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HomeMy WebLinkAboutCity Council Agenda Packet 11/18/20136:45-Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 18, 2013 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 APPROVAL OF MINUTES OF October 28, 2013 SWEARING IN CEREMONY -Oath of Office for newly elected Mayor and Council Members ROLLCALLOFMEMBERS PROCLAMATIONS AND CEREMONIES Recognition of outgoing Mayor and Council Members 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 SECOND READING .L Resolution 45-2013-Approving a 26-Lot Subdivision Plat for property zoned Mixed Use-Neighborhood (MU-N) located at 5670 W. 38th Ave. (Case No . WS-13-02/Perrin's Row) C ITY COUNCIL AGENDA: November 18, 2013 DECISIONS. RESOLUTIONS AND MOTIONS 2. Motion to elect the Election of Mayor Pro Tempore CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURN TO STUDY SESSION Page -2- CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 28, 2013 Mayor DiTullio called the Regular City Council Meeting to order at 7 :00 p.m. ROLLCALL OF MEMBERS Joyce Jay Davis Reinhart Bud Starker Kristi Davis Joseph DeMott Tracy Langworthy Mike Stites George Pond Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Administrative Services Director, Heather Geyer; Parks Director, Joyce Manwaring; other staff and interested citizens . APPROVAL OF MINUTES OF October 28,2013 Motion by Councilmember Stites for approval of the Minutes of October 28, 2013; seconded by Councilmembers Starker and Reinhart; carried 8-0. CITIZENS' RIGHT TO SPEAK Rick Adams (Wheat Ridge) invited everyone to an open house at the Rec Center this Wednesday to see the progress on the Gold Line. It will be open from 5:30-8:00 pm. There will be displays and people available to answer questions. People need not stay the entire time. A short presentation will repeat at 6 :00, 6:45 and 7:30. Tiffany Barnhart (Wheat Ridge) praised the City for the plans to put a bike lane on Pierce Street next year and for the improvements on 38th Avenue. Rachel Hultin (Wheat Ridge), the LiveWell Wheat Ridge transition coordinator, thanked the Council, Mayor, and City for their continued investment in our vibrant , healthy and active community. She supports the continued streetscape build-out on 38th Avenue and projects like the bike facilities on Pierce. Her family went to Trunk or Treat and ate with neighbors at Right Coast Pizza . She suggested the City solicit input from citizens . Rick Kratzer (Wheat Ridge) spoke of his support of Ridge at 38. His family is excited about it. His 3 children like to ride their bikes and they like going to Right Coast Pizza. Amanda Weaver (Wheat Ridge) supports the things that are happening with bikes and pedestrians . She appreciates the connection with citizens, food, bikeways and walkways. City Council Minutes October 28, 2013 Page 2 Carol Sue Fricke! (Wheat Ridge), coordinator for the Backpack program at Kullerstrand School, thanked the Council for their support of $10,000 for the program. She displayed the food that might go into a typical weekend backpack (dry beans, a can of ravioli and a can of corn, 2 fresh oranges, an energy bar and apple juice). Each child gets a bag. The program is not getting commodities from the federal government this year; they have to buy all the food. Any and all support is appreciated. APPROVAL OF AGENDA DECISIONS, RESOLUTIONS AND MOTIONS .1 Resolution 42-2013 -Adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2014 Budget Year Councilmember Jay introduced Resolution 42-2013. The proposed 2014 budget includes: • $8.3 million in proposed expenditures directly linked to City Council strategic goals • Revised proposed General Fund budget in the amount of $27,760,611, which includes reductions in the amount of $113,000 and Council additions in the amount of $50,000 for a surplus of $63 ,000 which has been transferred to the CIP budget for bicycle/pedestrian improvements along Pierce Street • Proposed Capital Investment Program (CIP) Funds in the amount of $4,186,000 • Proposed Special revenue Funds in the amount of $4,922,715 • Proposed budget (all funds) in the amount of $36,869,326 Motion by Councilmember Jay to approve Resolution No . 42-2013, a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2014 Budget Year; seconded by Councilmember Starker; Motion by Councilmember Stites to move $230,000 from WR2020 funding to the General Fund allowing economic development department staff to handle the tasks WR2020 does and save 10% administrative fees; seconded by Mr. DeMott. Included in the discussion was the recent request from the WR Historical Society for $10,000 for the City to hire a part-time employee ($10/hr) to help them keep the historic buildings open. Some Councilmembers agreed that certain items should be looked at again by the new Council, but Mr. Goff confirmed that unless an expenditure is over $35,000 it will not come back to Council. City Council Minutes October 28, 2013 Amendment failed 1-7 , with Councilmembers DeMott, Pond, Davis, Starker, Langworthy, Jay and Reinhart voting no. Page 3 Motion by Mr. DeMott to decrease the 38th Avenue Events Fund by $15,000 (reducing the fund from $80K to $65K) and transferring that money to the Carnation Festival fund (increasing that fund from $12.5K to $27.5K); second by Mr. Stites; failed 4-4, with Councilmembers Pond, Langworthy, Jay and Reinhart voting no. Motion by Mr. DeMott to amend the 38th Avenue Events Fund budget by removing $10K from 38th Ave Events Fund and transferring it to the Carnation Festival ; second by Councilmember Stites. Motion carried 7-1 , with Councilmember Reinhart voting no. Motion by DeMott to eliminate the 44th Avenue corridor marketing budget of $1 OK and put the money towards hiring a part time employee for the Historical Society; seconded by Mr. Stites.-Discussion followed. Mr. Goff did report there is no specific plan for the $10K at this time, but staff intends to meet with 44th Ave businesses to see how the City can help . -Councilmember Starker posed a friendly amendment to leave the 44th Ave marketing funds in place and instead reduce the Greenbelt Trail master plan study by $1 OK , from $50K to $40K. Mr. Goff informed Council that money is from Open Space funds and cannot be used for th is purpose. -There was discussion about taking the money f rom the General Fund unallocated . Motion, as originally stated by Councilmember DeMott failed 2-6 , with Councilmembers Pond, Davis, Starker, Langworthy, Jay, and Reinhart voting no . Motion by Councilmember Davis to reduce the 38th Avenue Corridor Marketing Materials/Website from $35K to $25K and allocate $1 OK for the Historical Society [for a part time employee]; seconded by Councilmember Stites; failed 3-5, with Councilmembers Pond, Starker, Langworthy, Jay and Reinhart voting no. Motion by Councilmember Stites to take $10K from unallocated reserves to fund $1 OK for the Historical Society; seconded by Councilmember DeMott; failed 4-4 with Councilmembers Pond, Davis , Langworthy, and Reinhart voting no . Motion by Councilmember Starker to add language related to the $63K that was transferred to the CIP budget for bike/ped improvements along Pierce as follows : "and other items in the bicycle/pedestrian master plan [citywide] for any surplus funds [from the Pierce project] up to that number"; seconded by Councilmember Langworthy ; carried 7-1 with Councilmember Reinhart voting no . Main motion, approval of the 2014 budget as amended, carried 7-1 with Councilmember Stites voting no . City Council Minutes October 28, 2013 Page4 £. Resolution 43-2013-Levying General Property Taxes for the year 2013, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2014 Budget Year Councilmember Langworthy introduced Resolution 43-2013 . The City's property tax mill levy will remain at 1.830 mills, raising $751,889 in revenue, an increase