval requires a public hearing in front of each Planning Commission and City Council. City
Council is always the final authority for approval of zone changes so Planning Commission will be
making a recommendation.
The Specific Development Plan (SOP) and plat is the second step of the process which focuses on the
details of the development such as final drainage, street improvements, architecture and final lot
layout. New SOP approvals require review by Planning Commission.
II. EXISTING CONDITIONS/PROPERTY IDSTORY
The Applewood Village Shopping Center is the City's largest commercial center. It serves area
residents as well as drawing customers and patrons from the region.
Numerous parcels and buildings comprise the Applewood Village Shopping Center. The northern
portion of the site is primarily zoned Planned Commercial Development, having been rezoned initially
in 197 5. The southern portion has a mix of zoning including Restricted Commercial (R -C),
Neighborhood Commercial (N-C), Commercial-One (C-1) and Planned Commercial Development
(PCD). The center has been through a series of development plan amendments to facilitate new
development as needed prior to new construction on the site.
The shopping center was initially developed in the early to mid-1960's. The planned development
zoning appears to have been approved for a portion of it in the 1970's. The northern portion of the site
includes a large 224,883 square foot multi-tenant building. Those tenants currently include Walmart,
Planning Commission 3
WZ-14-9/Applewood Village Shopping Center
Petsmart and King Soopers. There are smaller retail tenants on the south side of the structure
including a Thai Restaurant and a day-spa. This structure has frontage on West 38th Avenue and is
pushed back to the eastern perimeter of the shopping center. Parking and circulation generally occur
on the west side of the building. An alley runs along the east side of this structure for loading. A bus
transfer station for RTD is located at the northwest comer of the center near the intersection of 38th
and Y oungfield .
In the middle of the shopping center is a freestanding bank building built in 2011 occupied by Wells
Fargo Bank, and several multi-tenant buildings leased to smaller retail tenants including Starbucks,
Angelos ' CD 's and Smash Burger. These structures combined have roughly 31 ,000 square feet of
tenant space.
On the southern portion of the shopping center located toward Y oungfield are several buildings, some
of which will remain in their current configuration and others which will be demolished for new
redevelopment opportunities. The existing structures to remain are the Applejack Liquor store
building, a multi-tenant building with Abrusci 's, Dardano's Shoes , and Famous Footwear and the
Chili's restaurant building. Another existing structure to remain on the south side is a 10 ,820 sf
structure with tenants including Chipotle and Noodles and Company.
The majority of the pending redevelopment will occur on the southern side of the property on
properties recently acquired. These properties include properties addressed as 3210 Youngfield ,
12755 W. 32nd Avenue and 12525 W. 32nd Avenue.
The shopping center is located in a busy commercial corridor and has easy access to 1-70 through the
32 nd Avenue and Youngfield on/off ramps. Youngfield and both West 32 nd and 38th Avenues are
classified as minor arterials and carry numerous vehicles per day . The location is also a popular stop
for travelers to and from the mountains who can fulfill most of their shopping needs in a single stop.
A major interior drive aisle connects 38 1h and 32n d A venues. Neither of these major access points is
signalized
Surrounding properties include a variety of land uses. On the east and north sides of the center are
residential neighborhoods , generally zoned R-1A . To the south across West 32nd Avenue are a mix of
homes and businesses. Abutting the property on the west is Youngfield and beyond that, 1-70.
(Exhibit 3, Zoning map)
The shopping center ownership comprises all parcels within the super block from 32 nd to 38 th Avenue
except for the Qdoba/Mattress Firm building addressed as 3500 Youngfield.
III. OUTLINE DEVELOPMENT PLAN
Attached is a copy of the proposed Outline Development Plan which contains two sheets. The
proposed ODP recognizes existing conditions and establishes standards and guidelines for new
development areas . The ODP also include parcels which were recently purchased by the owner,
Regency Centers. Those include properties currently addressed as 3210 Youngfield, 12755 W. 32"d
Avenue and 12525 W. 32 nd Avenue. (Exhibit 4, parcel exhibit)
Planning Commi ssion
WZ-14 -9/Applewood Village Shopping Center
4
On Sheet One, the ODP will set allowed uses and development standards for the property. The ODP
also contains a graphic plan on Sheet Two which designates traffic circulation, existing building
foo rints, potential redevelopment areas and general development themes. (Exhibit 5, ODP
documen t)
SHEET ONE
Allowable Uses:
Uses permitted under the existing ODP are C-1 uses. The C-1 zone district regulations allow office,
service and retail uses, including large format retail stores . Specific uses allowed in the C-1 zone
district include lumber yards, grocery stores, restaurants and liquor stores. By following the C-1
regulations, the current protocol for new drive-through uses is to process a separate Special Use
Permit.
The proposed list has been expanded to allow C-1 uses which currently require a Special Use Permit
for drive-through facilities as uses by right. This modification would accommodate uses such as fast
food drive-throughs, fueling stations and drive-through banking facilities. Such uses would still be
subject to City review and approval through the Specific Development Plan process.
Development Standards:
The ODP typically defines development parameters on the front sheet of the document. In
determining setbacks, a notation on Sheet 1 directs the reader to the Architectural and Site Design
Manual (ASDM). The property is located within the Contemporary Overlay district in the (ASDM)
which essentially requires all new structures with public street frontage to have a build-to line of 0' to
20'. It also requires that 40% of an individual lot's street frontage be comprised of structure. Many of
the existing structures in the center do not fit this pattern of development. Any new structures with
direct frontage on any of the adjacent public streets should meet the build-to line, unless approved with
build-to modifications through an SDP process.
Most of the structures where not adjacent to a public street have been developed using lease lines,
instead of property lines. Rather than trying to establish minimum interior setbacks, the building
locations will be reviewed at the time of SDP in consideration to internal separation and access to
internal parking and circulation.
Another development standard established at ODP is lot coverage. As proposed, the shopping center
is limited to a maximum of35% building coverage (526,803 square feet), 55% hard surfaced coverage
and a minimum 10% landscaped coverage. In addition to the landscaped coverage minimum, the ODP
specifies that plant quantities and materials be consistent with Section 26-502 (Landscape
Regulations). At the time ofSDP, proposed development will be analyzed with regard to these
standards based on parcel size, if applicable, or lease line areas.
Overall parking on the site is required at a rate of 4 spaces per 1 000 square feet of gross building
coverage which is consistent with the requirements in the zoning code for unified shopping centers
over 100,000 square feet in size. Language has been added under Note 7 to allow blanket access,
parking and circulation throughout the shopping center. Bicycle parking has not been addressed. Staff
recommends a note be added that bicycle parking should be consistent with Section 26-501.E.4. of the
zoning and development code.
Planning Commission 5
WZ-14-9/Applewood Village Shopping Center
Maximum building height allowed is 50' which is consistent with most commercial zone district
classifications in the City.
Architecture:
On Sheet 1, references have been made to the ASDM for fa9ade design, transparency, architectural
materials and screening. Architectural materials used for recent upgrades in the center include brick,
stucco and rock. Building architecture will be reviewed during the Specific Development Plan
process.
Buffering:
Minimal mention is made regarding buffering for adjacent residential uses. This is of particular
concern with the redevelopment area located in the southeast corner of the property. In addition to
low density residential directly to the east, there are substantial grade changes which will challenge
mitigation efforts.
There is roughly 18' of elevation change between the existing parking lot at 12525 W. 32nd Avenue
and the south side of the vacant Old Chicago building. A grade change of 14' separates the cul-de-sac
on Wright Court from the rear of that same structure.
For buffering purposes and to maintain compatibility with adjacent uses, Staff recommends language
be added to the plan that development in this area include consideration for upgraded vertical
landscaping, reduction of lighting at night and business hour limitations.
SHEET TWO
The second sheet of the plan set includes the graphical portion of the ODP. The graphic is being used
to reflect existing conditions including building locations, existing parking and circulation and access
points. It is also intended to designate areas of potential redevelopment.
Existing structures are shown with striping with existing circulation and parking areas in "halftone".
Existing curb cuts are reflected with arrows. The redevelopment areas are designated with a light
gray colored overlay. Those redevelopment areas are located along the entire 32nd A venue frontage, as
property currently addressed as 3298 Youngfield (existing Wells Fargo drive-through) and behind the
new Wells Fargo bank location at 3498 Youngfield .
Access points shown into the shopping center include primary accesses from 32nd and 38th Avenue and
from a signalized access point from Youngfield at roughly mid-point in the shopping center. There are
also minor access points for individual parcels along both 32nd and Youngfield. Staff is considering
the access points shown as existing conditions and not a guarantee that the accesses shown will be
allowed with new development. At the time of SOP review, staff reserves the right to evaluate the
areas of redevelopment with potential consolidation of access points being a goal. Internal access will
also be evaluated and potentially redesigned along with consolidation of street access points. Staff is
recommending the following language be shown on Sheet Two:
"The access points and internal circulation shown on this ODP reflect the existing conditions for
the overall development at the time of the adoption of the ODP . The access points may change,
likely consolidated , as individual parcels are redeveloped and incorporated into the overall
Planning Commission 6
WZ-14-9 /Applewood Village Shopping Center
Mixed-Use Commercial
The focus for mixed-use commercial areas is on long-term infill and redevelopment,
reinvestment, and high quality urban design and landscaping for vacant or underutilized
properties, with "centers" being the primary emphasis.
Specific objectives address the following:
• To make Wheat Ridge a community of choice in which to live, work, shop and recreate
• To atrract quality retail develoment and activly retain existing retailers
• To revitalize key redevelopment areas
• To establish and matintain a resilient tax base
Community Commercial Center
This designation indicates that the City should focus on retaining existing major supermarket
shopping centers and ensure that these areas remain economically strong by retaining and
enhancing existing retailers and assisting landowners to expand and redevelop underutilized
commercial areas with denser, high quality development. In addition, efforts should include
developing regional retail opportunities to draw out of area spending.
Primary Commercial Corridor
This designation indicates that the City should focus on retaining existing commercial
businesses along the Y oungfield corridor and improving the appearance and transportation
function so that the corridor will support commercial functions.
Specific goals include the following:
• Creation of recognizable gateways and corridors
• Leading the community in quality design
• Ensuring quality design for development and redevelopment
1-70/KIPLING CORRIDORS URBAN RENEWAL PLAN -adopted 2009
The Applewood Center is also a part ofthe 1-70/Kipling Corridors Urban Renewal Plan. The
Urban Renewal Plan was created to assist with redevelopment of properties in the defined area
including development along the Youngfield/1-70 corridor by remediating and removing blight.
The center meets factors of blight due to deteriorating structures, a predominance of defective
or inadequate street layout, faulty lot layout in relation to size, adequacy or usefulness, and the
deterioration of the site and other improvements.
The Plan identifies a unique opportunity to create a series of destinations that are both region-
serving and locally supportive. The Applewood Center serves this purpose and can provide
additional services both locally and regionally. The Plan authorizes Renewal Wheat Ridge to
undertake zoning and planning activates to regulate land use, maximum densities, and building
requirements in the Plan area.
Planning Commission 10
WZ-14-9/Applewood Village Shopping Center
ECONOMIC DEVELOPENT STRATEGY-adopted 2010
The Economic Development Strategy was adopted with a broad goal of retaining and
increasing retail and revenue-generating acitivies in commercial activity centers. The
Applewood Shopping Center is the City's largest producer of sales tax revenues and is a
primary shopping district for the surrounding neighborhoods. Being such, the redevelopment
and utilization of the shopping center is a key element in the City's Economic Development
Strategy. The rezoning of the center will support the Economic Development Strategy by
promoting and marketing Wheat Ridge, creating new employment opportunities, retaining and
attracting retail growth, and rehabilitating under-utilized retail space.
Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the City
of Wheat Ridge is in error.
Staff has not found any evidence of an error with the current zoning designation as it appears
on the City's zoning maps.
Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that it is
in the public interest to encourage redevelopment of the area or to recognize the changing
character of the area.
Commercial development in the Youngfield/1-70 corridor continues to intensify with new
redevelopment of and reinvestment in tired, outdated structures and sites. Examples of this
newer construction include the First Bank building at the southeast corner of 32"d and
Youngfield, fa9ade upgrades to the Qdoba!Mattress Firm building at 3500 Youngfield.
The City and COOT have substantially invested in the existing infrastructure with the
Youngfield and Highway 58 improvements including construction of the underpass for West
40th Avenue under the freeway. The City ofWheat Ridge recently completed a major CIP
project which included the widening of 32"d A venue between Wright Court and Braun Court.
The project included installation of new traffic signals at the intersections of 32"d and
Y oungfield, 32"d and the 1-70 ramps and 32"d and Zinnia. Left hand turn lanes at all
approaches to the 32"d A venue/ Youngfield intersection were provided, in addition to
construction of an 8' multi-use path, pedestrian lighting and bus pads and benches. The
project also included installation of new curb, gutter and an 8' wide attached sidewalk along
the south side of the shopping center.
