HomeMy WebLinkAbout05/15/2008
CI{y Of
]~qrWheat~idge
PLANNING COMMISSION
AGENDA
May 15, 2008
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on May 15, 2008, at 7:00 p.m., in the City Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City
of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in
advance of a meeting if you are interested in participating and need inclusion assistance.
1. CALL THE MEETING TO ORDER
ROLL CALL OF MEMBERS
PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be
recommended for placement on the agenda.)
5. APPROVAL OF MINUTES - May 1, 2008
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda. Public comments may be limited to 3 minutes.)
PUBLIC HEARING
A. Case No. WPA-08-01: A resolution adopting the Neighborhood Revitalization
Strategy as an addendum to the City of Wheat Ridge Comprehensive Plan.
8. TRAINING VIDEO: Preventing Public Officials' Liabiliry
9. OTHER ITEMS
10. ADJOURNMENT
City of
~ Wheat R~idge
PLANNING COMMISSION
Minutes of Meeting
May 5, 2008
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair BRINKMAN at 7:00 p.m. in the City
Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat
Ridge, Colorado.
2.
3.
4.
5.
ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent:
Staff Members Present:
PLEDGE OF ALLEGIANCE
APPROVE ORDER OF THE AGENDA
ICen Johnstone, Cominunity
Development Directar
Ann Lazzeri, Recording Secretary
It was moved by Commissioner MATTHEWS and seconded by
Commissioner STEWART to amend the order of the agenda by removing
Item No. 8- Study Session. The motion passed unanimously.
APPROVAL OF MINUTES - March 20, 2008
It was moved by Commissioner MATTHEWS and seconded by
Commissioner STEWART to approve the minutes of March 20, 2008 as
presented. The motion passed 3-0 with Commissioners DWYER and
SCEZNEY abstaining.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
Planning Commission Minutes 1 May l, 2008
Anne Brinkman
John Dwyer
Dick 1VIatthews
Jerry Scezney
Kim Stewart
Jim Chilvers
Davis Reinhart
Steve Timms
Jerry DiTullio
3250 Newland Street
Mayor DiTullio expressed appreciation to those serving on the Planning
Commission and presented the following updates:
• WRURA has purchased property at 44`l' and Wadsworth with the goal of
redevelopment. The property was sold by willing sellers and no residential
property was involved.
• One of the property owners who sold property to WRURA, Vern Vohoska,
gave $100,000 of their proceeds to the city to be used toward construction of a
new library. Discussions will be held with the Library Board concerning
construction of a library at 44°i and Wadsworth as an anchor for the area.
PUBLIC HEARING
A. Case No. ZOA-08-02: An ardinance concerning the permitted locations
of bail bonds businesses and, in connection therewith, amending certain
sections of Chapter 26 of the Wheat Ridge Code of Laws.
The case was presented by Ken Johnstone. The proposed ordinance would make
three principle changes to Chapter 26 ofthe Code:
1) Define bail bonds businesses as businesses whose primary purpose is to act as
surety to secure the presence of an accused person at a court proceeding in a
criminal matter.
2) Allow bail bonds businesses as a permitted use in C-2 and I zoning districts
subject to certain separation requirements. Allow bail bonds businesses as a
permitted use in Planned Industrial Districts if specifically reviewed and
approved through City Council approval of an Outline Development Plan.
3) Prohibit bail bonds businesses from locating with 100 feet of a property line
common with property zoned residentially or zoned A-1 or A-2, but used
residentially.
In response to a question from Coinmissioner SZECNEY, Mr. Johnstone stated
that there is only one bail bond business in Wheat Ridge.
Commissioner DWYER asked if the existing bail bonds business has generated
any complaints to the city. Mr. Johnstone replied that he was not aware of any
official complaints. There is anecdotal evidence of increased police response
calls.
Commissioner DWYER commented that there are other businesses with the same
hours of operation and also generate some police calls. He expressed concern thal
Planning Commission Minutes 2 May I, 2008
the ordinance could be perceived as unfair treatment to bail bonds businesses. He
stated that he was uneasy about placing restrictions on viable businesses.
Commissioner STEWART asked if the existing bail bonds business would meet
the new requirements. Mr. Johnstone replied that the ordinance would cause the
business to become legally nonconforming.
It was moved by Commissioner MATTHEWS and seconded by
Commissioner STEWART to recommend approval of the proposed
ordinance concerning the permitted locations of bail bonds businesses and, in
connection therewith, amending certain sections of Chapter 26 of the Code of
Laws.
