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HomeMy WebLinkAboutZOA-02-07INTRODUCED BY COUNCIL MEMBER F,;,.,~ Council Bill No. 37-2002 Ordinance No. 1275 Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-222 STREETSCAPE OVERLAY DISTRICT (SO) OF THE WHEAT RIDGE CODE OF LAWS WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to Streetscape Overlay Districts; and WHEREAS, properties located within the Streetscape Overlay District are required to meet the standards with new construction; and WHEREAS, there is concern that strict application of the regulations may discourage redevelopment, improvement or expansion of existing businesses in the city; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Paragraph 2, Section D. Enhanced Design and Construction Requirements. of Section 26-222 of the Wheat Ridge Code of Laws is hereby amended as follows: D. Enhanced Design and Construction Requirements. (List of identified streetscape elements) In the event the cost of improvements valve of the new construction of-a-peniiicccc~ developmen is equal to or less than 50% of the assessed actual value of the existing improvements on the property in question as reflected in the records of the Jefferson County Assessor's office, only streetscape improvements are not required. In the event the cost of improvements val= of the new construction is greater than 50% of the assessed actual value of the existing improvements as reflected in the records of the Jefferson County Assessor's office, the entire property must be brought into compliance with this section. "Cost of improvements" is defined as the combined total cost of the interior and exterior building improvements based on an accurate construction estimate for those improvements. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect immediately upon passage. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7_ to i- on this 9th day of December, 2002, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for January 13 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 13thday of January 2003. SIGNED by the Mayor on this 14th day of January 1 2003. 7 qfETCHEN CERVENY, MAY M ATTEST: ATTORNEY APP S TO FORM BY CITY GE DAHL, CITY A ORNEY Wanda Sang, City Clerk 1st Publication: December 12, 2002 2nd Publication: January 16, 2003 Wheat Ridge Transcript Effective Date: January 13, 2003 e 1pImning\forms\ord.frm OF WHEAT ~ Po U m REQUEST FOR CITY COUNCIL ACTION ~0[ORA~~ COUNCIL MEETING DATE: January 13, 2003 TITLE: CASE NO. ZOA-02-07, STREETSCAPE REGULATIONS ® PUBLIC HEARINGS ❑ ORDINANCES FOR 1ST READING ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ® ❑ Yes No A ODirector of Planning and Development RECOMMENDED ACTION: City Manager "I move to APPROVE Council Bill No. 37-2002, Case No. ZOA-02-07, an ordinance amending Section 26-222 (Streetscape Overlay District) of the Zoning and Development Code, for the following reasons: 1. A raised ceiling for application of the standards for installation of streetscape improvements may facilitate the expansion or improvement of small businesses. 2. There is currently no definition as to what "cost of improvements" includes." EXECUTIVE SUMMARY: This amendment to Section 26-222. (Streetscape overlay District) of the Zoning and Development Code modifies the existing streetscape regulations by increasing the "ceiling " for installation of streetscape improvements by using "actual" valuation of improvements on a property instead of "assessed" valuation. It also adds a definition for "cost of improvements". FINANCIAL IMPACT: The financial impact to the City as a result of action on the ordinance is negligible. COMMISSION/BOARD RECOMMENDATION: Planning Commission reviewed this case at a public hearing held on November 21, 2002. A recommendation of approval was made for the following reasons: 1. A raised ceiling for application of the standards for installation of streetscape improvements may facilitate the expansion or improvement of small businesses. 2. There is currently no definition as to what "cost of improvements" includes. It was further recommended that City Council look at this overlay district in order to develop a cohesive plan for each corridor and that the requirements be triggered only on large scale redevelopment. Additionally, City Council should re-evaluate whether the current standards are achieving their purpose, which is for local businesses to upgrade their properties. There were no interested parties testifying regarding the proposed ordinance amendment. PROJECT HISTORY: Section 26-222 (Streetscape Overlay District) was enacted as part of the adoption of the new Zoning Code in February of 2001. The proposed amendments were discussed informally with PWAC in August of 2002 who authorized the Planning and Development staff to initiate the amendment. STATEMENT OF THE ISSUES: The existing legislation allows staff to apply the streetscape standards when the proposed cost of new construction on a property exceeds 50% of the assessed value of existing improvements on the property based on the Jefferson County Assessor's records. Staff is worried that if the ceiling for installation of streetscape improvements is too low, it will discourage small businesses from expanding or improving their property. Staff is recommending that this section be revised to apply the 50% standard to the actual valuation. Typically the actual valuation is quite a bit higher than the assessed valuation on a property. 