The URL can be used to link to this page

Home My WebLink AboutCity Council Agenda Packet 05/12/20146:45 -Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 12.2014 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLLCALL OF MEMBERS APPROVAL OF MINUTES OF April28, 2014 PROCLAMATIONS AND CEREMONIES • Recognition of Denise Waddell, Wheat Ridge First Bank President, for her service to the community • National Police Week and National Peace Officer's Memorial Day • Click it or Ticket Mobilization CITIZENS' RIGHT TO SPEAK a. Citizens , who wish , may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b . Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard . APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECONG READING .L Resolution No. 28-2014-approving a four-lot Subdivision Plat with Right-Of-Way Dedications for property zoned Commercial-One (C-1) located at the Southwest Corner ofW. 38th Ave. and Kipling St. (Case No. MS-14-01) CITY COUNCIL AGENDA: April 28, 2014 Page -2- ORDINANCES ON FIRST READING £. Council Bill No. 04-2014-approving an amendment to the Youngfield Plaza Planned Commercial Development (PCD) Outline Development Plan (ODP) to allow Marijuana Research and Testing on property located at 3924-4096 Youngfield Street (Case No. WZ-14-04/RMBI) DECISIONS, RESOLUTIONS AND MOTIONS 3. Motion to appoint Janeece Hoppe as a City Director to the Wheat Ridge Business District Board of Directors , Term to expire March 31, 2018 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT to Executive Session Conference with the City Attorney under Charter Section 5.7(b) 1 and Section 24-6-402(4)B C .R.S. specifically for legal advice from the City Attorney and appropriate staff concerning 32nd and Youngfield construction contracts. CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 28. 2014 Mayor Jay called the Regular City Council Meeting to order at 7:00p.m. ROLLCALL OF MEMBERS Jerry DiTullio Bud Starker Zachary Urban Tim Fitzgerald George Pond Tracy Langworthy Genevieve Wooden Absent: Kristi Davis Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan; Public Works Director, Scott Brink; Community Development Director, Ken Johnstone; other staff, guests and interested citizens. APPROVAL OF MINUTES OF April14, 2014 Motion by Councilmember DiTullio to approve the minutes of April14, 2014; seconded by Councilmember Starker; carried 7-0 PROCLAMATIONS AND CEREMONIES Alzheimer's Association of Colorado -Recognition of Wheat Ridge Police Officers Sara Spaulding, Amelia Schafer and Jill Lorentz from the Alzheimer Association Colorado Chapter recognized Wheat Ridge police officers Nellie Gisonda and John Parsons for the way they helped an elderly couple in March. Their compassion, care and skill likely saved two lives. She praised the WRPD for the extra training the officers receive for tending to this special population and the commitment that is shown . It is the best in the state. Traffic Safety Month Proclamation Mayor Jay read a proclamation designating May as Traffic Safety Month. Chief Brennan accepted the proclamation for the Police Department. He announced that COOT will be recognizing Officer John Bowman (for his distracted driving program) and Officer Todd Payne (for his DUI enforcement) as Traffic Champions. He noted that John Bowman's distracted driving training program has become a statewide initiative and he has been asked to speak at a variety of statewide educational venues. City Council Minutes April 28 , 2014 Page 2 Mental Health Month Proclamation Mayor Jay read the proclamation designating May as Mental Health Month. Pat Wray, Vocational Services Manager at the Summit Center accepted the proclamation and thanked the City. With her were clients Johnny Lewis , Charlotte Harold and Steve Shannon from the Summit Center. -Chief Brennan acknowledged the strong collaborative relationship the City has with Jefferson Center for Mental Health. He noted how essential that is for the extra training the department provides in the areas of conflict mediation/resolution and crisis intervention for Alzheimer's, dementia and autism . CITIZENS' RIGHT TO SPEAK Margy Seyfer (WR) thanked the Council for their support for the Kite Flight Festival. Almost 1,000 people attended this first vent. She thanked various councilmembers and the police , fire department, and parks folks for all their work on it. She said they 're already planning for next year . Donald Nash (WR), kite master for the festival , thanked everyone for their work on the kite festival. He 's excited to be part of an event for younger people . Rachel Hultin (WR) invited the public to the Live Local Active Run/Walk Club that will restart on Tuesdays at 6 :00pm at Right Coast Pizza beginning May 6.-She announced the next meeting of the Active Transportation Advisory Team, also on May 6 at 6 :30pm at Colorado Plus Brewery . They meet the first Tuesday of every month ; this month they are electing officers and adopting a charter . She encouraged people to come and share their interest in creating more biking/walking opportunities .-She presented Council with brochures from the Smart Growth conference she attended. Kim Calomino (WR) spoke about HB 1375 that's currently in the Senate . She believes it will harm redevelopment efforts in Wheat Ridge and other cities that use Tax Increment Financing . She encouraged people to research the bill , and if they don 't like the idea of having to share revenue with the county and other entities that don 't share in the investment , they should call Sen . Cheri Jahn and urge her to vote against it. -She thanked the Police Department for being proactive with Alzheimer's. -She thanked Margy Seyfer for all her work on the Kite Festival. Her family thought it was great. Laurie Odom (WR) spoke on behalf of the Tobacco-Free Jeffco Alliance & Youth Breath Easy (BE) Teams. She presented an update on some of their tobacco prevention activities at Wheat Ridge High School. Kristi Preston (Lakewood), youth engagement coordinator of the tobacco prevention initiative at WRHS, continued the presentation about the efforts of the student BE teams to educate students about the dangers of smoking . City Council Minutes April 28, 2014 Page 3 Skylar Basta, a WRHS student, spoke about the program they have called "Sweet, Cheap and Deadly" to educate students on the dangers of smoking. APPROVALOFAGENDA EMERGENCY ORDINANCE .1. An Ordinance imposing a Temporary Moratorium on the submission, acceptance, processing, and approval of applications for a Land Use Approval, Permit or License for any Medical Marijuana-Infused Products Manufacturer, Retail Marijuana Products Manufacturer or Retail Marijuana Testing Facility and Declaring an Emergency Councilmember Langworthy introduced Agenda Item No. 1 This ordinance imposes an 90-day, immediately-effective moratorium on the acceptance of new applications and the continued processing of pending applications for marijuana manufacturing and testing facilities This will provide Council the time to evaluate existing regulations concerning these facilities. Clerk Shaver assigned Ordinance 1546. Mayor Jay opened the public hearing. The City Manager distributed to Council a map of the City illustrating existing and proposed marijuana businesses. Attorney Dahl led the staff presentation. Mayor Jay swore in the speakers for the hearing. Public Comment Steve Hodgdon owns the Independence Square shopping strip at 50th & Kipling. He asked Council not to pass the moratorium because of the significant financial impact it would have on him and his family as he struggles to improve the center. Rent from the proposed Marijuana Infused Products (MIP) facility, which will have no signage, no public face, no sales --will allow him to continue his efforts to rehabilitate the center. Cathy Roscio (Monument, CO), property manager for Independence Square, elaborated on the financial struggles associated with rehabilitating this 35 year old center. The proposed lease with the MIP would be a huge financial benefit for the owners and the other businesses at the center. Jon Cooper (Arvada) is president of the company who has applied to locate at Independence Square. He testified the testing would involve C02 extraction, which is a safe process. There will be no cultivation or retail sales. They will use charcoal filters to City Council Minutes April 28 , 2014 Page4 remove any odor. Extra security will be installed. There will be no advertising . They will employ about 35-40 people using cutting edge technology. If the moratorium goes through he will be forced to locate elsewhere as he has equipment ordered and he can't wait. Jennifer Shepherd (WR) thanked Council for bringing forward the moratorium. She is a parent and works in health care. She 's worried about the future of the marijuana industry and the impact it will have on children, schools, and the health of our community. Kevin Marchitto (Golden) president of Rocky Mountain Biosystems, a biotech company on Youngfield, spoke about the research they do on various diseases. They have invested a good bit of money in anticipation of expanding their cannabis research for diseases such as cancer, Alzheimer's , and chronic epilepsy. They believe compliance and industry regulation are important, and Wheat Ridge has the opportunity to set the standard. He 's done medical research for 40 years as an analytical chemist, biochemist and microbiologist and wants to research and remedy the things that potentially make cannabis unsafe . They prefer not to have testing facilities included in any moratorium . Maxim Beerman (Lafayette) testified that his company will be manufacturing high quality infused products. They do their own internal testing and will use labs . They have a lot of experience in chemistry, process engineering and quality engineering. Quality of infused products is lacking because the regulations are still being set and the early producers didn 't have the chemistry background. They have the chemistry experience to create safe products and plan to address the looming issue of waste . They will hire a broad range of talent. Nick Dice (Loveland) owns two medical marijuana shops in Wheat Ridge . He hopes existing applications will be allowed to move