Commissioner SZECNEY offered a friendly amendment to add Item "C"
under Section 4 of the ordinance to state No persoiz shall locate, cause to
locate or permit to be located, a bail bonds business witl2iii si.x hundred feet of
the property line of any lot, tract or parcel of lttnd within tlie city which is
considered a public park or school.
The friendly amendment was accepted by Commissioners MATTHEWS and
STEWART.
The motion passed 4=1 with Commissioner DWYER voting no and
Commissioners CHILVERS, REINHART and TIMMS absent.
8. OTHER ITEMS
Ken Johnstone welcomed John Dwyer to the Planning Commission. Mr. Dwyer
represents District 4.
9. ADJOURNMENT
It was moved by Commissioner MATTHEWS and seconded by
Commissioner STEWART to adjourn the meeting at 7:40 p.m. The motion
passed unanimously.
Anne Brinkman, Chair Ann Lazzeri, Recording Secretary
Planning Commission Minutes 3 May 1, 2008
oF WHEqT
; 9o PLANNING COMMISSION
LEGISLATIVE TTEM STAFF REPORT
c~ORP00
MEETING DATE: May 15, 2008
TITLE: Neighborhood Revitalization Strategy
CASE NO. WPA 08-01
M PUBLIC HEARING ❑ CODE CHANGE ORDINANCE
Z RESOLUTION ❑ STUDY SESSION ITEM
Case Manager: Sally Payne, Senior Plamler
Date of Preparation: May 5, 2008
BACKGROUND:
The City contracted with Winston Associates in late-2004 to develop a neighborhood revitalization
strategy for the City of Wheat Ridge. That process culminated in the development of a document
entitled "Repositioning Wheat Ridge: Neighborhood Revitalization Strategy" (NRS). On July 25,
2005, after a variety of public outreach events that were used to help develop the document, City
Council adopted Resolution No. 36, Series 2005, which accepted the findings and
recommendations of that document as guiding principles for revitalizing the City. City Council's
acceptance of the findings of the NRS was indeed a bold decision, to the extent that the NRS is in
many ways not flattering in its assessment of the current state of the City and it is very aggressive
in its recommendations as to what changes the City needs to consider in order to achieve the goals
of the document
An issues of concern is that the NRS is not consistent with the current Comprehensive Plan. There
are inconsistencies between the two documents that provide conflicting direction to City staf£ To
address this, staff has proposed adopting the NRS as an amendment to the Comprehensive Plan.
The idea of adopting the NRS has been discussed with both Planning Commission and City
Council.
SUMMARY OF THE NRS:
There was extensive outreach during preparation of the NRS. Approximately 30 community meetings
were held to obtain input from citizens. Many suggestions by citizens were incorporated into the
strategies of the NRS. As a result, there was strong public support for the NRS and its
recommendations.
There is a great amount of useful analysis, findings and recommendations in the NRS. The document
is organized into three parts A) introduction and overview; B) findings on key indicators; and C)
contains the implementation recommendations broken into 3 parts: 1) The Plan; 2) The Tools; and 3)
The Activities.
Early in the document, the overall approach to revitalization is characterized in a simplified 3-pronged
approach:
L Fix Some Things
2. Make Some Things Great
3. Keep What is Good
That siinplified approach is further broken down in Section C) of the NRS, which is what this
summary will focus on.
The Plan: The overall goal of the NRS is to "reposition Wheat Ridge in the marketplace".
The report identified 6 general categories of activities that are needed to improve
the image of Wheat Ridge.
1. Address visually unattractive/eyesore areas
2. Create recognizable "Gateways" to Wheat Ridge
3. Increase the visibility of open space in Wheat Ridge
4. Promote/improve Wheat Ridge's rural qualities
5. Promote/improve Wheat Ridge's historic qualities
6. Market Wheat Ridge as a Community of Choice
The Plan also emphasizes 4 targeted redevelopinent areas:
1. Redevelopment of the Wadsworth Corridor
2. Accelerate and shape the development of 381h Avenue
3. Development of 44`h Avenue into an Orchard District
4. Development of a Town Center
The Tools: Seveu "tools" are identified as being needed to be able to implement the
recommendations of The Plan.
1. Subarea Plaruiing for portions of Wheat Rid¢e. Subarea plans lay the
framework for defined geographic areas within the City. They facilitate
redevelopment efforts and give mare predictability to implementation
efforts such as rezoning applications or the development of overlay zones.
Subarea plans have recently been completed for the Northwest Subarea,
portions of 44`h Avenue ("Fruitdale") and the Wadsworth Comdor.
2. The Ci ,'s Comprehensive Plan. The report indicates that the City's
Comprehensive Plan is out of date and needs to be updated. A specific
issue identified to be addressed in that update process is the location of a
town center.
3. An updated set of Zonine Codes and Land Use recommendations. The NRS
recommends an update to the City's development regulations to allow for
developinent patterns that strong households desire: pedestrian friendly;
mixed use, higher density, upscale shops and architectural quality.
4. The work of budgeting and capital investments. Every effort should be
made to prioritize capital improvement investments in the areas targeted for
redevelopment in the Plan.
5. Economic Development The economic development challenges that the
NRS recommends be addressed include the following:
a. Increase aggregate buying power by growing either (or both) the
number of households or the disposable income of Wheat Ridge
households.
b. Improve the aesthetics of existing commercial real estate and
upgrade facilities in terms of ease of access and the quality of the
shopping environment
c. Create a regulatory environment and business culture of a sort that
makes businesses want to take iisks
6. Urban Renewal and Eminent Domain. The report acknowledges that urban
renewal and eminent domain are tools that may be needed to facilitate some
of the recommended redevelopment goals; though they should be used with
caution and fairness.
Transportation Planning. The NRS notes that the transportation system is
integral in defining the community's image. Wadsworth Boulevard and the
proposed transit station were identified as areas where the City has
opportunities to create an enhanced image through coordinated
transportation and land use planning efforts.
The Activities: The NRS identifies three central recommendations in this section:
1. All nine of the following strategies must be implemented (see below).
2. Wheat Ridge must overhaul how the City and residents manage change.
3. Wheat Ridge must create a public, nonprofit corporation capable of
facilitating and encouraging appropriate developinent in Wheat Ridge.
The Strateeies
1. Develop new market rate housing at key locations throughout the City.
2. Acquire, upgrade and sell out-of-date housing stocks throughout the City.
3. Improve existing multi-family rental property throughout the City.
4. Redevelop Wadsworth Comdor.
5. Develop West 44`h Avenue into an Orchard District.
6. Accelerate and shape the development of 38tl' Avenue.
7. Develop a Town Center.
8. Continue the development of Wheat Ridge Open Space.
9. Develop signage and enhance gateways and improve the City's general
appearance (beautification).
STATEMENT OF THE ISSUES:
The findings of the NRS were adopted by City Council on July 25, 2005. Resolution No. 36 resolves
"that the Wheat Ridge City Council does hereby accept the Neighborhood Revitalization Strategy
report, Repositioning Wheat Ridge, and establish its findings and recommendations as guiding
principles for revitalizing the City." That adoption process provided clear direction to the citizenry
and City staff that City Council intended to implement the recommendations contained in the NRS.
Therefore, staff is suggesting that the City Council go one step further and adopt the NRS as a formal
amendment to the City's Comprehensive Plan. The NRS is proposed to supercede the Comprehensive
Plan. Staff is making this recommendation for the following reasons:
1. The NRS has numerous recommendations that relate to Comprehensive
Planning, both substantive land use recommendations and procedural
recommendations in regards to improving the City's land use entitlement
processes.
2. The existing Comprehensive Plau recommends that as subsequent subarea
plans and studies are completed (such as the NRS), they be adopted as
Amendments to the City's Comprehensive Plan.
3. Adoption as an amendment to the Comprehensive Plan requires a hearing
before the Planning Commission, which presents an opporiunity to better
familiarize that body with the recommendations of the NRS and how it
should impact many aspects of their decision making processes.
4. While the Comprehensive Plan is an advisory document for the City
Council, it is also a document that City Council and City Staff are required
to reference and be consistent with when making land use decisions ranging
from rezonings to subdivisions to variances.
5. Adoption as an amendment to the Comprehensive Plan eliminates
ambiguities that currently exist between the two documents. There are
nuinerous recommendations in the NRS that are in conflict with the cunent
(2001) Comprehensive Plan. Adoption of the NRS as a Comp Plan
Amendment will clarify that the NRS is now the controlling document in
those instances.
6. As staff works on zoning code text amendments in 2008 and beyond, we
have a clear basis for proposing those changes based on numerous citations
in the NRS.
7. Adoption of the NRS as an amendment to the Comprehensive Plan sets a
clear tone for the direction of the Citywide Comprehensive Plan Update
when that process begins later in 2008.
8. Adoption of the NRS as an amendment to the Comprehensive Plan will
further support WR2020 in it implementation efforts.
This item has been scheduled for public hearing. Notice as required by state statute for the hearing has
been provided in the Wheat Ridge Transcript.
Staff recommends adoption of the NRS. A motion to adopt a resolution recommending adoption of
the NRS by City Council is needed.
RECOMMENDED MOTION:
"I move to adopt Resolution 01-2008, a resolution recommending adoption of the NRS and
forwarding this recommendation along with the Resolution to City Council for their consideration."
CITY OF WHEAT RIDGE PLANNING COMMISSION
RESOLUTION NO. Ol
Series of 2008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WHEAT RIDGE, COLORADO, CONCERNING THE ADOPTION OF THE
NEIGBHORHOOD REVITALIZATION STRATEGY AS AN
AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN
WHEREAS, the City Council of the City of Wheat Ridge adopted a Comprehensive Plan
on October 25, 1999 and amendments were considered and adopted in January 24, 2000; and
WHEREAS, the City Council adopted Resolution No. 36, Series 2005 accepting the
findings and recommendations of the Neighborhood Revitalization Strategy (NRS) on July 25,
2005; and
WHEREAS, the purpose of the NRS was to lay a sh-ong foundation for progamming that
provides quality housing and encourages new homeownership opportunities; that analyzed the
economic couditions, zoning requirements and market feasibility analyses to develop programs
that provide opportunities to enhance or expaud business recruitmeut and retention activities; and
included programs supporting building rehabilitation programs; and
WHEREAS, the overall goal of the revitalization strategy was to rise to the challenge of
restoring sustainability to the city; and
WHEREAS, an intensive and inclusive public process was followed eliciting suggestions
and direction from the community at-large; and
WHEREAS, there was strong public support for the NRS azid its recommendations; and
WHEREAS, need for development of these strategies was based on many factors. These
factors included aging infrastructure and housing, fiscal strain, significant demographic change,
fraginented governance, and a lack of long-range planning focus; and
WHEREAS, the strategies and recommendations contained in the NRS are focused on
leveraging our strengths and addressing our challenges; and
WHEREAS, the NRS will assist the city in returning to a vibrant community with healthy
housing markets and thriving commercial centers needed to generate fiscal stabiliry;
WHEREAS, C.R.S. 31-23-206 (2) provides that the Comprehensive Plan may be
amended by the City from time to time; and
WHEREAS, Planning Commission desires to amend the Comprehensive Plan to address
the findings and recommendations of the NRS; and
WHEREAS, WHEREAS, Planning Coirunission has held a public hearing as provided
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by C.R.S. 31-23-208 and Section 2-60 (b) of the Wheat Ridge Code of Laws; legal notice thereof
duly published in the Wheat Ridge Transcript on May 8, 2008.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Wheat Ridge, Colorado, as follows:
The Planning Commission of the City of Wheat Ridge hereby reconunends
adoption of the Neighborhood Revitalization Strategy as an amendinent to the
City's Comprehensive Plan.
2. The Planning Commission recommends that the Neighborhood Revitalization
Strategy supercede the Comprehensive Plan to the extent that they may conflict.
3. A copy of this resolution shall be forwarded to the City Council.
DONE AND RESOLVED THIS day of , 2008.
CHAIR, PLANNING COMMISSION
ATTEST:
Secretaiy to the Planning Commission
\\srv-ci-eng-002\users$\spayneUv(y filesWRS\PCresolution5-15.doc
C11y Of
Wheat Rj,dge
- COMMUNITY DEVELOPMENT
Memorandum
TO: Planning Commission
THROUGH: Ken Johnstone, Community Development Director
FROM: Kathy Field, Administrative Assistant
DATE: May 9, 2008
SUBJECT: Preventing Public Officials' Liability
The Colorado Intergovernmental Risk Sharing Agency (CIRSA), the City's property/liability and
workers' compensation insurance broker, has recently produced a new video entitled "In the
Scope of Your Authority: Preventing Public Officials' Liability. " This video was designed to
be viewed by the City's elected and appointed officials, and the management team. It discusses
how elected and appointed officials can avoid mistakes that can lead to liability claims and
identifies best practices that will allow officials to be successful.
In addition to the video, CIRSA and the Colorado Municipal League (CML) updated their
"Public Officials Liability Handbook" in 2007. This handbook is intended to provide an
overview of some of the liability issues facing public entities, as well as some suggestion for
avoiding and reducing liability. A copy is enclosed.
The video, which is 17 minutes long, will be played for Planning Commission at the May 15`h
meeting.