2. Staff has included a definition for "Cost of Improvements". The existing legislation is not clear as to what constitutes the value of new construction. Once again, we believe that if "new construction" includes any improvements to a property (paving, for example), it may be cost prohibitive for a small business to invest in new construction. ALTERNATIVES CONSIDERED: N/A Report Prepared by: Meredith Reckert (303-235-2848) Reviewed by: Alan White mr/ Attachments: 1. Council Bill No. 37-2002 INTRODUCED BY COUNCIL MEMBER, Council Bill No. 37 Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-222 STREETSCAPE OVERLAY DISTRICT (SO) OF THE WHEAT RIDGE CODE OF LAWS WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to Streetscape Overlay Districts; and WHEREAS, properties located within the Streetscape Overlay District are required to meet the standards with new construction; and WHEREAS, there is concern that strict application of the regulations may discourage redevelopment, improvement or expansion of existing businesses in the city; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Paragraph 2, Section D. Enhanced Design and Construction Requirements. of Section 26-222 of the Wheat Ridge Code of Laws is hereby amended as follows: D. Enhanced Design and Construction Requirements. (List of identified streetscape elements) In the event the cost of improvements value of the new construction ofa-per_ r developmerrt is equal to or less than50% of the assessed actual value of the existing improvements on the property in question as reflected in the records of the Jefferson County Assessor's office, only tire new evns~.Itivrt -cleritents - comply with this sectio . streetscape improvements are not required. In the event the cost of improvements rxh:e of the new construction is greater than 50% of the assessed actual value of the existing improvements as reflected in the records of the Jefferson County Assessor's office, the entire property must be brought into compliance with this section. "Cost of improvements" is defined as the combined total cost of the interior and exterior building improvements based on an accurate construction estimate for those improvements. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it ATTACHMENT 1 is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect immediately upon passage. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2002, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 12003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2003. SIGNED by the Mayor on this day of 2003. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: eApImning\forms\ord.frrn STREETSCAPE AND ARCHITECTURAL DESIGN MANUAL The Streetscape and Architectural Design Manual, adopted by reference on February 26, 2001, as a regulation applicable to site development within the Streetscape and Architectural Design Overlay Districts, is hereby amended pursuant to Section 26-224 of the Wheat Ridge Code of Laws. The Streetscape and Architectural Design Manual is amended to include specifications for streetscape improvements, to enable the City to require easements on private property and to enable the City to escrow funds for future improvements. These provisions shall be applicable to all property located within the Streetscape and Architectural Design Overlay Districts. Public notice of these proposed amendments was published in the Wheat Ridge Transcript on December 12, 2002. No comments were received as of the deadline of January 10, 2003. ADOPTED THIS 10TH DAY OF JANUARY 2003. A,- C Alan C. White, AICP Community Development Director CITY OF WHEAT RIDGE STREETSCAPE OVERLAY DISTRICT REGULATIONS 1. Scope and Authority These Streetscape and Overlay District Regulations ("these regulations") are adopted by the Public Works Director and the Director of Planning and Development, acting jointly, under the authority granted them by Section 26-222.E. of the Wheat Ridge Code of Laws. These Regulations apply to all "site development" (as the term is defined in Section 26-123 of the Code of Laws) within the Streetscape Overlay (SO) District (as that District is described in Section 26- 222 of the Code of Laws). Compliance with these Regulations is a precondition to approval of site development within the SO District. Streetscape design and construction requirements are detailed in the Streetscape and Architectural Design Manual which is hereby incorporated by reference. 2. Requirements All site development within the Streetscape Overlay District shall comply with the following requirements: A. Site development shall include the following improvements to the public right-of-way: 1) Trees, shrubs and ground cover 2) Paving materials 3) Retaining walls 4) Irrigation 5) Screen walls 6) Sidewalks B. To the extent the property which is the subject of a site development application is addressed in specific terms with plans or design documents prepared and adopted by the City, the requirements of such plans or documents shall be in addition to those set forth in Paragraph A of this Section and may include the following elements: 1) Fences 2) Trash containers 3) Benches 4) Bike racks 5) Pedestrian and vehicular lighting 6) Bus shelters 7) Planters 8) Bollards 9) Clocks 3. Procedures Prior to development within Streetscape Overlay District, the applicant shall complete an application for approval of a site plan. This plan may be submitted in conjunction