Additional new development will occur on the western side of I -70 via the Clear Creek
Crossing development. This project which is comprised of more than 190 acres of land has the
ability to be developed into around one million square feet of commercial area Staff
anticipates development of this area in the next several years.
Staff concludes that this criterion has been met.
Planning Commission 11
WZ-14-9 /Applewood Village Shopping Center
d. The proposed rezoning is necessary in order to provide for a community need that was
not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive
plan.
The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable.
VI. NEIGHBORHOOD MEETING
The required pre-application meeting for neighborhood input was held on August 5, 2014. There were
approximately 40 persons in attendance (Exhibit 6, meeting reca , Exhibit 7, Sign-u sheet
VII. AGENCY REFERRALS
All affected service agencies were contacted regarding their ability to serve the property. The
developer will be responsible for any needed upgrades to accommodate the proposed development.
Specific referral responses follow.
Consolidated Mutual Water District: Upgrades of existing infrastructure may be needed in the
interior of the shopping center. Can serve with improvements installed at the developer's expense.
CDOT: No concerns. All improvements are in place.
Wheat Ridge Fire Protection District: No concerns about servicing the property. Will assess the
need for water supply, hydrant locations , site access and building configuration at the time of Specific
Development Plan submittal.
Renewal Wheat Ridge: Renewal Wheat Ridge has reviewed the application for re-zoning and has
determined that it does not conflict with the I-70/Kipling Corridors Urban Renewal Plan.
Wheat Ridge Police: Can serve.
Wheat Ridge Public Works: Has reviewed preliminary drainage information. Has recommended
language to be included requiring review and approval of traffic information which could result in
consolidated access points and other improvements.
Northwest Lakewood Sanitation District: Has adequate capacity to accommodate development.
Final design review will occur at the SDP and plat stage.
Xcel Energy: Can serve.
VIII. STAFF CONCLUSIONS AND RECOMMENDATION
Planning Commission
WZ-14-9/Applewood Village Shopping Center
12
Staffhas concluded that the proposed Planned Commercial Development zoning and accompanying
Outline Development Plan are consistent with the goals and policies of the City guiding documents
including the Neighborhood Revitalization Strategy, Envision Wheat Ridge and the 1-70/K.ipling
Urban Renewal Plan.
Staff further concludes that the proposed consolidated zoning will facilitate new development areas.
Because the proposed zoning and ODP meet the criteria used to evaluate a zone change, a
recommendation of approval is given for Case No. WZ-14-09 with the conditions listed below.
IX. SUGGESTED MOTIONS:
Option A: "I move to recommend APPROVAL of Case No. WZ-14-09, a request for a zone change
from Commercial-One, Restricted Commercial and Neighborhood Commercial to Planned
Commercial Development (PCD) zoning and an Outline Development Plan (ODP), on property
located in the Applewood Village Shopping Center addressed generally as 3400 Youngfield Street for
the following reasons:
1. The proposal is consistent with the City's guiding documents including the Neighborhood
Revitalization Strategy, Envision Wheat Ridge and the I-70/K.ipling Urban Renewal Plan.
2. The new zoning and ODP will facilitate redevelopment of certain areas in the Applewood
Shopping Center.
3. The proposal meets the zone change criteria.
4. All requirements for an Outline Development Plan have been met.
With the following conditions:
1. A note be added that bicycle parking should be consistent with Section 26-50l.E.4. of the
zoning and development code.
2. Language be added to the plan that development in the southeast comer of the area include
consideration for upgraded vertical landscaping, reduction of lighting at night and hours of
operation limitations.
3. Public Works' recommended language be included on Sheet 2 of the ODP document.
4. A signature block for the Economic Development Manager must be included on the face of the
ODP document as the City will be a cooperating property owner.''
Option B: "I move to recommend DENIAL of Case No. WZ-14-09, a request for a zone change from
Commercial-One, Restricted Commercial and Neighborhood Commercial to Planned Commercial
Development (PCD) zoning and an Outline Development Plan (ODP), on property located in the
Applewood Village Shopping Center addressed generally as 3400 Youngfield Street for the following
reasons:
1.
2.
3."
Planning Commission
WZ-14-9 /Applewood Village Shopping Center
13
Exhibit 2, Letter of Request
1!480 Lt." D•chard R.,..d P 30J 300 !>300
Stut 6 900 F l03 91 ti90&
Uo.,.,nwoadVII g" C0 801 11 R g•ne yC~nt•r•com
Regency Cen ers September 12, 2o1<1
Written request and description of proposal:
Regency Cen ters is the applicant for the proposed ApplewDOd Village Shopping Center ODP
Amendment #9. The intent of the proposed Amendment is for Regency to consolidate our land
holdings at Applewood Village Shopping Center into a s1ngle unified zone district. Plamed Commercial
Development (PCO). The bulk of Applewood ViDage Sh op p ng Center is wrrentty zored PCO. This
rezoning wilt dlange a C-1 zoned area at the southwest comer of the property and an R.-c and N-c
area at the SOCJttieast comer of the property to PCO like the remainder of the Shopping Cen~r .
The proposed rezoning is necessary to prepare for Improvements to a few parcels at the sni:heast
come r of the sl\opping center which rurrentfy house the vacant Old Ol1cago restaurant, the sma
buddlnq with tfle ha•rculter and gun shnp, Md the two ~cant lot:; souttl of ~50!! btnldings adJdU~!Il
to 32nd Avenue. The rezoning is the first step In allowing Regency Centers to commence the
demolition of these vacant buildings which have become an eyesore . Upon completion of the
demQiition we plan to con!rtruct il region&! storm Wdlt!l detention aM water quality facility end a ruel
center associated w th King Soopers.
Zon Change Review Criteria from Section 26-303.0 of the Mun dpal Code:
l . The ~nge of zone promotes the health, safety_ and general welfare of the CDmmtJ!lity Nld will
not result in a significant .Jdverse effect on the surrounding aru.
-The proposed dlange of zone is a consol dation of~ Applewood Village Shopping Center
into a single unified zone d1S tr1ct, Pla nned Commercia l Development (PCO). This consol dation
will also allow the approved PCO uses in the southeast and southwest comer or the property.
Appl!wood Vi llage ~ c1 viiJrodMl rt!g iOI\3 1 rMad center designed to serve its patrons with an array
or products and services . Including the southeast comer In the same zone district does not
adversely affect the surrounding area .
2. The development proposed on the subject property Is not fe.Jsible under any other zone district,
and would rr:quire an unreasonable number of Vllrfsnces or waivers and rondltions
-Consolidating the southeast and southwest property into the PCD zone district 1s the oorrect
entitlement approach for the City and the owner . Th is approach deans up a confusing zoning
diagram for the ent•re shopping center wh ich wi ll create conslstency and el lm1nate
management confus ion . To allow the proposed fuel center by a different entit1ement method
wo uld requ re va ri ances and wa ivers if it is even possible by that approach.
Planning Commission
WZ-14-9 / Applewood Village Shopp ing Center
15
3. AdeqtJflte infrastructure/fao1ities ar~ availtJble to serve the types of uses allowed by the c/Mnge of
zone, or the applicant will upgrade and provide such where they do not exist or are under capacity.
-Currently buildings exist on the property where new development is proposed therefore
adequate infrastructure and utilities already serve the property to allow this Chafl9e of zone. If
it is determined additional improvements are required tor the new development to function we
will work wltn the City on the design and implementation of those improvements . For
example ~ are proposing to construct a detention and water quality facility which wrrentfy
does not exist. This addition will improve current storm water runoff conditions.
4. Ar least one {1) of the following conditions exists:
a. The change of zone is In conformanre, or will bring tht! property into conformance wit!J, tiJe
City of Wheat Ridge comprehensive plan goals, objectives and polldes, and other dty-
approved policies or plans for rile aret1.
Regency has recently acqu i red or is in the process of acqu iring different properties within the
Applewood Village Shopping Center . Therefore Regency Is consolidating our land ownership
Into one un ified development and zone district. It Is M objective of the City to create more
attractive, connected and ecollOmically viable developments within the City , consolidation of
this property allorws for this to occur. Additionally it Is our goal as wen as ttle cities to create a
comprehensive sign program which will be possible when the property is conso li dated.
b. The existing zone classification cu~ntly recorded on the offidal zoning maps of the City of
Wheat Ridge is In error.
Not Appl icable .
<:. A chMge of character In the area has occurred or is occum'ng to suc/1 a degree that it is In
the public interest to encourage redevelopment of the area or to recognize the changing
chafi!der of the area .
There are existing buildings on the property that are currently underutllized, vacant.
dllapldated or in disrepair. lhe proposed rezoning allows Regency to clean -up these buildings .
This is alread)' eVIdenced by the razing of the old gas station and shop building at the
northeast come r of 32 "" and Youngtield .
d. The proposed rezon ing is necessary in order to prr>l'ide for a community need that was not
antidpated at the ume of the adoption of the City of ~at Ridge comprehensi ve plan.
The rezon ing of the southeast comer of the property will allow for a fueling station . A fueling
station previously existed elselfllhere on the property so we are reintroducing a community
need which will have better access and will be more appealing to today's customer.
PlaMing Commission
WZ-14-9/Applewood Village Shopping Center
16
Exhibit 3, Zoning Map
Planning Commission 17
WZ-14-9/Applewood Village Shopping Center
Exhibit 5, ODP document
Planning Commission 19
WZ-14-9/Applewood Village Shopping Center
Exhibit 6, Neighborhood Meeting Notes
Meeting Date:
Attending Staff:
Location of Meeting:
Property Address:
Property Owner(s):
Property Owner(s) Present?
Applicant:
Existing Zoning:
Existing Comp. Plan:
Existing Site Conditions:
NEIGHBORHOOD MEETING NOTES
August 5, 2014
Meredith Reckert , Senior Planner
Ridgeview Baptist Church
3810 Youngfield
Wheat Ridge , CO 80033
Applewood Village Sho&ping Center extending from W.
32 "d Avenue north to 38 1 Avenue and generally bounded by
Y oungfield on the west
US Retail Partners , LLC
P.O . Box 790830
San Antonio , TX 78279
No
Eric Chekal , Regency Centers
8480 E. Orchard Rd , Suite 6900
Greenwood Village , CO 80111
Phone : 303-300-5335
Email: Eri cChekal @ RegencyCenters . com
Planned Commercial Development, Commercial-One,
Neighborhood Commercial and Restricted Commercial
Primary Commercial Corridor, Community Commercial
Center, Mixed-Use Commercial
The Applewood Shopping Center is comprised of approximately 35 acres in the western quadrant of
the City ofWheat Ridge, adjacent to a portion of the 1-70 corridor. The shopping center is bordered
by West 38 1h Avenue to the north , a mix of residential neighborhoods to the east, West 32"d to the
south , and Youngfield Street to the west. The properties in the shopping center have mixed zoning
with Restricted Commercial (R-C), Neighborhood Commercial (N-C), Commercial-One (C-1) and
Planned Commercial Development (PCD).
Planning Commi ss ion
WZ-14-9/ Applewood Village Shopping Center
20
The initial proposal is to consolidate zoning on the property and eventual construction of a King
Soopers fueling center in the southeast comer of the Applewood Shopping Center. Other proposed
development will include a Wells Fargo drive-through facility for the existing bank building
completed in 2011.
Access to the site is from an internal drive to the south onto West 32"d Avenue which runs north to
West 38th Avenue.
Existing on the fuel station development site is an 18,7 50 square foot office building. A significant
change in elevation exists on the southeastern portion of the site. There is an 18-foot drop in elevation
from the southern section of the proposed site to West 32nd Avenue. From the neighborhood to the
east to the proposed site is a 12-foot change in elevation. This change in elevation creates a significant
visibility to the site from both West 38th Avenue and the neighborhood to the east. Included in the
development is a 5' wide strip ofland on the northern side of the existing parking lot along 32"d
A venue. This property will be rezoned and incorporated into the PCD as well.
The site for the Wells Fargo drive-through has a vacant restaurant building which will be demolished.
Applicant/Owner Preliminary Proposal:
The initial application will be to rezone and consolidate the new ownership parcels into the overall
PCD. A zone change and Outline Development Plan will be required first. Once this occurs, the
applicant can proceed with Specific Development Plans and a plat.
The following is a summary of the neighborhood meeting:
• In addition to staff and the applicant, 40 members ofthe public attended the neighborhood
meeting.
• Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning
request.
• The applicant explained the reason for the zoning change and the proposed redevelopment of the
southern portion of the site to accommodate the new fueling station and proposed plans for the
Wells Fargo drive-through.
• The members of the public were informed of the process for a zone change.
• The members of the public were informed of their opportunity to make comments during the
process and at the public hearings.
The following issues were discussed regarding the zone change request and proposed
development:
• Why not build the new gas facility at the hard comer of 32"d and Youngfield where the gas
station was demolished?