of $9,357 compared to 2012. Motion by Councilmember Langworthy to approve Resolution No. 43-2013, a resolution levying a mill levy of 1.830 on general property taxes for the year 2013, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2014 budget year; seconded by Councilmember DeMott; carried 8-0 ~ Resolution 44-2013-approving the Memorandum of Understanding between Jefferson County Sheriff's Office and the Cities of Arvada, Golden, Lakewood, Westminster, and Wheat Ridge to share Criminal Intelligence Information using the CrimeNtel Shared Database Councilmember Stites introduced Resolution 44-2013 Sharing this database will allow all the jurisdictions to enter, store and share criminal intelligence information at a cost lower than a standalone system for each city. The initial start-up cost for Wheat Ridge is $3,377.50 and the annual operating cost will be $832 .17 . Motion by Councilmember Stites to approve Resolution No. 44-2013, a resolution approving the MOU with Jefferson County Sheriffs Office, and the cities of Arvada, Golden, Lakewood , Westminster and Wheat Ridge to share criminal intelligence information through the CrimeNtel database; seconded by Councilmember /Starker ; carried 8-0 4. Motion to approve the annual Police Radio System Contract Payment to the West Metro Fire Protection District in the amount of $101,934 .54 for Police Radio System Services Councilmember DeMott introduced agenda item #4. These services include technical support, system maintenance, equipment repair, a lease agreement for the antenna site, and associated software and hardware costs . It provides significant improvement to our radio system and improved public safety. City Council Minutes October 28, 2013 Page 5 Motion by Councilmember DeMott to approve payment to the West Metro Fire Protection District in the amount of $101,934.54 for police radio system services; seconded by Councilmember Langworthy; carried 8-0. ~ Motion to appoint Rocco "Rocky" Germano to the Board of Adjustment, Alternate At-Large Vacancy, term to expire 3/2/16 Councilmember Pond introduced agenda item #5. Motion by Councilmember Pond to appoint Rocco "Rocky" Germano be appointed to the Board of Adjustment as an At-Large Alternate, term ending March 2, 2016; seconded by Councilmember Stites; carried 8-0 6. Motion to Ratify Mayoral reappointment of Jesse Hill to Renewal Wheat Ridge, term to expire November 30, 2018 Councilmember Starker introduced agenda item #6. Motion by Councilmember Starker to ratify the Mayoral appointment of Jesse Hill to be reappointed to Renewal Wheat Ridge representing District I, term to expire November 30, 2018; seconded by Councilmember DeMott; carried 8-0. 7. Motion to Cancel the Regular Meeting of the City Council on November 25, 2013, due to the Thanksgiving Holiday and that a Regular Meeting be convened prior to the Study Session on November 18, 2013 Councilmember Reinhart introduced agenda item #7. Motion by Councilmember Reinhart to cancel the regular meeting of the City Council on November 25, 2013 due to the Thanksgiving holiday, and that a regular meeting be convened prior to the study session of November 18, 2013; seconded by Councilmember Starker; carried 8-0. CITY MANAGER'S MATTERS none CITY ATTORNEY'S MATTERS none CITY CLERK'S MATTERS City Council Minutes October 28, 2013 Page6 Clerk Shaver thanked all the candidates and committee representatives for filing the first campaign finance reports on time. The reports are posted on the City website and are available for public viewing. ELECTED OFFICIALS' MATTERS Bud Starker wished citizens a safe Halloween. Davis Reinhart thanked the staff and citizens for their help and support the last 4 years. Kristi Davis thanked the organizers and volunteers for a very successful Trunk or Treat. -She thanked Mrs. Frickel for coming in about the backpack program, and Chief Brennan for his continued support of it. -As chair of Renewal Wheat Ridge she welcomed Mr. Hill back to the urban renewal authority. Joyce Jay expressed her delight to have served on Council. -She said the open house for the Gold Line is important and encouraged folks to attend. -She read parts of a letter from a new business coming to Wheat Ridge to lease a greenhouse that grows organic tomatoes. The letter speaks highly of the staff for the City's support. George Pond thanked everyone who has shown up to comment on the budget. Mike Stites thanked staff for 1 0 years' worth of great information and thanked the residents of District Ill for the pleasure of serving them. He thinks we got an awful lot done. Mike's positive thing: Make sure all the kids in your neighborhood have a coat. -And as always, please try to find it and buy it in Wheat Ridge . Tracy Langworthy commented on the great success of Trunk or Treat. Be careful on Halloween; watch out for the kids. -This Saturday is "Rake It Up!" If you're unable to rake your own leaves or you'd like to help rake leaves for those who can't, contact the Volunteers of American Joseph DeMott reported he was very honored last week to receive the plaques for the Fruitdale Elementary School and the Baugh House-which have both been accepted to the National Historic Register of Public Places. This took place at an awards ceremony of the Jefferson County Historical Society. Mayor DiTullio thanked the citizens of Wheat Ridge for 18 good years. Meeting adjourned at 8:10pm Janelle Shaver, City Clerk City Council Minutes October 28, 2013 Page 7 APPROVED BY CITY COUNCIL ON November 18 , 2013 BY A VOTE OF __ to __ Davis Reinhart, 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 . ~~'~ ... ~ r-City of • ?WheatR.i_,dge ITEMNO:_L_ DATE: November 18 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 45-2013 -A RESOLUTION APPROVING A 26-LOT SUBDIVISION PLAT FOR PROPERTY ZONED MIXED USE-NEIGHBORHOOD (MU-N) LOCATED AT 5670 W. 38™ A VENUE (CASE NO. WS-13-02/PERRIN'S ROW) [8J PUBLIC HEARING D BIDS/MOTIONS [8J RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1 STREADING 0 ORDINANCES FOR 2ND READING [8J YES Community Development Director ISSUE: The applicant is requesting approval of a 26-lot subdivision plat for property zoned Mixed-Use Neighborhood (MU-N) located at 5670 W. 38th A venue. The purpose of the subdivision is to prepare the property for development of a new residential subdivision. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 17 , 2013 and recommended approval. The staff report and meeting minutes from the Planning Commission and public hearing have been attached. FINANCIAL IMPACT: Fees in the amount of$2,630 were collected for the review and processing of Case No. WS-13-02. Case No . WS-1 3-02/Perrin's Row Council Action Form November 18 , 2013 Page2 BACKGROUND: Subject Property The subject property is 61,000 square feet (1.4 acres) in size and is currently vacant. In 2002 , the site was rezoned to Planned Mixed Use Development (PMUD); zoning documents and a 13-lot subdivision plat were approved pursuant to Case Nos. WZ-02-06 and WS-03-0 I. The planned development that was approved included a mixed use building (retail on first floor and residential on the second floor) and twelve row homes for a total of 20 residential units. Depew Street runs along the eastern perimeter of the property with W. 38th Avenue on the north. In 2002 , the City installed landscaping improvements along the 38th Avenue frontage and the northeast comer of the property as part of a streetscape improvement project extending from Sheridan to Harlan. The City-funded streetscape improvements installed adjacent to the property consisted of a comer feature with patterned , colored concrete, decorative bollards and a planting area with trees and shrubs. A landscaped , streetscape strip was continued along 38th A venue to the west with the installation of irrigation, sod and seven street trees. The intent of the City 's