with an application for a building permit. In addition to the information required by Section 26-111, the following shall be provided: • Description of and design drawings for public and private improvements proposed to comply with the requirements of these Regulations. • For private improvements, a signed Development Covenant and maintenance agreement guaranteeing construction and perpetual maintenance, in form approved by the Public Works Director. • For public improvements, a signed subdivision improvement agreement including a letter of credit, in an amount approved by the Public Works Director, and deemed by him to be sufficient to guarantee such construction. Such subdivision improvement agreement and letter of credit shall be administered in the same manner as provided by Code of Laws Section 26- 110 and the cross references contained therein. • Where inadequate right-of-way is available to perform the required improvements, the city shall have the right to obtain easements on private property to accommodate the improvements. 4. Payment in Lieu of Construction of Improvements In the event the subject property is located such that the required Streetscape improvements will not abut any similar improvement, or if a design for a specific street section has not been determined, the applicant may request that the city accept payment of funds in lieu of construction of all or portions of the public and private streetscape improvements which would otherwise be required by these Regulations and Code of Laws sections 26-222 and 224. Such request shall be submitted to the Public Works Director in writing. In the event the Public Works Director approves such a request, in whole or in part, the applicant shall deposit with the City certified funds in the amount agreed by the Public Works Director as sufficient to construct the improvement. Upon such deposit, the City shall assume all responsibility for construction and maintenance of such improvements. The funds deposited in escrow shall be held by the City exclusively for construction and maintenance of the streetscape improvements, and shall be administered in the manner provided by Section 26-110 of the Code of Laws and the cross references contained therein. The City may at this time secure right-of-way dedication and/or easements on private property to accommodate future improvements. 5. Adoption and Amendment of these Regulations These Regulations have been promulgated and adopted by the Public Works Director and the Director of Planning and Development, acting jointly, in compliance with Section 26-222.E. of the Code of Laws. These Regulations may be amended from time to time in the same manner. Adopted this 10'' day of January 2003. A ak~' Alan White, Community Developm erector Tim Paranto, Director of Public Works Published in the Wheat Ridge Transcript on December 12, 2002. p REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 9, 2002 TITLE: CASE NO. ZOA-02-07, STREETSCAPE REGULATIONS ❑ PUBLIC HEARINGS ❑ BIDS/MOTIONS ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes ® ORDINANCES FOR 1 ST READING ❑ ORDINANCES FOR 2ND READING No Director of Planning and Development RECOMMENDED ACTION: City Manager "I move to APPROVE Council Bill No. 39-2002, Case No. ZOA-02-07, on first reading, ordered published, public hearing set for January 13, 2003, at 7:00 PM in the Council Chambers of the Municipal Building, and if approved on second reading, take effect 15 days after final publication." EXECUTIVE SUMMARY: This amendment to Section 26-222. (Streetscape overlay District) of the Zoning and Development Code modifies the existing streetscape regulations by increasing the "ceiling " for installation of streetscape improvements by using "actual" valuation of improvements on a property instead of "assessed" valuation. It also adds a definition for "cost of improvements". FINANCIAL IMPACT: The financial impact to the City as a result of action on the ordinance is negligible. COMMISSION/BOARD RECOMMENDATION. Planning Commission reviewed this case at a public hearing held on November 21, 2002. A recommendation of approval was made for the following reasons: 1. A raised ceiling for application of the standards for installation of streetscape improvements may facilitate the expansion or improvement of small businesses. 2. There is currently no definition as to what "cost of improvements" includes. It was further recommended that City Council look at this overlay district in order to develop a cohesive plan for each corridor and that there requirements be triggered only on large scale redevelopment. Additionally, City Council should re-evaluate whether the current standards are achieving their purpose, which is for local businesses to upgrade their properties. There were no interested parties testifying regarding the proposed ordinance amendment. PROJECT HISTORY: Section 26-222 (Streetscape Overlay District) was enacted as part of the adoption of the new Zoning Code in February of 2001. The proposed amendments were discussed informally with PWAC in August of 2002 who authorized the Planning and Development staff to initiate the amendment. STATEMENT OF THE ISSUES: The existing legislation allows staff to apply the streetscape standards when the proposed cost of new construction on a property exceeds 50% of the assessed value of existing improvements on the property based on the Jefferson County Assessor's records. Staff is worried that if the ceiling for installation of streetscape improvements is too low, it will discourage small businesses from expanding or improving their property. Staff is recommending that his section be revised to apply the 50% standard to the actual valuation . Typically the actual valuation is quite a bit higher than the assessed valuation on a property. 2. Staff has included a definition for "Cost of Improvements". The existing legislation is not clear as to what constitutes the value of new construction. Once again, we believe that if "new construction" includes any improvements to a property (paving, for example), it may be cost prohibitive for a small business to invest in new construction. ALTERNATIVES CONSIDERED: N/A Report Prepared by: Meredith Reckert (303-235-2848) Reviewed by: Alan White MR/XX Attachments: 1. Council Bill No. 39-2002 C.TROGRAM FILES\QUALCOhN UDORA MAILUTTACF QUEST FOR CITY COUNCIL ACTION-REPORT FORMDOC CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 39-2002 Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-222 STREETSCAPE OVERLAY DISTRICT (SO) OF THE WHEAT RIDGE CODE OF LAWS WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to Streetscape Overlay Districts; and WHEREAS, properties located within the Streetscape Overlay District are required to meet the standards with new construction; and WHEREAS, there is concern that strict application of the regulations may discourage redevelopment, improvement or expansion of existing businesses in the city; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Paragraph 2, Section D. Enhanced Design and Construction Requirements. of Section 26-222 of the Wheat Ridge Code of Laws is hereby amended as follows: D. Enhanced Design and Construction Requirements (List of identified streetscape elements) In the event the cost of improvements value of the new construction of a permitted site development is equal to or less than 50% of the assessed actual value of the existing improvements on the property in question as reflected in the records of the Jefferson County Assessor's office, only the new construction elements themselves are required to comply vvith this section. streetscape improvements are not required. In the event the cost of improvements value of the new construction is greater than 50% of the assessed actual value of the existing improvements as reflected in the records of the Jefferson County Assessor's office, the entire property must be brought into compliance with this section. ATTACHMENT 1 "Cost of improvements" is defined as the combined total cost of the interior and exterior building improvements based on an accurate construction estimate for those improvements. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2002, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2003. SIGNED by the Mayor on this day of 2003. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: e iplanning\forms\ord.frm Matthew Bowman 5900 West 38th Avenue Mr. Bowman stated that he used the services of pawn shops when he was a college student. He explained that interest rates begin with 10% for thirty days and increase at a rate of 10% monthly up to a yearly rate of 120%. However, the pawn shops only hold the property for ninety days before it goes up for sale. Mr. Fein returned to the podium to ask if the city was still considering moving pawn shops to industrial districts. Commissioner SNOW explained the process up to this point. It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER that the ordinance remain as it is and that a special use not be added to C-1. The motion passed 7-0. C. Case No. ZOA-02-07: Ordinances amending Section 26-222 of the Wheat Ridge Code of Laws concerning Streetscape Overlay District (SO). This case was presented by Meredith Reckert. She reviewed the staff report which recommended approval of the ordinance which would ease the negative effects of the present ordinance on potential small business projects. Following discussion by the Commission, Chair WEISZ asked to hear from members of the public. Robert McGhee 5940 West 38th Avenue He stated his belief that this ordinance would force all improvements onto the business owners. He asked for general standards for streetscaping and that expensive items, such as lampposts, be paid for by the city. He expressed concern that too much pressure on businesses to pay for improvements will force those businesses out of the city. It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER that Case No. ZOA-02-07, proposed amendments to Section 26-222D, Streetscape Overlay District of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of approval for the following reasons: 1. A raised ceiling for application of the standards for installation of streetseape improvements may facilitate the expansion or improvement of small businesses. 2. There is currently no definition as to what "cost of improvements" includes. It is further recommended that City Council look at this overlay district ordinance in order to develop a cohesive plan for each corridor and that these requirements be triggered only on large scale redevelopment. Commissioner SNOW requested a friendly amendment that City Council also re-evaluate whether the current standards are achieving their purpose which is for local businesses to upgrade their properties. Planning Commission Page 5 November 21, 2002 Commissioner McNAMEE accepted the friendly amendment. The motion passed 7-0. S. OLD BUSINESS • Commissioner PLUMMER inquired about trees which were removed from the Phillips 66 and from the cabinet shop at 41" and Kipling. Alan White replied that staff is looking into this matter and will initiation code enforcement. • Commissioner McMILLIN asked about the intensity of light coming from the Phillips 66 station. Alan White explained that since the light bulb is visible from the property line, it is a violation of code. Code enforcement will also address this issue. Meredith Reckert advised Commissioner McNAMEE that Foothills would receive a certified letter in the next few days regarding the pedestrian access to 47`h Place. The letter also expressed the city's concern about parking. 9. NEW BUSINESS Election of Plannine Commission Chair - It was moved by Commissioner McNAMEE and seconded by Commissioner SNOW that a recommendation be forwarded to City Council to change Planning Commission bylaws so that elections for chair and vice-chair are moved to coincide with new appointments to the Commission and that elections be held the first meeting after new appointments are made. The motion passed 7-0. It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER that Paula Weisz continue as Chair and Nancy Snow continue as Vice Chair until new appointments are made to the Planning Commission. The motion passed 7-0. Commissioner McMILLIN asked when the position vacated by Jerry Collins would be filled. Commissioner McNAMEE stated that it was her understanding that City Council planned to wait to fill this position when all new appointments are made in March. 10. COMMISSION REPORTS There were no Commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. ADJOURNMENT. It was moved by Commissioner PLUMMER and seconded by Commissioner McNAMEE to adjourn the meeting at 9:25 p.m. The motion passed 7-0. Sula!ZWisz, Chair Arm Lazzeri, l6cording S ret y Planning Commission Page 6 November 21, 2002 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: VMeredith Reckert SUBJECT: Case No. ZOA-02-07/Streetscape Regulations DATE: November 15, 2002 This memorandum is in regard to proposed revisions to Section 26-222. D. of the Streetscape Overlay District - Enhanced Design and Construction Requirements. Attached in ordinance form are our recommended changes. As usual, additions are shown in bold type and deletions are designated with strike thfottghs. Staff has been administering the regulations for over a year now and has realized that many times strict application of the regulations has had a negative affect on potential projects. Typical streetscape improvements may vary in price from installation of 3" caliper street trees at $525 each to installation of special pedestrian lamps at $3920 each. Staff is recommending the following changes. The existing legislation allows staff to apply the streetscape standards when the proposed cost of new construction on a property exceeds 50% of the assessed value of existing improvements on the property. Staff is worried that if the ceiling for installation of streetscape improvements is too low, it will discourage small businesses from expanding or improving their property. Therefore, Staff is recommending that this section be revised to apply the 50% standard to the actual valuation of improvements on a property rather than the assessed valuation. On the attached example sheet from the assessor's office, please compare the assessed value of the existing improvements ($32,020) to the actual value of the existing improvements ($110,400). Using the assessed value of the improvements, application of the 50% rule would be $16,010 where application on the actual valuation would be $55,200. 2. Staff is also recommending the addition of a definition for "Cost of Improvements". The existing legislation is not clear as to what constitutes the value of new construction. Does it address just building improvements or does it include site work such as parking lot paving and landscaping improvements? Once again, we believe that if "new construction" is all inclusive, it may be cost prohibitive for a small business to invest in new construction. RECOMMENDED MOTION: "I move that Case NO. ZOA-02-07, proposed amendments to Section 26-22D. Streetscape Overlay District of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: A raised ceiling for application of the standards for installation of streetscape improvements may facilitate the expansion or improvement of small businesses. There is currently no definition as to what "cost of improvements" includes." CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-222 STREETSCAPE OVERLAY DISTRICT (SO) OF THE WHEAT RIDGE CODE OF LAWS WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to Streetscape Overlay Districts; and WHEREAS, properties located within the Streetscape Overlay District are required to meet the standards with new construction; and WHEREAS, there is concern that strict application of the regulations may discourage redevelopment, improvement or expansion of existing businesses in the city; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Paragraph 2, Section D. Enhanced Design and Construction Requirements. of Section 26-222 of the Wheat Ridge Code of Laws is hereby amended as follows: D. Enhanced Design and Construction Requirements (List of identified streetscape elements) In the event the cost of improvements value of the new construction of a permitted sit development is equal to or less than 50% of the assessed actual value of the existing improvements on the property in question as reflected in the records of the Jefferson County Assessor's office, errly comply with this seetioji. streetscape improvements are not required. In the event the cost of improvements valve of the new construction is greater than 50% of the assessed actual value of the existing improvements as reflected in the records of the Jefferson County Assessor's office, the entire property must be brought into compliance with this section. "Cost of improvements" is defined as the combined total cost of the interior and exterior building improvements based on an accurate construction estimate for those improvements. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council finther determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2002, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 12003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2003. SIGNED by the Mayor on this day of 2003. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: e:\planning\fo=\ord. frm Jefferson County Assessor System Assessor Home Jeffco Home New Search 100 Jefferson County Pkwy Golden, Colorado 00410 303-271-8600 Tax + Value Information Actual V 27; 110. 138, Assessed V 8. Dist 3 Page 1 of 2 Actual Value 27,600 110,400 138,000 Assessed Value 8,000 313 5.21 IDate assessed:4-18-2001 I y 3139 jy County 22.416 School F 45.2071 1WHEAT RIDGE 11 1.860 REGIONAL TRANSPORTATION DIST. 0.000 URBAN DRAh IAGE&FLOOD CONT DIST 0 590 WHEATRIDGE FME DIST. 4.500 WHEATRIDGE SAN. DIST_ . 0.650 111WHEATRIDGE W. DIST. I O 0001 ;cords Disclaimer: us information is prepared as an ongoing commitment to the public to prop curate, quality and up-to-date information to the public. us is an informational service and will be maintained during normal busine urs, 8 a.m. to 5. p.m., Mondays through Fridays. If any service interruption rvice occurs during non-business hours, the problem will be addressed at tl ginning of the next business day. http://ww4.co.jefferson.co.uslapps/servletlats.atsdisplay?s=ch=5&sch=021954&ptype=2& 10/21/2002. NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on November 21, 2002, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. MS-02-06: Application filed by Herb Fightmaster for approval of a 4- lot minor subdivision plat on property zoned Residential-Three (R-3), located at 11641 & 11661 West 44th Avenue and 4455 Simms Street and legally described as follows: A TRACT OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6T" PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO BEING THAT PORTION OF LOTS 13 AND 14, LEE'S SUBDIVISION, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 2 AT PAGE 23, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 20, THENCE N.00-3 1'29"W. ON AN ASSUMED BEARING ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 20, A DISTANCE OF 653.34 FEET TO THE SOUTHEAST CORNER OF SAID LOT 13 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING N.0003 1'29"W. ALONG THE EAST LINES OF SAID LOTS 13 AND 14, A DISTANCE OF 335.30 FEET; THENCE S.89°11' 17"W. A DISTANCE OF 330.87 FEET TO A POINT ON THE WEST LINE OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER 92112784 OF THE JEFFERSON COUNTY RECORDS; THENCE S.00°29'30"E. ALONG SAID WEST LINE, A DISTANCE OF 128.92 FEET TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE N.89°10' 15"E. ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE OF 9.03 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF SAID LOT 13; THENCE S.00029'30"E. ALONG SAID WEST LINE A DISTANCE OF 205.07 FEET TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF SAID LOT 13; THENCE N.89°14'37"W. ALONG THE SOUTH LINE OF SAID LOT 13, A DISTANCE OF 322.04 FEET TO THE TRUE POINT OF BEGINNING. Case No. ZOA-02-06: Ordinances amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes to the Table of Uses for the Commercial & Industrial Districts regarding psychic advisors and pawn shops. Case No. ZOA-02-07: Ordinance amending Section 26-222 of the Wheat Ridge Code of Laws concerning Streetscape Overlay District (SO). Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: November 7, 2002 City of Wheat Ridge Planning and Development Department Memorandum TO: The Streetscape Regulations Implementation Team FROM: dlhleredith SUBJECT: Streetscape Regulations DATE: October 31, 2002 Attached in ordinance form is a copy of the proposed amendments to the zoning code relative to the comments generated on October 21, 2002. The revisions are designated by for deletions and bold type for new language. Attached also are streetscape regulations which will be adopted as an addendum to the streetscape manual. The initial language was generated by the city attorney's office. Revisions to the original document are shown in bold type. Provisions added by staff subsequent to the changes in bold are shown in bold italic type. Please review and comment. We have scheduled the zoning code amendments for Planning Commission public hearing on November 21; 2002. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-222 STREETSCAPE OVERLAY DISTRICT (SO) OF THE WHEAT RIDGE CODE OF LAWS WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to Streetscape Overlay Districts; and WHEREAS, properties located within the Streetscape Overlay District are required to meet the standards with new construction; and WHEREAS, there is concern that strict application of the regulations may discourage redevelopment, improvement or expansion of existing businesses in the city; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT SECTION 26-222.D. OF THE WHEAT RIDGE CODE OF LAWS IS HEREBY AMENDED BY THE FOLLOWING MODIFICATIONS AND ADDITIONS: D. Enhanced Design and Construction Requirements......... In the event the value of the new construction of a penttitted site development is equal to or less than 50% of the assessed actual value of the existing improvements as reflected in the records of the Jefferson County Assessor's office on the property in question, the streetscape improvements are not required. In the event the value of the new construction is greater than 50% of the assessed actual value of the existing improvements as reflected in the records of the Jefferson County Assessor's office, the entire property must be brought into compliance with this section. "Cost of improvements" is defined as the combined total cost of the interior and exterior building improvements based on an accurate construction estimate for those improvements. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2002, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2002. SIGNED by the Mayor on this day of 2002. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY CITY OF WHEAT RIDGE STREETSCAPE OVERLAY DISTRICT REGULATIONS 1. Scope and Authority. These Streetscape and Overlay District Regulations ("these regulations") are adopted by the Public Works Director and the Director of Planning and Development, acting jointly, under the authority granted them by Section 26-222.E. of the Wheat Ridge code of Laws. These Regulations apply to all "site development" (as that term is defined in Section 26-123 of the Code of Laws) within the Streetscape Overlay (SO) District (as that District is described in Section 26-222 of the Code of Laws). Compliance with these Regulations is a precondition to approval of the site development within the SO District. Streetscape design and construction requirements are detailed in the Streetscape and Architectural Design Manual which is hereby incorporated by reference. 2. Requirements. All site development within the Streetscape Overlay District shall comply with the following requirements: A. Site Development shall include the following improvements to the public right-of- way: 1) Trees, shrubs and ground cover 2) Paving materials 3) Fences 4) Trash containers 5) Retaining walls 6) Irrigation 7) Screen walls 8) Benches 9) Bike racks 10) Pedestrian and vehicular lighting 11) Bus shelters 12) Sidewalks 13) Planters B. To the extent the property which is the subject of a site development application is addressed in specific terms with plans or design documents prepared and adopted by the City, the requirements of such plans or documents shall supersede those set forth in Paragraph A of this Section. 3. Procedures Prior to development within Streetscape Overlay District, the applicant shall complete an application for approval of a proposed plan. In addition to the information required by Section 26-111, the following shall be provided: • Description of and design drawings for public and private improvements proposed to comply with the requirements of these Regulations; • For private improvements, a signed Development Covenant and maintenance agreement guaranteeing construction and perpetual maintenance, in form approved by the Public works Director ; • For public improvements, a signed escrow agreement including certified funds, in an amount approved by the public works Director, and deemed by him to be sufficient to guarantee such construction. Such escrow agreement and funds shall be administered in the same manner as provided by Code of Laws Section 26-110 and the cross references contained references contained therein. • Where inadequate right-of-way is available to perform the required improvements, the city shall have the right to obtain easements on private property to accommodate the improvements. 4. Payment in Lieu of Construction of Improvement In the event the subject property is located such that the required streetscape improvement will not abut any similar improvements, or if a design for a specific street section has not been determined, the applicant may request that the city accept payment of funds in lieu of construction of all or portions of the public and private streetscape improvements which would otherwise be required by these Regulation and Code of Laws Section 26-222 and 224. Such request shall be submitted to the Public Works Director in writing. In the event the Public Works Director approves such a request, in whole or in part, the applicant shall deposit with the City certified funds in the amount agreed by the Public Works Director as sufficient to construct the improvement. Upon such deposit, the city shall assume all responsibility for construction and maintenance of such improvements. The funds deposited in escrow shall be held by the city exclusively for construction and maintenance of the streetscape improvement, and shall be administered in the manner provided by Section 26-110 of the Code of Laws and the cross references contained therein. The city may at this time secure right-of-way dedication and/or easements on private property to accommodate future improvements. 5. Cost Recovery. Prices for cost recovery shall be in accordance with attached Exhibit A. 6. Adoption and Amendment of these Regulations. These Regulations have been promulgated and adopted by the Public Works Director and the Director of Planning and Development, acting jointly, in compliance with Section 26-222.E. of the Code of Laws. These Regulations may be amended from time to time in the same manner. Adopted, this day of Alan White Director of Planning and Development 2002. Greg Knudson Interim Director of Public Works Published in full in the Wheat Ridge Transcript on 12002. Case No.: OA0207 Quarter Section Map N App: Last Name: City Related Cases: App: First N ame: y Case Histor y: Owne r. Last Name: Owner: First Nam e: App Addre ss: - ~ Review Body: City, State Z ip: App: Pho ne: APN: Owner Address: 2nd Revie w Body: City/St ate/Zip: 2nd Review Date Owner Phone: ~u Decision-making Body - Project Address: - Appro val/Denial Date: Street Name : ~ City/State, Zip: Re so/Ordinance No.: Case Disposition: Project Planner: Reckert File Lo cation: ctive Notes: Follow- Up: o.: mend code concerning treetscape Overlay District (SO) PC CC I Ny Conditions of Approval: District: F_ Date Rec eived: 10/2912002. Pre-App Date: I CROtoji~ye'1 I City of Wheat Ridge Planning and Development Department Memorandum TO: FROM: SUBJECT: DATE: Members of the Public Works Advisory Committee F WHEgT O o Z3 m PotoRn°° Alan White, Planning and Development Director QN Streetscape Requirements July 2, 2002 Staff has been working with the Streetscape and Architectural Design Manual for a little over a year. There have been only a few land use cases that have been affected by the requirements, but as redevelopment projects increase, more cases will be affected. The following are observations about the requirements of the Manual after working with it for a year. 1. The streetscape overlay district provisions require the installation of enhanced streetscape elements when the value of construction of any improvements to a property exceed 50% of the current assessed valuation of the improvements on the property, typically buildings. This does not include the value of the land. For commercial properties, the assessed valuation is 29% of actual value. This is potentially burdensome for smaller owners and may discourage any improvements. Consider these examples: p, ) M A building with an actual value of $1,000,000 would have an assessed value of $290,000. Improvements to the building and site would have to total more ham than $145,000 to trigger streetscape improvements. A building with an actual value of $200,000 would have an assessed value of $58,000. Improvements to the building and site would only have to total $29,000 for streetscape elements to be required. 2. The Manual contains recommended spacing for certain elements, but not for others. Placement of the first element from which the spacing starts depends on a variety of factors. When reviewing a project for potential streetscape elements it is difficult to know whether the bench should be on this property or the one next door; whether this property is the appropriate location for a pedestrian light or not. Without at least concept plans for each corridor, requiring streetscape elements on a piecemeal basis is guesswork at best. 3. The Manual speaks to creating different designs for the corridors depending upon the character of the surrounding neighborhood. Without plans setting out the designs for the different corridors, it is difficult to know what style bench or pedestrian light to require. Is every corridor to look like 38`' Avenue? 4. The three dilemmas above could be addressed by having the option of requesting fees in lieu of the installation of a portion or all of the required streetscape elements. There currently is no authority in the Manual to collect fees, but the general authority to amend the Manual is contained in both the Streetscape and Architectural Design Overlay Districts. The ability to collect fees in lieu of construction ® can be accomplished by an amendment to the Manual promulgated and adopted by the Planning Director. It is important to understand Council's expectations regarding streetscape. Piecemeal improvements are possible, but design and placement of elements without at least some planning is uncertain. Elements could be installed which are later removed if the City undertakes another multi-block project. I would request the opportunity to discuss these issues with the members of PWAC at your convenience. cc: Randy Young, City Manager CADmumeme and Settings\almN9y Documents\WPFdes\Projecrs\steetscape\pwu memo.wpd STREETSCAPE AND ARCHITECTURAL, DESIGN MANUAL The Streetscape and Architectural Design Manual, adopted on February 26, 2001 by reference as a regulation applicable to site development within the Streetscape and Architectural Design Overlay Districts, is hereby amended pursuant to Section 26-224 of the Wheat Ridge Code of Laws. The Streetscape and Architectural Design Manual adopted herewith by the Planning and Development Director shall replace the previously adopted Manual and shall establish additional regulations applicable in the Streetscape and Architectural Design Overlay Districts. Public Notice of these proposed amendments was published in the Wheat Ridge Transcript on December 13, 2001. No comments were received as of the deadline of January 11, 2002. ADOPTED THIS I IT" DAY OF JANUARY, 2002. ~1 r Klan C. White, AICP Planning and Development Director C.WyFiles\WPFiles\Pmjects\streetecape\manual adopdon.wpd