That corner has limited access with only a right-in turn from 32nd Avenue and a right-out onto
Youngfield. King Soopers thinks that it is too far away from the main store. In addition, the
shopping center owner would like to build something more attractive with upgraded
architecture than a gas station on that corner.
• Traffic is proposed to access the fueling station from the major interior drive which extends
Planning Commission 21
WZ-14-9 /Applewood Village Shopping Center
north from 32"d along the front facades of the Noodles building and north. How will traffic
exit the site?
Traffic can either turn right to go north or left to go south to 32nd Avenue.
• A left tum at the 32"d Avenue exit from the shopping center is already difficult. Will there be a
traffic signal installed at the entrance to the center from 32"d Avenue?
No. A signal at this location would be too close to Youngfield and the entrance is offset from
the street to the south.
• Why doesn't the owner demolish the vacant Wells Fargo building at 12600 W. 32"d Avenue
and build the fueling station there?
The center owner is hoping to re-tenant that building or redevelop the site.
• It was suggested by one of the attendees that traffic in the shopping center should be one-way.
The access onto 32"d Avenue could be one-way in and the access at 38th Avenue could be made
one-way out.
• It was also noted that the alley running behind the center is used for loading but there is
additional traffic using it including pedestrians and bicycles in addition to large vehicles at the
loading docks. It was suggested that the loading area behind the center be designated as one
way.
• Will the barbershop building be demolished and will they be relocated into the shopping
center?
Yes, the existing barber shop building will be demolished. The owner can discuss relocation in
the shopping center with the Regency leasing team.
• What type of protection/buffering will be provided to the neighborhood to the east? Plans will
include a large amount of upright landscaping around the new detention pond to provide a
visual buffer for the neighborhood to the east.
• What kind of measures will be made to address sustainability? The redevelopment proposals
will increase the amount of landscaping on the site. Currently there are no provisions for
water quality or detention and the proposed pond will help with that.
• Will there be any impact on ground water levels?
No soil drillings have been performed yet
• Why can't the old Holly West building be used for the fueling station? The property is not the
right size and is already planned to be redeveloped into the Wells Fargo drive through.
Several comments were made as to understanding the necessity of the King Soopers fueling station;
however, there was concern expressed about the proposed location and the impact on the
neighborhood to the east. One attendee commented that new development is in the shopping center
should be an improvement over what is currently there'll
Staff received one written comment prior to the neighborhood meeting. The letter is attached.
Planning Commission
WZ-14-9 /Applewood Village Shopping Center
22
Regency Centers
8480 East Orchard Road, sui1e 6900
Greenwood Village , CO 80111
Thank you for sending us the "Notice of Neighborhood Meeting~ We do plan to attend.
It seems that from the discussion items there might be some concrete work done.
Therefore I need to make you aware that the alley that is supposed to seJVe as an
o11erflow drain has a problem. The concrete east curbing that is supposed to act as a
barrier has been compromised. probably by big trucks crushing the concrete. The
concrete , especially in low plaoes , has cracks even down to the rebar and allows water
to seep into the yards to the east sometimes causing flooding. Thrs has been a problem
for the last several years but with the possibility of rain in the forecast it Is more
imminent now. Hopefully you can take this into account in your planning and fix the
problem .
Thank you for the opportunity to voice my concern .
8e!"'".etft'o fl.....,lf"*ili-R Community Development Department. 7500 West 29m
Allenu~. Wheat Ridge, Colorado 80033
Planning Commission
WZ-14-9/Applewood Village Shopping Center
23
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7. PUBLIC HEARING
A. Case No. WZ-14-09:
Ms. Reckert presented the case. She entered into the record the contents of the case file
and packet materials, the zoning ordinance, the comprehensive plan and the digital
presentation. She stated the public noticing and posting requirements have been met.
Planning Commission will make a recommendation to City Council which is the final
authority. She reviewed the staff report and digital presentation.
Commissioner BUCKNAM inquired about the ownership of the non-included parcel to
the southeast. Ms. Reckert stated the parcel is under separate ownership and not included
in the request.
Commissioner BUCKNAM stated a large portion of the site was designed and built in the
1970's but there has never been an Outline Development Plan (ODP) for the
development. Ms. Reckert stated the site has not been reviewed comprehensively. This
application will fulfill the need for an Outline Development Plan (ODP).
Commissioner BUCKNAM asked if Specific Development Plans (SPD's) will be
required for specific new builds only and not the entire development. Ms. Reckert
replied yes, that is correct.
Commissioner WEAVER inquired if and when a traffic study will be done. Ms. Reckert
stated the applicant is in the process of submitting a traffic study for the entire site and
individual site analysis will be reviewed on an incremental basis as specific development
plan applications occur.
In response to Commissioner WEAVER's inquiry, Ms. Reckert stated landscaping will
be reviewed as development occurs.
Commissioner DORSEY stated there should be more limited access to the center from
Youngfield Street and suggested another traffic signal at the entrance from 32nd A venue.
Ms. Reckert stated the traffic study will dictate requirements and staff wants to reserve
the right to look at access points and limit them. Language has been added as a condition.
Commissioner DORSEY indicated most of development will be on the southeast comer
and it should be addressed with a traffic signal.
Commissioner BUCKNAM inquired about the buffering along Wright Court and asked if
staff has specifics in mind in regard to the upgraded vertical landscaping. Ms. Reckert
stated a landscaping plan will be reviewed as part of the SOP.
Eric Chekal
Regency Centers
8480 E Orchard, Suite 6900
Attachment 3
Greenwood Village 80111
Mr. Chekal introduced Dennis Sobieski, Civil Engineer, Dick Ansteth, Architect and
Land Planner and Will Damrath, Regional Officer for Regency Centers. He stated
Regency Centers is a national company and owns 328 centers nationally. Regency
Centers owns, develops and operates the shopping centers. He reviewed a slide
presentation and provided hardcopies to the Commissioners.
The site was acquired in 2005. The goal is to make the center more vibrant than it is
today with a leasing rate of95% or more. Currently, much less is leased due to
circulation, dilapidated buildings~estrian/vehicular connectivity and generally needed
improvements. The comer of32 & Youngfield Street was acquired in 2013. Since then
the gas station and retail shop building have been demolished. Wells Fargo would like to
add a drive thru banking facility behind their new building at 3490 Youngfield .
The ODP will allow investment and redesign for the shopping center. A master sign
program will be created to consolidate signs for better tenant visibility. Regency Center
envisions more restaurants, creating some pedestrian connected place making, bike racks,
better way-finding and access points. The water quality detention area needs to be built
east of the future SOP area in the southeast comer of the site to consolidate current
multiple ponds. It will create significate screened buffering to the adjacent residential
area . Wells Fargo and King Soopers are currently working on SDP applications.
In response to Commissioner KIMSEY's inquiry, Mr. Chekal replied that approximately
50,000 square feet of vacant tenant space is currently available.
Commissioner BUCKNAM inquired about the lower elevation parking lot property not
marked as future SOP area and asked if it will remain as parking. Mr. Chekal stated the
intent is to include it in the future SOP for the King Sooper fueling station.
Commissioner Bucknam wondered about impact to residences on Wright Street in
relation to ground water run-off and odor associated with the fuel center. Mr. Chekal
stated the focus is to put something with good masonry at the entrance with good
connections for vehicles and pedestrians.
Vice Chair OHM opened the public hearing.
Donald Winton
12590 W. 32nd Ave
Mr. Winton stated he lives across the street from the proposed gas station and entrance
from 32nd Avenue . He asked if there were any consideration for the homeowners and the
impact on property values due to the gas station with lighting, noise, and the extended
business hours.
He has witnessed numerous accidents (some in his yard) as a result of left-hand turning
movements out of the complex. He suggested only allowing right turns in and out at that
entrance.
Ms. Reckert deferred the traffic issues to the applicant.
Mr. Chekal stated a traffic study is in process and at this time there is no plan to install a
traffic signal based on the current wait times and level of service at that location .
Further analysis will be done as additional SOP's are reviewed.
Commissioner WEAVER inquired about lighting regulations. Ms . Reckert stated a
condition has been added requiring the applicant to submit a photometric plan for the fuel
center staff will review.
Vice Chair OHM closed the public hearing.
It was moved by Commissioner WEAVER and seconded by Commissioner
KIMSEY to recommend approval of Case No. WZ-14-09, a request for a zone
change from Commercial-One, Restricted Commercial and Neighborhood
Commercial to Planned Commercial Development (PCD) zoning and an Outline
Development Plan (ODP), on property located in the Applewood Village Shopping
Center addressed generally as 3400 Youngfield Street for the following reasons:
I. The proposal is consistent with the City's guiding documents including the
Neighborhood Revitalization Strategy, Envision Wheat Ridge and the 1-
70/.Kipling Urban Renewal Plan.
2. The new zoning and ODP will facilitate redevelopment of certain areas in the
Applewood Shopping Center.
3. The proposal meets the zone change criteria.
4. All requirements for an Outline Development Plan have been met.
With the following conditions:
1. A note be added that bicycle parking should be consistent with Section 26-
SOI.E.4 of the zoning and development code.
2. Language be added to the plan that development in the southeast corner of the
area include consideration for upgraded vertical landscaping, reduction of
lighting at night and hours of operation limitations.
3. Public Works' recommended language be included on Sheet 2 ofthe ODP
document.
4. A signature block for the Economic Development Manager must be included
on the face of the ODP document as the City will be a cooperating property
owner.
Motion approved S-0.
Council Action Form -Vacatin g Right-of-way
January 12 , 2 014
Page 2
January 15 . Accordingly, Council is asked to open the public hearing on January 12 , take any
testimony, then continue the hearing to its January 26 meeting for any additional testimony and
final action on the ordinance.
REC OMMEN DAT IO NS:
Staff recommends approval of the ordinance.
REC OMMENDED MOT IO N:
"I move to continue the hearing on Council Bill No. 17-2014, an ordinance vacating any
interest held by the City in a portion of 441h A venue, for final action at the regularly
scheduled Council meeting of January 26, 2015.
Or,
"I move to postpone indefinitely Council Bill 17-2014 vacating any interest held by the
City in a portion of 441h Avenue for the following reason(s) "
RE PORT PRE PARE D BY:
Gerald Dahl , City Attorney
Patrick Goff, City Manager
ATTACHMENTS :
1. Counci1Bil1No.17-2014
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DAVIS
COUNCIL BILL N0.17-2014
ORDINANCE NO. ___ _
Series 2014
TITLE: AN ORDINANCE OF THE CITY OF WHEAT RIDGE VACATING ANY
INTEREST HELD BY THE CITY IN A PORTION OF 44TH AVENUE, A
PUBLIC ROADWAY
WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the
public and the landowners abutting such rights-of-way; and
WHEREAS, due to a potentially inaccurate legal description, certain property
lying immediately north of 44th Avenue may be subject to a dedication as a part of the
44th Avenue right-of way; and
WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1 )(a)(l)
and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined
that the nature and extent of the public use and the public interest to be served is such
as to warrant the vacation of this area; and
WHEREAS, the portion of the 44th Avenue right-of-way to be vacated and which
is the subject of this ordinance is more fully described on Exhibit A attached hereto and
fully incorporated herein by this reference; and
WHEREAS, no property abutting said public roadway will be left without an
established public road or private-access easement connecting said land with another
established public road.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Vacation. To the extent of any City interest therein, the following
portion of the 44th Avenue right-of-way is hereby vacated, the same being no longer
required for public use and the public interest will be served by such vacation:
as more particularly shown on the attached Exhibit A.
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. Recording. This Ordinance shall be filed for record with the office
of the Jefferson County Clerk and Recorder.
Attachment 1
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 5 to 1 on
this 8th day of December, 2014 , 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 January 12 , 2015 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 , 2015.
SIGNED by the Mayor on this __ day of ____ _ , 2015 .
ATTEST :
Janelle Shaver, City Clerk
First Publ ication : December 11 , 2014
Second Publication:
Wheat Ridge Transcript
Effective Date :
Published :
Joyce Jay, Mayor
Approved as to Form
Gerald E. Dahl , City Attorney
Wheat Ridge Transcript and www.ci.wheatridge.co .us
2
Council Action Form -Re zoning Harlan Street Property
January 12 , 2015
Page2
FINANCIAL IMPACT:
The proposed zone change is not expected to have a direct financial impact on the City. Fees in
the amount of$957 were collected for the review and processing of Case No. WZ-14-11.
BACKGROUND:
The property is located at 4295 Harlan Street in the northeast quadrant of the City, near the
intersection of Harlan St. and 44th Ave. The property is currently zoned Restricted Commercial
(RC) which allows for various types of office uses and a limited range of neighborhood-oriented
retail uses.
The primary structure on the property was originally built as a single family home in 1951 . Since
that time , the building was converted for commercial use . Most recently, the site served as a spa
and skin care business . Due to the low intensity of the use, the property retains a residential
character inside .