investment was to encourage the redevelopment of the 38th Avenue corridor into a pedestrian-oriented neighborhood commercial street. The City has refined this vision for the street with a corridor subarea plan and implementation of an interim "road diet ," on- street parking and pedestrian amenities for certain stretches. These interim improvements serve as a pilot project for potential future street reconstruction from Upham to Pierce. The property was rezoned to Mixed Use-Neighborhood (MU-N) zone district in late 2012 as part of a City-initiated rezoning of the 38th Avenue corridor. The MU-N zone district has specific design requirements that address building placement, materials , transparency , parking, and open space requirements. In addition to the requirement to plat, an administrative site plan is being reviewed to evaluate consistency with the mixed use design requirements. Surrounding zoning and land use The surrounding properties include a variety of land uses. To the east of the subject property is a Planned Residential Development (PRO) and to the south are parcels zoned Residential-Three (R- 3), all of which were developed as multifamily apartment buildings . Along 38th Avenue are parcels zoned MU-N and R-3 ; these include a retail store and Mexican restaurant to the west and residential properties to the north . PLAT DESIGN: The proposed plat document is comprised of three sheets. Sheet #1 is the declaration page and contains the legal description and required signature blocks for recording and notes. The notes , among other things , contain the City 's standard language regarding easements and detention pond maintenance. It also includes a note regarding maintenance of the common elements in the development. Sheet #2 contains the layout of the subdivision. The plat depicts 26 parcels which will accommodate the 26 new residential units. The proposed design includes an internal looped Council Action Form November 18 , 2013 Page 3 roadway which provides internal circulation and allows two access points off of Depew Street. No vehicular access is proposed from West 38 1h Avenue. The looped road will be privately owned and maintained and is included in a 20-foot-wide easement. On the drawing on Sheet #2 , lot lines are shown overlapping the internal road. On Sheet #2 , the layout of the proposed site plan, which is currently under review by Planning, will accommodate the following: Lots 1-4: Lots 5-8: Lots 9 -12: Lots 13 -16: Lots 24, 25 , 26 and 17: Lots 18 and 19: Lots 20 -23: Four attached 3-story rowhomes fronting 38 1h A venue Four attached 3-story rowhomes fronting 38th Avenue Four attached 3-story rowhomes fronting 38 1h Avenue Four attached 3-story rowhomes fronting Depew Street Four attached 3-story rowhomes accessing the internal drive One single-story duplex accessing the internal drive Four attached 3-story rowhomes accessing the internal drive There are no minimum lot sizes specified in the Mixed Use -Neighborhood zone district; density allowed is 21 units per acre. The plat drawing provides for two pedestrian links from the interior of the site to West 38th A venue. These are located between Lots 4 and 5 and Lots 8 and 9. These easement areas will be improved with a concrete walking surface and landscaping. Tract A is an unbuildable tract that will accommodate stormwater detention as well as serving as an open space amenity for the development. The homeowners' association (HOA) will be responsible for maintenance of all roads , parking and sidewalk areas , the exterior of the units , the detention area and all landscaping, except for private patio spaces for the individual living units. Staff will require review and approval of the HOA covenants. Sheet #3 is the last sheet of the plan set. It serves as a vacation document for the 2003 plat approval. All lot lines and detention easements dedicated by the prior plat are shown on this sheet as being vacated. Included also is a vacation of a separately recorded sanitary sewer easement. The sanitation district has requested sign-off on Sheet #1. Public Improvements: All public improvements are currently in place. Agency Referrals This application has been through the typical referral process and all utilities indicated that they can provide service to the property with improvements at the developer's expense. Council Action Form November 18 , 2013 Page 4 Wheat Ridge Sanitation District has requested a signature block on the front page regarding vacation of an existing sanitary sewer easement. There is no sewer line in this easement but it still needs to be vacated. Parkland dedication is required for all residential subdivisions. When land is not dedicated for a public park, a fee is required in lieu. Typically, the Parks and Recreation Commission makes a recommendation , and City Council approves the final fees in lieu of dedicated land. When the Perrin's Row Subdivision Plat was approved in 2002 , a fee of$13 ,800 had been negotiated with Parks Commission and City Council. While this fee is a substantially lower amount than the current subdivision regulations, Staff has agreed to honor this prior decision. The applicant has agreed to increase the cash payment to the City to $17,000 to reflect the increase in the number of units. This fee will be required at the time of subdivision plat recording. RECOMMENDED MOTION: "I move to approve Resolution No. 45-2013 , a resolution approving a 26-lot subdivision plat for property zoned Mixed Use-Neighborhood (MU-N) located at 5670 W. 38th Avenue, for the following reasons: 1. City Council has conducted a proper public hearing, meeting 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. With the following conditions: Or, 1. The developer pay parks fees at the time of plat recording in the amount of $17 ,000. 2. A note with a signature block be added onto Sheet #1 as requested by the Wheat Ridge Sanitation District. 3 . The Homeowners ' Association covenants be reviewed and approved by Staff prior to the issuance ofbuilding permit." "I move to deny Resolution No. 45-2013, a resolution approving a 26-lot subdivision plat for property zoned Mixed Use-Neighborhood (MU-N) located at 5670 W. 38th Avenue, for the following reasons: 1. 2. 3. Council Action Form November 18 ,2013 Page 5 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: Meredith Reckert , Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No . 45-2013 2. Planning Commission staff report with exhibits 3 . Planning Commission minutes CITY OF WHEAT RIDGE, COLORADO Resolution No. 45 Series 2013 TITLE: A RESOLUTION APPROVING A 26-LOT SUBDIVISION PLAT FOR PROPERTY ZONED MIXED USE-NEIGHBORHOOD (MU-N) LOCATED AT 5670 W. 38th AVENUE (CASE NO. WS-13-02/PERRIN'S ROW) 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 Crosswire, LLC, to subdivide property located at 5670 W. 38th Avenue in an MU-N 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 November 18, 2013 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 26-LOT SUBDIVISION PLAT FOR PROPERTY ZONED MIXED USE - NEIGHBORHOOD (MU-N) LOCATED AT 5670 W. 38TH AVENUE (CASE NO. WS- 13-02/PERRIN'S ROW) IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting 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. WITH THE FOLLOWING CONDITIONS: 1. The developer pay parks fees at the time of plat recording in the amount of $17,000. 2. A note with signature block be added onto sheet 1 as requested by the Wheat Ridge Sanitation District. 3. The Homeowners' Association covenants be reviewed and approved by Staff. Attachment 1 DONE AND RESOLVED by the City Council this 18th day of November, 2013. Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk ~~~~ .... _ r City of • A~Wheat&_,dge ~OMMUNilY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE NO. & NAME: DATE OF MEETING: ACTION REQUESTED : LOCATION OF REQUEST: APPLICANT: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: (X) ZONING ORDINANCE WS -13 -02/Perrin 's Row CASE MANAGER: M. Reckert WS-13-02/Perrin 's Row October 17 , 2013 A request for approval of a 26-lot subdivision plat on property zoned Mixed Use Neighborhood (MU-N) 5670 W. 38th Avenue Richard Oneslager for Crosswire Investments , LLC 1.4 acres MU-N (Mixed Use Neighborhood) Main Street Corridor (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION Attachment 2 1 All notification and posting requirements have been met ; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 26-lot major subdivision on property zoned Mixed Use - Neighborhood (MU-N) located at 5670 W . 38th Avenue to accommodate 26 new residential dwelling units. Because this is a major subdivision, Planning Commission will be providing a recommendation to City Council who will be the final authority for approval. A neighborhood meeting is not required prior to the submission of an application for subdivision approval. II. EXISTING CONDITIONS/PROPERTY HISTORY Subject Property The subject property is 61 ,000 square feet (1.4 acres) in size and is currently vacant. In 2002 , the site was rezoned to Planned Mixed Use Development (PMUD); zoning documents and a 13-lot subdivision plat were approved pursuant to Case Nos . WZ-02-06 and WS-03-01. The planned development that was approved included a mixed use building (retail on first floor and residential on the second floor) and twelve rowhomes for a total of 20 residential units. Depew Street runs along the eastern perimeter of the property with W . 38th Avenue on the north . In 2002 , the City installed landscaping improvements along the 38th A venue frontage and the northeast corner of the property as part of a $2.2 million streetscape improvement project extending from Sheridan to Harlan . The City-funded streetscape improvements installed adjacent to the property consisted of a comer feature with patterned , colored concrete, decorative bollards and a planting area with trees and shrubs. A landscaped streetscape strip was continued along 38th A venue to the west with the installation of irrigation , sod and seven street trees. (Exhibit 1, Aerial Photo) The intent of the City's investment was to encourage the redevelopment of the 38th A venue corridor into a pedestrian-oriented neighborhood commercial street. The City has refined this vision for the street with a corridor subarea plan and implementation of a "road diet", on-street parking and pedestrian amenities for certain stretches. The property was rezoned to the Mixed Use-Neighborhood (MU-N) zone district in late 2012 as part of a city-initiated rezoning of the 38th A venue corridor. The MU-N zone district has specific design requirements that address building placement, materials, transparency, parking, and open space requirements. In addition to the requirement to plat, an administrative site Ian is being reviewed to evaluate consistency with the mixed use design requirements. (Exhibit 2, Zoning Map) Surrounding zoning and land use The surrounding properties include a variety ofland uses. To the east of the subject property is a Planned Residential Development (PRD) and to the south are parcels zoned Residential-Three (R-3), all of which were developed as multifamily apartment buildings. Along 38th Avenue are parcels zoned MU-N and R-3 ; these include a retail store and Mexican restaurant to the west and residential properties to the north. (Exhibit 3, Site Photos) Planning Commission WS-13-02/Perrin 's Row 2 III. SUBDIVISION PLAT Plat design: The proposed plat document is comprised of three sheets. (Exhibit 4, Reduced co y of plat document) Sheet I is the declaration page and contains the legal description, required signature blocks for recording and notes. The notes, among other things, contain the city's standards language regarding easements and detention pond maintenance. It also includes a note regarding maintenance of the common elements in the development. Sheet 2 contains the layout of the subdivision. The plat depicts twenty-six parcels which will accommodate the twenty-six new residential units. The proposed design includes an internal looped roadway which provides internal circulation and allows two access points off of Depew Street. No vehicular access is shown to West 38th Avenue. The looped road will be privately owned and maintained and is included in a 20' -wide easement. On the drawing on Sheet 2, lot lines are shown overlapping the internal road. On Sheet 2, the layout of the proposed site plan which is currently under review by Planning Staff will accommodate the following: Lots 1-4: Lots 5-8: Lots9-12: Lots 13 -16: Lots 24, 25, 26 and 17: Lots 18 and 19: Lots 20-23: Four attached 3-story rowhomes fronting 38th Avenue Four attached 3-story rowhomes fronting 38th Avenue Four attached 3-story rowhomes fronting 38th Avenue Four attached 3-story rowhomes fronting Depew Street Four attached 3-story rowhomes accessing the internal drive One single story duplex accessing the internal drive Four attached 3-story rowhomes accessing the internal drive There are no minimum lot sizes specified in the Mixed Use-Neighborhood zone district; nor are there density standards. The plat drawing provides for two pedestrian links from the interior of the site to West 38th Avenue. These are located between Lots 4 and 5 and Lots 8 and 9. These easement areas will be improved with a concrete walking surface and landscaping. Tract A is an unbuildable tract that will accommodate stormwater detention as well as serving as an open space amenity for the development. The homeowners' association (HOA) will be responsible for maintenance of all roads, parking and sidewalk areas, the exterior of the units, the detention area and all landscaping, except for private patio spaces for the individual living units. Staff will require review and approval of the HOA covenants. Sheet 3 is the last sheet of the plan set. It serves as a vacation document for the 2003 plat approval. Being vacated by this sheet are all lot lines and detention easements dedicated by the prior plat. Included also is a vacation of a separately recorded sanitary sewer easement. The sanitation district has requested sign-off on Sheet 1. Public Improvements: All public improvements are currently in place. Planning Commission WS-13-02/Perrin's Row 3 Parkland dedication: Parkland dedication is required for all residential subdivisions . When land is not dedicated for a public park, a fee is required in lieu . Typically, the Parks and Recreation Commission makes a recommendation , and City Council approves the final fees in lieu. When the Perrin 's Row Subdivision Plat was approved in 2002 , a fee of$13 ,800 had been negotiated with Parks Commission and City Council. While this fee is a substantially lower amount than the current subdivision regulations , Staff has agreed to honor this prior decision . The applicant has agreed to increase the cash payment to the City to $17 ,000. This fee will be required at the time of subdivision plat recording. IV. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed de velopment. Specific referral responses follow. Renewal Wheat Ridge: The proposed plat and subsequent de velopment is consistent with the Urban Renewal Plan. Wheat Ridge Fire Protection District: Has reviewed the plat. The internal looped drive must be maintained as a fire lane. Additional hydrants will be required . Wheat Ridge Police: No concerns. Wheat Ridge Public Works: Has reviewed the plat and a drainage plan and report . Both the plat and drainage report have been approved . Wheat Ridge Sanitation District: Has an existing sanitary sewer easement which needs to be vacated. The district has required that specific language be added to Sheet I with a signature block. Xcel Energy: Can serve. V. STAFF CONCLUSION Staff concludes that the proposed plat is consistent with the City 's vision for West 38 1h Avenue and the MU-N zone district. Staff further concludes that all requirements of Article IV ofthe zoning and development code have been met and that all utility agencies can serve the property with improvements installed at the developer 's expense. For these reasons , a recommendation of Approval is given for Case No. WS-13-02 with conditions itemized in Option A ofthe recommended motion. VI. RECOMMENDED MOTIONS OPTION A: "I move to recommend APPROVAL of Case No . WS-13-02 , a request for approval of a twenty-six lot major subdivision plat for property located at 5670 W . 