forward . He would like to include a MIP with his business at 4800 Lamar and also hopes that existing centers will not require separation buffers to themselves, but to other centers . He also hopes that eventually off-site grows within the city limits will be allowed because having to get grows in other cities has made it hard . He 'd hate to have to do that with a MIP too . Cassandra Dittus (Fort Collins) manages Medical MJ Supply , the company that owns and operates two of the retail stores and grows in Wheat Ridge. As they are looking to add more manufacturing she addressed separation buffers -making the point that it would be better if they could keep their operations close to each other, thereby eliminating transportation and exposure out in the community. She also suggested that allowing MIP's with centers would result in more sales tax for the City. Mark Barnes (Golden) spoke about the unique nature of testing facilities. They have no signage or public appeal. This is one of the most heavily regulated industries- outside of gaming and nuclear industries . Testing facilities have an extra layer of certification, inspections, and very detailed requirements . If the moratorium is passed , he asked that testing facilities be exempted because 1) their lab isn 't located within any City Council Minutes April 28, 2014 Page 5 separation limits and the moratorium would cause an unnecessary delay; and 2) he noted that testing facilities are on the side of the City and State. The State has imposed mandatory testing and his company doesn't believe there are enough testing facilities to meet current demand. Council questions followed. • There is currently one MIP ap~lication pending, and one application for rezoning to allow a testing facility at 50t & Kipling. • Fire or flash is highly unlikely with the C02 extraction process. • The initial marijuana ordinance didn't address the separation of MIPs and testing facilities because they don't have much public visibility. • The original ordinance requires that 70% of what centers sell be grown on-site, and the City chose not to allow free standing grows. • On-site grows are not required for manufacturing or testing. • The pending MIP on Kipling is less than 1,000 feet from a nearby drug treatment center. • From a code standpoint, MIPs will be regulated like any other manufacturing operation or commercial kitchen. Motion by Councilmember Langworthy to approve the Emergency Ordinance imposing a temporary moratorium on the submission, acceptance, processing, and approval of applications for a land use approval, permit or license for any medical marijuana-infused products manufacturer, retail marijuana products manufacturer or retail marijuana testing facility and declaring an emergency, order it published, and that it take effect immediately; seconded by Councilmember Wooden; Motion by Councilmember DiTullio to amend Ordinance No. 1546 by the addition of a new Section 2, to read: Section 2. Exemption for Pending Applications: This ordinance shall not apply to the processing and final action by the City upon any application for a City land use approval, permit or license for any marijuana-infused products manufacturer or retail marijuana testing facility, which application has been received by the City prior to 5:00 PM on April 28, 2014. Such applications shall be processed and acted upon pursuant to the City regulations in effect as of the effective date of this Ordinance; and further to renumber remaining Sections of the Ordinance; seconded by Councilmember Urban; The motion to amend carried 6-1, with Councilmember Wooden voting no. Motion by Councilmember DiTullio to strike "testing facilities" from the moratorium; seconded by Councilmember Starker. Prompted by a question from Councilmember Urban, Mr. Dahl clarified that the amendment should be to strike "testing facilities" from renumbered Sections 1, 2, 3, 4, and 6. Councilmember DiTullio, maker of the motion, approved. The motion to amend carried 7-0. City Council Minutes April 28 , 2014 Page 6 Council comments followed. The main motion , as amended, carried 6-1 , w ith Councilmember Fitzgerald voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2 . Council Bill No . 02 -2014-An Ordinance Amending Chapter 26 of the Wheat Ridge Code of Laws concerning the Subdivision Regulations and making certa in related Amendments to Chapters 2 and 5 in association therewith (Case No. ZOA-14-01) Councilmember Starker introduced Council Bill No . 02-2014 . The ordinance improves the subdivision regulations by addressing these central goals : To simplify the subdivision review process To provide more clear and contemporary design standards To set consistent and fa ir requirements for public improvements throughout the code • To improve clarity and organizations within the zoning code Clerk Shaver assigned Ordinance 1547 . Mayor Jay opened the public hearing . Mayor Jay swore in the speakers for the hearing. Staff Presentation Lauren Milulak gave the staff presentation , focusing on three major changes. 1. The subdiv ision review process will be simplified by identifying three types of review and expanding administrative review to include any plat with 3 or fewer lots 2. Parkland dedication remains , but will be less subjective and more technical and straightforward . Council will be asked in May to approve a resolut ion establishing a value per acre for calculating parkland dedication fees . 3 . Requirements for public improvements , especially streetscape requirements (curb , gutter, sidewalks , and amenity zones), will be more consistent and fair throughout the code • The intent of the Code isn 't being changed ; it clears up the language , updates cross-references and makes it more user-friendly. • There are no changes related to multi-family or commercial, but fees for single and two-family will be more fair --based on linear feet. Planning Commission and staff recommend approval. Council questions followed . It was noted that developments such as 38th & Kipling and 38t h & Wadsworth will require Council approval because they include more than three lots . For the small subdivisions staff review will be sufficient for approval. City Council Minutes April 28, 2014 Page 7 Mayor Jay closed the public hearing. Motion by Councilmember Starker to approve Council Bill No. 02-2014, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the subdivision regulations and making certain related amendments to Chapters 2 and 5 in association therewith, on second reading and that it take effect fifteen days after final publication; seconded by Councilmember DiTullio ; carried 7-0. 3. Council Bill No. 03-2014-An Ordinance amending Section 26-109 of Chapter 26 of the Wheat Ridge Code of Laws, concerning Public Noticing Requirements (Case No . ZOA-14-02) Councilmember Fitzgerald introduced Council Bill No. 03-2014. This ordinance: • Eliminates the requirement to use certified mailing for letter notice, which will increase the likelihood of delivery and save money. • Clarifies posting and publishing requirements to reflect current practice and rectify inconsistent language. Mayor Jay swore in the speakers for the hearing. Clerk Shaver assigned Ordinance 1548 Mayor Jay opened the public hearing. Lauren Milulak had a few brief words about the new regulations . Mayor Jay closed the public hearing. Motion by Councilmember Fitzgerald to approve Council Bill No. 03-2014, an ordinance amending Section 26-109 of Chapter 26 of the Wheat Ridge Code of Laws, concerning public noticing requirements, on second reading and that it take effect 15 days after final publication; seconded by Councilmember Starker ; carried 7-0 4. Resolution No. 26-2014-approving a second amendment to the 1-70/Kipling Corridors Urban Renewal Plan to allow for the Utilization of Tax Increment Financing Councilmember Pond introduced Resolution No. 26-2014. This amendment approves the use of Tax Increment Financing for the MVG redevelopment project at 381h & Kipling. City Council Minutes April 28 , 2014 Page 8 Mayor Jay opened the public hearing . There was no staff presentation, no public comment and no discussion . Mayor Jay closed the public hearing . Motion by Councilmember Pond to approve Resolution No . 26-2014 , a resolution approving a second amendment to the 1-70/Kipling Corridors Urban Renewal Plan to allow for the utilization of tax increment financing ; seconded by Councilmember DiTullio ; carried 7-0 . DECISIONS, RESOLUTIONS AND MOTIONS ~ Motion to approve the Neighborhood Traffic Management Plan (NTMP) dated April 28 , 2014 Councilmember DiTullio introduced Agenda Item No. 5 . The NTMP will provide a process for residents to request consideration for the installation of traffic calming measures on local streets. The 2014 budget allocates $100 ,000 for implementation of the Plan. Motion by Councilmember DiTullio to approve the Neighborhood Traffic Management Plan dated April 28 , 2014 ; seconded by Councilmember Fitzgerald ; carried 7-0. 6 . Resolution No. 27-2014-amending the Fiscal Year 2014 Capital Improvement Program Budget reflecting the approval of a Supplemental Budget Appropriation in the amount of $76 ,074.83 for the Clear Creek Crossing Environmental Assessment Reevaluation and awarding a contract to Parsons Brinckerhoff Councilmember Pond i ntroduced Resolution No.27-2014 . • The high cost of infrastructure required by the 2006/07 Environmental Assessment (EA) continues to be the primary impediment to the development of the land west of 1-70 and north of 32"d Avenue . • Staff believes the only option is to have the EA reevaluated to allow the development and required infrastructure to be phased in . • Interest in the Clear Creek Crossing has resumed. • The reevaluation would include an updated traffic analysis that considers the size and timing (phasing) of anticipated development activities . • Parsons Brinkerhoff is familiar with the site and its issues , and has successfully completed similar evaluations recently in Colorado . In the interest of urgency staff has decided to sole source this contract. • The shelf life of an EA is generally about 5 years . City Council Minutes April 28, 2014 Page 9 • The initial estimate was for about $50,000, but a subsequent meeting with the Federal Highway Administration brought further requirements and therefore extra costs. Motion by Councilmember Pond to approve Resolution No. 27-2014, a resolution amending the fiscal year 2014 Capital Improvement Program budget reflecting the approval of a supplemental budget appropriation in the amount of $76,074.83 for the Clear Creek Crossing environmental assessment reevaluation and awarding a contract to Parsons Brinckerhoff; seconded by Councilmember Starker; carried 7-0. 7. Motion to award RFB-14-14, 2014 Annual Computer requirements to JPK Micro Supply, Inc., Industry, CAin the amount of $38,000 for the replacement of 50 computers Councilmember Wooden introduced Agenda Item No. 7. This is a scheduled and budgeted replacement of obsolete computer equipment. A five- year rotation schedule is maintained. JPK's is the lowest bid . Motion by CouncilmemberWooden to award RFB-14-14-2014 Annual Computer Requirements to JPK Micro Supply, Inc. in the total amount of $38,000 for the replacement of 50 computers; seconded by Councilmember Langworthy; carried 6-1, with Councilmember DiTullio voting no. 8 . Motion approving the revised Council Rules of Order and Procedure dated April 28,2014 Councilmember Urban introduced Agenda Item No. 8. Attorney Dahl had a brief staff presentation. He explained some typographical changes that are necessary and recommended that be reflected in the wording of the motion. Motion by Councilmember Urban to approve the revised Council Rules of Order and Procedure dated April 28, 2014 with the addition of typographical, numerical and formatting changes as discussed during the regular business meeting; seconded by Councilmember Starker; carried 7-0. !L Motion to appoint Nancy Snow to the Election Commission, term to expire December 12, 2015 Councilmember DiTullio introduced Agenda Item No. 9 This appointment fills a vacancy created by the resignation of Michael Snow who moved out of the City. City Council Minutes April 28, 2014 Page 10 Motion by Councilmember DiTullio to appoint Nancy Snow to the Election Commission, term to expire December 12, 2015; seconded by Councilmember Pond; carried 7-0. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS CITY CLERK'S MATTERS Clerk Shaver informed Council that the installation of a 24-hour ballot drop-off box at City Hall is in progress. It will be located near the south end of the entrance median. It will be in place for three weeks before elections and removed after the elections . It's expected to be ready for the Primary in June. She suggested, for the required mailed notices of neighborhood meetings and public hearings, in lieu of the certified mail staff might consider a special envelope with outside text, or a colored envelope, identifying it as something important. ELECTED OFFICIALS' MATTERS Jerry DiTullio thanked Patrick and Margret Paget for their work on Revive the Greenbelt Part 2. About 40 of his students and staff from Wheat Ridge High School planted 60 willows and cottonwoods in the Greenbelt, did clean-up and placed fencing around the new trees . Bud Starker said he was pleased to be invited to participate in the Kite Flite Festival. It was a great event and everyone had a good time. He congratulated all the people who worked hard to put it together. Zachary Urban announced an event called Everitt Fill-A-Truck that will be this Saturday at Everitt Middle School from 9AM-4PM. If people have any gently used clothing or household items to donate please drop them off at Everitt this Saturday . The items will be sold to raise funds for Everitt students. -He extended personal thanks to the police department for their work with Alzheimer's patients. His grandfather had Alzheimer's and required assistance from the police department once . -His family thoroughly enjoyed the Kite Festival. For next year he encouraged that the City's sponsorship be acknowledged in the sponsorship announcements that occur during the event. Tracy Langworthy said that although the kite festival was her idea she gave special thanks to Margy Seyfer who is a great organizer and encourager of people. She talked about some of the extra projects and outreach that occurred behind the scenes . -She congratulated City employee Nathan Mosely for being recognized by DRCOG for the work he's done with Aging Well Wheat Ridge. -She reported that Wheat Ridge Cyclery did a presentation of Safer Routes to School at Prospect Valley Elementary. She hopes it was done at other schools. -She inquired of the City Clerk about the posting of the second campaign finance reports. Clerk Shaver said she had hesitated to post them City Council Minutes April 28, 2014 Page 11 after hearing at clerk classes that candidate signatures were not to be posted on the internet. At Council 's request she will post them . Genevieve Wooden announced that Mountain Phoenix School is having the Live Local event this Wednesday night at 6 :30 . It's a local grower's event. Mayor Jay reported on the narrated, 2-hour bus tour she took of the Gold Line. The tours are done once a month on Fridays and are open to the public. If you 're interested please contact her for details . -She is excited there were close to 1,000 participants at the kite festival. -During March there were 1 09 incidents of graffiti in our parks and she encouraged folks to report that if they see it. The City Council Meeting adjourned at 9:30pm. APPROVED BY CITY COUNCIL ON May 12, 2014 BY A VOTE OF __ to __ Kristi Davis , 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. ~·~ ... ~ ~ "" City of • J?"WheatRi_dge ITEM NO: _f ~ DATE: May 12 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 28-2014 - A RESOLUTION APPROVING A FOUR-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED COMMERCIAL- ONE (C-1) LOCATED AT THE SOUTHWEST CORNER OF W. 38th A VENUE AND KIPLING STREET (CASE NO. MS-14-01) [g) PUBLIC HEARING D BIDS/MOTIONS [g) RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N D READING The applicant is requesting approval of a four-lot subdivision plat for property zoned Commercial- One (C-1) and located at the southwest comer ofW. 38th Avenue and Kipling Street. The purpose of the request is to establish new lot lines and shared access to allow redevelopment of the entire 6.35-acre site. PRIOR ACTION: Planning Commission recommended approval ofthis subdivision request on April17, 2014. Attached are copies of the Planning Commission staff report and meeting minutes. The site is the subject of several related applications . City Council has approved project financing and a redevelopment agreement for the property. Staff is currently reviewing a site plan for development of a Sprouts Farmers Market and a special use permit for a senior care facility. Council Action Form May 12 ,2014 Page2 FINANCIAL IMPACT: Fees in the amount of$2 ,650 were collected for the review and processing of Case No. MS-14-01 and the associated site plan. The subdivision and subsequent redevelopment of the property support economic development goals and will help to strengthen and diversify the City's tax base. BACKGROUND: The property is located at the southwest comer of Kipling and W. 38 th A venue with frontage on five public streets: Kipling Street, W. 38th Avenue, Lee Street , W. 37th Place , and Kline Street. The property is zoned Commercial-One (C-1), and surrounding properties include a variety of zoning designations and land uses including residential to the west , commercial to the north and south, and Discovery Park to the east. The total size of the subject property is 276 ,782 square feet or 6.35 acres. The site is comprised of four unplatted parcels ; two are currently owned by the applicant and two are under separate ownership. The majority of the site is paved , and the ex isting de velopment is nonconforming with respect to landscaping, streetscape, and architectural standards . The site has been the subject of several code enforcement cases in recent years and is identified in the City 's comprehensive plan , En vision Wh eat Ridge, as a high priority redevelopment area. If the subdivi sion is approved , the applicant intends to scrape and rede velop the site in its entirety. The applicant is serving as the master developer and will be responsible for public improvements ; development on each lot will be reviewed separately . Propos ed Plat The site is L-shaped and the proposed subdivision plat will establish four lots: two smaller lots at the hard comer of38111 and Kipling, one larger lot along the Kipling Street frontage , and another larger lot on the western part of the 38th Avenue frontage. The C-1 zone district does not include minimum lot size and lot width requirements , however the development parcels do appear to be shaped and sized appropriately to accommodate future development. Several portions of right-of-way are being dedicated by the plat. These will accommodate an enhanced streetscape with detached sidewalk, construction of an acceleration/deceleration lane on Kipling Street, and striping of a westbound left tum lane on W. 38 th Avenue. A narrow strip of right-of-way will also be dedicated to the City where Lee Street is substandard in width. The timing and responsibility of all public improvements will be outlined in a subdivision improvement agreement and recorded with the final plat. The subdivision plat includes standard utility and drainage easements , as well as a blanket cross access easement that will allow shared use of all parking and drive aisles. The new development will consolidate the many existing curb cuts to improve safety and streetscape. Street access is proposed to include two curb cuts on Kipling and one on W. 38 th Avenue, one on Lee Street, and a fifth at the intersection ofW. 37th Place and Kline Street. These access points are not shown on the plat and will be approved through site plan review. Council Action Form May 12 ,2014 Page 3 A traffic study and master drainage report were reviewed and approved for the entire site. Water quality features will be provided on-site to treat storm water. Because of the proximity to Lena Gulch , runoff will be conveyed to and discharged into the gulch . All affected service agencies were contacted for comment on the subdivision plat, and have expressed an ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development, and the applicant is in direct contact with the appropriate utility agencies . RECOMMENDED MOTION: "I move to approve Resolution No. 28-2014, a resolution approving a four-lot subdivision plat with right-of-way dedications for property zoned Commercial-One (C-1) located at the southwest comer ofW. 38th Avenue and Kipling Street, for the following reasons: I. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-1 09 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 has 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. and with the following conditions: Or, I. The developer enters into a subdivision improvement agreement with required security prior to recordation of the subdivision plat." "I move to deny Resolution No. 28-2014, a resolution approving a four-lot subdivision plat with right-of-way dedications for property zoned Commercial-One (C-1) located at the southwest comer ofW . 38th Avenue and Kipling Street, for the following reasons: I. 2. 3. and direct the City Attorney to prepare a Resolution of Denial , to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planner II Meredith Reckert, Senior Planner Council Action Form May 12,2014 Page4 Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 28-2014 2. Planning Commission minutes draft 3. Planning Commission staff report TITLE: CITY OF WHEAT RIDGE, COLORADO Resolution No. 28 Series of 2014 A RESOLUTION APPROVING A FOUR-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED COMMERCIAL-ONE (C-1) LOCATED AT THE SOUTHWEST CORNER OF W. 38th AVENUE and KIPLING STREET (CASE NO. MS-14-01) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Subdivision Plats; and, WHEREAS, an application for a subdivision plat was received from Millennium Venture Group, Inc. to subdivide property located at the southwest corner of W. 381h Avenue and Kipling Street in a Commercial-One zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a May 12, 2014 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A FOUR-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED COMMERCIAL-ONE (C-1) LOCATED AT THE SOUTHWEST CORNER OF W. 38th AVENUE and KIPLING STREET (CASE NO. MS-14-01) FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing that meets all 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 has 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. And with the following conditions: 1. The developer enters into a subdivision improvement agreement with required security prior to recordation of the subdivision plat. DONE AND RESOLVED by the City Council this 1ih day of May 2014. Attachment 1 Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk ,~·~ ... .,. City of '?W'lieatRl_dge PLANNING COMMISSION Minutes of Meeting April17, 2014 l. CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair OHM at 7:03p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge , Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Alan Bucknam Emery Dorsey Silke Popp Scott Ohm Steve Timms Amanda Weaver Anne Brinkman Lauren Mikulak , Planner II Meredith Reckert, Senior Planner Scott Brink, Director of Public Works Kim Waggoner, Recording Secretary Vice Chair OHM stated due to technical difficulties the broadcast will not be aired live but it will be aired at a later date. 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner BUCKNAM and seconded by Commissioner TIMMS to approve the order of the agenda. Motion carried 6-0. 5. APPROVAL OF MINUTES-April3, 2014 It was moved by Commissioner DORSEY and seconded by Commissioner BUCKNAM to approve the minutes of April 3, 2014, as written. Motion carried 5-0 with Commissioner TIMMS abstaining. Planning Commission Minutes Aprill7,20.14 Attachment 2 - 1 - 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda .) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. MS-14-01: An application filed by MVG Development for approval of a minor subdivision plat with right-of-way dedication for property zoned Commercial One (C-1 ), located at the southwest corner of 38th Ave. and Kipling St., including I 0 I 00 W. 38 th Ave., I 0040 W. 38 1h Ave., 3795 Kipling St., and 3725 Kipling St. Ms. Mikulak presented the case . She entered into the record the contents of the case file , the zoning ordinance, the subdivision regulation and the digital presentation. She stated the public noticing and posting requirements have been met. She stated the property has never been platted. A subdivision is a document that creates a record of land and creates or reconfigures lots , tracts or parcels for the purpose of sale or development. It is also a documents used to evaluate city right-of-way, which can be conveyed to or from the city and private parties. It is also an opportunity to review civil documents such as a traffic study and drainage report. A plat does not change the zoning or permitted uses. She said there are separate land use applications for the building and site designs . Both are currently being reviewed by staff and will not require a public hearing. City Council and the Urban Renewal Authority reviewed and approved a redevelopment agreement that approved tax increment financing on April 21 , 2014. Staff is recommending approval of the subdivision application with conditions. Commissioner BUCKNAM inquired about the right-of-way dedication on Lee Street and asked if the current street width is 30 feet . Ms . Mikulak stated yes. In response to Commissioner DORSEY 'S question about Kipling , Ms. Mikulak stated the dedicated right-of-way can accommodate an acceleration/deceleration lane as well as the detached sidewalk and amenities. Commissioner WEAVER asked ifthe right-of-way on 38th Ave. traveling east is narrower and then widens to accommodate a tum lane. Ms. Mikulak stated there is a need to accommodate additional width for the left turn lane at the intersection and into the site. Mr. Brink stated that is correct. He stated there may be a need to restripe the streets because the lanes don 't currently align across the intersection. Commissioner WEAVER asked if there was room for curb and sidewalk along 38th. Ms. Mikulak stated there will be detached sidewalk and a tree lawn on 38th and the additional dedication will accommodate all the improvements. Planning Commission Minutes April17,2014 -2 - Commissioner WEAVER asked if 38th is a bike route. Ms. Mikulak stated it is on the bike/pedestrian route and identified to have detached sidewalks. Commissioner TfMMS asked why the property line is curved between Lots I and 4. Ms . Mikulak stated the primary interior drive will follow the spine of the curved line. That shared property line will be the center line of the drive and it helps to accommodate the lot sizes for lots 1 and 4. Commissioner TIMMS asked for an explanation of the site plan review process. Ms. Mikulak stated any site development or building permit applications for permitted uses are reviewed administratively by staff. Applications are reviewed by planning staff and appropriate city departments and utility districts for comments, but they do not go to public hearing. The site plans for Lots 1 and 4 are currently in process. The plans are in the Community Development Department and are public record. The documents can be reviewed by the public during business hours. Commissioner POPP asked for a description of the various access points. Ms. Mikulak stated there is a blanket cross access easement that will cover the entire property. Customers and visitors of all of the lots are permitted to use any portion of the property for access and parking. There will be major interior drive that runs north /south and a total of five curb cuts along the perimeter of the property. H. McNeish MVG Development 1509 York St. Denver, CO 80206 The applicant stated they are committed to resolve the conditions in the suggested motion of approval. The development will include Sprouts Fanners Market, Starbucks, and a 64- unit nursing home. The end user for the remaining available pad site on 38th Ave. is unknown ; it is currently being marketed . Commissioner WEAVER asked what businesses will be located on Lot 2. The applicant stated tenants have not been identified. Commissioner DORSEY asked if Lot 2 and 3 will be single-unit or multi-tenant buildings. The applicant stated there will be a building on each lot. It is still to be determined it they will be occupied by single or multiple tenants . Commissioner POPP asked if the existing structures on all of the lots will be razed. The applicant stated the intent is to remove all the existing structures and surface material and completely re-grade and reposition the entire parcel for the development. Vice Chair OHM opened the public hearing. Planning Commission Minutes April 17 , 2014 -3 - Patricia Oliver 7057 W. 29th Ave. Ms. Oliver inquired about Clancy's Irish Pub . Ms. Mikulak stated the property owner that signed the lease with Clancy 's is not a party to the application. The current property owners have given permission to MVG to submit the subdivision plat. The City's Economic Development Department is working with Clancy 's to help relocate them in Wheat Ridge. Chad Martin Clancy 's Irish Pub 10117 W . 3ih Pl. Mr. Martin stated Clancy 's does not have a new location. He asked if Clancy 's is entitled to Wheat Ridge Urban Renewal funds for a buyout or relocation. Ms. Mikulak stated the Urban Renewal Authority is a separate body from the Planning Commission. She encouraged him to keep working with the Economic Development Department. Holly Heaton 10240 W. 34th Ave. Ms . Heaton asked if there were any previous public meetings or notice. Ms. Mikulak stated a subdivision plat is not a land use action that requires a neighborhood meeting , and this is the first public meeting for this application. The yellow posting signs are posted two weeks before the meeting. The mailing radius for notification of a public hearing is 300-feet. Some of the site planning documents were made public at the city- wide Town Hall Meeting in March. Ms. Heaton inquired about the type of senior living facility proposed for the subdivision . Ms. Mikulak stated it will be operated by MorningStar, and it will have assisted living and memory care units. It is a private pay senior care facility. Ms. Heaton stated she understood that Clancy's is considered a landmark and asked if it has any protections. Ms . Reckert stated it has a great reputation throughout the metropolitan area , but a historic designation is typically for a building and the building is not historic. Ms. Heaton asked if copies of the site plans are available online. She stated her hope that 38th A venue west of Kipling is not widened because it would destroy the charm of the neighborhood. Ms. Mikulak stated the site plans are not online but are available in the Community Development office. There will be a lot of landscaping that will improve the aesthetics and support the character of the area. The design of the senior living facility will be residential in character. There are no plans to widen 38th Ave. in this area. Ms . Heaton asked how the additional traffic flow will be handled. Mr. Brink stated there will be various traffic improvements. There will be an acceleration/deceleration lane along southbound Kipling. The traffic lanes on 38th A venue will be reconfigured and realigned to accommodate a left turn lane into the site . The traffic study analyzed Kipling and turning movements in and out of the site, and the roadway infrastructure can handle the additional traffic. Access into the site will be controlled by new curb cuts. Planning Commission Minutes Aprill7, 2014 -4 - Vice Chair OHM closed the public hearing. It was moved by Commissioner DORSEY and seconded by Commissioner TIMMS to recommend approval of Case No. MS-14-01, a request for approval of a four-lot minor subdivision plat on £roperty zoned Commercial One (C-1) and located at the southwest corner of W. 38t Avenue and Kipling Street for the following reasons: l. All agencies can provide services to the property with improvements installed at the developer's expense. 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: l. Corrections regarding utility, drainage, and access easements be provided prior to the public hearing at City Council. 2. The typo on sheet 3 be corrected -tract A should refer to note 7. 3. The developer enter into a subdivision improvement agreement with required security prior to recordation of the subdivision plat. Commissioner WEAVER thanked everyone in the audience for attending. She encouraged the public to review the site plan with staff. She acknowledged that Clancy's is important to the community. She stated the subdivision is important and stated she supports the subdivision. Ms. Mikulak stated Planning Commission is making a recommendation and City Council will make a final decision at a public hearing on Monday, May 12. Motion carried 6-0. 8. OTHER ITEMS A. Ms. Mikulak stated the meeting scheduled for May I has been canceled. There will be a public hearing on May 15 for Planning Commission. 9. ADJOURNMENT It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to adjourn the meeting at 7:52p.m. Motion carried 6-0. Scott Ohm, Vice Chair Planning Commission Minutes Apri117,2014 Kim Waggoner, Recording Secretary -5 - TO: DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: City of \Vheat~ge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Planning Commission April17, 2014 MS-14-01 I 381h and Kipling CASE MANAGER: Lauren Mikulak Request for approval of a four-lot minor subdivision with right-of-way dedication on property zoned Commercial-One (C-1) LOCATION OF REQUEST: Southwest corner of 38m and Kipling APPLICANT(S): Millennium Venture Group, Inc. (MVG Development) PROPERTY OWNER(S): Multiple: Gendron Properties, LLC; Neil Kimmel ; TPR Acquisition Group , LLC; Peter Jacob Investments LLC APPROXIMATE AREA: 276 ,782 Square Feet (6.35 Acres) PRESENT ZONING : Commercial-One (C-1) PRESENT LAND USE : Retail sales and services, vacant commercial building ENTER INTO RECORD: (X) (X) CASE FILE & PACKET MATERIALS ZONING ORDINANCE (X) (X) SUBDIVISION REGULATIONS DIGITAL PRESENTATION LOCATION MAP Planning Commission Case No . MS-14-01 I 38'h and Kipling Attachment 3 Site All notification and posting requirements have been met; therefore , there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a four-lot minor subdivision with right-of-way dedication on property zoned Commercial-One (C-1) and located at the southwest corner of Kipling and W. 38th A venue. The property has never been platted , and the purpose of the request is to prepare four lots for commercial redevelopment. The plat is processed as a minor subdivision. In this case, because the subdivision includes right-of- way dedications , Planning Commission will make a recommendation to City Council which is the final authority for approval. Please note that the property is subject to several related and active applications that are not under consideration by the Planning Commission. These include the following : • A site plan review for development of a Sprouts Farmers Market on Lot 4 ; this is being reviewed administratively. • A special use permit and site plan review for development of a MorningStar senior care facility on Lot 1; this is currently being reviewed administratively, and a I 0-day public noticing period will determine whether this is approved by staff or by City Council. • Project financing and a redevelopment agreement for all four lots ; this will be reviewed by Renewal Wheat Ridge and City Council. While related , these applications should not affect the recommendation of the Planning Commission as related to the subdivision application. The purpose of the subdivision plat is to confirm property boundaries, access, rights-of-way, easements, and utility service to enable future development. II. EXISTING CONDITIONS The property is located at the southwest corner of Kipling and W. 38th A venue with frontage on five ublic streets: Kipling Street, W. 38th Avenue, Lee Street, W. 3th Place, and Kline Street 'Exhibit/, }4eria/ . The property is zoned Commercial-One (C-1 ), a zone district which provide for a wide range of commercial land uses including office, general business , and retail sales and service establishments . Land uses in the C-1 zone district are often supported by the community and/or entire region. The surrounding properties include a variety of zoning designations and land uses 'Exhibit 2 Zoning)_. Residential uses are located primarily to the west of the property and include single-, two-, and multi- family residences zoned R-2 and R-3. Commercial and public uses are located to the south , west, and east. Immediately to the south is a small office building zoned Restricted Commercial (RC). To the east is a restaurant and the City 's Discovery Park, both of which are zoned Planned Commercial Development (PCD). To the north is a dental clinic zoned PCD, vacant land zoned R-1 , and a fueling station zoned C-1. The total size of the subject property is 276,782 square feet or 6.35 acres. The site is comprised of four unplatted parcels , each of which is under separate ownership. The table below summarizes the existing uses on each parcel. Planning Commission Case No. MS-14-0/!38'h and Kipling 2 Pa1n:l I and l 'L' lm prP\ L'lllL'llh ( h~ CLIITL'lll addrc-....,) 1 0 1 0 1 W. 38th A venue Vacant multi-tenant building 27,000 sf structure-built in 1974 10050 W. 38th Avenue Thrift store 21,700 sf structure-built in 1967 3785 Kipling Street Dental office, hair salon 11,500 sf structure-built in 1961 3795 Kipling Street Coffee shop, hair salon 12,500 sf structure-built in 1975 The majority of the site is paved, and the existing development is nonconforming with respect to landscaping, streetscape, and architectural standards. The site has been subject of several code enforcement cases in recent years and is identified in the City's comprehensive plan, Envision Wheat Ridge, as a high priority redevelopment area. If the subdivision is approved, the applicant intends to scrape and redevelop the site in its entirety. The applicant is serving as the master developer and will be responsible for public improvements; development on each lot will be reviewed separately. Ill. PROPOSED SUBDIVISION PLAT Lot Configuration The site is L-shaped and the proposed subdivision plat will result in four development parcels: two smaller lots at the hard corner of 38th and Kipling, one larger lot along the Ki ling Street frontage, and another larger lot on the western part ofthe 38th Avenue frontage 'Exhibit J, Pro sed Plat. The C-1 zone district does not include minimum lot size and lot width requirements, however the development parcels do appear to be shaped and sized appropriately to accommodate future development. Public Improvements When new properties are created in the City through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway design and that they can accommodate the traffic that will be generated by proposed development. A traffic impact study was provided for the entire site. It projects traffic volumes and turning movements based on the proposed land uses (senior living, grocery, and small retailers). Based on the traffic study, the development is not expected to have an adverse impact on the local street network, but two roadway improvements will be required of the developer on the arterial roadways: construction of an acceleration/deceleration lane on Kipling Street and striping of a westbound left turn lane on W. 38th Avenue. Right-of-way dedications will be provided along these streets. In addition, where W. 38th Avenue and Lee Street are substandard, a narrow strip of right-of- way will be dedicated. These areas are identified as Tract A and are shaded on the proposed plat. The timing and responsibility of all public improvements, including new lanes and streetscape improvements, will be outlined in an agreement between the City and the developer. The agreement will be recorded with the final plat. Easements Standard utility easements are shown along the property lines for all four lots. Staff has recommended that the easements along Lots 2 and 3 be modified so as not to conflict with build-to requirements along W. 38th Avenue when these lots are developed. Any modifications to the graphic portion ofthe plat or the easements notes on sheets I and 3 will be made prior to the City Council hearing; this is recommended as a condition of approval. Planning Commission Case No . MS-14-0/!38'h and Kipling 3 The subdivision plat includes a blanket cross access easement that will allow shared use of all parking and drive aisles. The new development will need to consolidate the many existing curb cuts to improve safety and streetscape . Because the access easement spans the entire site, access points into the parcels are not show on the plat; these will be shown on the site plan applications in relation to building footprints and parking lots. Primary access points are proposed to include two curb cuts on Kipling and one on W. 381h Avenue ; secondary access will be provided on Lee Street and at the intersection ofW. 3th Place and Kline Street. The blanket cross access easement should not be interpreted to mean that a curb cut can be proposed anywhere along the perimeter of the property . To this end , staff has recommended that a note be added to the plat indicating that access shall be consistent with the approved traffic study any approved site plan . This is recommended as a condition of approval. Drainage A master drainage report was reviewed for the entire site. Water quality features will be provided on- site to treat stormwater. Because ofthe proximity to Lena Gulch , runoff will be conveyed to and discharged into the gulch . The drainage report has been approved by the Public Works Department and all required storm sewer and drainage easements are provided on the plat. IV. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat regarding the ability to serve the property . The developer will be responsible for any needed upgrades to accommodate the proposed development, and the applicant is in direct contact with the appropriate utility agencies. Specific referral responses follow. Wheat Ridge Public Works: The plat and supporting technical documents have been reviewed and approved. Renewal Wheat Ridge: No conflict with urban renewal plans. Wheat Ridge Fire District: Can serve. Westridge Sanitation District: Can serve. Consolidated Mutual Water District: Can serve . Xcel Energy: Can serve. Colorado Department of Transportation: No concerns. Comcast Cable: No comment. Century Link: No comment. Planning Co mmission Case No . MS-1 4-01 I 38'h and Kipling 4 V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed minor subdivision plat is compliant with the C-1 zone district regulations and results in a logical lot layout for the proposed future development. Staff further concludes that the subdivision plat complies with the standards in Article IV (subdivision regulations) of the zoning and development code and that all utility agencies can serve the property with improvements installed at the developer's expense. For these reasons, Staff recommends approval of the plat with the conditions listed below. V. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. MS-14-0 1, a request for approval of a four-lot minor subdivision plat on property zoned Commercial-One (C-1) and located at the southwest corner of W. 38th A venue and Kipling Street, for the following reasons: I. All agencies can provide services to the property with improvements installed at the developer's expense. 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. Corrections regarding utility, drainage, and access easements be provided prior to the public hearing at City Council. 2. The typo on sheet 3 be corrected-tract A should refer to note 7. 3. The developer enter into a subdivision improvement agreement with required security prior to recordation of the subdivision plat. Option 8: "I move to recommend DENIAL of Case No. MS-14-0 1, a request for approval of a four-lot minor subdivision plat on property zoned Commercial-One (C-1) and located at the southwest comer of W. 38th A venue and Kipling Street, for the following reasons: I. 2. 3. " Planning Commission Case No. MS-14-01 I 38'h and Kipling 5 EXHIBIT 1: AERIAL The subject property is located at the southwest corner of W. 38th Avenue and Kipling Street and is highlighted in blue below. Planning Commission Case No . MS-14-01 I 38'h and Kipling 6 EXHIBIT 2: ZONING MAP Planning Commission 7 Case No . MS-14-01 I 38'h and Kipling OWNER'S CERnF'ICA TE: 11£. llll..lDHUII \EHTUII£ GROUP, INC., A DElAWARC CORPORA TIOH 9EJHC 7H£ OM€1! OF ~ Pf10Pf11TY CCHTAJM«; IllS ACRES OfSalliiED AS FDU.OII'S: A PARCEl. OF I..AHO 8E/HG THE ~ F'OVR PARCEl.S AS OfSalliiED UHOOI R£CEPTIOH No. IU147N2. Ftll5a8N. F212mltl AND nSJOe.fJ OF 7H£ II£COROS OF THE CXIUHTY OF .EFFFRSON, SITI/A 1[ IH THE NORTHEAST OU.AIIT£11 OF SECTIOH 2!, Tr:IWNSHP J SOUJH, RNIC£ ee II£ST OF THE SIXTH PffiHCII'~ IIER'I1tAN, CITY OF lt£A T R10CC, CCUHTY OF .EFFFRSON, STAT[ OF COlORADO 8E/HG AIOR£ P.AIITIClltARlY OfSalliiED AS FDU.OII'S: COtlliiEHCIHC AT THE NORTHEAST CORHfJ! OF SAil SECTION 2«: TH£NC£ S00'12'l8"t ~ONC THE EAST UN£ OF SAil NORTHEAST OU.AIIT£11, A DISTANCe OF .0.00 F£CT; TH£NC£ SIWU'50"W ~ONC A UN£ P.AIIAUEL MJH THE NOR!H UN£ OF SAil NORTIIEAST OU.AIIlEII. A DISTANCe OF .0.00 10 A POINT ON THE IIES'T !liGHT-OF-WAY UN£ OF NOR!H ICIPUHG STifEET AS II£CCROED 1H 9001C 2444 AT PAC£ J78, SAil POINT 8E/HG THE POINT OF I1£GIIHNC; TH£NCf: ~ONC SAil IIES'T !liGHT-OF-WAY UN£ OF NOR!H ICIPUHG STifEET AS II£CCROED IH 900IC 2JII3 AT PAC£ 7JI, 900IC 2128 AT PAC£ l57 AND 900IC 2Jn AT ':t~;.J:T n: ~'= ~ ls::e5 rx:tff: THE FDU.OMWC THREE (J) C001!SES 2) TH£NC£ SIW,2'50"W A DISTANCe OF S.OO F£CT; J) THE:HCE S00'12'l8"t A DISTANCe OF 4.15.78 F£CT 10 A POINT ON THE SOU!H UN£ OF THE NORTIIEAST OU.AIIT£11 OF THE HORTIIEAST QU.AIIT£11 OF SAil HORTIIEAST OU.AIIT£11 OF SECTIOH 2«: THE:HCE S llf1,4'4J" W ~ONC SAil SOUJH UH£. A DISTANCe OF 28s.IO F£CT 10 A POINT ON THE EAST !liGHT-OF-WAY UN£ OF NOR!H KUH£ SlRar. SAil POINT 9EJHC 20.00 F£CT EAST AS II£ASUIED PCRPCNDICI.JLAR 10 THE IIES'T UN£ OF THE EAST HALF OF SAil NORTIIEAST OU.AIIT£11 OF THE NORTHEAST OU.AIIT£11 OF SECTIOH 2«: THE:HCE HOO'IJ'24"11' ~ONC A UN£ 8E/HG 20 F£CT EAST AND P.AIIAUEL MJH SAil II£ST UH£. A DISTANCe OF JI0.80 F£CT 10 A POINT ON THE NOR!H !liGHT-OF-WAY UN£ OF IIES'T J7JH PI.ACf: AS R£0CWJEI> 1H 900IC 157e AT PAC£ 2M OF THE R£CQIIl)S OF SAil COIM1'l: THE:HCE ~ONC THE NOR!H !liGHT-OF-WAY UN£ OF SAil II£ST J7JH PI.ACf: THE FDU.OMWC TIIO (2) COOI!SES I) Sllf112'50'W ~ONG SAIO HOR!H RIGHT-OF-WAY IJH£, A DISTANCf: OF JIS.CU F£CT 10 A POINT OF CUIVA !tAl£: THE:HCE 2J. n F£CT ~ONC THE .ARC OF A CUI\£ 10 THE !liGHT, HA \liNG A RADIUS OF IS.OO FEET, A ctHII!AI. ANQ.E OF ller.D'OO' AND SIJ8TfNDIHG A CH0R0 B£ARIHG OF 1145'30'40"11' A CHORO DISTANCe OF 21.JI F£CT 10 A POINT ON THE EAST RIGHT-OF-WAY UN£ OF NOR!H lEE S!Ra7. 8E/HG 20.00 F£CT EAST AS II£ASUIED PC1IP£NDICI.JLA 10 THE II£ST UN£ OF THE II£ST HALF OF SAil NORTHEAST OU.AIIT£11 OF THE HORTIIEAST QU.AIIT£11 OF THE NORTHEAST OU.AIIT£11 OF SECTIOH 26; THE:HCE H00,4'10"11' ~ONC SAil EAST RIGHT-OF-WAY UN£ 9EJHC 20.00 F£CT EAST AND P.ARAUEL MlH SAil II£ST IJH£, A DISTANCe OF JOfi.IJ7 F£CT 10 A POINT ON THE SOU!H RIGHT-OF-WAY UN£ OF IIES'T J/JJH A \EM£ AS R£0CWJEI> 1H 900IC /J44 AT PAC£ J7ll. 900IC e57 AT PAC£ 52J AND R£CEPTIOH No. tJeOII8522 OF THE R£COROS OF SAil CXIUHTY, SAil POINT 8E/HG Jo.OO F£CT SOU!H AS II£ASUIED PC1IP£NDICI.JLA 10 THE NOR!H UN£ OF SAil NORTHEAST OU.AIIT£11 OF SECTIOH 26; TH£NC£ HIJI1U'50T ~ONC SAil SOUJH !liGHT-OF-WAY IJH£, 8E/HG Jo.OO F£CT SOU!H AND P.AIIAUEL MJH SAil NORJH UH£. A DISTANCe OF SO.IlO F£CT 10 A POINT, SAil POINT 9EJHC THE NOR!HII£ST CORHfJ! OF SAil 900IC 2444 AT PAC£ J78 OF THE RCCOROS OF SAil CXIUHT'I: THfHCf: 545'211'54T ~ONC THE SOU!HIIES'mll. Y UN£ OF SAil 9001C 2444 AT PAC£ J78, A DISTANCe OF 14.07 F£CT 10 THE POINT OF BECIHHING, CCHTAJM«; 278782 SOUARC F£CT OR IllS ACRES AIOR£ OR LESS. HA\£ I.A/0 OUT, SIAD\OIDED AND PI.ATJED SAil I..AHO AS P£R THE ORAIIIHG H£11£0N CCHTNHED UH001 THE HAll£ AND sntE OF 11\C IIARKCTPU.Cf: SIADIISIOH rtJIIG HO. I, A SIADIISIOH OF A PART OF THE CITY OF lt£AT RIOCC. COlORADO AND BY THESE PR£SEHTS 00 llEDfCAT[ 10 THE CITY OF lt£AT lfl{)(iC AND THE PUaJC THOSE PORTIOHS OF~ Pf10Pf11TY SHOIIN AS RIGHT-OF-WAY. AND 00 FVRTHER llEDfCAT[ 10 THE CITY OF lfiEAT lfl{)(iC AND THOSE IIUHICIPALLY OIINED AND/M IIUHICIPALLY F'IWICHSED UTI.ITIES AND Sll!la'S THOSE PORTIOHS OF ~ Pf10Pf11TY SHOIIN AS EASEWEHTS F'OR THE CCHSTRUCTIOH, IHST~TIOH. OPOIATIOH, IIAIHTDINIC£. REPAIR AND REPLACEJICHT F'OR ALL Sll!ltaS. TitS IHQ.U0£5 BUT IS HOT I.MJED 10 TElEPHOH£ AND ElECTRIC UHES, GAS UHES, WA 1£11 AND SAil/TAllY S£1IE1f UHES, HYDRANTS, STtJI!ol WA 1£11 SYSlDIS AND PfP£S, OCTEHTIOH PONDS, STifEET UGHTS AND ALL APPUIIT£HAHCCS lHflllaD. STAT[ OF COlORADO ~ SS CXIUHTY OF .EFFFRSON 5 THE F'ORCGOIHG IHS7IMIEHT WAS ACI<HOliUDG'll> B£FOR£ IIC !HIS _ DAY OF AO. 2014 BY ______________ _ MTNESS IIY HAND AND OffiCIAL SEAL IIY COIAIISSION ~ HOtARTW COTTOWIWOOID SURYEY.G A~ AS SOCIA 'll'l!S, IMC. P.O. BOX 694, STRASBURG, CO 80136 (303) 549 7992 [M]\YJ@ ~~[R1~~1J[F)[6~~~ ~lUJ~[Q)U\YJU~U©~ ~U[LU~@ ~©c ~ A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO ~ 1 ~ GENERAL NOTE:S SHEET 1 OF 3 1-l'O w. .UJH ... ~ ~ ~ W. JIJJH A\£ !~ ., ~ If. J21')ol A\£ WCINITY MAP H.T.S. I. SHfET 2 OF TitS P1.A T SPECIFIES THE DIISTIHG PARCEl. 8DIJHD.AIIY UH£S 10 8£ I!DIOI£D AND DIISTIHG EASEWEHTS 10 8£ VACIJED BY TitS P1.A T. 2. SHfET J OF TitS PlAT SP£CifiES THE PROPOSED LOT UH£S AND H£W EASEWEHTS H£R£BY CIIEAJED AND THE PROPOSED !liGHT-OF-WAY H£R£BY llEDICAJED, BY !HIS PlAT. J. ALL EASEWEHTS 110171flED ON !HIS PlAT AS 8E/HG 'HEII£8Y VACAJED' SHALL FOI!£II£JI 8£ VACA JED, -A JED AND EXTIHGUISHfD IJPOH THE RCCOROATIOH OF !HIS PlAT MJH THE .EFFFRSON CXIUHTY aD11C AND RCCCRDCR"S ClfflC£. 4. STR££T ACCESS FIIOII P£l!ltiC1E1I STR££TS SHALL 8£ SHAR£0 AIIONC ALL LOTS AND SHALL 8£ COHSIST£HT MJH THE a.\118 aJTS APFROI£D ON THE SIT[ PLAN P£R CASE HO. liSP-14-01. CROSS ACCESS EASEMENT THE OM6! OF LOTS I, 2. J, AND 4 OF 11\C IIN!IC£TPtACf: SIADIISIOH rtJIIG HO. I, liS svcassORS, AND ASSIGWS. GRANTS A HOH-E:XCWSI\£ EASEWEHT F'OR I'ED£SlRWI AND lfiHCI.JLAR ACCf:SS ACROSS THE PARIOHG .AII£AS, AND ORI\£ A/SUS or LOTS I, 2. J. AND 4 or 11\C IIN!IC£TPtACf: SIADIISIOH F1.1HG HO. I. EASOIENTS EASEWEHIS ARC H£R£BY GRAHJED ON PRIVA 1[ Pf10Pf11TY AS SHO'IIIH ON THE P1.A T. THESE EASEWEHTS ARC OEDICIJED F'OR THE IHST~ TIOH, IINHT£HAHC£. AND REPLACEJICHT OF rut:JRIC, CAS. mEWSIOH CABLE. ORAIHAC£ AND lEl£C(JIM.IHICA TIOHS F'ACI.Jtn UTI.ITIES SHALL ALSO 8£ PO!tiiT!ED Mrn.l ANY ACCESS E45DifHTS AND PRIVA 1[ S711£E1S IH THE SIAD\ISIOH. P£1!11AH£HT STRUCTUII£S AND WA 1£11 II£1£1IS SHALL HOT 8£ PO!tiiT!ED Mrn.l SAil UTIJTY EASEWEHTS. STORM DRAINAGE EASOIENT THE STtJIIol ORAIHAC£ F'ACIJTIES Mrn.l THE AREA lfER£IH SHO'IIIH AS "STtWWII SE11E7! EASEWEHT' SHALL 8£ CCHS!IIIICJED AND IINHTNHED BY THE OM6! AND SUIJS[QJEHT ~ 101$, SUCCESSOI!S AND ASSIQtS. 1H THE nt:HT JHA T SUCH CCHSTRUCTIOH AND IIAIHT£HAHCC IS HOT Pf1IF'ORIIIED BY SAil OM6!, THE CITY or lt£A T lfl{)(iC SHALL HA \£ THE RIGHT 10 ENT£11 SUCH AREA AND Pr1!FORII HECESSARY lllliiJ(, THE COST or rHCH SAil OM6!, 101$, SUCC£SSQIIS, AND ASSIGNS AGfi£ES 10 PAY. HO B/JIU1ING OR S!III/CJL\11£ MaL 8£ CCHSTRUCJED IH THE OCTEHTIOH AREA AND HO CHAHC£S OR ~ 1£1IA TIOHS AFF£C1IHG THE HYDRAUIJC CH.ARACltRIS1ICS OF THE OCTEHTIOH AREA MaL 8£ IIADE MJHOUT THE AI'PIIOV~ OF THE IJIII£Cltl'l OF PtlllliC IIQIICS. S! II ~ I I PLANNING COI.fMISSION CERnF'ICA nON CITY CERnF'ICA nON N'f'ROI£D TitS-DAY OF----~ 2014 BY THE lt£AT lfl{)(iC CITY C011HC1L. dif dli8t DAM etWNN bl\tltMID'f Dldtttll WtitM tf PiAIJe MJCkS SURVEYOR'S CERnF'ICA TE: ~ ~ J. I'OHSE1IEIJ.A 00 H£R£BY C%1!TIFY JHA T THE SUI\£Y OF THE SQJNOARY OF 11\C IIN!IC£TPtACf: SIADIISIOH rtJIIG HO. I WAS IIAD£ ~~~ 'ti:~ =~ = ~~ IIY ICHOIIUDGE; COI.OI!ADO STATI/T[S, CIJRII£HT R£wsm EDITIOH AS NENDED, THE ACCCIIPANYIHG PlAT Aca.or!A1EI.Y I!O'fi£SEHTS SAil SUI!\£Y. HNMD l f5ti&M1IA 1U 21188 COUNTY CLERK AND RECORDERS CERnF/CA TE: STAT[ or COlORADO ~ CXIUHTY or .EFFFRSON 5 I H£R£BY C%1!TFY !HAT !HIS PlAT WAS FUD 1H THE omcc OF THE CCUHTY aD11C AND R£CXRJER or .EFFFRSON CXIUHTY AT GOUl€H, CQ.ORAOO, AT _O'Q.OCIC ~ II. ON THE_ DAY OF -------2014 AD .. 1H 900IC ---PAC£~ RECEPTIOH HO. ------ B~------- RE\ISIONS NO. DESCRIPllON CASE HISTORY I. Rf'ASEO P£11 CITY COIIIIENTS IIS-14-01 I 2. Rf'ASEO P£11 CITY COIIIIIENTS liSP-14-01 J. RE:VIsrn P£11 CITY COIIIIIENTS 201J-14 DES. BY ORN . BY ioATE PONS J-15 14 PONS 4-7-14 PONS ls-1 14 UNPLATTED UNPLATTED ZOH£D ., lOHlD RJ "-... a ~~ i_, ~ LOT 1 ~~ WHEAT RIDGE 00 DENTAL GROUP g~ ZOH£D """ UNPLA TT[D LOT 1 CONSOL/DA 170N PLAT AMOCO STA 170N No . 5215 ZOH£D Cl LOT 1 CIRCLE K SUB. FLG #1 ZOH£D Cl Nl/4 COR. ,.,. HAI.,it>SI< _____ LC>:"'L-------...:'M'"""""i<iru~kUifj;:-_:ZOH£D=...::RJ:._ __ L ____ :2w.~.U:-: ~~ J~l/4" ALUM --'---':=.:¥':" ~'EST J87H AV[NU[ ~z~ /SEE OCTAl. "A" CAP LS IJ212 IN 1,.,..,.. all! 011 ...C (ROW R£CP. No. 116096522. BK. 857 ~!:--~J. BK. 844 PC. J78) PC. J>t / MOH. BOX LS ZtJU S8912'50"W 2642.06'tRJ 2642.11'(M) ---~~----4f-Tf---f"'ll ---41Q----4,..----r-JL------~----:l:·~iO:Zif'---.. ~~< ~~ 28 JJ0·26' ~ ~IP 0 C 1! 1 ~ ... ,.,............. l! > ••• 'I rt/ """' l'tAS1IC ~ N£ COR. I! ~ _ U< ,. ... ,. .1£ N89"12'so·E 590.50' CN' ... 2tJU • S£c. 28 ---- ._.1).49. II 4,5.00'1 105.01 tJ; ~ FHO J-1/4" ALUM 1\ ~. ~~212 IN LOT 2 ~W@ ~~~~~IJ~[L~((;~ ~(UJ~[Q)~\'§~~~(Q)~ (F~(L~~@ ~(Q)c ~ A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 3 II f8 PARCEL 4 . ~ ~P.O.B. .381H&KIPLING ~ "' I ~ (Dml -L. HOIEll: ~ :;, ·~"! ~ .. T PARK SUB : ~ ~ 11D10G IIY IHS PUI) ljl ,.£-LS zo,U r""'' ZCHfD Cl " 8 ~~8 .. ""..:=.IW" ~ . -,~ ~Jf· EXISTING PARCELS ~~~II ~ lt~as~~-:e:r· . IS; ... Wr :~r ii.... ~ !:: ~ s 8912'50., w ~s.o1 ~ L PARCEL 2 ~~~II l~ ~~~~ _AI.u ~ .. :z:. !~ ~ IlK t_fl'O ,., ~~ ... Kll'tiC Sl c-: ~:!J: I ~~~~\~:u::::~ ~~~ ~-:e:r ~ , .. "li'ff.~' . PARCEL J ~ I ----~ ,. IIWS ~ I fS' 111 ASP'HALT S 8912'50" W 115.01' l/40.oo' LS .,,.. N8912'50"f: 110.18' rNDNo. f _/ ~ T" . ~·w .... 0 ...J LOT 18 VALLEY VISTA ZOH£D R-J S 8914'43" W .3JO. II'(C) ------ Cl/4 COR. S£C. 28 FHO J-1/4" BRASS CAP LS 24692 IH MOH. BOX l -- COTTOIHIWOOID SURYIEY.G £MD AS SOCIA '11'1!8, IHIC. P.O. BOX 694, SlRASBURG, CO 80136 (303) 549 7992 Z7~~TIC ll CAP LS ,., 12 I r:L ~ ~~~~~ ~~ '~~ i~~ ~ LOT 1 ~ ") 11 i . ~ ~ ,. ... ·"' .., ... 8 "' (oa:D UN£ HER£BY RDIO'o£D BY THIS PU. 7) PARCEL 1 ....... rt;t» LS 22llH O.Of'W It 0.02"$ ¥1"!/tPWt. ~=--~·' .., ......... :r - - 5.00 ..... ~ ~ ~ I'~ ~~ "" ~ ~ b ~tl <>I .. ~ !1 g~ r-1 . ~l::: {/) 8 ~ ll: i::!c..:> {/)~"'~ ~~ :::: l"c.. ~~ { ~52 "~ i ~ ~ ~ ~ ... ~j § ~ "ii I FHD No. 4 ------'---'-__.-::::--::-:---~ ~ ..... ltCI/4 ltCI/~ S[C. .. • ~ ......... $ 89"14 43• W 265.10' FHD No. • -~«Y ....... rt;t» LS 2201>< CL20"W. O.ot'H LOT 1-A .....,. rt;t» l ELLER SUBDIVISION :;',::'!' O.OI'N I lOHCD R-C ____ _.A $ IN N£J/4JU.JI -- . V 589'20'22"W 26J7.25'(R) 26J7.22'(M) £1/4 COR., S£C. 28 FHO J-1/4 • ALUM CAP LS IJ212 Ill MOH. BOX ai :::> {/) ~~ Q:Q: <(<( c.. c.. -c..:>>-~ t-:c:n:~ 3::J~ ~0"' ~(.) ~~ ~ co ...., 0 ~ ' /ROW TRIANGLE S. ROW LN. BK. 244-4 PC. J76 W. JBTII AI£ i---PRO.ECT No R61l0-274 ., P£1!MAN£HT £AS£M£HT ~ No. PE-l -RECP. No ~ 2005122080 i P.O.B. 3 ;o ~ DETAIL •A• !>: SCALE I" a 10' LEGEND (R) INDICA T£S R£CORO INroRIJA TIOH (M) INDICATES M£ASUR£D INFORI.IA TION (C) INDICA T£S CALCUU. T£D IIIFORMA TIOH BAR SCALE m ~~~~~AgJ,.•A• RIGHT-OF-WAY 25 50 100 Scale 1" • 50' S INDICA T£S S£CTIOH / OUART£R CORII£11 MONUM£HT AS 0£5CRIB£0 e INDICA T£S FOUND MOHU.,£NT AS O£SCRIB£D ---------~c;;"Jf~:~TIOH ANO 0UART£R ---------INDICAT£S PROPUITY /lOT UN£5 INDICA T£S (AS£M£N T UN£ I CASE HISTORY M5-l.f-OI WSP-I.f-01 201.J-14 R£\IISIONS NEI/4 SECTION 28 DETAIL SCALE I"= 500' NO. DESCRJPTIOH I . RF:'AS£D P£11 OTY CCIJM£HTS DES. BY DRN . BY ~ATE POHS J-15-14 POHS .f-7-H POHS 5-1-14 ~ ,..; ., 00 "' UNPLATTED lOH£D Rl N!/4 COR. sec. 28 FND J-!/4 • ALUiol CAP LS 1J212 IN WON. BOX ~ J: ~11: ~~"' .... z::i 0 -.J ~-.. gs 11: ~ 't i "' .... ~ .,. .. 0 -.J ~ ., .. ~I UNPLATTED lOH£D Rl LOT 18 LOT 1 ZONED C-1 10100 W. JIJTH AlE 2.~ AC. g9725 S.F. LOT 1 WHEAT RIDGE DENTAL GROUP lOHE1J f'CI) W. JTTH PLACE BK. 1579 PC 296 LOT 1 VALLEY VISTA ZDNE:O R-J S 89H'4J" W JJO.II'(C) C!/4 COR. SCC. 28 FND J-!/4 • BRASS CAP LS 246g2 IN IJDN. BOX ------ l COTTOIHIWOOID SURYIEYIIMG £MD £880CI£ TI!S, IIHJC. P.O. BOX 694, STRASBURG, CO 80136 ( 303) 549-7992 UNPLATTED LOT 1 CONSOLIOA nON PLAT AMOCO STA nON No . 5215 LOT J ZilNED C-f .J7II5 II1I'UHQ 0.56 AC. 2-uJJ S.F. TOTAL AREA 276782 S.F. 6.J5 AC. II~ :E: ::~ .... LOT_. ZOHCD c-1 S7:I!S II1I'UHQ 2.47 AC. 107421 S.F, A. s t H. NE'f/4~ -----· V S89"20'2.2"W 26J7.25'(R) 2637.22'(1.1) l!sl :E:I::J I g~ t't:: tl) E:!/4 COR., sec. 28 FND 3-!/4" ALUIJ CAP LS 1J212 IN IJDN. BOX d:l~ ~ ;~ ~sc "' ... ~ LOT 1 CIRCLE K SUB . FLG #1 lOH£D Cl lOH£D Cl ai ;:, tl) ~~ Q::Q:: <{<{ a.. a.. -<..:>>-~ >-z!l::i g:::;~ Q,O"' ~(.) ~)g ~ 00 .., 0 ~W@ ~~lR1~~1J[p)[L~~~ ~lUJ~[Q)~W~~U(Q)~ (FU[L~~@ ~(Q)D 11 A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, PRO.X:CT No R60D-274 PE:RIJANE:NT fASCI.IfNT No. PE:-1 RE:CP. No 2005122080 P.O. B. DETAIL •A• SCALf 1" = 10' STATE OF COLORADO SHEET 3 OF 3 TO BE PLATTED NOTE:S: I . THIS SUR\0' OOfS NOT CONSTITUTE A TITLE SEARCH BY cs.tA. INC. TO DfTE:RioiiNE: OWNERSHIP OR EASCI.IfNTS OF RECORD. FOR ALL INFORIIA TIDN RE:CARDINC E:ASCIJE:NTS. RIGHTS-OF-WAY. AND TITLE OF RE:CORD, CSotA, INC. RElJE:D UPON COIJIJITIIE:NT NO • AB.I70J9J418 BY LAND TITLE CJJARANTE:E COMPANY, UF<CTI-.£ OATE OCTOBE:R 1, 201J AT 5:00 P.IJ., A8~92.2 BY LANO TITLE CJJARANTE:E COIJPANY, UF<CTI-.£ OA TE .AJNE: 24, 201J AT 5:00 P.IJ., ABJlOJ97564 BY LAND TITLE CJJARANTE:E COIJPANY. UF<CTI-.£ DATE NOIUIBE:R 21, 201J AT 5:00 P.IJ. AND NCS-65J6DO-CO BY FIRST AIJE:Ric.AN TITLE INSURANC£ COIJPANY -NCS, UF<CTI-.£ DATE FEBRUARY 6, 2014 AT 5:00 P.IJ. 2. NOTIC£ -ACCORDING TO COLORADO LAW. l"'U I.IUST COIJIJE:NC£ ANY LE:CAL ACTION 8ASEO UPON ANY DE:ffCT IN THIS SUR\0' WITHIN THRE:f l'£ARS AFT£R l"'U FIRST DISCO-.t'R ~ DE:ffCT. IN NO n£1/T lolA Y ANY ACTION BASE:D UPON ANY DU'fCT IN »>lS SUR\0' BE: COIJIJE:NC£0 WORE: THAN IDI YE:ARS FROll THE: DATE OF TH( CE:RTIFICA TIDN SHOWN HE11£DN. J. BASIS OF BfARINCS IS BASE:D UPON THE: fAST UNE: OF THE: NORTHE:AST OUARTE:R OF SAID SECTION 28 AS SHOMH DN TH( aTY OF IIHEA T RIDGE CONTIIOL DIACRAIJ IIHICH BfARS S00,2'JB"f 8£/NC I.IDNUIJE:Nm> AT THE: NORTHEAST CORNER AND THE: SOUTHIIEST CORNER OF THE: NORTHEAST OUARTE:R OF SCCTIDN 211, T.Js., R.69W. OF TH( 6TH P.IJ., AS SHOWN DN HE11£DN. STORM SEWER LINE TABLE 4. PfR COLORADO Rn!SE:D STATUTES SCC. JB-51-106(L). ALL LINE:AL UNITS DE:PICm> DN THIS LAND SUR-.t'Y PLAT ARE: U.S. SUR-.t'Y FEE:T. CINE: IJE:TE:R E:OUALS J9.J7 DI~D£1) BY 12 U.S. SUR\0' FrrT ACCORDING TO THE: NA TIDNAL INSTITUTE OF STANDARDS AND TECHNOI.OCY. LINE DISTANCE Ll ...... lZ Z10.1J' u ut.ar " ...... l$ 7.11 ' '" 12.11' t7 ... r '" 1.5.82' LJ .. oo · LIO of 7.e4' Lll ""'00' LIZ 14..2of' LIJ ... .,. Ll• 1.50' ~ BAR SCALf 25 50 Sc:cie 1· • 50' BEARING S otnof'IO• C HOO"OO'DO'[ s o.T4a'.51· c s 57'01'45 . c S OO'Sf'M• W s oo~·zt · w HSOO'OO'oo·w s ocrrn•· c $ .,., • .,. c s Of '44'ft• .. s N1J'..a· c H OJ'SI'51· r H Of'OJ'17" C H ocrst•ze· c LINE DISTANCE Ll5 Ll. LIT Lll Lit LZO lZI 1.22 LZJ , .. lZ5 lZO LZT LZI lZt LEGEND (R) (1.1) (C) 15.1.3' 17.00' ""'00' 87.()()' 107.0J' •.s.rJ' X. II' 14.0' lUI' .... ... 15.65' •o.JJ' ,,., . ""'00' ...... BEARING NlJOW'DO'[ NlJOW'DO'[ NOO'OO'DOT stow·oo-w SIO'OO'o01ir H 570CS'45"' W H o.:J'-48'.51 • W HOJ"4.8'51S·w s ene·u · c $ 8d11'.2r £ H OJ".._,'J8"' C S D1Z'!O• W NlJOW'DO'[ HtOW'OO"[ s ocrst•n• w 100 ~ ~ INDICATES RE:CORO INFORIJA TIDN INDICATES IJE:ASURE:O INFORIJA TION INDICATES CALCULI. 1£0 INFORIJA TIDN INDICATES TRACT "A" RIGHT-OF-WAY (ROW) DE:DICA TIDN INOICA TES SCCTIDN I OUARTE:R CORNER IJONUIJE:NT AS OE:SCRIBE:D e INDICATES FOUND IJDNUIJE:NT AS DE:SCRIBE:D INDICATES SECTION AND QUARTER SCCTIDN UNE:S INDICATES PROPERTY I LOT UNE:S INDICA TfS fASCI.IfNT UNE: 5. THE: C£00E:TIC POINT COORDINATE DATA SHOWN HEREJN HAS 8fiN DfR/1£1) FROIJ THE: NAD 8J HARN STATE PLANE: COLORADO CE:NTRAL FIPS 0502 COORDINATE S'ISTDI, AND HAS A HORIZONTAL ACCURACY Cl.ASSIFICATION OF 0.07 U.S. SUR\0' FE:E:T AT TH( 951f CONFIOE:NC£ LOn. AS DUINED IN THE: G£0SPA TIAL POSITIONING ACCURACY STANDARDS OF THE: FmfRAL G£00£TIC CONTROl. SUBCOIJIJITTE:E (FGDC-STD-007.2-199/l). 6. ALL DISTANCE: FOR TH( ATTACHED PLAT ARE: SHOWN USING (GROUND) IJODIFIED STATE PLANE: IJEASUROIE:N Ts. THE: CURROIT aTY DA TUIJ COORDINATE Sl'S!DI USE:D IS A CROUND-BASE:D IJODIFIE:O FORII OF TH( NADBJ/92 STATE PLANE: COORDINATE S'I'S!DI, COLORADO CE:NTRAL ZONE: 0502. -.t'RTICAL OA TUIJ: NORTH Al.lfRICAN -.t'RTICAL DA TUIJ OF I 988 (NA ~). CROUNO TO GRID COIJBINE:D sc.ALE: FACTOR IS 0.999747IJOJOO, sc.ALE:O FROIJ THE: BAse POINT PHAC I (PERIIANE:NT HIGH ACCURACY CONTROl. POINT #I) HAVING THE: FOLLOWING NADBJ/92 STATE PLANE: COORDINATE:$: PHAC1 : NORTHING: 1701258.75, fASTING: J118217.51!, El£VATIDN: 5471 .62. 7. TRACT "A" IS HER£BY DEDICA1£D AS A PUBUC RIGHT-OF-WAY BY THIS PLAT. 8. fASCI.IfNTS ARE: HEREBY CRANm> DN PRIVATE PROPERTY AS SHOWN DN THE: PLAT. THE:SC EASCI.IfNTS ARE: DEDIC!. 1£0 FOR TH( INSTALLATION, IJIIJNIDIANC£. AND REPU.CDIE:HT OF El£CTRIC. CAS, Tfl.E:VIS!DN CAB1L ORIIJNAG£ ANO TEl.E:COIJIJUNICATIDNS FAOOTIE:s. U!IUTIE:S SHALL ALSO BE: PERMITTED WITHIN ANY ACC£SS fASCI.IfNTS AND PRIVATE STIIE:fTS IN THE: SUBDI~SIDN. PE:RIJANE:NT STRUCTURES AND WA TfR IJE:TE:RS SHALL NOT BE: PE:RIJITTED WITHIN SAID UTIUTY E:ASCIJE:NTs. STAll: OIY ,.... QRO NJX .... ...... _,_ ......... _,_ .... .... HDCHT Cl/• U-G IIJOO ,_..,.. Jl07700.»N 10.30m.I77J 1078&f.t7tl7 541J.f4 II£ COR ·~ ,..., IIOSJ<.l-Jlt»717.00J1 7057TJ.7JJI ltQ51t.414t s-.., n;• IJ-C ,,_ 1102UJ.058f .JI017JI.712t 10JIUU77S U05Zf.Zota ........ HI/• n-J ,.,., 1105.J07.2IUI l017085..,, J '1051S1.411U 107811.8417 ......... Rn!S1DNS NO . DESCRIPTION OE:s. BY DRN . BY DA 1£ CASE HISTORY PONS J-15-14 PONS 4-7-14 p s 5-1-14 ..,.~A~ -~ r-City of • :P'WheatRi_dge ITEMN0:2 DATE: May 12 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2014 -AN ORDINANCE APPROVING AN AMENDMENT TO THE YOUNGFIELD PLAZA PLANNED COMMERCIAL DEVELOPMENT (PCD) OUTLINE DEVELOPMENT PLAN (ODP) TO ALLOW MARIJUANA RESEARCH AND TESTING ON PROPERTY LOCATED AT 3924-4096 YOUNGFIELD STREET (CASE NO. WZ-14- 04/RMBI) 0 PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS ISSUE: ~ ORDINANCES FOR 1ST READING (5 /12/2014) 0 ORDINANCES FOR 2ND READING (6 /9/2014) ~ YES D NO Ci ~ The applicant, Rocky Mountain Biosystems , Inc. (RMBI), requests approval of an amendment to a Planned Commercial Development (PCD) Outline Development Plan (ODP) for property located at 3924-4096 Youngfield Street to allow additional uses on the property. The additional uses proposed are marijuana research and testing. No physical changes are proposed for the property. The existing ODP is comprised of9.7 acres and contains two structures with 130,000 square feet of building area. The applicant has been operating at this location for the past eight years , conducting other research and testing activities. The Planning Commission will be reviewing this request at a public hearing to be held on May 15 , 2014. Case No. WZ-14 -04/RMB I Council Action Form May 12 ,2014 Page2 PRIOR ACTION: There has been no prior action. Plruming Commission will hear this request at a public hearing scheduled for May 15 , 2014. The staff report and meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: Fees in the amount of$1,375 were collected for the review and processing of Case No. WZ-14-04. If the proposed amendment is approved , there could be an advancement ofthe City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: Subject Proper ty The subject parcel is located at 3924-4096 Youngfield Street, in the western portion of the City. It is zoned PCD , is comprised of9.7 acres and has street frontage on Youngfield. The applicant's current laboratory operations occupy three units (9 ,000 square feet) in the easternmost building. According to Jefferson County Assessor's records , the structure is listed as an office/warehouse. The applicant is a biomedical company that conducts research and development of medical devices , surgical technologies , and pharmaceutical and vaccine delivery . The applicant wants to expand their services to include marijuana testing and research. Surrounding Land Us es The surrounding properties have a mix of office/warehouse, open space and residential uses . To the north is property zoned PCD and part of the Youngfield Plaza Subdivision. Immediately to the west is the 1-70 corridor. Further to the west across 1-70 is the vacant Clear Creak Crossing site zoned PCD . To the south are residential neighborhoods zoned Residential-One (R-1) and Residential-One A (R-1 A). To the east is the Wheat Ridge greenbelt, including West Lake , zoned Agriculture-One (A-1) and Agriculture-Two (A-2). Outlin e Deve lopm ent Plan and Propos ed Modifications The City's Planned Development approval process is a two-step process. The first step is the zone change and approval of an Outline Development Plru1 (ODP). The ODP is used to establish development stru1dards including the allowable setbacks , density, and other zoning parameters. It also includes a list of permitted land uses. Because marijuana research and testing is not listed in the intent statement listed on the Planned Development, it is currently not allowed. There are no changes proposed to the Specific Development Plan for the property. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments . RECOMMENDED MOTION: "I move to approve Council Bill No. 04-2014 , an ordinance approving an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow Council Action Form Ma y 12, 2014 Page 3 marijuana research and testing on property located at 3924-4096 Youngfield Street, on first reading, order it published , public hearing set for Monday, June 9, 2014 at 7 p.m. in City Council Chambers , and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone , Community Development Director Patrick Goff, City Manager ATTACHMENTS: I. Council Bill No . 04-2014 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 04 ORDINANCE NO. ___ _ Series of 2014 TITLE: COUNCIL BILL NO. 04-2014 -AN ORDINANCE APPROVING AN AMENDMENT TO THE YOUNGFIELD PLAZA PLANNED COMMERCIAL DEVELOPMENT (PCD) OUTLINE DEVELOPMENT PLAN (ODP) TO ALLOW MARIJUANA RESEARCH AND TESTING ON PROPERTY LOCATED AT 3924-4096 YOUNGFIELD STREET (CASE NO. WZ-14-04/RMBI) 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, Rocky Mountain Biosystems, Inc. (RMBI) has submitted a land use application for approval of an amendment to the Youngfield Plaza Planned Commercial Development (PCD) Outline Development Plan (ODP) to allow marijuana research and testing on property located at 3924-4096 Youngfield Street; and, WHEREAS, the proposed ODP amendment is supported by the City's Comprehensive Plan-Envision Wheat Ridge and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by RMBI for approval of an amendment to the Youngfield Plaza PCD Outline Development Plan for property located at 3924- 4096 Youngfield Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, an ODP amendment is approved for the following described land: Lot 1, Youngfield Plaza, County of Jefferson, State of Colorado. Section 2. Vested Property Rights. Approval of this ODP amendment 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 Attachment 1 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 0 to 0 on this 1 ih day of May, 2014, ordered it published with Public Hearing and consideration on final passa~e set for Monday, June 9, 2014 at 7 p.m ., in the Council Chambers, 7500 West 29t 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 day of , 2014. SIGNED by the Mayor on this ___ day of _______ , 2014 . ATTEST: Janelle Shaver, City Clerk 1st publication: 2"d publication: Wheat Ridge Transcript: Effective Date: Joyce Jay, Mayor Approved as to Form: Gerald Dahl, City Attorney ... ~~., .. ~ .,. City of :prwneatRi_dge ITEM NO:~ DATE: May 12 ,2014 REQUEST FOR CITY COUNCIL ACTION t)(j ., TITLE: MOTION TO APPOINT JANEECE HOPPE AS A CITY DIRECTOR TO THE WHEAT RIDGE BUSINESS DISTRICT BOARD OF DIRECTORS, TERM TO EXPIRE MARCH 31, 2018 0 PUBLIC HEARING I:8J BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2 ND READING D YES The Wheat Ridge Business District (WRBD) is managed by a Board of Directors . Eight Directors ("Elected Directors") are elected by the District membership to serve for three-year terms with no term limits. Three Directors ("City Directors") are appointed by City Council and may, from time to time, be replaced. The Council appointees may be, but not need be, members of Council. PRIOR ACTION: Janeece Hoppe completed her first term as a City Director in March of2014. She would like to be appointed to another term , and her application is attached . FINANCIAL IMPACT: None BACKGROUND: Three City Directors are appointed by City Council and may, from time to time, be replaced. The Council appointees may be, but not need be, members of Council. Currently Mayor Jay and Councilmember Fitzgerald are appointed through 2017. By reappointing Ms. Hoppe through 2018 the terms will remain staggered. Council Action Form May 12 ,2014 Page 2 RECOMMENDATIONS: Janeece Hoppe has indicated that she would be willing to serve another tenn on the Wheat Ridge Business District Board and staff is recommending her reappointment. RECOMMENDED MOTIONS: "I move to appoint Janeece Hoppe as a City Director on the Wheat Ridge Business District Board ofDirectors, term to expire March 31 , 2018." Or, "I move to deny the appointment of Janeece Hoppe as a City Director on the Wheat Ridge Business District Board of Directors for the following reason(s) -------------------- REPORT PREPARED BY: Bruce Roome , Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Janeece Hoppe Application " Wheat Ridge BUSINESS DISTRICT Board Member Application Date: S ·lcr l~ Busin~N~~~ Occupation: __ \..J:Jl\.~~8 ...... ~~~-.,&..W...J ...... ____________ _ Are you a Wheat Ridge resident: YES. Y NO __ _ How long have you been a resident: .:3 vrs Do you own a business in Wheat Ridge: YES ·:;: NO ___ _ Why are you seeking this position? ~ ~j . . . . . ~ ·~ Q.Q.~b· . U)l2B1). Do you have business ex:lence and/or grant making experience? ~ taW)=== ~tti!d tw.~ BcwcJ.-YVUMkJL~ u~, tA..ru ~ ~ct JJY 1te1~ l/t~ ~ lwJ, What specific skills do you feel you would bring to the WRBD Board? Ckni8trudltV1 Y>ruru~ . ~~r£:a= ~~aww~ Are there any conflicts which would interfere with regular attendance on the first Thursday of each month from 2:30-4:ooopm? ~ ADDRESS~~~~~~-~~------------ HOMEPHONE ________ ~--~~------------ BUSINESS PHONE Jc:RO -8' 3 <(}-SS"fu E-MAILADDRES~~C~~~a ::r2~U"· .N>\ Application will be kf:Pt on file for one year. Election in March. Return to: WRBD PO Box 1268, Wheat Ridge CO 80034-1268 Attachment 1