Surrounding Land Us es
The site is currently zoned Restricted Commercial (RC) and is surrounded by residential and
commercial uses. To the north , northeast , and south along Harlan Street are parcels zoned
Restricted Commercial (RC). These properties include a chiropractor, veterinary clinic, and offices
for an electrician and home cleaning service. To the west is a neighborhood zoned Residential-
Two (R-2) and to the southeast is a neighborhood zoned Residential-Three (R-3). Both include
mostly single-family homes. A few parcels north of the subject property on Harlan and Gray
streets are properties that have been recently rezoned to Mixed Use-Neighborhood (MU-N).
Current and Proposed Zoning
The current and proposed zone districts are very similar as RC and MU-N were both established to
provide for neighborhoods serving commercial uses. A significant difference, however, is in the
treatment of residential uses . In the RC zone district, residential uses are permitted on a very
limited basis per section 26-626 of the city code. Existing residential uses may continue, but new
residential uses must be accessory to a commercial use. Because the subject property was
previously converted entirely to a commercial use , it cannot be converted back to a primary
residential use under the current RC zoning.
Unlike in Restricted Commercial , a new residence is considered a permitted use in the Mixed Use-
Neighborhood zone district. The applicants are seeking a zone change to allow for them to utilize
the property as their primary residence . The MU-N zoning will allow for the desired residential
use and will also preserve the possibility of live/work or commercial uses for future owners.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 01-2015 an ordinance approving the rezoning of property
located at 4295 Harlan Street from Restricted Commercial (RC) to Mixed Use-Neighborhood
(MU-N) on first reading, order it published , public hearing set for Monday, February 9, 2015 at
7 p.m. in City Council Chambers , and that it take effect 15 days after final publication."
Council Action Form -Rezoning Harlan Street Property
January 12 , 2015
Page 3
REPORT PREPARED/REVIEWED BY:
Sara White, Planner II
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 01-2015
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER-------
COUNCIL BILL NO. 01
ORDINANCE NO. ___ _
Series of 2015
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 4295 HARLAN STREET FROM RESTRICTED
COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N)
(CASE NO. WZ 14-11/ KAPLAN)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City's review and approval of requests for land use cases; and
WHEREAS, Benjamin Kaplan and Lauren Searcy have submitted a land use
application for approval of a zone change to the Mixed Use-Neighborhood zone district
for property located at 4295 Harlan Street; and
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan-
Envision Wheat Ridge-which calls for a mix of land uses and appropriate transitions
between commercial corridors and neighborhoods; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on December 18, 2014 and voted to recommend approval of rezoning the property to
Mixed Use-Neighborhood (MU-N).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Benjamin Kaplan and Lauren Searcy for
approval of a zone change ordinance from Restricted Commercial (RC) to Mixed
Use-Neighborhood (MU-N) for property located at 4295 Harlan Street, and
pursuant to the findings made based on testimony and evidence presented at a
public hearing before the Wheat Ridge City Council, a zone change is approved
for the following described land:
THE EAST 135 FEET OF THE NORTH 75 FEET OF LOT OR PLOT 1, KAREN
SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO
Section 2. Vested Property Rights. Approval of this zone change 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
ATTACHMENT 1
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of publ ic 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: Conflicting Ordinance 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 ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 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 1 i h day of January , 2015 , ordered it published with Public Hearing and
consideration on final passage set for Monday, February 9, 2015 at 7:00 o'clock p.m .,
in the Council Chambers , 7500 West 29 1h 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 9th day of February, 2015 .
SIGNED by the Mayor on this ___ day of _______ , 2015.
ATIEST:
Janelle Shaver, City Clerk
1st publication :
2nd publication :
Wheat Ridge Transcript:
Effective Date :
Joyce Jay, Mayor
Approved as to Form
Gerald Dahl , City Attorney
,~A~
.. 4 "' City of •
:P'WheatR.i_dge
ITEMNO: S.
DATE: January 12 ,2015
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 02-2015 AN ORDINANCE
AMENDING CHAPTERS 5, 11 AND 26 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING THE
REGULATION OF MEDICAL MARIJUANA
ESTABLISHMENTS AND RETAIL MARIJUANA
ESTABLISHMENTS
0 PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
City Attorney
ISSUE:
~ ORDINANCES FOR 18T READING (1112 /2015)
0 ORDINANCES FOR 2ND READING (1/26 /2015)
D YES
Since August of2014, the City has been operating under a temporary moratorium on marijuana-
related businesses. The moratorium was imposed to permit the City Council time to study and
evaluate the City's existing local regulations governing such businesses. The Council has
completed its evaluation and directed the preparation of this ordinance that addresses the
following main points:
• Establish a cap on the maximum number of marijuana-related businesses allowed in the
City;
• Designate all "storefront" operations (where the public may purchase marijuana) as a
Special Use in the C-1 zone district ;
• Limit cultivation activities to a maximum of 5,000 square feet;
• Impose a separation requirement (1 ,000 ft) from storefront operations to the Wheat Ridge
Recreation Center and improved City parks ; and
• Incorporate certain state regulations concerning signage and establish a review process
for such signage.
Council Action Form -Amendments to Marijuana Ordinance
January 12 , 2015
Page2
Additionally, the Council directed that a separate ordinance be prepared that would permit
existing legal nonconforming marijuana businesses to collocate (medical marijuana businesses
could include retail marijuana in their existing business operations; retail marijuana businesses
could include medical marijuana in their existing business operations). Those provisions are
contained in a separate Council Bill.
Finally, the Council directed Staff to develop a mechanism under which the Council is notified
of the following events concerning marijuana-related businesses: (1) Application is made for a
new Special Use Permit; and (2) Application is made to modify or transfer an existing licensed
business. Staff has developed a proposed mechanism, further described below, and determined
that it does not require modification of the Code or inclusion in this ordinance.
The ordinance also contains a recommended clarification in the zoning use chart that was not
previously discussed by Council. Under the City's existing regulations , cultivation operations
are permitted in only two scenarios: (1) contiguous to an associated storefront business ; and (2)
contiguous to an associated manufacturing business. As noted in the 2"d bullet point above,
Council directed that all storefront operations be designated as Special Uses in the C-1 zone
district. Council did not discuss whether a cultivation operation that is associated with a
storefront in the C-1 zone district should also be designated as a Special Use. This ordinance
provides that a cultivation operation will mirror the zoning designation of its associated principal
use. The result: when a cultivation operation is associated with a storefront in the C-1 zone
district, it will be reviewed as a Special Use -the same process used to review the associated
store. When a cultivation operation is associated with a manufacturer in any zone district or with
a storefront in the IE zone district, it will be reviewed as a permitted use -the same process used
to review the associated manufacturer or store.
Staff believes this clarification of the zoning designation of cultivation operations is consistent
with the Council's policy directives otherwise reflected in the ordinance. Staff also believes
these provisions would be logical and intuitive for both the public and City decision-makers.
Staff would appreciate Council discussion of this topic to ensure that it is consistent with the
goals of this ordinance .
PRIOR ACTION:
The Council discussed a draft ordinance on December 1, 2014. At that study session, the Council
directed the following amendments be made to the draft ordinance:
1. Remove the ordinance provisions that would allow non-confonning marijuana businesses
to collocate ; place those provisions in a separate ordinance .
As mentioned above, those provisions have been removed from the attached ordinance.
Amendments to the following Code provisions, concerning the ability of non-conforming
marijuana businesses to collocate, have been moved to a second ordinance: Code §§ 11-
305(g); 11-415 ; and 11-416(h).
Council Action Form -Amendments to Marijuana Ordinance
January 12 , 2015
Page 3
2. Clarify the ordinance language concerning the maximum number of permitted marijuana-
related businesses .
Language under Code§§ 11-298(a)(7) and 11-408(a)(7) has been amended.
In association with this last amendment, Staff considered how it would implement the maximum
number of licenses. To provide clear expectations and guidance on this point, this ordinance also
contains a process under which the maximum number of licenses will be managed by Staff. See,
Code §§ 11-298( c) and 11-408( c). The proposed process generally requires the City to advertise
vacancies and accept letters of intent for 30 days . If more than one letter of intent is received ,
the City will select an applicant by lottery. An applicant must submit complete applications
(license application and special use permit application , if required) within 60 days and obtain its
business license and Special Use Permit, if required , within 180 days. An applicant 's failure to
diligently pursue its application with the City, either through the failure to provide necessary
information or to meet the above deadlines, would result in rejection of the application or cause
the City to once again advertise that a vacancy exists.
FINANCIAL IMPACT:
While difficult to predict, the projected impact of this ordinance on potential sales tax generation
is believed to be minimal. Under existing City regulations, the available locations for marijuana-
related businesses are already limited. This ordinance caps the number of marijuana-related
businesses at the number that currently exists . It is unlikely that this ordinance will prevent the
location of a significant number of storefront operations in the City that would otherwise be
permitted under the City's current regulations.
City staff will spend additional time and resources administering this ordinance and the
associated process to notify Council of certain marijuana-related business activity.
BACKGROUND:
In 2011 and 2013 , respectively, the City Council adopted local regulations governing medical
marijuana businesses and retail marijuana businesses. Each set of regulations requires such
businesses to obtain a local license to operate, in addition to the state license required by state
law , and imposes limitations on where such businesses may locate within the City.
As a result of recent expressed interest in locating marijuana-related businesses in permissible
locations , City residents expressed concern over the appropriateness of the current location
restrictions. In response to those concerns , the City Council adopted a temporary moratorium on
marijuana-related businesses in August of2014. The moratorium was imposed to allow the
Council time to review and evaluate the City's existing marijuana regulations generally. Council
reviewed existing regulations in regard to the appropriateness of the location of marijuana-
related businesses and their compatibility with adjacent land uses and potential impacts on
neighbors. It also evaluated the public health , safety and welfare impacts of such businesses in
regard to potential exposure to minors.
Council Action Form -Amendments to Marijuana Ordinance
January 12 , 2015
Page4
On December 1, 2014 , the Council reviewed a draft ordinance amending the City's marijuana
regulations. In addition to the Code amendments discussed above , the Council directed Staffto
develop a mechanism under which the Council was notified of certain marijuana business-related
activities. ln that regard , Staff presents the following for Council's consideration:
Notification of submittal of new Special Use Permit (SUP). Staff can utilize the current
distribution of the quasi-judicial spreadsheet to meet this requirement, calling particular attention
to the submittal of a marijuana-related application .
Please note that the public concerns relative to the site at 38th and Miller were triggered based on
the community becoming aware of a pre-application meeting that was held with Staff, which is a
Code-required , pre-cursor to formally filing any land use application. It has been a long standing
City policy that an application is not considered public information until a pre-application
meeting has been held with Staff. This protects important principles of developer/business owner
confidentiality.
It is important to note that not all pre-application meetings result in the filing of a formal
application , and in fact , a SUP would not be eligible for submittal until an applicant has also
conducted a properly noticed neighborhood meeting. To address City Council 's desired
notification request , Staff is recommending that City Council be provided notice upon the
scheduling of a neighborhood meeting. This notification would be provided at the same time as
the formal public notice of the neighborhood meeting is provided to surrounding property
owners and residents.
Notification of any modifications or transfer of a business license. The Sales Tax DiYision serves
as the local licensing authority for all marijuana establishments. Any modification to a marijuana
business license would be processed through their office and Staff will set up a protocol in the
electronic database of business licenses whereby they are able to notify City Council of any
changes to a marijuana business license .
Periodic mapping updates depicting permissible locations. Providing updates to maps is a
relatively labor intensive effort as it requires Staff to get updates on business licenses pertaining
to marijuana establislunents and all of the various types of establishments from which 1,000-foot
buffers are required. Staff also needs to look outside of jurisdictional boundaries as the
separation requirements between marijuana establislunents and the buffer/separation
requirements extend beyond municipal boundaries. Staff is recommending quarterly updates to
City Council, occurring 15 days after the end of each quarter (i.e. 1st quarter notification would
be provided to Council on April 15). Staff proposes providing hard copy maps to Council
members via their City mail boxes .
OPTIONS FOR COUNCIL ACTION:
1. Approve the ordinance as presented on first reading
2. Approve the ordinance on first reading with amendment(s)
3. Postpone consideration of the ordinance indefinitely
Council Action Form -Amendments to Marijuana Ordinance
January 12, 2 0I5
Page 5
RECOMMENDED MOTIONS:
"I move to approve Council Bill No. 02-20I5 , amending Chapters 5, II and 26 ofthe Wheat
Ridge Code of Laws concerning the regulation of medical and retail marijuana establishments on
first reading, order it published , public hearing set for Monday, January 26 , 2015 , at 7:00p.m. in
City Council Chambers , and that it take effect fifteen (15) days after final publication."