38 111 Avenue , for the following reasons : Planning Co mmi ss ion WS-13-0 2/Perrin 's Ro w 4 1. The proposed plat is consistent with the City's vision for 38th Avenue and the MU-N zoning. 2. All requirements of the subdivision regulations have been met. 3. Utility districts can serve the property with improvements installed at the developer's expense. With the following conditions: 1. Property addresses be added to Sheet 2 of the plat document prior to recordation. 2. The developer pay parks fees at the time of plat recording in the amount of $17,000. 3. A note with signature block be added onto sheet 1 as requested by the Wheat Ridge Sanitation District. 4. The Homeowners' Association covenants be reviewed and approved by Staff." OPTION B: "I move to recommend DENIAL of Case No. WS-13-02, a request for approval of a twenty-six lot major subdivision plat for property located at 5670 W. 38th Avenue for the following reasons: 1. 2. 3." Planning Commission WS-13-02/Perrin' s Row 5 Pl annin g Commission W S-13-02/Perrin' s Row EXHIBIT 1: AERIAL PHOTO Site 6 Planning Commission WS-13-02/Perrin 's Row EXHIBIT 2: ZONING MAP Site 7 EXHIBIT 3: SITE PHOTOS Panoramic view from Depew Street to the northwest View from the south to Depew/ 38 1h Avenue intersection Planning Commission WS-13-02/Perrin 's Row Streetscape improvements at corner 8 Panoramic view from Depew/38th Avenue comer to the southwest View of existing multi-family to the south and public improvements on Depew Planning Commission WS-13-02/Perrin 's Row 9 View east on 38th Avenue at City-installed improvements Planning Commission WS-13-02/Perrin's Row 10 PERRIN'S ROW FILING NO. 2 SUBDIVISION A REPLAT OF PERRIN'S ROW SUBDIVISION A TRACT OF LAND LOCATED IN THE N.E. 1/4 OF SECTION 25, T3S, R69W OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 3 SUJI.VEYOR'S CEJI.Tlfl!C.4TE I, Randy Fortuln, PLS 272&J do horoby certify that tho ourvoy of tile boundary of P£RRIN"S ROW FIJNO NO. 2 SUIIDMSION woo mode by me or under rrry dRct ISYpONiolon and to the be•t of my knowledQe. Information and befttf, In accordance with oil opptleoble Colorado ctotutea, current J'WYAud edition at amended, tht oeeompa,yynQ plat oc:curotely rept"Henll eald aurwy. ·~ ~~o •rc,s~ '";"t.'M"" M ~::<~ Job : 18.52 ••• :t' Data : October 31, 2013 ••• ••• F'or and on Behort of C ,;w.....: ~ ... NOTICE: Accordln; to Colorado Law )IOU muat commence any le;ol action based upon any defect in thfs lUrVey wlthi'l three ,ears otter )'OU fht d'-cowr euch dofoct. In no evant may ony oetlon boaod upon any dofoct r. thla 1urwy be comment:od more than ten )Ieora from tho dote of tho certlftcotlon Mown hereon. OWNER'SCERT!FIC.4TE I RJchard D. OnnkJQer Jr., belnc;~ the owner of ,..al property contoink'tg 1.404 OCI"H described a. fol~a: A parcel of land oltuoted In tho NE 14 of Soct;on 25. Townoh~ 3 South, l!on~o 69 West of tho 5th :=t'!t 110~~ ... ~ tile City of Wheat RlciQe, County of Jefferoon. State of olorodo, more portlcularty COIIMENCING ot tho NW corner of tho NE )4 of oold Section 25: lliENCE S89'S9'57'"E along the nortll line of oold NE 14 o distance of 993.06 foot; lliENCE S 0017'!1J"E olon!othe weot llno of the E ~ of the NE )4 of tho NW )4 of tho NE )4 of oold ~~tl:ln~ b~:~~T OFOOB~~~N'j"~ point 1)4ng on the ooutherly R.O.W. line of Weot 38th A._uo. ~~~E09sar.;::·sn along oald ooutherly R.O.W. Uno parallel wHh the nortll line of oold N~ o dlstonco lliENCE along o cu""' to the right with a rodlua of 15.00 foot, o delta angle of 89"42'27" o ohord beamg of S45'08'4J"E. a ohord length of 21 .15 feet and on an: dlotonca of 23.49 foot t~ the waeterly R.O.W. line of 0-Stroet; lliENC£ S001 7'JO'"E on and along tho woaterfy R.O.W. line of Oepow Street being porollol with and 25.00 ~~tton":t~~a"l~•r!"~t Uno of the E ~ of tho NE 14 of the NW )4 of tho NE )4 of oold Seetlon ~ 0 ~~~~.'t:;e·~r~r.~~~~~lth and 230 f .. t eouthony of tho north line of tho NE ~ of ookl s.ct;on ~.~~ ~~6;~f~~N\:'~G~oot line of theE~ of tho t£ 14 of tho NW 1/4. o dlotonco of 200.00 have told out. IUbdMded and plotted aold land oa per the drowlng hereon contained uncNr the nome and ot)4o of P£RRIN"s ROW Fli.HO NO. 2 sutlOMSION, o oubdMolon of o ~art of tile City of Vltloot R1<19o. Colorado and by theoe p,_ts do dedicate to the City of Wheat Rldgo and the public thooe portlono of real properly shown oa right-of-way, ond do further decfccte to the Clty of ""'10t Ridge ond thou munlclpolly -.ed and/or munlclpo11y fronohloed utlllleo and oorvtcoo thoao portlono of real proper\y ohown oa eoaernentli f01 the conatructJon, lnatafloUon, operoUon, mot\tenonee. repair and reploc:em.,t for oil eervlc-. Thill lncludM but It not li'nlt.ct to tliephona and electric lin-. goa lin ... wo1er and 10nltory ~.,!tc!_'"oo. hydronto. otorm water oyotomo ond p~oo. detention ponds. otrHt li9hls and all oppurtononCio OMIER: Rlcllord 0. On~ ~ .. lolonoglng llembor of Croa ... lre lnvootmonlll, LU: 1100 Brood Street, Unit s. WIIJken, Colorado 80543 B~ ------~------------Signoturo Stote of Colorado ) )SS County of Jefloroon ) The fore9oing Instrument woo oci<nowledgod before me this --lloy of ----A.D . 2013 by _______ _ Witness my hand and official nat. Wy commiaalon exp...-.c Notory Public Exhibit 4 -----VICINITY MAP------.. N.rs. ~3811-tA~ l;i SITE !J ~ W. 3511-t AVE. W. 33RO AVE. W. 32ND A~. CITY OF WHEAT RIDGE CO /)SURVEY NOTES a. Por Colorado -od StotutH Sec. 38-51-106 (L), all 1,_1 unite depleted on thio land Survey Plot ore U.S. Survey fool One Water -""' 39.37 dlvidod by t2 U.S. Survey foot occordi"Q to the Not;onol lnot;wte ol Standards and Technology. b. Tho geod.Uc point eoordlnote dolo ohown heroin hoe boon derived from tho NAD 83 HARN Stole Plone Colorado Central nPS 0502 Coordinate Syatem, and haa o horttontal Accuracy C"-':lficotlon of 0.07 U.S. Sul'oiO)I foet ot tho 95li: Confldonce '-""'· oo defined In tho a-polloi Pooltlonlng Accuracy St.ondordo ot tho Fod.,.ol c.odotlc Control Subcornmltteo (F"GOC-STt>-a07.2-1etl&). 1) BASIS OF BEA/UNG STATEJ!ENT ~ .. .._... on tt. atr af WhMt Rldgt mo.wnwrt1 Point I tSOI (M:105644.1"" t: 12.1715.11) Mlng tM Natth J4 ~ Siec:tloft ~ olld Poant No. 15101 (N :1'05145.10. E:IW7l.e.l) bling h Nottt..l c::wr. of s.cton 25 both ~ tN NorUI IN ol tN HE: >4 of S.CU01t 25, TJS.. JtUW fll thl Itt\ P.W. wfttl a ._,.,.. of sar58'5rt ae per tN ~ or WheGt. IDI:Itt ...,..,_..nt HIQh Al:curocy ~ POint~~. JJ GEODETIC NOTES o. Tho Currant City Datum Coordinate Syotem uoed Is a ground-b-d mod1flod form of tho NAD aJ-g2 Stoll Plano Coordinate Syotom, Colorado C..ntrol Zone 0502. b. Vortlcol Datum -.:1 II tile North llmoric<ln Vort;col Datum of 1988 (NAVD88). c. Ground to Grid comt>;nod Scale Foctcr io 0.9g974780300, ocdod from bolo point PHAC 1 (Permanent H;gh Accuracy Control Polnt #1) having t11o followmg NAD aJ-92 Stoto Plano coonfonotso : PHAC1: Northing: 170t25&.7S, &.tmg: 3t 1&217.5&. Elr10tion : 5471.62. 4! DETENT'lON TllACT NOTE The otonnwater delentlon orao here ohown oo lRACT A ohaH bo oono\Nctad and maintained by tho owner ond eubaequent owners. hel111, •~ra and aealgns. to the ewnt that such conatn.actlon and malntenanc. io not perlormod by oold owner. the City of Whoot Rldqe ohoR hove tile right to enter auch oreo and ~orm necHaory work. tl\e cott of which aolct owner. helra, aueeeuora, ond a-'9ne OQriH to pay. No bulkflng 01 atructure wm be eonetructlld In tM detention ar.a and no ef\ongH or olterotiona otfecting the hydroufic charoctartdcs of the detention area wiM be mode without tho oppr<IWII of the Director of Public Worko. Si CJWSS .4CCESS /INGRESS .JJVD EGRESS EASEMENT NOTE AND PEDESTR/AN .JJVD DMINAGE EASEMENT'S The owner, hl:ll aucc...,. and ~· hereby lj1ront.e Umited right. and ~ to oee ... and to free movement throu;h thou areoe indtoated oa 'croee-acee•/lnQrne-~JQren eaHmenta', aa muatroted upon thla P'at. SUch gront of -.oMm.nt 1hcft be: r.mited to the owners. tenont.l, cUitomere, and gueat. of the ownerw, and ahaU furthermore grant OCCIN to and free mavemen1 through eold eoeementll to thoee entering aoid eOMmenta from llmUatty rweot'decl .aaementa from adjacent properties and/or from abutting pubk et.r...ta . The eoeementa a*> ,.,..,. a1 a bbnket dra~e eoeement for the bMe'fll of tM 1ubdlv'-ion to control, contain and the 1torm woter run off. tt i1 ekpr ... edly underwtood by the eubdivider that the lnl'laUation ond maintenance of oil drainage lmproYmenta il. and rwmoine foe.....,.r. the rnporwlbmt;y of aubc:Uvider, ita heire, euccnora and C*lgno. 61 ON SITE ZONlNG Tho property doocribod hereon io Zoned IAU-N (llixod U.. -Neighborhood) 7) FLOODPLAIN DESIGNAI'!ON By graphic plotting only tho property dotoeribod hereon fol io w~hln fho Fodorof lnouronC<O Role llop, Community Panel No. "08059C021& E" (doled .Lne 17. 2003) Sold Parcel her-folio In Zone "X" Oet.crlbed oa ·~ detet'T't'lined to be outside the 0.2Jr annuol chonee ftoodplaln•. 81 COMMON AREA MAINTENANCE Wotntnonoe of all exterior areca on the Peninl Row elte, excluding epeclrc unit potioe, wiU be maintained by the community homeowners ouociation and ;o'llmed by the recorded covenant. and rwltrictJone. CASE HISTORY p-z-01-06 fWZ-03-01 fWS-12-04 fWS-13-02 fNSP-13-03 IN HONOR OF 13155 WHEAT RIDGE SANITATTON DIS11UCT Recommended for Approval this ___ day of ---- ----by tho Wheel Ridge Senaotlon Olaltict. PhPlp BurQI. Preoldent of the Boord PLANNING co;o,(M[SSJONCERTIF!CATTON R.c:ornmendod fw Apprcwol thlo ___ day of ---- ----by t1>e Wheat Ridge Plonnlng Comml10lon. CiTY CEII.Tll'!CAT!ON Approved tMo __ doy of _____ • __ by tho Whoot RiciQe City Councn ATlEST Community Oevebpment Director Ditlc:tor of Pubr.: Worb COCiNTl' CLERK AND RECORDERS CERTTFICA:I'E Stoia of Colorado ) )SS Councy of Jefforeon ) I horoby cert;ty that thio plot woa filed in tho office of tho County Clerk and Recordor of Jeffonson County at Colden, Colorodo, at ____ I.Jn''Ciock__ II. on tllo __ day of , ___ A.D .• In Boo~<_ Page_ Rocopt;on No-----~ JEfTERSON COUNTY ClERK AND RECORDER ~j,uty-:------ DA1E OF SURVEY: APRIL 17, 2013 OA1E OF REVISION: AUGUST 13, 201l DA1E OF REVISIOH: S£PT. 27, 2013 DA1E OF REVISION: OCT. 31. 2013 ebmsurveyaOcomcaalnet \J PERRIN'S ROW FILING NO. 2 SUBDIVISION A REPLAT OF PERRIN'S ROW SUBDIVISION N.E. 1/4 Section 25, T3S, R69W, 6th PJA . City of Wheot Rldt,je County of Jefferaon, State of Colorado jsuRVEYS Drawn : RF I Date: 04-17-2013 I Scole: N/A 1 of 3 Cheek: JF I Job Number: 1852j1852SUB13.0WG UNPLATTED REC. NO. 200809.3834 I.IJ -N -ZONING R-3 ZON ING rouND YEllow PLAsnc CJ>P PLS 9010 M:ST UNE OF TH[ N: 705615.12 E: 124 720.01 E 1/2. NE 1/4, r-:::--::NW 1/4, NE 1/4 '-----------J SEC . 25, TJS, R69W, 6TH P.W. LOT 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I ADDRESS TABLE ADDRESS 56900 W. .38TH A \IE. 5690C W. .38TH A liE. 56909 W. 38TH A \IE, 5690A W . .38TH AVE. 56800 W. .38TH A \IE. 5680C W. 38TH A \IE. 566011 W • .38TH AVE. 5660A W . .38TH AVE. 56300 W. .38TH A \IE . 5630C W. .38TH A \IE. 56308 W. .38TH A \IE . 5630A W. 38TH AVE. 37950 DEPEW ST. 379SC D£PEW ST. 37958 DEPEW ST. 3795A DEPEW ST. 3791A DEPEW ST. 37858 DEPEW ST. 3785A DEPEW ST. 3781 A DEPEW ST. 37818 DEPEW ST. 3781 C DEPEW ST. 3781 D DEPEW ST. 3791 D DEPEW ST. 3791 C DEPEW ST. 37918 DEPEW ST. CROSS ACCESS INCRESS-EGRESS EASEI.IENT 3 (SEE NOTE 5, SHT. 1 OF 3) ---------------48.40' LOT SUMMARY TABLE AREAS USTED ARE I.IORE OR LESS LOT SO. IT. ACRES 1 2.373 0.0545 2 861 0 .0198 3 1.148 0 .0284 4 1,834 0.0375 5 1,634 0.0375 s 861 0 .0198 7 1,148 0.0284 8 1,834 0.0375 9 1,694 0.0375 10 881 0.0198 11 1,148 0.0284 12 2.627 0.0603 13 2.530 0.0561 14 980 0.0225 15 1,309 0.0300 15 3 ,9111 0.0918 17 3,503 0.01104 18 3,630 0.0833 19 3,830 0.0833 20 •.no 0.1095 21 1,244 0.0286 22 1,681 0.0.381 2J 3.490 0.0801 24 2.550 0.0568 25 1,218 0.0279 26 912 0.0211 TRACT A 5 ,768 0.1324 LOT 18 CURVE R.<.lMUS C1 48.00 C2 5.00 CJ 5.00 C4 28.50 C5 20.00 Cl8 5.00 C7 28.50' C8 28.50 C9 5 .00' C10 28.50 C11 25.17 C12 25.17 DELTA ANGlE ARC LENGTH CHORD BEARING CHORD LENGTH 2:1'2511 20.41 57717 211 20.24 110'0000 7.85 545"00 OJ 7 .07 110'0000 7.85 544'59'57 7 .07 411'40 15 22.97 N85"09 58 22.28 42'48 58 14.95 N68'l5 29 14.110 110'00'00 7.85 N45"00'0l"E 7.07 1111'4204 4 1.49 545'08 55 37 • .38 90'1 58 41 .76 544"51 05'W 37.5 110'0000 7.85 1144'59'57~ 7.07' 49'2403 22.115 N85"111 02"E 22.15 111'0809 7.97 N54'18 05 7 .93 011'3232 3.75 N50'15 50 3 .75' SET ~ NAil WITH ASS TAG, PLS 27263 705807.12 125023.32 ------' -- ~62' ---SS;[O~J§..."W-l--" --- -- IN HONOR at 13155 N.E. COR. SECTION 25, T3S, R69W, 6TH P.M. rOUND l.25" BRASS CJ>P , PLS 13212 IN R.8 . CITY OF WHEAT RIDGE PT. NO. 15901 NORTHING 705845.1 0' EAsnNG 126373.93' ELEVA nON 5421 .39' t-----_____ ., ---- • r-----, I I I I l _____ J ,.-----VICINITY MI-AP"------... N.T.S. I t;; "' ~~THAVE ~ Ill ~ SITE a i ~ ~ iS 0.. ! ... ... Q W. 35TH AVE. W. 33RD AVE. W. 32ND AilE. CITY OF WHEAT RIDGE CO LEGE NO SET MONUIIENT AS NOTED. PLS 27263 FOUND MONUMENT AS NOTED AUCA.JOT CORNER AS NOTED SEE CURVE TABlE r0R CURVE DATA EASEMENT UN£ CROSS ACCESS. INCI!E5S-ECRESS EASEMEN T SEE NOTE 5. SHT. 1 Of 3 20 ~ 1p 2.0 40 §•. I I I ( Dl U.S. SURVEY FEET ) I lnDh • 20 fL """ ., ~ INC. 141 8 S. Add ison Ct. ._ .....,.~,..., Aurora, CO 80018 I.NjQ SUfM.YIIIG SElMCES 720-37 3-8376 cbmsurveysOcomcaat.net PERRIN'S ROW FILING NO. 2 SUBD IVISION A REPLAT at PERRIN'S ROW SUBD IVI SION N.E. 1/4 Section 25, T3S, R69W, 6th PJ.I . City of Wheat Ridge County of Jefferson, Stole of Colorado Drown : Rr Dote: 04-17-2013 Scale: 1"=20' Check : Jf' Job Number: 1852 1852SUB2J.DWG CBM PERRIN'S ROW FILING NO. 2 SUBDIVISION A REPLAT OF PERRIN'S ROW SUBDIVISION A TRACT OF LAND LOCATED IN THE N.E. 1/4 OF SECTION 25, ~~~g~c~;1A~a~~1~Tl~/Fi~ T3S, R69W OF THE 6TH P.M., CITY OF WHEAT RIDGE, ~~t!.cWHEAT-~~~~4·15909 COUNTY OF JEFFERSON, STATE OF COLORADO EASTlNG • 12.3725.79' El£VAT10N -54111.00' SHEET 3 OF 3 $;:J.~sg's7"E-s93.oe'•·l"-,l.------------~-- ~ ;llg M"ST 3877-1 A VENUE R•15.00' ~~:..... !::lSi RECEPTION NO. 91043310 THREE b•81742'27" ~~'-~ 8' INGRESS/EGRESS EASEiotENTS l•23.49' ~':J., I REC. NO. n59B995 CB•S45'08'43"E ·<5'.l ·'t""---~---~------------'S80!2!!9'~5!!!9...ii'5!.!.7..!"E:.......29fl!..!1~.09!!!_' ------"T"~H::;ER:::EB=V.:......:.:VA=CA:;;TED-=rB:_;Y_lHI=S.:_PLA::.:,T........,---._'Cl•21.1 6' I ------ I : r ·-· _lTL._.T _ .. _ITL ·-T ---1 ~·-·---r ·-, ---~---I I . i . . ' I . 1 -------- I r-, , i . . ~~~ i ! i ! 1 i : : : !LoT 2 i LOT 3 l LOT 4koT skoT s !LOT 7:: !C I I I ! ! ! I I I I I ! I I I I I I I I ! · · I I I I I i ! ! ! ! ! I I i I I L ~-::!-~_:.~.:_=_!_=_=...:_:!:.::_= _:-:~ _:.:_-l.. I I I OETE~TlON POND I I 1 1 LOT 1 EA wENT ·s· r - --·-·--.. -· -:JI 1 1 1 ):~o.;.~~9a\-r------==-=! I I I '"f1S PLAT I / LOT 8 : I ' _r--------/1 I //( I-_-·-__ -·-·-_ -1 1 I L--~ -------~--------------~ / I I ---...J SANITARY 5E'IitR L-/ LOT 9 I -----EASEioiENT __ _/ ----~-------REC. NO. nB4.l205 f-.. -,_ .. _ .. -.. -.. -.. - -.. --1 I L HEREB~~t~ ~ BY i I I --------------------------------.., LOT 10 i I BLOCK 1 I f---_ .. _. -· -.. -. _ .. _. -j I I i LOT 11 i I I 1-·-.. -· -· _ ·-· _ .. _ .. _ .. _ -j I I I I I . LOT 12 L...j I i--.. -.. -·-·-·-.. -.. -··-·-1 I 5.5' SIDEWALK EASEioiENT I---~'--REC. NO . n5911995 N89"59 57 I I I LOT 13 I I r--------~~ L---_j L ~-;.·~~:;_J : REc . NO. n 5911995 1 HERE~~~T.F BY I 305.119 VACATION NOTES a. The oooomonta created ~ Porrin'o Row SubdMolon at RocepUon No. fl~S995 ohown he,_, thlo Sheet 3 of 3 ""' Hon~by Vacated ~ thlo Plat b. All of the Lola and Bloclco CfWCtod ~ Perrino Raw Subdhllolon at Reception Ha. F1598995 aOO.n hereon INa Sheet J of 3 o,. Hereby IWnOYOOd by thlo Plat. I HEREBY VACA TEO BY THS PLAT ---- Randy Forluln , PIS 2 Job No. 1852 Date' October J 1 • 20 I For and on Behatf of -- IN HONOR OF 13155 H.E. COlt SECTlOH 25, T35, R89W, 6TH P.lol. FOUND 3.25' BRASS CAP , PlS 13212 IN R.B. QTY OF WHEAT RIDGE PT. NO. 15901 NORlli!NG • 705845.1 0' EASTlNG • 128373.93' El£VAT10H • 5421 .39' ----1.---___ , 13.,9 .6L ----- ... o5'.J~---3~- _,-----VICINITY M,-AP---, N.T.S. Iii ~ ~ J: I "' ~8TH AVE ~ en Iii SITE ~ ~ ~ ~ f!J i 0 W. 35TH AVE. W. JJRO AVE. W. J2ND AVE. CITY Of WHEAT RIDGE CO 20 0 10 20 40 ~,,I ( Dl U.S. SURVEY FEET ) 1 Inch -20 ft. CBII SUM:YS, INC. 141 6 S. Addison Ct. C 8 M IJMl SUfM.Yf«l saMB ~~~~·7f~s~g 18 cbmaurveyoOcomcoat.net PERRIN'S ROW FlUNG NO. 2 SUBDIVISION A REPLA T OF PERRIN'S ROW SUBDIVISION N.E. 1/4 Section 25. TJS, R69W, 6th P.l.4. City of Wheat Ridge County of Jefferson, State of Colorado Drown: RF Dote: 04-17-2013 Scole: 1'=20' Check : JF Job Number: 1852 1852SUB33.DWG ~·J.~ .... ~ City of ?\VheatRi_dge PLANNING COMMISSION Minutes of Meeting October 17, 2013 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge , Colorado. 2. ROLL CALL OF MEMBERS 3. Commission Members Present: Anne Brinkman Alan Bucknam Dick Matthews Steve Timms Amanda Weaver Meredith Reckert, Senior Planner ark Westberg, Project Supervisor Kim Waggoner, Recording Secretary It was moved Commissioner MATTHEWS and seconded by Commissioner BUCKNAM to aRprove the order of the agenda. Motion carried 5-0. 5. APPROVAL OF MINUTES-September 19, 2013 It was moved by Commissioner MATTHEWS and seconded by Commissioner WEAVER to approve the minutes of September 19, 2013, as written. Motion carried 3-0 with Commissioners BRINKMAN and MATTHEWS 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 - October 17 , 2013 Attachment 3 No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS-13-02: An application filed by Richard Oneslager for a major subdivision plat for a townhouse development on property zoned Mixed Use Neighborhood (MU-N) located at 5670 W. 38 1h Avenue. This case was presented by Meredith Reckert. She entered into public record the case file , the zoning ordinance , the Comprehensive Plan, and the digital presentation. The property is within the City of Wheat Ridge and all posting requirements have been met. The Planning Commission does have jurisdiction to hear this case. She reviewed the staff report and digital presentation. Staff recommends approval of the major subdivision plat. Planning Commission's ecommendation will be forwarded to City Council whom will have the final auth0rization to approve or deny. Commissioner BUCKNAM reiterate the Wheat Ridge Fire District indicated the interior traffic lane needs to be main tat ea as a fir lane. He asked of the interior lane will allow for two-way traffic due to the · dth deaica ion . Ms. Reckert stated the plan accommodates one-way traffic into the deve pment and exiting out the southern dri ve . The minimum width for the access ease ent is 20-feet. The fire district require s 26 -feet between structures. The plan is being efined . Commissioner BUCKNAM asked if there was any on-stt:,eet parking within the development. Ms. Reckert stated there will be one row of five parallel spaces along the north side of the detention pond. There was a short discussion about the interior drive and the number of units allowed. Commissioner MATTHEWS inquired about parking standards. Ms. Reckert stated all of the individual units have garages. The mixed use zoning requires between 26 and 65 rarking spaces. There are 44 garage spaces, 5 surface spaces and street parking on 38 11 Ave. and Depew St. Commissioner TIMMS asked if the density meets the MU-N standards. Ms. Reckert stated yes. Commissioner TIMMS asked about the process for the site plan review and if a site plan has been submitted. Ms. Reckert stated a site plan has been submitted. The site development review is administrative and the first comments are complete and the site plan should be resubmitted by the applicant. Commissioner TIMMS asked ifthe 15-foot wide lots are consistent with City code. Ms. Reckert stated that there are no minimum lot sizes or widths in the MU-N zoning. Planning Commission Minutes October 17 , 2013 -2 - Commissioner TIMMS asked for explanation of the differing building heights on the lots and asked if the City or applicant will maintain the tree lawn on 38th and landscaped area on Depew. Ms. Reckert deferred the height question to the applicant and the stated the tree lawn is in an easement the City maintains and the landscaped area on Depew will be maintained by the homeowners ' association. Commissioner TIMMS ask about the approximate density on the property to the south and the apartments across Depew St. Ms. Reckert stated to her recollection they are all at 21 units per acre. Chair BRINKMAN inquired about the required 26 feet of clearance between lots since the easement is 20 feet and asked for an explanation of a clear. Ms . Reckert displayed the site plan and stated the row houses adjacent to 38th Ave. have driveway approaches which increases the effective width of the fire lane access. The applicant will have to work with the fire district to make sure they can serve the development. Chair BRINKMAN asked if the two curb cuts on 381h Avenue have to be vacated. Ms. Reckert stated no but they would need to be closed and filled in with curb and gutter to match the rest of the street improvements. Richard Oneslager 4041 Nassau Circle W. Englewood , CO 80113 Mr. Oneslage stated e purchas d the propert 14 ears ago. 38th A venue needs more strong households. The project meets all the tee ical requirements and the vision of the 38 th Ave. corridors barea plan. Denver, CO Commissioner T MS asked to review the elevations and wondered about the exp cted price point for the uilits. Mr. Puccio stated there are a three unit types ranging from 1200 s uare feet to 1650 square feet. Price points will be from the mid- $200 's to he mid $3(}0'~. Commissioner IMMS asked about the rational of the townhomes and single family combination. Mi. Puccio stated there are 2 duplex units and no single family homes. State accessibility requirements have been met with the 2 main floor master bedroom fully accessible ADA units. Commissioner TIMMS asked about the project phasing and if there are any complications with the builder defect law. Mr. Puccio stated New Town Builders has not had any issues with defect litigation in the past 10 years . The project phasing will start with the comer of 38th and Depew with a four plex to represent all the units in one building type. Planning Commission Minutes October 17 , 2013 -3 - Commissioner MATTHEWS asked ifthe 15-foot wide lots will have tandem garages . Mr. Puccio stated they will have single car garages and every other unit has 2 car garages. Chair BRINKMAN stated she supported development but has concerns with 15-foot wide lots . She inquired about owner occupancy and renters within other similar developments. Mr. Puccio stated he didn't know the nwnbers but with the mix of22, 20 and 15-foot lots throughout Stapleton and other areas in the Denver region , there are less than 1 0% are rentals. Most serve as an entry oint of homeownership. Chair BRINKMAN inquired about snow removal, sanitation and parking on the private drive serving as a fire lane. Mr. Puccio replied waste collection will be private . Snow removal/relocation is anticipated to be on the western boundary of the site and parking will be outside of the 26-foot clear. Chair BRINKMAN asked if there has been consideration of dr-ainage when the snow melts . Henry Hollander Civil Engineer 9201 W . Tennessee Ave. Lakewood , CO Mr. Hollander stated the snow melt draining will go towards the internal access road and then ill drain into the graded ond in the ce ter of the property. Chair BRINKMAN inquired about the logic of26 units. Mr. Puccio stated it was a matter of the site constraints with the size of the parcel and the mix of housing widths to meet market demands. In othe develo ments with similar product there is a demand for smaller o-bedroom units. Chair BRINKMAN opened the public hearing . Billy Lang 3702 Eaton St. Mr. Lang asked if there will be any commercial in the development. Chair BRINKMAN stated no . Mr. Lang asked how the development meets the mixed use requirement. Ms. Reckert stated mixed use can include many different land uses. This area is more residential in nature. Mixed use in general allows single family , two- family , multi-family, office, restaurant , etc. This site is too small for both commercial and residential. Mr. Lang stated he had hoped to see some commercial uses in the development for convenience in walking to local businesses . Maria Olivares 3810 Depew St. Planning Commission Minutes October 17 ,2013 -4 - Ms. Olivares asked if there will be 2-level units. Ms. Reckert stated the row houses will be 2 .5 stories and the accessible units will be 1 story. Ms. Olivares asked when the construction will start. Mr. Puccio stated in the first quarter of2014 with the first four-plex. Ms. Olivares asked where New Town Builders have built similar projects. Mr. Puccio stated other developments have been built in Lafayette and southeast Aurora and the site plans are very similar to the Stapleton site. The colors and the brick will match the streetscape improvements on 38 1h Ave. Ms . Olivares stated the development in Lafayette is nice. Mary Broyles 5700 -5712 W. 38th Ave. Ms . Broyles stated her concerns about the snow piling and draining as the southwest part of the site is very close to her triplex. Slie aske if there would be any recourse if the drainage affected her property. Mr. Westberg stated the drainage is designed to drain to the interior of the site to the eo d. Any potenti issues will be resolved. Chair BRINKMAN closed the publi hearing. Commissioner WEAVER stated she has i edina IS-foot wide house . .She reiterated these homes are for entry level home owner ip. Commissioner BUCKNAM agreed with Commissi n r Weaver and stated this mix of narrower and wider lots is good. The 4-lot sections ke the project more buildable and feasible. The questions about the fire lane width ha e been addressed. Commissioner MATTHEWS stated he likes the internal sidewalks that connect the interior to 38th Ave. and asked Chair BRINKMAN for her opinion. Chair BRINKMAN stated she supports development but will not be voting yes for this plat due to the smaller lot widths and concerns for the frre lane plus there is no mixed use in the development. It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to recommend approval of Case No. WS-13-02, a request for approval of a twenty-six lot major subdivision plat for property located at 5670 W. 38th Ave., for the following reasons: 1. The proposed plat is consistent with the City's vision for 381h A venue and the MU-N zoning. 2. All requirements of the subdivision regulations have been met. 3. Utility districts can serve the property with improvements installed at the developer's expense. With the following conditions: 1. Property addresses be added to Sheet 2 of the plat document prior to recordation. Planning Commission Minutes October 17 , 2013 -5 - 2. The developer pay parks fees at the time of plat recording in the amount of$17,000. 3. A note with signature blocks be added on Sheet 1 as requested by the Wheat Ridge Sanitation District. 4. The Homeowners' Association covenants be reviewed and approved by Staff. Commissioner TIMMS stated he was in favor of the development and will support it. He thought it will be a positive feature as the site has been vacant too long. He is hopeful the density will spur more commercial ·n the area. Motion carried 4-1 with Chair BRINKMA voting no. Ms . Reckert stated the case will be heard by City Co neil on November 18. 8. OTHER ITEMS A. Ms. Reckert stated there will be a floodplain ordinance case on November 21. Mr. Westberg stated the deadline to adopt new state regulations is on Tanuary 14 , 2014 . December 5 will be an a temate date. B. Mr. Westberg stated there w·ll be open house on October 23 at the Recreation Center to review the revised floodplain , maps, and the new regulations. C. Ms . Reckert stated the 11" X 17" plat/plan format for yackets is in effect and asked the commission if the attachment was legible for review. There were no concerns. D. Commissioner TIMMS asked when the new council will be seated. Mr. Westberg stated hey will b sworn in on November 18. Commissioner TIMMS stated he would be out of the country for the November 21 Planning Commission meeting. 9. Adjournment It was moved by Commissioner MATTHEWS and seconded by Commissioner TIMMS to adjourn the meeting at 8:06 p.m. Motion carried 5-0. Anne Brinkman, Chair Planning Commission Minutes October 17 , 2013 Kim Waggoner, Recording Secretary -6 - .... ~·~ .. ~ .-City of • :rwheat:Rt_,dge ITEM NO:~ DATE: November 18 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ELECT THE MAYOR PRO TEMPORE D PUBLIC HEARING C8J BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N D READING D YES At the first or second business meeting in November of each year, the Council shall nominate by secret paper ballot, and elect by motion upon a majority vote , a Mayor Pro Tern who shall serve until their successor is elected. The Council is encouraged to confirm the nomination unanimously. Each Council Member has been provided one nomination form in their agenda packets. Each Council Member is asked to complete the form , fold it and hand it to the City Clerk during the hearing of this item. The City Clerk will announce the results of the secret ballot. FINANCIAL IMPACT: None BACKGROUND: Mayor Pro-Tem authority and duties I. To preside over the meetings of Council in the absence of the Mayor 2. To function as the Council Parliamentarian and advise the Chair and Council Members on Parliamentary rules 3. To review and set the Council agenda on Wednesdays prior to Council Meetings 4. To determine emergency items at Council Meetings 5. The Mayor Pro Tern has the authority to pull an item off the agenda with the exception of an item placed on the Agenda by two Council Members 6. To arrange for , and coordinate the orientation of all newly-elected officials within two months after the election. Council Action Form No vember 18 , 201 3 Page 2 RECOMMENDED MOTION: "I move to elect ________ as Mayor Pro Tern , effective immediately, term to expire upon election of their successor." REPORT PREPARED/REVIEWED BY: Janelle Shaver, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Mayor Pro Tern nomination form Below Space For Office Use Only Council Nomination for Mayor Pro Tempore Council Rules, CHAIRMAN, MAYOR PROTEM AND THE IR DUTIES, Section B.(l): At the first or second business meeting in November of each year, the Council shall nominate by secret paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tern who shall serve until their successor is elected. The Council is encouraged to confirm the nomination unanimously . Name of Council Member to be nominated This Council Member nomination of candidate for Mayor Pro Tempore was made and s ubmitted to the City Clerk on this 18th day ofNovember, 2013. City Clerk: _________ _ Attachment 1 City of Wheat Ridge Fom1 Rev .: 06/09