Or,
"I move to postpone indefinitely Council Bill No. 02-2015 for the following reason(s)
"
REPORT PREPARED BY;
Carmen Beery, City Attorney 's Office
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
I. Council Bill No . 02-2015
2. November 24 , 20I4 staff memorandum summarizing the initial draft ordinance
3. City maps reflecting locations and buffers of existing marijuana businesses
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. 02
Ordinance No. ___ _
Series 2015
TITLE: AN ORDINANCE AMENDING CHAPTERS 5, 11 AND 26 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING THE REGULATION OF MEDICAL
MARIJUANA ESTABLISHMENTS AND RETAIL MARIJUANA
ESTABLISHMENTS
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality
operating under a charter adopted pursuant to Article XX of the Colorado Constitution
and vested with the authority by that article and the Colorado Revised Statutes to adopt
ordinances for the regulation of land use and the protection of the public health, safety
and welfare; and
WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the
Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12,
C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations
governing medical marijuana establishments; and
WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the
Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12,
C.R.S., the Council previously adopted local regulations governing retail marijuana
establishments; and
WHEREAS, by City of Wheat Ridge Ordinance No. 1554, on August 18, 2014,
the Council adopted a temporary moratorium on certain City approvals necessary to
establish and operate marijuana establishments in the City for the purposes of
permitting the Council to study and evaluate existing local regulations; and
WHEREAS, by City of Wheat Ridge Ordinance No. 1560, on October 27, 2014,
the Council adopted an additional temporary moratorium on such approvals in order to
permit the Council adequate time to carefully study the many issues implicated by the
regulation of marijuana-related businesses; and
WHEREAS, the Council has completed its study of such issues and now desires
to amend certain provisions of Chapters 5, 11 and 26 of the Wheat Ridge Municipal
Code ("Code"), concerning the regulation of both medical marijuana establishments and
retail marijuana establishments, as further set forth herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 11-296 of the Code, concerning application for a medical
marijuana business license, is hereby amended as follows:
Attachment 1
Sec. 11-296.-Application for license.
(a) A person seeking to obtain a license pursuant to this division shall file
an application with the local licensing authority on a form provided by
the state, A SIGN APPLICATION and shall include all additional
information required by the Colorado Medical Marijuana Code. IF
PROPOSED SIGNAGE IS NOT AVAILABLE AT THE TIME OF
INITIAL APPLICATION, AN APPLICANT MAY FILE THE SIGN
APPLICATION AS SOON AS PRACTICAL. NO PERMANENT OR
TEMPORARY SIGNAGE MAY BE INSTALLED OR LOCATED ON
THE PROPERTY UNTIL APPROVED BY THE CITY. SEE SECTION
26-708.H.
(b) The local licensing authority is hereby authorized to request any
applicant to provide information that is in addition to the requirements
of the Colorado Medical Marijuana Code if it determines that such
information is reasonably necessary to complete the investigation and
review of the application.
Section 2. Section 11-298 of the Code, concerning the issuance of medical
marijuana business licenses, is hereby amended as follows:
Sec. 11-298.-Standards for approval of license; no hearing required;
MAXIMUM NUMBER OF LICENSES.
(a) The local licensing authority is authorized to administratively approve any
license under this division so long as the following conditions are met:
(1) The application (including any required attachments and submissions)
is complete and signed by the applicant;
(2) The applicant has paid the application fee and any other fees required
by this Code ;
(3) The application does not contain a material falsehood or
misrepresentation;
(4) The application complies with all of the requirements of this division
and the Colorado Medical Marijuana Code; aR€1
(5) The licensing authority has received written approval from the city
police department as to the applicant's criminal background.,. ;
(6) The licensing authority has received written approval from the
community development department that the location and zoning
2
requirements imposed by this division and section 26-204 of this Code
have been met; AND
(7) THE PROPOSED LOCATION , IF APPROVED , WILL NOT EXCEED
THE MAXIMUM NUMBER OF LICENSED LOCATIONS PERMITTED
IN THE CITY.
a. THE MAXIMUM TOTAL NUMBER OF MEDICAL MARIJUANA
CENTERS AND RETAIL MARIJUANA STORES IN THE CITY
SHALL NOT EXCEED FIVE (5). FOR PURPOSES OF THIS
PARAGRAPH, A RETAIL MARIJUANA STORE AND A
MEDICAL MARIJUANA CENTER COLLOCATED IN
ACCORDANCE WITH SECTION 11-415(C) SHALL BE
COUNTED AS ONE (1) STORE/CENTER.
b. THE MAXIMUM TOTAL NUMBER OF MEDICAL MARIJUANA-
INFUSED PRODUCT MANUFACTURERS AND RETAIL
MARIJUANA PRODUCTS MANUFACTURERS IN THE CITY
SHALL NOT EXCEED THREE (3). FOR PURPOSES OF THIS
PARAGRAPH, A RETAIL MARIJUANA PRODUCTS
MANUFACTURER AND A MEDICAL MARIJUANA-INFUSED
PRODUCT MANUFACTURE COL -LOCATED IN
ACCORDANCE WITH SECTION 11-415(B) SHALL BE
COUNTED AS ONE (1) MANUFACTURER.
(b) The local licensing authority may , but is not required to hold a hearing as
permitted by C.R.S . § 12-43 .3-302 prior to granting a medical marijuana
license .
(C) THE LOCAL LICENSING AUTHORITY SHALL ADMINISTER THE
MAXIMUM NUMBER OF LICENSED LOCATIONS AS FOLLOWS:
(1) WHEN A LICENSE BECOMES AVAILABLE WITHIN THE MAXIMUM
NUMBERS ESTABLISHED BY PARAGRAPH (A)(?) ABOVE , THE
CITY SHALL DECLARE THAT A VACANCY EXISTS AND PUBLISH
NOTICE OF THE VACANCY ON THE CITY 'S WEBSITE AND POST
SUCH NOTICE AT THE CITY 'S OFFICIAL POSTING PLACES . THE
DETERMINATION AND DECLARATION OF A VACANCY SHALL BE
IN THE CITY 'S SOLE AND ABSOLUTE DISCRETION. THE NOTICE
OF VACANCY SHALL PROVIDE THAT INTERESTED PARTIES
MUST FILE A LETTER OF INTENT WITH THE CITY WITHIN THIRTY
(30) DAYS OF THE DATE OF NOTICE .
(2) THE CITY SHALL ACCEPT LETTERS OF INTENT FROM
INTERESTED PARTIES FOR THIRTY (30) DAYS FROM THE DATE
3
OF THE NOTICE OF VACANCY. LETTERS OF INTENT MUST
INCLUDE , AT A MINIMUM , THE FOLLOWING INFORMATION :
A. THE TYPE OF MEDICAL MARIJUANA ESTABLISHMENT OR
RETAIL MARIJUANA ESTABLISHMENT PROPOSED . THE
PROPOSED ESTABLISHMENT MUST BE ONE ELIGIBLE TO
OBTAIN A CITY LICENSE PURSUANT TO ARTICLES XII
AND/OR XIII OF CHAPTER 11.
B. THE PROPOSED LOCATION OF THE ESTABLISHMENT.
C. WRITTEN PERMISSION OF THE OWNER OF THE PROPERTY ,
IF THE OWNER IS NOT THE INTERESTED PARTY , TO
CONDUCT THE PROPOSED ESTABLISHMENT AT THE
LOCATION .
(3) IF MORE THAN ONE (1) COMPLETE LETTER OF INTENT IS
TIMELY FILED , THE CITY SHALL SELECT ONE (1) LETTER TO
CONTINUE PROCESSING BY LOTTERY . ALL POTENTIAL
APPLICANTS IN THE LOTTERY SHALL BE NOTIFIED OF THE TIME
AND PLACE THAT LOTS SHALL BE DRAWN AND MAY ATTEND
AND OBSERVE THE PROCESS . IF THE CITY DOES NOT RECEIVE
ANY LETTERS OF INTENT WITHIN THE INITIAL THIRTY (30) DAY
RESPONSE PERIOD , THE CITY SHALL MAINTAIN THE NOTICE OF
VACANCY ON THE CITY'S WEBSITE . THE NOTICE OF VACANCY
SHALL BE AMENDED TO REFLECT THAT THE INITIAL RESPONSE
PERIOD HAS LAPSED AND THAT LETTERS OF INTENT WILL NOW
BE ACCEPTED AND PROCESSED BY THE CITY IN THE ORDER
RECEIVED . IF MORE THAN ONE LETTER OF INTENT IS
THEREAFTER RECEIVED BY CITY ON THE SAME DATE , THE
LOTTERY PROCESS SET FORTH ABOVE SHALL BE USED TO
SELECT ONE (1 ) LETTER TO CONTINUE PROCESSING.
(4) THE SOLE OR SELECTED APPLICANT MUST FILE A COMPLETE
LICENSE APPLICATION AS REQUIRED BY CHAPTER 11 AND A
COMPLETE SPECIAL USE PERMIT APPLICATION , IF REQUIRED
PURSUANT TO SECTION 26 -204 , WITHIN SIXTY (60) DAYS OF:
A. THE DATE THE APPLICANT IS SELECTED BY LOTTERY , IF SO
SELECTED ;
B. THE EXPIRATION OF THE INITIAL THIRTY (30) DAY RESPONSE
PERIOD IF THE APPLICANT IS THE ONLY PARTY THAT HAS
FILED A TIMELY LETTER OF INTENT; OR
4
C. THE DATE OF THE APPLICANT'S LETTER OF INTENT IF
SUBMITTED AFTER THE INITIAL THIRTY (30) DAY RESPONSE
PERIOD.
(5) THE SOLE OR SELECTED APPLICANT MUST OBTAIN THE CITY
BUSINESS LICENSE REQUIRED BY CHAPTER 11 AND OBTAIN A
SPECIAL USE PERMIT, IF REQUIRED BY SECTION 26-204, WITHIN
ONE HUNDRED EIGHTY (180) DAYS OF THE APPLICABLE DATE
SET FORTH UNDER PARAGRAPH (C)(4) ABOVE.
(6) AN APPLICANT'S FAILURE TO MEET THE DEADLINES SET
FORTH UNDER THIS SUBSECTION OR TO TIMELY FILE THE
MATERIALS AND INFORMATION NECESSARY TO COMPLY WITH
THE SPECIAL USE PERMIT PROCESS, IF APPLICABLE, OR THE
CITY BUSINESS LICENSE PROCESS, AS DETERMINED BY THE
CITY IN ITS ABSOLUTE AND SOLE DISCRETION, SHALL RESULT
IN THE REJECTION OF HIS OR HER APPLICATION AND THE
GENERATION OF A NEW NOTICE OF VACANCY, IN
ACCORDANCE WITH PARAGRAPH (C)(1) ABOVE.
Section 3. Subsection 11-305 of the Code, concerning prohibited locations of
medical marijuana businesses, is hereby amended as follows:
Sec. 11-305.-Prohibited locations.
(a) Except as provided in subsection (g) of this section, no medical marijuana
establishment shall be located at a location that does not conform to the
requirements of this section.
(b) No medical marijuana center or medical marijuana-infused product
manufacturer shall be located within one thousand (1 ,000) feet of a
school, an alcohol or drug treatment facility, or the principal campus of a
college, university, or seminary, or a residential child care facility. NO
MEDICAL MARIJUANA CENTER SHALL BE LOCATED WITHIN ONE
THOUSAND (1 ,000) FEET OF AN IMPROVED CITY PARK OR THE
WHEAT RIDGE RECREATION CENTER. FOR PURPOSES OF THIS
SUBSECTION, IMPROVED CITY PARK DOES NOT MEAN OR
INCLUDE PROPERTIES HELD BY THE CITY AND/OR JEFFERSON
COUNTY FOR THE PURPOSES OF PASSIVE RECREATION,
INCLUDING BUT NOT LIMITED TO THE CLEAR CREEK GREENBELT.
+Afs THESE limitationS will be computed by direct AERIAL measurement
from the nearest property line of the land used for a school, treatment
facility, campus, 9f residential child care facility, IMPROVED CITY PARK
OR THE WHEAT RIDGE RECREATION CENTER to the nearest
PROPERTY LINE OF THE LAND ON portion of the building in which the
center or manufacturer is to be located, using the most direct route of
5
medical marijuana establishment under this section shall not be grounds
to suspend, revoke, or refuse to renew the license for such establishment
so long as the license for the establishment remains in effect.
Section 4. Section 11-306 of the Code, concerning signage requirements for
medical marijuana businesses, is hereby amended as follows:
Sec. 11-306. -Signage.
(a) All signage for a medical marijuana establishment shall comply with
the requirements of chapter 26 of this Code.
(b) No licensee shall display a sign for the medical marijuana
establishment that contains the word "marijuana," "cannabis," or any
other word or phrase commonly understood to refer to marijuana
unless such ~.vord or phrase is immediately preceded or follmved by the
word "medical." EXCEPT AS OTHERWISE PROVIDED HEREIN, IT
SHALL BE UNLAWFUL FOR ANY MEDICAL MARIJUANA
ESTABLISHMENT TO ENGAGE IN ADVERTISING THAT IS VISIBLE
TO MEMBERS OF THE PUBLIC FROM ANY STREET, SIDEWALK,
PARK OR OTHER PUBLIC PLACE , INCLUDING ADVERTISING
UTILIZING ANY OF THE FOLLOWING MEDIA: ANY BILLBOARD OR
OTHER OUTDOOR GENERAL ADVERTISING DEVICE ; ANY SIGN
MOUNTED ON A VEHICLE; ANY HAND-HELD OR OTHER
PORTABLE SIGN; OR ANY HANDBILL, LEAFLET OR FLIER
DIRECTLY HANDED TO ANY PERSON IN A PUBLIC PLACE , LEFT
UPON A MOTOR VEHICLE, OR POSTED UPON ANY PUBLIC OR
PRIVATE PROPERTY WITHOUT THE CONSENT OF THE
PROPERTY OWNER. THESE PROHIBITIONS SHALL NOT APPLY
TO ANY FIXED SIGN THAT IS LOCATED ON THE SAME LOT AS A
MEDICAL MARIJUANA ESTABLISHMENT AND THAT EXISTS
SOLELY FOR THE PURPOSE OF IDENTIFYING THE LOCATION OF
THE MEDICAL MARIJUANA ESTABLISHMENT AND OTHERWISE
COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF THIS
CODE.
(C) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE
IN ANY FORM OF SIGNAGE ANY CONTENT THAT SPECIFICALLY
TARGETS INDIVIDUALS UNDER THE AGE OF 21, INCLUDING BUT
NOT LIMITED TO CARTOON CHARACTERS OR SIMILAR IMAGES.
(D) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE
IN ANY FORM OF SIGNAGE ANY CONTENT THAT IS DECEPTIVE ,
FALSE , OR MISLEADING .
7
(E) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT DEPICTS THE LEAF OF THE MARIJUANA PLANT OR
AN IMAGE RESEMBLING THE SAME.
(F) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT CONTAINS A GREEN CROSS GRAPHIC IN EXCESS
OF TWO (2) FEET HIGH BY TWO (2) FEET WIDE.
Section 5. Section 11-406 of the Code , concerning application for a retail
marijuana business license , is hereby amended as follows:
Sec. 11-406.-Application for license.
(a) A person seeking to obtain a license pursuant to this division shall file
an application with the local licensing authority on a form provided by
the state , A SIGN APPLICATION and shall include all additional
information required by the Colorado Retail Marijuana Code . IF
PROPOSED SIGNAGE IS NOT AVAILABLE AT THE TIME OF
INITIAL APPLICATION , AN APPLICANT MAY FILE THE SIGN
APPLICATION AS SOON AS PRACTICAL. NO PERMANENT OR
TEMPORARY SIGNAGE MAY BE INSTALLED OR LOCATED ON
THE PROPERTY UNTIL APPROVED BY THE CITY . SEE SECTION
26-708.H.
(b) The local licensing authority is hereby authorized to request any
applicant to provide information that is in addition to the requirements
of the Colorado Medical Marijuana Code if it determines that such
information is reasonably necessary to complete the investigation and
review of the application .
Section 6. Section 11-408 of the Code , concerning the issuance of retail
marijuana business licenses , is hereby amended as follows :
Sec. 11-408.-Standards for approval of license, no hearing required;
MAXIMUM NUMBER OF LICENSES.
(a) The local licensing authority is authorized to administratively approve any
license under this article so long as the following conditions are met:
(1) The application (including any required attachments and submissions)
is complete and signed by the applicant;
(2) The applicant has paid the operating fee and any other fees required
by this Code ;
8
(3) The application does not contain a material falsehood or
misrepresentation;
( 4) The application complies with all of the requirements of this article and
the Colorado Retail Marijuana Code; aRd
(5) The licensing authority has received written approval from the city
police department as to the applicant's criminal background.,. ;
(6) The licensing authority has received written approval from the
community development department that the location and zoning
requirements imposed by this article and section 26-204 of the Code
have been met; AND
(7) THE PROPOSED LOCATION, IF APPROVED, WILL NOT EXCEED
THE MAXIMUM NUMBER OF LICENSED LOCATIONS PERMITTED
IN THE CITY.
a. THE MAXIMUM TOTAL NUMBER OF RETAIL MARIJUANA
STORES AND MEDICAL MARIJUANA CENTERS IN THE CITY
SHALL NOT EXCEED FIVE (5). FOR PURPOSES OF THIS
PARAGRAPH, A RETAIL MARIJUANA STORE AND A
MEDICAL MARIJUANA CENTER COLLOCATED IN
ACCORDANCE WITH SECTION 11-415(C) SHALL BE
COUNTED AS ONE (1) STORE/CENTER.
b. THE MAXIMUM TOTAL NUMBER OF RETAIL MARIJUANA
PRODUCTS MANUFACTURERS AND MEDICAL IN THE CITY
SHALL NOT EXCEED THREE (3). FOR PURPOSES OF THIS
PARAGRAPH, A RETAIL MARIJUANA PRODUCTS
MANUFACTURER AND A MEDICAL MARIJUANA-INFUSED
PRODUCT MANUFACTURER COLLOCATED IN
ACCORDANCE WITH SECTION 11-415(B) SHALL BE
COUNTED AS ONE (1) MANUFACTURER.
(b) The local licensing authority may, but is not required to hold a hearing as
permitted by C.R.S. § 12-43.4-412 prior to granting a retail marijuana
establishment license.
(c) The local licensing authority shall inform the state licensing authority of
approval of an application for a license.
(D) THE LOCAL LICENSING AUTHORITY SHALL ADMINISTER THE
MAXIMUM NUMBER OF LICENSED LOCATIONS AS FOLLOWS:
9
(1) WHEN A LICENSE BECOMES AVAILABLE WITHIN THE MAXIMUM
NUMBERS ESTABLISHED BY PARAGRAPH (A)(7) ABOVE , THE
CITY SHALL DECLARE THAT A VACANCY EXISTS AND PUBLISH
NOTICE OF THE VACANCY ON THE CITY 'S WEBSITE AND POST
SUCH NOTICE AT THE CITY'S OFFICIAL POSTING PLACES . THE
DETERMINATION AND DECLARATION OF A VACANCY SHALL BE
IN THE CITY'S SOLE AND ABSOLUTE DISCRETION. THE NOTICE
OF VACANCY SHALL PROVIDE THAT INTERESTED PARTIES
MUST FILE A LETTER OF INTENT WITH THE CITY WITHIN THIRTY
(30) DAYS OF THE DATE OF NOTICE.
(2) THE CITY SHALL ACCEPT LETTERS OF INTENT FROM
INTERESTED PARTIES FOR THIRTY (30) DAYS FROM THE DATE
OF THE NOTICE OF VACANCY. LETTERS OF INTENT MUST
INCLUDE , AT A MINIMUM , THE FOLLOWING INFORMATION:
A. THE TYPE OF MEDICAL MARIJUANA ESTABLISHMENT OR
RETAIL MARIJUANA ESTABLISHMENT PROPOSED . THE
PROPOSED ESTABLISHMENT MUST BE ONE ELIGIBLE TO
OBTAIN A CITY LICENSE PURSUANT TO ARTICLES XII
AND /OR XIII OF CHAPTER 11.
B. THE PROPOSED LOCATION OF THE ESTABLISHMENT.
C. WRITTEN PERMISSION OF THE OWNER OF THE PROPERTY ,
IF THE OWNER IS NOT THE INTERESTED PARTY , TO
CONDUCT THE PROPOSED ESTABLISHMENT AT THE
LOCATION.
(3) IF MORE THAN ONE (1) COMPLETE LETTER OF INTENT IS
TIMELY FILED , THE CITY SHALL SELECT ONE (1) LETTER TO
CONTINUE PROCESSING BY LOTTERY . ALL POTENTIAL
APPLICANTS IN THE LOTTERY SHALL BE NOTIFIED OF THE TIME
AND PLACE THAT LOTS SHALL BE DRAWN AND MAY ATTEND
AND OBSERVE THE PROCESS . IF THE CITY DOES NOT RECEIVE
ANY LETTERS OF INTENT WITHIN THE INITIAL THIRTY (30) DAY
RESPONSE PERIOD , THE CITY SHALL MAINTAIN THE NOTICE OF
VACANCY ON THE CITY'S WEBSITE . THE NOTICE OF VACANCY
SHALL BE AMENDED TO REFLECT THAT THE INITIAL RESPONSE
PERIOD HAS LAPSED AND THAT LETTERS OF INTENT WILL NOW
BE ACCEPTED AND PROCESSED BY THE CITY IN THE ORDER
RECEIVED . IF MORE THAN ONE LETTER OF INTENT IS
THEREAFTER RECEIVED BY CITY ON THE SAME DATE , THE
LOTTERY PROCESS SET FORTH ABOVE SHALL BE USED TO
SELECT ONE (1) LETTER TO CONTINUE PROCESSING .
10
(4) THE SOLE OR SELECTED APPLICANT MUST FILE A COMPLETE
LICENSE APPLICATION AS REQUIRED BY CHAPTER 11 AND A
COMPLETE SPECIAL USE PERMIT APPLICATION, IF REQUIRED
PURSUANT TO SECTION 26-204, WITHIN SIXTY (60) DAYS OF:
A. THE DATE THE APPLICANT IS SELECTED BY LOTIERY, IF SO
SELECTED;
B. THE EXPIRATION OF THE INITIAL THIRTY (30) DAY RESPONSE
PERIOD IF THE APPLICANT IS THE ONLY PARTY THAT HAS
FILED A TIMELY LETIER OF INTENT; OR
C. THE DATE OF THE APPLICANT'S LETIER OF INTENT IF
SUBMITIED AFTER THE INITIAL THIRTY (30) DAY RESPONSE
PERIOD.
(5) THE SOLE OR SELECTED APPLICANT MUST OBTAIN THE CITY
BUSINESS LICENSE REQUIRED BY CHAPTER 11 AND OBTAIN A
SPECIAL USE PERMIT, IF REQUIRED BY SECTION 26-204, WITHIN
ONE HUNDRED EIGHTY (180) DAYS OF THE APPLICABLE DATE
SET FORTH UNDER PARAGRAPH (D)(4) ABOVE.
(6) AN APPLICANT'S FAILURE TO MEET THE DEADLINES SET
FORTH UNDER THIS SUBSECTION (D) OR TO TIMELY FILE THE
MATERIALS AND INFORMATION NECESSARY TO COMPLY WITH
THE SPECIAL USE PERMIT PROCESS, IF APPLICABLE, OR THE
CITY BUSINESS LICENSE PROCESS, AS DETERMINED BY THE
CITY IN ITS ABSOLUTE AND SOLE DISCRETION, SHALL RESULT
IN THE REJECTION OF HIS OR HER APPLICATION AND THE
GENERATION OF A NEW NOTICE OF VACANCY, IN
ACCORDANCE WITH PARAGRAPH (D)(1) ABOVE.
Section 7. Section 11-416 of the Code, concerning prohibited locations of retail
marijuana businesses, is hereby amended as follows:
Sec. 11-416. -Prohibited locations.
(a) Except as provided in subsection (h) of this section, no retail marijuana
establishment shall be located at a location that does not conform to the
requirements of this section.
(b) No retail marijuana store or retail marijuana products manufacturer
shall be located within one thousand (1 ,000) feet of a school, an alcohol
or drug treatment facility, or the principal campus of a college, university,
or seminary, or a residential child care facility. NO RETAIL MARIJUANA
STORE SHALL BE LOCATED WITHIN ONE THOUSAND (1 ,000) FEET
11
OF AN IMPROVED CITY PARK OR THE WHEAT RIDGE RECREATION
CENTER. FOR PURPOSES OF THIS SUBSECTION, IMPROVED CITY
PARK DOES NOT MEAN OR INCLUDE PROPERTIES HELD BY THE
CITY AND/OR JEFFERSON COUNTY FOR THE PURPOSES OF
PASSIVE RECREATION, INCLUDING BUT NOT LIMITED TO THE
CLEAR CREEK GREENBELT. +ffis THESE limitationS will be computed
by direct AERIAL measurement from the nearest property line of the land
used for a school, alcohol or drug treatment facility, or the principal
campus of a college, university, or seminary, or a residential child care
facility, OR AN IMPROVED CITY PARK OR THE WHEAT RIDGE
RECREATION CENTER to the nearest portion of the building in
PROPERTY LINE OF THE LAND ON which the store or manufacturer is
to be located, using the most direst route of pedestrian access, as
determined by the community de\'elopment director.
(c) No retail marijuana store shall be located within three-quarters (:X) of a
mile of another retail marijuana store. This limitation will be measured
using a straight DIRECT AERIAL line from the perimeter of the parcel
where a proposed retail marijuana store will be located to the perimeter of
the parcel upon which the existing retail marijuana store is located. This
limitation shall apply to retail marijuana stores whether they ARE located
within or outside of the city limits.
(d) No retail marijuana store shall be located within three-quarters (:X) of a
mile of a medical marijuana center unless the retail marijuana store and
the medical marijuana center are operating a dual retail business as
described in section 11-415. This limitation will be measured using a
straight DIRECT AERIAL line from the perimeter of the parcel where a
proposed retail marijuana store will be located to the perimeter of the
parcel upon which the existing medical marijuana center is located. This
limitation shall apply to retail marijuana stores and medical marijuana
centers whether they are located within or outside of the city limits.
(e) No retail marijuana products manufacturer shall be located within one-
quarter('~) of a mile of another retail marijuana products manufacturer or
medical marijuana-infused product manufacturer unless the medical
marijuana-infused product manufacturer and retail marijuana products
manufacturer are operating as a dual manufacturing business as
described in section 11-415. This limitation will be measured using a
straight DIRECT AERIAL line from the perimeter of the parcel where a
proposed retail marijuana products manufacturer will be located to the
perimeter of the parcel upon which the existing retail marijuana products
manufacturer or medical marijuana-infused product manufacturer is
located .
12
(f) No person shall operate a retail marijuana cultivation facility within the city
unless the licensed premises of the person's retail marijuana cultivation
facility are contiguous with the licensed premises of the person's retail
marijuana store license and/or the person's retail marijuana products
manufacturing license. THE GROSS SQUARE FOOTAGE OF A RETAIL
MARIJUANA CULTIVATION FACILITY MAY NOT EXCEED FIVE
THOUSAND (5,000) SQUARE FEET ON THE LICENSED PREMISE.
SEE, SECTION 26-204.
(g) Each retail marijuana establishment shall be operated from a permanent
location. No retail marijuana establishment shall be licensed to operate
from a moveable, mobile, or transitory location.
(h) The suitability of a location for a retail marijuana establishment shall be
determined at the time of the issuance of the first license for such
establishment.. The fact that changes in the neighborhood that occur after
the issuance of the first license might render the site unsuitable for a retail
marijuana establishment under this section shall not be grounds to
suspend, revoke or refuse to renew the license for such establishment so
long as the license for the establishment remains in effect.
Section 8. Section 11-417 of the Code, concerning signage requirements for
retail marijuana businesses, is hereby amended as follows:
Sec. 11-417.-Signage.
(A) All signage for a retail marijuana establishment shall comply with the
requirements of Chapter 26 of this Code and the Colorado Retail
Marijuana Code.
(B) EXCEPT AS OTHERWISE PROVIDED HEREIN, IT SHALL BE
UNLAWFUL FOR ANY RETAIL MARIJUANA ESTABLISHMENT TO
ENGAGE IN ADVERTISING THAT IS VISIBLE TO MEMBERS OF
THE PUBLIC FROM ANY STREET, SIDEWALK, PARK OR OTHER
PUBLIC PLACE, INCLUDING ADVERTISING UTILIZING ANY OF
THE FOLLOWING MEDIA: ANY BILLBOARD OR OTHER OUTDOOR
GENERAL ADVERTISING DEVICE; ANY SIGN MOUNTED ON A
VEHICLE; ANY HAND-HELD OR OTHER PORTABLE SIGN; OR ANY
HANDBILL, LEAFLET OR FLIER DIRECTLY HANDED TO ANY
PERSON IN A PUBLIC PLACE, LEFT UPON A MOTOR VEHICLE,
OR POSTED UPON ANY PUBLIC OR PRIVATE PROPERTY
WITHOUT THE CONSENT OF THE PROPERTY OWNER. THESE
PROHIBITIONS SHALL NOT APPLY TO ANY FIXED SIGN THAT IS
LOCATED ON THE SAME LOT AS A RETAIL MARIJUANA
ESTABLISHMENT AND THAT EXISTS SOLELY FOR THE PURPOSE
OF IDENTIFYING THE LOCATION OF THE RETAIL MARIJUANA
13
ESTABLISHMENT AND OTHERWISE COMPLIES WITH ALL
APPLICABLE REQUIREMENTS OF THIS CODE.
(C) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE IN
ANY FORM OF SIGNAGE ANY CONTENT THAT SPECIFICALLY
TARGETS INDIVIDUALS UNDER THE AGE OF 21, INCLUDING BUT
NOT LIMITED TO CARTOON CHARACTERS OR SIMILAR IMAGES.
(D) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE IN
ANY FORM OF SIGNAGE ANY CONTENT THAT IS DECEPTIVE,
FALSE, OR MISLEADING.
(E) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT DEPICTS THE LEAF OF THE MARIJUANA PLANT OR
AN IMAGE RESEMBLING THE SAME.
(F) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT CONTAINS A GREEN CROSS GRAPHIC IN EXCESS
OF TWO (2) FEET HIGH BY TWO (2) FEET WIDE.
Section 9. Section 26 -204 of the Code , concerning the zone district use
schedule , is hereby amended by amending the following portions of the Table of Uses -
Commercial and Industrial Districts as follows:
Table of Uses-Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 IE
Medical marijuana SUPS NOT P.S p
centers TRANSFER
ABLE
WITHOUT
CITY
APPROVAL
. SEE § 26-
114.G.2 .
Medical Marijuana -5,000
Optional premises SQUARE P.S p
cultivation operation FEET
ASSOCIATED WITH MAXIMUM ;
MEDICAL SEE § 11-
MARIJUANA 305(E)
CENTERS
MEDICAL 5,000 p
MARIJUANA -SQUARE
OPTIONAL FEET
PREMISES MAXIMUM;
14
CULTIVATION SEE § 11-
OPERATION 305(E)
ASSOCIATED WITH
MEDICAL
MARIJUANA
INFUSED
PRODUCTS
MANUFACTURERS
Retail marijuana 5,000 PS p
cultivation facility SQUARE
ASSOCIATED WITH FEET
RETAIL MARIJUANA MAXIMUM;
CENTERS SEE § 11-
416(F)
RETAIL MARIJUANA 5,000 p
CULTIVATION SQUARE
FACILITY FEET
ASSOCIATED WITH MAXIMUM;
RETAIL MARIJUANA SEE § 11-
PRODUCT 416(F)
MANUFACTURERS
Retail marijuana SUPS NOT PS p
stores TRANSFER
ABLE
WITHOUT
CITY
APPROVAL
. SEE § 26-
114.G.2.
Section 10. Subsection 26-114.G . of the Code , concerning the term of special
uses , is hereby amended as follows:
G. Term.
1. A special use permit is valid so long as the conditions of approval are
maintained by the applicant , unless a specific time limit for the use or
development is set forth as part of the permit approval by the
community development director or city council. EXCEPT AS
OTHERWISE PROVIDED HEREIN , If an approved special use ceases
operation for any reason for a period of one (1) year, the special use
permit shall be deemed expired , unless otherwise provided in the
permit itself. IF AN APPROVED SPECIAL USE FOR A MEDICAL
MARIJUANA CENTER , RETAIL MARIJUANA STORE OR
COLLOCATED CENTER AND STORE CEASES OPERATION FOR
15
ANY REASON FOR A PERIOD OF SIX (6) MONTHS , THE SPECIAL
USE PERMIT SHALL BE DEEMED EXPIRED , UNLESS OTHERWISE
PROVIDED IN THE PERMIT ITSELF .
2. If the conditions of a special use permit become the responsibility of a
person or entity other than the applicant , the community development
department shall be notified in writing , identifying the new person or
entity responsible for maintaining the condit ions of the permit. Until
such notice is received , the applicant shall remain responsible for
maintaining those conditions. The notice shall be attached to the
permit on file with the community development department. A
SPECIAL USE PERMIT FOR A MEDICAL MARIJUANA CENTER , A
RETAIL MARIJUANA STORE OR A CO!:-LOCATED CENTER AND
STORE MAY BE TRANSFERRED TO A PERSON OR ENTITY
OTHER THAN THE ORIGINAL APPLICANT ONLY UPON THE
REVIEW AND APPROVAL OF THE COMMUNITY DEVELOPMENT
DIRECTOR. IT SHALL BE THE BURDEN OF THE PROPOSED NEW
PERMIT HOLDER TO DEMONSTRATE THAT ITS CONTINUATION
OF THE SPECIAL USE SHALL MEET THE SPECIAL USE REVIEW
CRITERIA SET FORTH IN SECTION 26-114 .D.
Section 11. Section 26-708 of the Code , concerning miscellaneous sign code
provisions , is hereby amended by the addition of a new subsection H, to read in its
entirety as follows:
H. Signs for marijuana-related businesses . No permanent or
temporary sign associated with a marijuana-related business
licensed pursuant to Articles XII and/or XIII of Chapter 11 may be
installed or located until reviewed and approved by the City . See ,
Sections 11-296 , 11-306 , 11-406 and 11-417
Section 12. Subsection 5-78(b) of the Code , concerning local amendments to
the 2012 International Mechanical Code , is hereby amended by amending the following
amendment set forth thereunder, as follows:
502 .20 Marijuana related occupancies . Add the following section :
502.20 Marijuana related occupancies. Occupancies involved
in the sale, transfer, packaging , processing , cultivation ,
production , extraction or destruction of plants and their parts ,
devices designed for the use of marijuana and marijuana
products , products containing marijuana and hash oil , hash oil
or other marijuana related operations and activities shall provide
an approved source capture system capable of removing
particulate and odors as required to achieve levels that do not
constitute as nuisance to adjacent occupants , structures and
16
properties. For the purpose of application of requirements of this
code, occupancies involved in the water-based AND
NONCOMBUSTIBLE SOLVENT-BASED extraction of hash oil
shall be considered to be hazardous occupancies and shall be
subject to the requirements for such occupancies as set forth in
this code. ALL OTHER Occupancies involved in the solvent
based extraction of hash oil are not permitted.
Section 13. 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 14. Effective Date. This Ordinance shall take effect upon adoption
and signature of the Mayor, 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 , 2015, 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 , 2015, at 7:00 p.m., in the Council
Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of_ to_, this day of , 2015.
SIGNED by the Mayor on this __ day of _____ , 2015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
17
First Publication :
Second Publication:
Wheat Ridge Transcript
Effective Date :
18
~~·~ .. .,. City of
.. ~Wheat&_dge ~OFFICE OF THE CnY MANAGER
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor and City Council
Patrick Goff, City Manager
Gerald Dahl , City Attorney
Cannen Beery, City Attorney 's Office
November 24, 2014
Draft Ordinance Amending Marijuana Business Regulations
At your December 1 51 study session, you will review the draft ordinance prepared by staff in
response to direction pre viously given by Council in regards to marijuana business regulations .
This memorandum provides an executive summary of the ordinance and some additional
information and staff recommendations.
Section 1: The amendment to Code Section 11-296 requires applicants for medical marijuana
business licenses to file a sign application together with the general business license application.
Recognizing that signage may be one of the later details determined by a new business , the
added language also authorizes an applicant to provide the sign application as soon as practical ,
if not immediately available. The intent of this regulation is to confirm that proposed signage
and advertising is consistent with local and state regulations , in particular for sign types that
would not otherwise require a building permit. Section 4 below addresses applicable sign
regulations.
Section 2: Amendments to Code Section 11-298 address the following policy goals:
• Establish a cap of five (5) total "store fronts " (retail marijuana stores , medical marijuana
centers and co-located retail establishments). This is consistent with the current number
of existing stores.
• Establish a cap of three (3) total manufacturing facilities (retail , medical and co-located).
This is consistent with the current number of existing and pending facilities .
• Establish a process under which applications received on the same date will be processed
when only one (1) license of the type sought is available. Staff believes a "first in time"
rule is clear and fair , as is a random drawing of lots to prioritize applications received on
the same date.
Section 3: Amendments to Code Sec. 11-305 address several policy goals:
Attachment 2
• A one thousand ( 1 ,000) foot separation requirement is added for medical man Juana
centers from improved City parks and the Wheat Ridge Recreation Center. These types
of public facilities are frequented by children.
• Staff recommends amending the method of distance measurement for all separation
requirements to be the same. Tracking and applying the various methods of measurement
that currently exist under the Code has proved to be burdensome. Staff further
recommends that the measurement used be a direct aerial measurement ("as the crow
flies"), from property line to property line, instead of the "direct pedestrian route"
measurement from property line to building. Staff believes the direct aerial method is
both easier to apply and understand.
• Cultivation activities associated with medical marijuana centers are limited to five
thousand (5 ,000) square feet. Cross-reference added to same amendment made to zoning
use chart, Section 26-204 of the Code.
• Language was added to allow an existing non-conforming licensed premises to co-locate
(add the same type of retail license or the same type of medical license, depending on
whether retail or medical was first-obtained) without regard to separation requirements .
Section 4: Amendments to Code Section 11-306 accomplish the following policy goals:
• Incorporate into the City Code certain portions of the state regulations concerning
signage. The state regulations address both signage and advertising in the general sense.
For example, state regulations prohibit pop-up advertising on the internet. This draft
ordinance includes the state regulations that address signage in some manner. The
entirety of the state's regulations concerning advertising is provided for your reference .
• Prohibit signs that depict images resembling a marijuana leaf.
• Restrict the size of the green cross graphic to an area oftwo feet by two feet
Section 5: Amendments to Code Sec. 11-406 mirror the amendments made to Section 11-296 to
address the same policy goals (See Section 1 above).
Section 6. Amendments to Code Sec. 11-408 mirror the amendments made to Section 11-298 to
address the same policy goals (See Section 2 above).
Section 7. Amendments to Code Sec. 11-415 provide that an existing legal non-confonning
business may co-locate at its existing location . This is consistent with the change noted by the
last bullet point under Section 3 above. These amendments reflect the policy direction that
existing facilities of a certain type (e.g., manufacturing) should be permitted to expand their
operations to include both retail and medical marijuana, if they have not done so already, through
a simple administrative approval process.
Section 8: Amendments to Code Section 11-416 address the same goals addressed by the
amendments to Code Section 11-305 in regards to distance requirements , how distance is
measured , limiting cultivation activities to five thousand (5 ,000) square feet and allowing
existing non-conforming licenses to co-locate (see Section 3 above).
Section 9: Amendments to Code Section 11-417 mirror the amendments made to Section 11-306
for the same policy goals concerning signage (See Section 5 above).
Section 10: Amendments to the zone district use chart under Section 26-204 of the Code address
the following policy goals :
• Medical marijuana centers and retail marijuana stores are designated as special uses in
the C-1 zone district (currently permitted uses).
• Cultivation activities (both medical and retail) are limited to 5,000 square feet ; cross-
reference to Chapter 11 provided.
• Cross-reference provided to Section 26-114.0. (addressed under Section 11 below),
noting that special use permits for centers and stores may transfer only upon City
approval.
Section 11: The amendment to Subsection 26-114 .0. of the Code addresses the following policy
goals:
• Amends the term of expiration of a special use permit for a medical marijuana center,
retail marijuana store , or co-located sales facility from one (1) year -the term generally
applicable to special uses -to six ( 6) months.
• Requires administrative review and approval of proposed transfers of special use permits
for retail marijuana stores and medical marijuana centers.
Section 12: This section cleans up a provision in the recent building code amendments that were
adopted to address marijuana-related occupancies. As you recall , several amendments were
made to the International Codes to permit water-based and noncombustible-solvent based
extraction of hash oil (subject to H occupancy regulations) and to prohibit combustible-solvent
based extraction . One section of the International Mechanical Code was not amended on second
reading to be consistent with those amendments. This Ordinance section therefore makes that
change to render all International Codes consistent on this topic.
Additional comments:
Staff evaluated these additional policy directives and determined that Code amendments were
not desirable or necessary as follows:
1. Establish additional packaging restrictions for marijuana infused products sold at medical
marijuana centers and retail marijuana stores.
• The state has adopted extensive packaging regulations and continues to amend and refine
those packaging regulations. A copy of current packaging regulations is attached for your
reference. Staff believes that these regulations are more extensive and technical than can
effectively be enforced by current City staff. Additionally, these regulations are likely to
continue to be amended; adding them to the City Code could necessitate a series of future
ordinances to keep pace with current state requirements.
2. Make all current medical marijuana centers and retail marijuana stores legal nonconfonning
special uses .
• Jfthe Council adopts an ordinance that designates centers and stores as special uses in certain
zone districts, existing stores and centers in such zone districts may continue to operate and
shall constitute legal non-conforming uses under current Code language. Such businesses
could continue to operate as-is ; expansion , addition or site modification would require a
special use review. Existing Code Section 26-114.H . provides:
"Nonconforming special us es. Notwithstanding the provisions of section 26-120 , any special
use which is nonconforming to the provisions of this section by way of not having received
approval of a special use permit under prior rules and procedures shall be allowed to
continue . Any expansion, addition , or site modification shall require a special use review. All
other provisions of section 26-120 shall apply ."
3. Establish one City license that authorizes both retail and medical manufacturing activity.
• The state continues to require s eparate licensure of retail marijuana products
manufacturers and medical marijuana-infused product manufacturers . While the
regulatory schemes are very similar, the industry is accustomed to obtaining separate
licenses for these separate activities (at least , for now) and staff does not think obtaining
separate City business licenses is a surprising or burdensome requirement.
• If the policy goal is to provide a simple administrative process to allow an established
premises to add either medical or retail marijuana to its existing operations , staff believes
that goal is met through :
o Colocation of facilities is pennitted under Code Sec. 11-415 ; language is
proposed in this ordinance to make clear that colocation may occur even when the
original location is now legal nonconfonning.
o Language is proposed under Code Sec. 11-305 and 11-416 to provide that
separation requirements would not prohibit an existing legal nonconforming
business from co locating a business of the same type of activity.
ATTACHMENTS
1. Draft Ordinance
2. State Marijuana Packaging Rules
3. State Marijuana Advertising Rules
Council Action Form -Marijuana Collocation Provisions
January 12 ,2015
Page2
if an existing medical marijuana store is located less than 1 ,000 feet from a City park because it
was located prior to the establishment of that distance requirement, under current Code language,
that medical marijuana store may not add retail marijuana to its inventory and sell both types of
marijuana. This ordinance would permit such a medical marijuana store to add and sell retail
marijuana. As with any nonconforming use , if this example medical marijuana store wanted to
expand its building in order to add retail marijuana to its inventory, such an alteration of the
nonconforming use would not be permitted . Nonconforming uses , including marijuana
businesses , may not generally alter or expand without coming into compliance with all Code
requirements. The collocation permitted by this ordinance therefore allows the collocation of
nonconforming marijuana businesses only to the extent that such collocation does not involve
expansion of the business or modification of the site.
PRIOR ACTION:
The substance of this ordinance was reviewed by the Council on December 1, 2014 , as a part of a
larger ordinance concerning marijuana regulation. At that time , the Council directed staff to
separate the collocation provisions into a separate ordinance. This ordinance is the result of that
direction.
FINANCIAL IMPACT:
The projected financial impact is minimal. Allowing businesses to collocate only within the
confines of their existing facilities is unlikely to generate significant revenue changes.
BACKGROUND:
In 2011 and 2013 , respectively, the City Council adopted local regulations governing medical
marijuana businesses and retail marijuana businesses. Each set of regulations requires such
businesses to obtain a local license to operate, in addition to the state license required by state
law , and imposes limitations on where such businesses may locate within the City.
As a result of recent interest in locating marijuana-related businesses in pennissible locations ,
City residents expressed concern over the appropriateness of the current location restrictions. In
response to those concerns , the City Council adopted a temporary moratorium on marijuana-
related businesses in August of 2014. The moratorium was imposed to allow the Council time to
review and evaluate the City 's existing marijuana regulations generally. Council reviewed
existing regulations in regard to the appropriateness of the location of marijuana-related
businesses and their compatibility with adjacent land uses and potential impacts on neighbors. It
also evaluated the public health , safety and welfare impacts of such businesses in regard to
potential exposure to minors.
On December 1, 2014, the Council reviewed a draft ordinance amending the City's marijuana
regulations. As a result of that discussion , this ordinance -concerning the permissible
collocation oflegal nonconforming marijuana businesses -was prepared. The substance of this
ordinance was originally a part of a larger ordinance making more extensive amendments to the
City's marijuana regulations .
Council Action Form -Marijuana Collocation Provisions
January 12,2015
Page 3
OPTIONS FOR COUNCIL ACTION:
I. Approve the ordinance as presented on first reading
2. Approve the ordinance on first reading with amendment(s)
3. Postpone consideration of the ordinance indefinitely
RECOMMENDED MOTIONS:
"I move to approve Council Bill No . 03-2015 on first reading, order it published , public hearing
set for Monday, January 26 ,2015 , at 7:00p.m. in City Council Chambers, and that it take effect
fifteen (15) days after final publication."
Or,
"I move to postpone indefinitel y Council Bill No.03-2015 for the following reason(s)
"
REPORT PREPARED BY;
Carmen Beery, City Attorney 's Office
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No . 03-2015
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. OJ
Ordinance No. ___ _
Series 2015
TITLE: AN ORDINANCE AMENDING SECTIONS 11-305, 11-415 AND 11-416 OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING THE
COLLOCATION OF MEDICAL MARIJUANA ESTABLISHMENTS AND
RETAIL MARIJUANA ESTABLISHMENTS
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality
operating under a charter adopted pursuant to Article XX of the Colorado Constitution
and vested with the authority by that article and the Colorado Revised Statutes to adopt
ordinances for the regulation of land use and the protection of the public health, safety
and welfare; and
WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the
Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12,
C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations
governing medical marijuana establishments; and
WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the
Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12,
C.R.S., the Council previously adopted local regulations governing retail marijuana
establishments; and
WHEREAS, by City of Wheat Ridge Ordinance No. 1554, on August 18, 2014,
the Council adopted a temporary moratorium on certain City approvals necessary to
establish and operate marijuana establishments in the City for the purposes of
permitting the Council to study and evaluate existing local regulations; and
WHEREAS, by City of Wheat Ridge Ordinance No. 1560, on October 27, 2014,
the Council adopted an additional temporary moratorium on such approvals in order to
permit the Council adequate time to carefully study the many issues implicated by the
regulation of marijuana-related businesses; and
WHEREAS, the Council has completed its study of such issues and now desires
to amend certain provisions of Chapter 11 of the Wheat Ridge Municipal Code ("Code")
to permit non-conforming marijuana establishments to collocate, as further set forth
herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Subsection 11-305(g) of the Code, concerning prohibited locations of
medical marijuana businesses, is hereby amended as follows:
(g) The suitability of a location for a medical marijuana establishment shall be
determined at the time of the issuance of the first license for such
establishment OR OF THE LICENSE FOR THE RETAIL
ESTABLISHMENT WITH WHICH COLLOCATION IS PROPOSED
PURSUANT TO SECTION 11-415 . The fact that changes in the
neighborhood that occur after the issuance of the fu:st ORIGINAL license
might render the site unsuitable for a medical marijuana establishment
under this section shall not be grounds to suspend, revoke, or refuse to
renew the license for such establishment OR TO REFUSE TO APPROVE
A PROPOSED COLLOCATION so long as the ORIGINAL license f.or the
establishment remains in effect.
Section 2. Section 11-415 of the Code, concerning collocation of marijuana
establishments, is hereby amended as follows:
Sec. 11-415. -Collocation of operations.
A medical marijuana establishment may share its existing licensed
premises with a retail marijuana establishment as follows:
(a) An optional premises cultivation operation and a retail
marijuana cultivation facility may share their licensed premises in order to
operate a dual cultivation business operation.
(b) A medical marijuana-infused product manufacturer may apply to
hold a retail marijuana product manufacturing facility license and operate a
dual manufacturing business at a shared licensed premises .
(c) A medical marijuana center may hold a retail marijuana store
license and operate a dual retail business at a shared licensed premises.
(D) NOTWITHSTANDING ANY PROVISION OF CHAPTER 26 OF
THIS CODE TO THE CONTRARY INCLUDING BUT NOT LIMITED TO
SECTIONS 26-114 AND 26-120, A LEGAL NON-CONFORMING
ESTABLISHMENT MAY ADD A COLLOCATED ESTABLISHMENT AT
ITS EXISTING LOCATION AS AUTHORIZED BY THIS SECTION.
Section 3. Subsection 11-416(h) of the Code, concerning prohibited locations of
retail marijuana businesses, is hereby amended as follows:
(h) The suitability of a location for a retail marijuana establishment shall be
determined at the time of the issuance of the first license for such
establishment OR OF THE LICENSE FOR THE MEDICAL
ESTABLISHMENT WITH WHICH COLLOCATION IS PROPOSED
PURSUANT TO SECTION 11-415.. The fact that changes in the
neighborhood that occur after the issuance of the .fifst ORIGINAL license
might render the site unsuitable for a retail marijuana establishment under
this section shall not be grounds to suspend, revoke or refuse to renew
the license for such establishment OR TO REFUSE TO APPROVE A
PROPOSED COLLOCATION so long as the ORIGINAL license for the
establishment remains in effect.
Section 4. 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 5. Effective Date. This Ordinance shall take effect upon adoption
and signature of the Mayor, 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 , 2015, 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 , 2015, at 7:00 p.m., in the Council
Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to _, this day of , 2015.
SIGNED by the Mayor on this __ day of _____ , 2015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication :
Wheat Ridge Transcript
Effective Date:
Council Action Form -Animal Welfare and Control Commission
January 12 , 2 015
Page 2
Or,
"I move to not direct the City Attorney to draft an ordinance to sunset the Animal
Welfare and Control Commission for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager
Council Action Form -Electric Fences
January 12, 2015
Page2
RECOMMENDED MOTION:
"I move to direct the City Attorney to draft an ordinance to amend the City Code to allow
the use of electric security fences on commercial property."
Or,
"I move to not direct the City Attorney to draft an ordinance to amend the City Code to
allow the use of electric security fences on commercial property for the following
reason( s) "
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager