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Home My WebLink About02/23/2004 6:30 p.m. Pre-Meeting ~~~rl~~ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 23. 2004 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF February 9. 2004 PROCLAMATIONS AND CEREMONIES Proclamation honoring the Wheat Ridge High School Band, Orchestra and Choir CITIZENS' RIGHT TO SPEAK 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. 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 Item 1. PUBLIC HEARING ON RESOLUTION 04-2004 - ADOPTING AMENDMENTS TO THE WHEAT RIDGE COMPREHENSIVE PLAN. ORDINANCES ON FIRST READING Item 2. COUNCIL BILL 01-2004 - PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE-C TO RESIDENTIAL THREE FOR PROPERTY LOCATED AT 3281 CHASE STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. (Case No WZ-03-11) (Marc and Emily Cave) CITY COUNCIL AGENDA: February 23, 2004 Page -2- Item 3. COUNCIL BILL 02-2004 - AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 6375 WEST 44TH AVENUE. DECISIONS, RESOLUTIONS, AND MOTIONS Item 5. APPROVAL OF LICENSE TO USE RIGHT-OF-WAY - MELODY HOMES SKYLINE ESTATES FILING 3 SUBDIVISION. ASSIGNMENT OF BUS SHELTER AGREEMENT TO OUTDOOR PROMOTIONS, INC Item 4. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO February 9. 2004 The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Mike Stites, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Public Works, Tim Paranto, staff; and interested citizens A moment of silence was observed to honor former Po/ice Chief, Ed Pinson APPROVAL OF MINUTES OF January 26.2004 Motion by Mr DiTullio to approve the Minutes of January 26, 2004, seconded by Mr Gokey; carried 8-0 PROCLAMATIONS AND CEREMONIES Crisis Intervention Team Program Honoring Chief Jack Hurst; Deputy Chief Joseph Cassa; Sergeant Kevin Armstrong, Raymond Slaughter, Colorado Division of Criminal Justice, and Heather Cameron, Colorado Division of Criminal Justice Senator Moe Keller, representing the National Alliance for the Mentally III, commended the Police Department for their support and dedication and thanked the City of Wheat Ridge for their leadership regarding this issue Presentation of a plaque to former Councilman David Schneider by District III Council Members Karen Adams and Mike Stites in recognition of his distinguished service to the City of Wheat Ridge as a former Council Member in District III CITIZENS' RIGHT TO SPEAK Bill Dilger, 2650 Harlan Street, testified on behalf of H B 1209, which deals with the condemnation of private property and also Urban Renewal There is also a companion bill 1203, which will be coming up shortly There is a disease going around in Municipalities in Colorado, which is the belief that taking a person's private property and converting it to another use, is not abusive, but is a good thing for the community This bill will take away your ability to seize people's property under the guise of Urban Renewal He strongly suggested that Council consider the fact that the moral issue of a person working hard, having a business for 50 years, only to see it being taken away, because something better in it's place would look better, is not the answer. CITY COUNCIL MINUTES February 9, 2004 Page -2- Wally Pulliam, 6622 Salvia Court, Arvada, introduced himself as a Republican Candidate for County Commissioner from District 1 in Jefferson County. Item 1 Consent Agenda: A. Approval of Purchase of Pool Chemicals from C E M Sales and Service B Award City Hall HVAC Control Modifications Project. C Reschedule Council Study Session from February 16 to February 17, 2004 Consent Agenda was introduced and read by Mrs. Adams Mr Gokey asked to pull Item B Motion by Mrs Adams for approval of Item A. and Item C of the Consent Agenda, seconded by Mrs Rotola, carried 8-0 Motion by Mr. Gokey to award ITS-04-005, City Hall HVAC Control Modifications to Westland Construction, Littleton, CO in the amount of $196,16800 He further moved that an auxiliary amount of $49,042 00 be established to accommodate any additional work service beyond the specified portion He further moved that all costs associated with this contract be paid from account number 30-610-800-811, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series, seconded by Mrs Rotola. Tim Paranto, Director of Public Works, presented the history of the HVAC system in City Hall Due to budget constraints, the work is proposed to be done in 3 Phases Phase 1 improvements include design, replacing the control system, making minor duct changes and cleaning the ducts With new controls the airflow would go to the right locations during the right times in the day The engineers recommend that we place another small air conditioning unit in the ceiling in the computer room. Some piping for the Solar System needs to be removed We have been out of compliance that we don't have a backflow preventer on the entry pipe into the building and need to add that. The contingency amount is much larger than usual in case we encounter problems along the way and don't want to stop the work to get additional funding Motion by Mr Gokey to amend the motion to direct the office of the City Manager to update Council in the weekly Manager's Memorandum on expenditures exceeding the amount of the contract; seconded by Mr Schulz; carried 8-0 Original Motion as amended carried 8-0 CITY COUNCIL MINUTES February 9, 2004 Page -3- DECISIONS, RESOLUTIONS, AND MOTIONS Item 2. Appointment to Wheat Ridge Housing Authority. Motion by Mr. DiTullio to ratify the appointment of Katherine Nuanes, District 11/, to the Wheat Ridge Housing Authority; term to expire March 2, 2007, seconded by Mrs Rotola; carried 8-0. Item 3. Revision to the Council Rules of Order and Procedures regarding elimination of term limits for Council President and Mayor pro tem. Motion by Mrs Sang to amend the Mayor pro tem section of the Council Rules of Order and Procedure The rule is stated thus. B Mayor pro tem 1 At the first or second business meeting in November of each year, the Council shall elect, by a majority vote, a Council President and a Mayor pro tem, who shall each serve until their successor is elected Council President and Mayor pro tem will be elected by motion only. seconded by Mr DiTullio Motion by Mr. Gokey to strike the motion language "will be elected by motion only" to read "will be elected by secret ballot", seconded by Mrs Rotola, carried 8-0 Motion as amended carried 7-1 with Mrs Rotola voting no. ELECTED OFFICIALS' MATTERS Mayor Cerveny announced that people who did not receive the City's newsletter, or had misplaced theirs, could get another copy either at City Hall, the Rec Center or Senior Center She encouraged people to read it. There will be 6 issues in 2004 City Clerk, Pam Anderson, announced that Council would interview Board and Commission applicants at the February 17 Study Session and appointments would be made March 8 Mike Stites stated that Districts III and IV started a new deal, called "The Wheat Ridge Challenge" What they are trying to do is promote business in Wheat Ridge, promote sales tax revenue If you buy in Wheat Ridge, the sales tax revenue goes to Wheat Ridge CITY COUNCIL MINUTES February 9, 2004 Page -4- Dean Gokey commented on tensions in his district regarding an events center whose overflow parking spills into the surrounding neighborhood Wanda Sang agreed with Mr Gokey's comments and feels that it is imperative that a mediator be brought in to negotiate between the business and the neighbors Jerry DiTullio wanted to send out his best wishes to get well soon to Kevin Robb and Bill Donaldson who have been ill recently Meeting adjourned at 8 02 p m - ') APPROVED BY CITY COUNCILON FEBURARY 23, 2004 BY A VOTE OF _ to _ Wanda Sang, Council President 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. Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions PROCLAMATION HONORING THE WHEA T RIDGE HIGH SCHOOL BAND, ORCHESTRA AND CHOIR WHEREAS, the Wheat Ridge High School Band, Orchestra and Choir will perform in Manhattan, at the Statue of Liberty and at Ground Zero In March 2004. WHEREAS, each Band, Orchestra and ChOIr members personal contributIOn has made a dIfference In the success of thIS group; and WHEREAS, the achIevement of thIS musical group and the special honor it wIll receIve In performing and representIng the Wheat Ridge Community In New York City is credIted to the dedicatIOn of each Band, Orchestra and Choir member. NOW, THEREFORE, on behalf of the Mayor and City Council do hereby give special recognitIOn to the Wheat RIdge High School Band, Orchestra and Choir IN WITNESS WHEREOF, I do hereby set my hand and Seal ofthe CIty of Wheat RIdge thIS 23rd day ofFp.hm~ry, 2004. Dean Gokey, Mayor ProTem Pamela Y. Anderson, City Clerk ITEM NO' I, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. February 23, 2004 TITLE: A RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF WHEAT RIDGE COMPREHENSIVE PLAN ~ PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1ST READING (Date:) D ORDINANCES FOR 2ND READING QuasI-Judicial D Yes [g] No ~()J1iL C1ty~ Commumty Development Director EXECUTIVE SUMMARY: At the December 15,2003 CouncIl Study SeSSIOn, Councll duected staffto prepare an amendment to the Wheat Ridge Comprehensive Plan for the purpose of extending the City's planning area to the west ofI-70 Two amendments are proposed. One amendment extends the plannmg area outSide the city boundanes and the other IS a reVISIOn to Chapter 7. Includmg an urban growth boundary mto the ComprehensIVe Plan wJl1 make the Plan consistent with Metro VISion 2020 RecogmtlOn of and consistency With Metro Vision IS prerequisite of slgnmg the Mile High Compact The Mile High Compact IS a document that pledges a local government to support the principals and core elements of the regional plan. Slgmng the Mile High Compact mcreases the potential for funding requested transportatIOn Improvements m the City. In addition, state statute reqUIres that a mumclpalIty have in place a plan for any areas considered for annexation. Such plan may extend up to three miles from the mumcipality's boundary Chapter 7 IS proposed to be replaced III ItS entuety With the new Chapter The new Chapter 7 more directly speaks to Metro VISion and regIOnal cooperatIOn. A public hearing on the amendments scheduled for Planmng Commission action on January 15, 2004 Due to a lack of quorum, the Item was contmued to February 5, 2004. At the February 5, 2004 heanng, the CommiSSIOn recommended approval With amendments. COMMISSION/BOARD RECOMMENDA nON: At a publIc heanng held on February 5,2004, the Planmng Commission recommended approval With the followmg amendments 1 Delete the area bounded south of 32nd Avenue and west of Y oungfield. 2. Create a new land use category, SF (2), and apply to all residential areas in the Falrmount area on the Future Land Use Map Staff agrees with these amendments. A descnption of the SF (2) Classification IS attached as Attachment 4 ThiS should be mcorporated mto the amendments. STATEMENT OF THE ISSUES: The currently adopted Comprehensive Plan does not Identify areas of potential development outside the City's boundaries. The 2001 Plan contams a general diSCUSSIOn of areas ofpotentJal annexatIOn, but does not Illustrate the areas on any maps or recommend any future uses m these general areas. The City must have a plan m place pnor to considering any annexation. Staff supports the Planning Commission recommendatIOn of deletmg the area south of 32nd A venue and west of Young field from the urban growth boundary A portIOn of this area (bounded by 32nd A venue, Y oungfield, 20th A venue and 1-70) IS already recogmzed as part of Lake wood' s urban growth boundary Including thiS area m our urban growth boundary IS a departure from what we submitted III the mid-1990's and would require a mediatIOn process with Lakewood to determme which urban growth boundary the area would be mcluded in. The remamder ofthe area south of32nd A venue and west of Y oungfield IS reSidential, representmg httle benefit to the City RegIOnal TransportatIOn Improvement Plan (TIP) pnontles are based upon the number of pomts awarded to a potential project. Pomts are awarded for slgnmg the Mile High Compact The City IS currently not entitled to these pomts because It has not Signed the Compact The ComprehenSive Plan IS a pohcy document mdlcatmg m a general how the City will develop m the future. By extendmg the plannmg area outside the current boundanes, these poliCies Will extend to areas outSide the City. ExtenSIOn of the plannmg area to mclude the urban growth boundary does not commit the City to annex any area. The deCision to annex remams a discretIOnary policy decision. The City has very hmited areas for future development and redevelopment. Redevelopment on infill sites is increasingly difficult. The urban growth boundary represented in the amendment is the city's only potential growth area. As such, it represents an area for tax base and employment expansion. AL TERNA TIVES CONSIDERED: I Do not adopt amendments. 2. Adopt a larger urban growth boundary, up to three mlles from current City boundanes. CICOMP PLAN\AmendmenlS CAF.doc 3 Adopt a smaller area. FINANCIAL IMPACT: There \S no dnect financial Impact m adoptmg the amendments There may be potentIal future revenue generated by any development occurnng wlthll1 the proposed urban growth boundary, but there wIll also be Impacts of provldmg servIces and mfrastructure to serve that development. The deCISIOn to annex any such development IS dIscretIOnary, but the decIsion should be gUIded by \\- elghmg the potentIal benefits to the CIty agamst the potentIal costs. RECOMMENDED MOTIONS: OptIOn I Adoptmg the Plan as presented m the packet without any amendments "J move to adopt Resolution No 04-2004 ) l Wheat RIdge ComprehensIVe Plan." . a resolutIOn adoptll1g amendments to the " .i , OptIon 2 Adoptll1g the Plan wIth the Plannmg CommISSIon suggested amendments "1 move to adopt ResolutIon No 04-2004 a resolutIOn adoptll1g amendments to the Wheat RIdge ComprehensIve Plan wIth the followlI1g amendments A Delete the area south of32nd Avenue and west of Young field. G Create a new land use category, SF (2 l, and apply to all resldentJaI areas m the Falmlount area l>' ,C) on the Future Land Use Map The descnptlOn of SF(2) as proposed m Attachment 4 shall be ~ ~ ~ 1f':-~-~ ...~~ lI1corporated mto these amendments. . '- ""'> OptIOn 3 Do not adopt the amendments "1 mo\ e to deny adoptIon of ResolutIOn No 04-2004 Report Prepared by. Alan WhIte, Commumty Development Director Attachments: 1 Plannmg CommISSIOn resolutIon ") Planmng CommIssIon memorandum 3 Proposed ComprehensIve Plan amendments 4 SF (2) DescnptlOn 5 Resolution No 04-2004 (( '()\1P I'L\J\ -\mendlllcnlS C <\F doc CITY OF WHEAT RIDGE PLANNING COMMISSION RESOLUTION NO. I Series of 2004 A RESOLUTION CONCERNING ADOPTION OF AMENDMENTS TO THE WHEAT RIDGE COMPREHENSIVE PLAN AND FORWARDING SAID RECOMMENDATION TO THE WHEAT RIDGE CITY COUNCIL. WHEREAS, the City of Wheat Ridge adopted a Comprehensive Plan on October 25, 1999 and amendments were considered and adopted on January 24, 2000; and WHEREAS, c.R.S 31-23-206 (2) provIdes that the ComprehensIve Plan may be amended by the CIty from hme to tune; and WHEREAS, the ComprehensIve Plan dId not include any areas outsIde the corporate lImIts of the CIty as IS permItted under state enablIng legIslatIOn, and WHEREAS, pnor to annexatIon, a cIty must have In place a plan for the area considered for annexatIon pursuant to C.R.S 31-12-105, and WHEREAS, It IS the deSIre of the CIty to extend ItS ComprehensIve Plan boundary outside the corporate lImIts, and WHEREAS, the Plannmg CommissIon held a publIc heanng as provIded by SectIon 2- 60(b) of the Wheat RIdge Code of Laws, legal notIce thereof being duly publIshed in the Wheat RIdge Transcnpt and High Timber Times on January 8, 2004, SaId publIc hearmg held on February 5, 2004 NOW, THEREFORE BE IT RESOLVED by the Wheat Ridge Planning CommIssion thIS 5th day of February, 2004: The Comprehensive Plan amendments attached hereto as ExhibIt A are recommended for approval to the City COunCIl. 2. A copy of thIS Resolution shall be forwarded to the CIty CouncIl A TrEST- WHEAT RIDGE PLANNING COMMISSION IljC1AJQ/' /nc,c)~ Chair I , <.. l-<-'l"-- ../ ~~.:~c/I...A- Secretary to the CommiSSIOn < C\Documents and Sening;\kalhyf\My Documents\Kalhy\PCRPTS\PLANGCOM'wpa040 I rcs.doc \ . ..../ ATTACHMENT 1 City of Wheat Ridge Community Development Department Memorandum TO: Plannmg CommISSIOn FROM: Alan WhIte, CommunIty Development Director SUBJECT: Case No WPA 04-01, Amendments to the ComprehensIve Plan &>>J DATE: January 30, 2004 (NOTE. A new packet and addendum has been prepared to replace what was dlstnbuted for the January 15th meetIng. RecommendatIOns are Indicated by bold italic type, and changes have been made either to the appropriate text or map in the attached materials.) Because of a lack of quorum at the January 15th meetIng. thIs agenda Item was not heard. Under the Plannmg CommIssIOn bylaws, members were polled and the item was contmued to the next meetIng date, February 5th The Plan Amendments were dlstnbuted to the follOWIng agenctes for revIew and comment. . CIty of Arvada . Clly of Golden . CIty of Lakewood . Jefferson County . Denver Regional Council of Governments A summary of comments and staff's responses follow The City of Arvada dId not respond. The City of Golden commented that this plan area overlaps with the plan area of Golden, but generally the plans are In agreement as to future land uses DIscrepancies with the Central Plams and North Plams Commumty Plans were noted for the Applewood area and the large area of CommunIty CommerCIal west of 1-70 and north of 32nd Avenue An additIOnal comment was made about recogmzmg the manmade lakes on the future land use plan, thmkmg that at some pomt In the future they may outlive theIr function and ment removal or reconfiguratlon Golden suggests developmg an mtergovernmental agreement to address development m the areas of mutual concern. Re!>ponse It was never the intent to suggest redeveloping Applewood to a higher density The residential land use categories we have to work with are 4 0 and 60 dwelling units per acre Applewood is at 3 0 units per acre Staff recommends deleting the area south of 32nd Avenue and west of Youngfieldfrom the urban growth area. ATTACHMENT 2 l \('O.\.1P 1'L.-\~\rL'\'le\\. comffil;'llb pc memo.Jex.: ... Tlie large area Ilesr of 1-70 IS rhe only larKe, l'acUlU area l1.djacent to Wheat Ridge with the potential to ae commodate future development With the absence of vacalll parcels of slglllficant size l1:ithin the City. this area presents an opportunity for development of tax- generatlllg uses The lakes are l/nportallt water sources fur Ihe Coors brewery To think that the lakes may not be needed III the future is suggesting the demIse of one of the largest compallles alld . employers in the state This comment has no ment The City of Lakewood and DRCOG commented that there IS an overlap with Lakewood's urban growth boundary ThIs overlap area IS bounded by 32nd Avenue, Youngfield, 20th Avenue, and 1-70 Lakewood suggests developIng an Intergovernmental agreement to address the area. Response The area south of 32"d Avenue and west of Youngfield was not included in the City'S urban growth boundary submitted to DRCOG in the mid-1990's The area is pnmarily resldenlial, with a miXTure of retail and sen'ice uses along Youngfield. The area is of marginal benefit to Ihe Ciry from a revenue sTandpoinT and probably a liability from a .I'en'ice ,1.tQlU'f0l/1t Staff recommends deleting the entire area west of Y oungfield and south of 32" A venue from the urban growth boundary. If the area is retained, the single family areas should be re-classified as SF (4). Jefferson County commented about a number of items, mostly deahng WIth the future land use deSIgnatIOns and dIscrepanCIes with the North PlaInS and Central Plams Commulllty Plans Our mtent was to match as closely as possible the designatIons of the two plans WIth our eXlstlllg deslgnatlOns and not create new ones speCifically for thIS addendum. The denSIty of Applewood IS 3 0 UllltS per acre. We show It as 4.0 umts per acre Response Staffrecommends deleting the areafrom the urban growth boundary. If it is not deleted, change the designation to SF (4). Given the multitude of ownerships and estabZzshed nature of the neighborhood, it is unlikely That the area will redevelop, especially to higher densities The area would have to be rezoned to achieve higher densities TIllS is not a zoning map, but merely a comprehensive plan designation. 2. NeIghborhood retmlls shown for the shoppIng center south or 20th A venue. A developer wants to redevelop It as a mIxed used area. Several comments were received by the County during their plannIng process that thIS strip maillS not neighborhood servIng. Response Not neighborhood ser\illlg? Maybe It doesn't meet the shopping needs of the neighborhood, b!Jt it certainly isn't a communiry or regional shopping cellter While mIXed use IS encouraged and a zonlllg district has been created to allow such uses in the City, a mixed use category should be used with caution. Years ago, the Fruitdale Valley Maste; Plan (a subarea plan jar the City) designated large areas for mIXed use along 4411z Avenue west of KIpling Now in this area are uses sLlch as a truck stop, several RV and trailer sales lots, a tire re-capping facility, mini-storage, and residential. Unless properly defined and lrmited. a mixed use category can have unintended consequences Designatmg this area mixed use would require a definition, /ists of attributes and characteristics, and an C \COMP PLAN\review comments IX memo_doc 2 amendmelll to Chapler 2 We were trYlIlg to avoid changes to Chapter 2 Staff recommends leaving the designation as NR. :I The area south of Clear Creek and west of 1-70 IS shown as Industnal on the County plan and as CommunIty Commercial and Business Park III our addendum. County comments were that the area IS zoned for mllllllg, heavy industry. and water storage Coors was cuncerned about theIr land use recommendatIons, property nghts, and expectatIOns of Applewood residents. The Community CommerCIal deSIgnatIon of the area west of 1-70 and north of :l2nd A venue IS contrary to the County's goal of preserving commerCIal and industrial land to Improve the Jobs-to-housing imbalance in the County Response Existlllg County zoning does not contralfuture use If the area is annexed bv the City The large area west of 1-70 is the only large, vacant area adjacent to Wheat Ridge WIth the potelllzal to accommodate future development With the absence of vacant parcels of signijiulIlt .\Ize witlun the CIty, thIs area presellls an opportul1ll'>' for developmelll of tax- generating uses The designation of Community Commercial mirrors the non-residelllial designation of the Coullly, so It IS difficult to wmprehend how this designatIOn affects the jobs-to-housing balance 11l the County Keep the designation as Community Commercial. 4 A collector road IS shown from McIntyre parallel to SH 58 at EldrIdge, where It extends southeasterly to connect eventually to 32nd A venue None of these road Impruvements IS shown in the CountywIde Transportation Plan The County IS concerned about Impacts on the 1_70/32nd Avenue Illterchange and dIsruptIon of the property owner's mining and water storage actIVItIes The area appears to be underserved With access pOInts gIven lls sIze Response The 1-70/32"d Avenue illlerchange IS within the Otv of Wheat Ridge. The plan recommends improvements to the intersection. Any developmelll impacting the interchange and street s\'stem WIll need to mitir;ate those impacts. The plan recommends completion of the SH58/1-70 interchange When in place, these ramps should divert much of the traffic using McIlllyre and 32"d A venue to the two highways, lessening congestion at the 32nd/1-70 interchange. To increase access to the area west of 1- 70 and lessen the impact on the 1_70/32nd interchange, staff recommends adding a collector road connecting Y oungfield to the proposed Eldridge!32nd A venue collector as shown on the revised Transportation Plan map. 5 Statements about the questIOnable benefit of annexing the enclaves north of the City were responded to With a request to modify the language so as not to dIscourage land owners from annexlllg. "It IS at times impractIcal and ineffiCIent for the County to delIver servIces to these detached properties." Response The COllllly originally zoned and approved these uses The impracticalities and inefficzencles of servh e deliven should be considered before a cOllntv decides to apprave urban land lIses 6 DenSItIes III Fainnount are shown III the County plan at 2 UnIts per acre. Our Plan shows the denslly at 4 UnIts per acre. C-\COMP PLAN\n:\'iew comments pl' memo doc :I Re,lponse The written comment contradicts l1'hat IS shown as the plan recommendation The County map shows the recommendation as either residential up to 3 0 or up to 4 0 units per acre. We could show the recommended future land use as AER - Agricultural Estate ReSidential, This is a recommended lot size of ih acre which translates to a densirv of 2 units per acre. Leave the designation as SF (4). 7 ConsIder "mIxed use" desIgnatIon along Ward Road rather than the NeIghborhood CommercIal designation There IS already a small Industrial park in the area and the neIghborhood commercIal desIgnatIOn excludes reSIdentIal uses. Response See response to #2 above concerning mixed use Change the designation to 0- Small Office/Business Park. TIllS is more m keeping with the existinf? uses m this area. 8 Consider "mIxed use" desIgnatIOn along the east SIde of McIntyre between 44th and 52nd Owners want to develop a mIxed use development WIth residentIal and office uses. Response See response to #2 above Leave the designations as shown on the map. 9 Change the desIgnatIon of Mount OlIvet Cemetery from PublIc/SemI-publIc ThIS desIgnatIOn allows uses and faCIlities that that may not be compatible WIth the Fairmount area, such as schools, hospItals, publIc works facilItIes, and fire statIons Response The adopted Comprehensive Plan includes cemeteries in the defillltion ()f public and semi-public uses. In trying to avoid changes throughout the document and keep changes confined to the addendum, existing definitIOns were used. While the designation doesn't fit the County's definition, the Intent IS that the cemetery is recognized and will remam III the future. It is highly unlikely that use as a cemetery will change and that a hospital or public works building would be built, unless ownership changed. In such event, an amendment to the plan would be appropriate at that tllne. Keep the designation as Public/Semi-public. 10 The County does not have a mInor collector category Response While we tried to mirror the County plans, IlOt every category we use matches exactly with the Counrv's cate*ories This is another case. The streets shown as minor collectors are Indiana and 4811 Avenue. The County plan shows them as collectors. Each classification is one step above the lowest claSSification of local or neighborhood street Since the intent of the addendum is to include the area in the City's Comprehensive Plan, the City's classifications should be used. II Arvada Fire does not proVIde serVIce In the area. Response This IS correct. This statement should be deleted from the addendum. 12. The County suggests developing an Intergovernmental agreement addressing future development In areas of mutual concern. Response Staff supports developing illtergovernmental agreemellts cOllcerning future development areas and issues with all surrounding jurisdictions. ( \('OMP PLAN\review cumments pL' memo.doc 4 Staff recommends approval with the changes noted m thIs memorandum Suggested Motion: "I move to adopt ResolutIon No 01-04, a resolutIon concemmg adoptlOn of amendments to the Wheat RIdge ComprehensIve Plan and forwardmg saId recommendatIOn to the Wheat RIdge CIty CouncIl " C:\CUMP PLAN\n:VlC~ comments pc memo.doc 5 ADDENDUM TO THE CITY OF WHEAT RIDGE COMPREHENSIVE PLAN URBAN GROWTH AREA ADDITION INTRODUCTION This document serves as a supplement to the City's Comprehensive Plan adopted by City Council on October 25, 1999 Amendments were considered and adopted on January 24, 2000 The adopted Comprehensive Plan does not identify areas of potential development outside the City's boundaries The Plan contains a general discussion of areas of potential annexation, but does not illustrate the areas on any maps or recommend any future uses in these general areas Prior to any annexation, C R.S 31-12-105 requires that a municipality have in place a plan for the area, including proposed land uses Such plan may extend up to three miles from the municipality's boundary There are unincorporated areas to the northeast, north, west and southwest of the current City boundaries Areas to the northeast and north are primarily unincorporated industrial or multi-family enclaves which, although eligible for annexation, present questionable benefit to the City versus the costs of providing services A majority of the area to the west of Ward Road north of 1-70 consists of established residential neighborhoods, public uses (schools), and a cemetery These uses provide little benefit to the City compared to the costs of providing services. A large area west of 1- 70 between 32nd Avenue and Clear Creek is vacant and may provide development opportunities of benefit to the City Southwest of the City are commercial areas along Youngfield and the established residential area of Applewood In the mid-1990's the City submitted to the Denver Regional Council of Governments (DRCOG) its proposed urban growth boundary as part of the preparation of the regional plan known as Metro Vision 2020 The identified urban growth area was generally bounded by 1-70, W 32nd Avenue, Mcintyre Street, and W 52nd Avenue Containing a little over two square miles, this area was not incorporated into the Comprehensive Plan This Comprehensive Plan addendum addresses the potential urban growth area to the west of the City The area subject to this addendum is illustrated on Map 1 The addendum meets the requirements of C R.S 31-12-105 of having a plan in place should the City consider any annexations 1 Wheat RidQe Comprehensive Plan - Urban Growth Area Addendum ATTACHMENT 3 r-------~~~---~--~~~~~~ 1 1 1 1 1 1 I I 1 1 I 1 1 S.H. ~e : I 1 I .1 I 1 1 I (f; N.TS us Q) .... ~ c:: u ~ - en ltl c:: ltl -C c:: us Q) Cl -C .;:: ::Q W .....--/ -- --- - ,--, l.....---- 1 I 1 I 1 I 1 I L.._., -~ L 1 L__ 1 1 " 1 1 1 I 1 I 1 ) I ( I \.-___"""____ I .. l I 1 I I 1 I -----.... ............. -c CY -c .... ltl ~ ~e' a.~O ~ ~.~ 1 I r--I 1 I 1/1 J ",1(;) ~e' ~~ ~.~ ~e' a.~o ~ ~.'5 ~e' ~~ '),.\5 ~. Boundary Area Map 1 LAND USE Existing Land Use Existing land uses in the urban growth area are varied To the northwest are areas of low to medium density residential development and commercial development along Ward Road To the west of Ward Road is Mount Olivet Cemetery and industrial development along W 44th Avenue and State Highway 58 The area to the west of 1-70 between 32nd Avenue and 44th Avenue contains a golf course, and several old gravel pits now used for water storage A majority of this land is vacant and undeveloped Land uses to the south of 32nd Avenue include low to medium density residential development. commercial uses along Youngfield Street, and a country club Public uses in the planning area include Drake Middle School, Manning Middle School, Maple Grove Elementary School, the Table Mountain Animal Shelter, Arapahoe Park located at 44th Avenue and Indiana, Maple Grove Park located at Indiana and 32nd Avenue, and a CDOT maintenance facility adjacent to SH58 Development Constraints Few natural hazard areas are present in the planning area The Clear Creek 100- and 500-year floodplains generally parallel SH58 in the center of the planning area. No other natural hazards exist in the area. 1-70, SH 58, and Clear Creek present constraints to development by acting as barriers to providing road, utility and other infrastructure improvements to the central portion of the planning area State and federal rules mandate where access can occur and the manner in which rights-of-way may be crossed for installing utilities. Responding to calls for service in the planning area is made more challenging by the restricted access these barriers present. County Plans Because the urban urban growth area is currently unincorporated, Jefferson County has jurisdiction over planning and zoning matters The urban growth area lies within two subareas the County has identified for planning purposes The North Plains Plan covers that portion of the urban growth area north of Clear Creek and the Central Plains Plan covers the area to the south of Clear Creek. 2 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum Originally prepared in the late 1990's, these plans have recently been updated The process of updating these plans included extensive public meetings These subarea plans show recommended land uses as residential in existing established residential neighborhoods and retail or mixed uses for existing commercial areas along Youngfield Applewood Golf Course, Rolling Hills Country Club, and Clear Creek are shown as major park/recreation/open space areas Areas along Ward Road, W 44th Avenue and Mcintyre are recommended as mixed use areas containing office, light industrial, retail, and residential (up to 15 du/ac) uses The bulk of the large, undeveloped area to the west of 1-70 is shown as industrial Future Land Use Map The Future Land Use map reflects the recommended land uses for the area as shown in the County subarea plans The recommended land uses were matched as closely as possible to the land use categories contained in the Wheat Ridge Comprehensive Plan The Future Land Use Map (Map 2) illustrates recommended land uses for the urban growth area. The categories used and the definitions, desired character, and attributes of the various land use categories shown are the same as defined in Chapter 2 of the Comprehensive Plan and are hereby incorporated as a part of this Addendum Future land uses for the planning area are shown on the Future Land Use Map on the following page The Plan establishes the following recommended land uses' . Existing residential neighborhoods at the approximate densities shown in the respective County subarea plan, eitAef SF (4) or SF (6) . Existing parks and golf courses as parks and open space . Planned Business Park along W 44th Avenue and south of SH58 to Clear Creek, and north along Mcintyre Street . Small Office/Business Park along the west side of Ward Road . Neighborhood Serving Retail along the west side of Ward Road and the west side of Youngfield . The large, vacant area west of 1-70 between 320d Avenue and Clear Creek as Community Commercial . Mt. Olivet cemetery and schools as Public/Semi-Public 3 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum - - - -c (/) CJ) CJ) 0: Q) co Q) .... c C) "E ~ .~ -c co ~e' c -c 'C S a..<,O ~ 0 c :2 ~ W ~.~ r - -- - ~ - - ~ ......-- - -: - ...... -.....-----------, I . - .. 01 I I I~~ I : r--I I I 1,-:' I .1 S.H.58 PB ----_/ -- L I L__ 4_~ I I PB I I ~ I I I SF (4) NRI 1____- I' I --[ ~PRD(12) I {I : '---------t! PRD (12) Single Family 2 DU's/AC Single Family 4 DU's/AC Small OfficelBusiness Center _ Business Park PubliclSemi-public Neighborhood Serving Retail _ Planned Residential Development .Community Commercial T Open Space I _ Water Feature I Cl) NTS Future Land Use Map 2 y1'\:> ~e' %'~ ~.~ ~e' ~<,O ~ ~.~ ~e' ~ '\:>~ ~.'V TRANSPORTATION The existing street network consists of the major north-south connectors of Ward Road and Youngfield on the eastern border of the planning area, and Mcintyre Street on the western border East-west connectors are W. 52nd Avenue at the north, W 44th Avenue, W 32nd Avenue, and 20th Avenue to the south. 1-70 and State Highway 58 provide regional, limited access highway connections in the area The 1-70/SH58 interchange is currently a partial interchange with only limited movements provided. The Colorado Department of Transportation (CDOT) has prepared plans for the completion of the movements at this interchange, making it a full-movement interchange. This entails relocating the current eastbound on-ramp at 38th Avenue to the south and relocating the eastbound on-off ramps at Ward Road to the east. Timing of the construction of these improvements is currently uncertain Trails currently exist along Clear Creek from 1-70 west to Golden, along 52nd Avenue west of Ward Road, and along 3200 Avenue from 1-70 west to Maple Grove Park. Future Street Network The future street network in the area will build upon the existing grid system of north- south and east-west streets The roadway classifications in this plan are based upon the recommendations of the Countywide Transportation Plan The proposed street network for the area is shown on the Roadway Classification Map (Map 3). Improvements to complete the 1-70/SH58 interchange movements are needed to improve not only access to the area, but to increase mobility for the region Because of minimum spacing requirements, no new interchanges are proposed for 1-70 and SH 58; however, a grade-separated crossing of SH 58 is shown at Eldridge. Improvements to the 1-70/32nd Avenue interchange to increase capacity will be needed 1-70 and SH58 will continue to serve the dual roles of providing access to the area and carrying regional traffic. Major east-west streets included in the future street network are 20th Avenue, 32nd Avenue, 44th Avenue and 52nd Avenue. Streets providing north-south connections are Ward Road, Youngfield Street, Eldridge Street, and Mcintyre Street. A new connection from Eldridge Street at SH58 to the 1-70 Frontage Road at 32nd Avenue is proposed. A connection to this proposed collector is shown between Mcintyre Street and Eldridge Street in the alignment of the current frontage road. An additional collector is proposed to connect Youngfield to this Eldridge/32nd Avenue 4 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum collector with an underpass at 1.70. This will provide an additional access to the Community Commercial area. 5 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum S.H.58 " ~ Project Area , V\ Interstate \ ,\ Major Regional \ \ Arterial V\ Arterial I t Collector 1- Minor Collector '--.--~.~._~ ..... - - -C (/) Cf) Cf) 0:: Q) ca Q) -C c: C> ... ... ca .?;- .~ -C 'C S c: -C :!2 0 c: ~ W --..- , --- --- " . #' .- I I I I ....-- - -........ -, I I \ ({)N.TS . ~ ~ i ~ -'1",_ ft. ]i:' ~ . ~ ;,\ ~ < 5 . ~ @ * L J ~ 1 i i I I Ii ~ I \. - " ~e' ~ a,<'O ~.~ y1.~ ~e' ~ ~~ ~. ~e' a,<'O ~ ~.'?:> ~e' ~ ~~ ~.'P Roadway Classification Map3 COMMUNITY SERVICES Services in the planning area are currently provided by Jefferson County and several special districts Jefferson County currently provides general governmental services and law enforcement. Portions of the area are included in the Urban Drainage and Flood Control District. Special districts serving the area are listed below Fire Protection Districts . Fairmount . l\rv:Jd:J . West Metro Water and Sanitation Districts . North Table Mountain W& S . Valley Water . Fruitdale Sanitation . Northwest Lakewood Sanitation Park and Recreation Districts . Prospect A large area in the central portion of the planning area is not currently served by a water or sanitation district. Future Service Provision The City will provide general governmental services and police protection for any areas annexed by the City Fire protection will continue to be provided by existing districts currently providing services Water and sanitation services will continue to be provided by districts currently providing services within their respective boundaries Within the area currently not served by water or sanitation districts, there are three options to consider' . Inclusion into existing water or sanitation districts 6 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum . Formation of a new water and sanitation district, or metropolitan district, with provision of services by the new district. . Formation of a new water and sanitation district, or metropolitan district, with provision of services by another district or districts by contract with the new district. Provision of services by an existing or new district will depend upon the capacity of that district to provide treated water or sewage plant capacity and the financial ability to construct improvements It is likely a developer will need to pay for any infrastructure improvements, upgrades, or expansions Any new sewage treatment plants or expansions must be included in the Regional Clean Water Plan and be approved by the State Department of Public Health and Environment. 7 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum (This Replaces the current Chapter 7 in Its entirety) CHAPTER 7: REGIONAL PLANNING AND COOPERATION Many of the important issues facing communities today - air quality, water quality, stormwater drainage, and transportation mobility, are not confined to jurisdictional boundaries Consequently, regional approaches to problem solving are needed to improve the quality of life in individual communities Several regional plans have been adopted or are in the process of being updated These include Metro Vision 2020, the Countywide Transportation Plan, the North Plains Community Plan, and the Central Plains Community Plan The Denver Regional Council of Governments (DRCOG) adopted the Metro Vision 2020 in 1995 It is currently being updated and expanded to the year 2030 The Plan emphasizes local control over growth and development decisions, but also establishes a framework within which to make decisions that affect the entire metro area. The plan establishes six core elements 1 Extent of Urban Development - will occur within 700 square miles by 2020, accommodating the expected population growth and adding 165 square miles to the existing area The conversion of land should prevent the unnecessary extension of infrastructure, reduce regional vehicle travel, maintain air quality standards, and help preserve open space 2 Open Space - a regional open space system that shapes the region=s form, protects environmental resources, and provides recreational opportunities The recreational, environmental, visual and agricultural qualities of the region are of great value to residents and visitors As the region continues to develop, it will be increasingly important to identify and protect this valuable asset. 3 Free-Standing Communities - Boulder, Brighton, Castle Rock and Longmont to be separate from the urban area, with an adequate employmenUhousing balance and internal transportation system. These communities should retain their visual and physical separation and strive to meet the employment, service and facility needs of their new residents 4 Balanced, multi-modal transportation system - includes rapid transit, a bus network, regional beltways, bike and pedestrian facilities and improvements to the existing system The primary goal of transportation 7-1 Wheat Ridge Comprehensive Plan - A Guide to Development is to provide mobility and accessibility to support the physical, social and economic development of the region Metro Vision promotes an efficient transportation system by increasing capacity through public transit, system management, and providing for alternative modes in addition to roadway widening 5 Urban Centers - a range of activity centers in the region that serve as transit destinations, support retail, employment and housing, contain higher densities than the regional average, and encourage pedestrian- oriented travel They will be pedestrian-oriented, mixed-use locations of high intensity, providing a range of retail, business, civic, cultural, and residential opportunities for their surrounding trade areas Ranging from the Denver Center Business District (CBD) to the neighborhood supermarket, centers can serve as focal points for social, business and community activity, while enabling transit to better serve the community 6 Environmental Quality - acknowledges that the location and type of growth and land development have significant effects on the region=s air and water Environmental issues such as air and water quality are truly regional in nature Water quality will be addressed through the Clean Water Plan, an integrated watershed approach to managing regional water quality Air quality is linked with population growth, travel behavior and technology improvements Metro Vision reflects desired development and transportation patterns recommended by the Regional Air Quality Council (RAQC) to help curb increases in air pollution Metro Vision recognizes the fundamental link between land use, growth and development patterns, transportation, and environmental quality, and that regional issues can only be addressed by individual jurisdictions acting together Each core element provides a natural focus for addressing a wide variety of issues While they are broad in scope, each has a set of policy objectives that more fully describe how they provide for growth while striving to protect the regional qualities residents value While not faced with the challenges of rapid growth, Wheat Ridge is faced with many of the issues identified in Metro Vision 2020 Revitalizing commercial areas, maintaining stable neighborhoods and enhancing transit service all can be guided by the principles of Metro Vision 2020 Establishing a good working relationship with neighboring jurisdictions also helps Wheat Ridge to have more influence over what is developed on land adjacent to the City and on other decisions that affect the quality of life in Wheat Ridge 7-2 Wheat Ridge Comprehensive Plan - A Guide to Development Urban Growth Boundary In the mid-1990's the City submitted to the Denver Regional Council of Governments (DR COG) its proposed urban growth boundary as part of the preparation of the regional plan known as Metro Vision 2020 The urban growth area identified was generally bounded by 1-70, W 32nd Avenue, Mcintyre Street, and W 52nd Avenue Containing a little over two square miles, this area was not included in the 2001 Comprehensive Plan This same area has been reaffirmed for the update and extension of Metro Vision to the year 2030 It currently does not overlap with the urban growth boundary/area of any other jurisdiction The urban growth boundary proposed in the Comprehensive Plan addendum overlaps with the City of Lakewood's growth boundary. The overlap area is bounded by Youngfield, 20th Avenue, 1-70 and 32nd Avenue. Wheat Ridge is part of the larger Denver Metropolitan Region Growth and development decisions of the City can affect others in the region, just as others' growth and development decisions can affect Wheat Ridge The City is a member of the Denver Regional Council of Governments, a voluntary organization of local governments The City acknowledges that Metro Vision 2020 is the comprehensive guide for development of the region and that it provides a regional framework for local decisions on growth and development with the Denver metropolitan Region The Wheat Ridge Comprehensive Plan supports many of the core elements of Metro Vision 2020, including designating a specified area for urban development; creating a balanced multi-modal transportation system, participating in a regional open space system, and incorporating public participation processes into all planning efforts The Comprehensive Plan, and especially the maps and policies dealing with the urban growth area, are intended to provide policy guidance in making land use and annexation decisions The decision to include the urban growth area in the Comprehensive Plan does not mean the City intends to or will annex any portion of the urban growth area. The decision to annex should be based upon a number of factors, including benefits to the City, costs of providing services, quality and nature of the development, consistency with the Comprehensive Plan, and the financial impact to the City Goals and Policies to Encourage Mutually Beneficial Regional Cooperation 7-3 Wheat Ridge Comprehensive Plan - A Guide to Development 1. Goal: Participate in intergovernmental and regional organizations to accommodate and encourage planned growth and development, to extend urban services in an orderly manner, to enhance the quality of life, to protect the environment and to promote the economic vitality of the communities within the Denver Metropolitan Region. Policies: 1 1 Coordinate the Wheat Ridge Comprehensive Plan with the comprehensive plans of surrounding jurisdictions and acknowledge that Metro Vision 2020 shall serve as the comprehensive guide for the orderly growth and development of the Denver Metropolitan Region 1 2 Develop a tracking system to monitor the City's development so that it is consistent with the urban area the City has agreed upon as part of Metro Vision 2020 1 3 Review factors related to the City's Metro Vision 2020 urban growth area and the City's continued use of it at least once every five years 1 4 Pursue signing of and participation in the Mile High Compact. 2. Goal: Annex and grow in a manner consistent with the goals and policies of the Wheat Ridge Comprehensive Plan. Policies: 2 1 Consider annexation petitions when the proposal offers exceptional benefits to the City that are over and above meeting minimum requirements. 2 2 Develop intergovernmental agreements with neighboring communities to ensure that development occurring near Wheat Ridge's boundaries does not adversely affect existing development in the City or does not adversely impact the City financially 2 3 Participate in land use, open space and transportation planning efforts at the local, county and regional level in order to further the goals of this Comprehensive Plan 2 4 Continue to participate in region-wide transportation planning that emphasizes and funds alternatives to the automobile 7-4 Wheat Ridge Comprehensive Plan - A Guide to Development 3. Goal: Coordinate and cooperate with other agencies in the provision of infrastructure and services to City residents. Policies: 3 1 Continue to cooperate with the Jefferson County School District in locating and developing neighborhood schools, parks, and playgrounds 3 2 Work with the Jefferson County Library District Board to improve library service in the City. 3 3 Work with special districts and utility companies to extend services to the growth area and upgrade infrastructure in the City as needed 3 4 Work with the Regional Transportation District in the planning of additional bus service and rapid transit service in the City 7-5 Wheat Ridge Comprehensive Plan - A Guide to Development Addendum to Chapter 2 of the Comprehensive Plan The following sections of chapter two are amended as follows Any text with a ctrikothrough is to be omitted, and any bold text is new language Paqe 2-20 LAND USE CLASSIFICATIONS The following land use classifications and character areas are illustrated on the Future Land Use Map (Map 5) Parks and Open Space Public/semi-public Mve Six residential Character Areas · Agriculture Estate Residential (not to exceed 1 unit per acre) · Single-Family Detached (not to exceed 2 dwelling units per acre) · Single-Family Detached (not to exceed 4 dwelling units per acre) · Single-Family Detached and Existing Two-Family Conforming Structures and Lots (not to exceed 6 dwelling units per acre) · Planned Residential Development (not to exceed 12 units per acre) · Planned Residential Development (not to exceed 16 units per acre) ATTACHMENT 4 Paqe 2-22 Single Family Detached (not to exceed 2 dwelling units per acre) Desired Character: Neighborhoods with low density consisting of single-family detached housing with a predominately rural character. Desired Attributes: . Well maintained dwellings. . Well landscaped lots. . Variety of housing styles. . Domesticated farm or ranch animals permitted. · The balance between the structure and open land should be compatible with the surrounding area. . Not to exceed 2 dwelling units per acre. RESOLUTION NO.~ Series of 2004 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ADOPTING AMENDMENTS TO THE WHEAT RIDGE COMPREHENSIVE PLAN WHEREAS, the CIty Council of the CIty of Wheat Ridge adopted a ComprehensIve Plan on October 25, 1999 and amendments were c,lnsldered and adopted III January 24, 2000; and WHEREAS, the ComprehensIve Plan dId not Illclude any areas outsIde the corporate lImIts of the CIty as IS permItted under state enabllllg legislatIOn, and WHEREAS, pnor to annexatIon, a cIty must have m place a plan for the area conSIdered for annexatIon pursuant to C.R.S 31-12-105, and WHEREAS, It IS the desire of the City to extend ItS Comprehensive Plan boundary outSIde the corporate lImIts, and WHEREAS, C R.S 31-23-206 (2) provides that the Comprehensive Plan may be amended by the CIty from tIme to tIme; and WHEREAS. Plannmg CommIssIon has held a public heanng as provIded by C.R.S 31- 23-208 and SectIOn 2-60 (b) of the Wheat Ridge Code of Laws, legal notIce thereof duly publIshed m the Wheat RIdge Transcript and the HIgh Timber Times on January 8,2004, with a wrItten recommendatIon forwarded to the City Council, and WHEREAS, the CIty Council has held a publIc hearing as prOVIded by Section 2-60 (b) of the Wheat RIdge Code of Laws, legal notice thereof bemg duly published III the Wheat RIdge Transcnpt and HIgh Timber Times on February 5,2004 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: That the CIty Council of the City of Wheat RIdge hereby adopts the amendments to the Wheat RIdge Comprehensive Plan attached as Exhibit A. 2. An attested copy of thIs resolutIon shall be attached to the Plan amendment and a copy of the Plan as attested shall be certIfied to Jefferson County, Colorado DONE AND RESOLVED THIS day of ,2004 GRETCHEN CERVENY, MAYOR ATTEST PAMELA Y ANDERSON, CITY CLERK ATTACHMENT 5 .' \ =1-,--Yt \ \ \ i k_ ~\\~r, r'\f:,:<.ds - + c ( 1 t ' 'n \ ~~.' \~_:;l) ct,-J-. (\ C" -.. \ )r \ r ~ , ~_'ll\':::., _ '.' r ~~~ /. I I' N CQpQj) " ,/ r I { L 'II , ;ftc' (-1,,\;-,1,,- " -- --- '-' \ -/ ----./ \ (. r f r ' f' r ~. I to.. ^. l' I, \ iI' r), i' .' r . t 1(',---;1' I ''[''J' ""'1'\ 1, r\ "fJ'''\;' , ,', I ,J,' 1[. ! I" ('I,., .I'. ''', JJf:J~:1 ~II J J J:P ,:\J '~v j'l ,,\jJ - Y # ~l , /Jj'/l <, {'''', -llc Ar:r Jr'pl fIr ~ :," :(~~ 10' r-- r (, ~ L~I (ft' A...t> 7:jf7J \ I K-- -L1;t) , ('--.../ '-~,0, \J (" \ '--'1" l ; f", {~ 17-" --: ,---) --1, ~ 'I C' , r!'/ :' ~ -1--" , \ ,:.'+-+-:'- r"r......, (,(Or I ,'~ ... Ir', ,~ V,,! rJ .IrF:.. r '. t> \~, i r ,..--r, r ." I " -- ~ I j ,--- J/ t>Z" !fL';T !1/{;r: '- il> , I f 'I . ' --t- .---.-r-/ I ,/-r'''~ /iC' y;_ 'I 1:1: 1/ (v j-~ /. I, 1-'" II ~/l', ft,(' (' //: /' . i/- ./\ - /' ;/ -'~' (". - ".; /, / , I ,~ f) /'/ )/, I /_. :.) / "V ~ t iF' /1// /"; J;' c ?- />' f', 1/' / I ~. ..) / , ,ri- j>' (()n i1 n~,(o '- 01 \1 Y-1' 0 ~~\J;f DATE: February 23, 2004 GENERAL AGENDA ITEM COMMENT ROSTER ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. NAME ADDRESS AGENDA ITEM NO. 1/6- 1 ST " i Wft.-"- - :.~ .~ CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO. ~ PUBLIC HEARING BEFORE THE WHEAT RIDGE CI'rY COUNCIL CASE NO. COUNCIL BILL NO. TITLE: PUBLIC HEARING ON RESOLUTION 04-2004 - ADOPTING AMENDMENTS TO THE WHEAT RIDGE COMPREHENSIVE PLAN. . ""'/\SIt. PRJ:JI"IV YOUR NAME AND ADDRES CHECK IN FAVOR OPPOSED /;./ / V;::.---- V v V 2// L" PLEASE SIGN ON BACK OF PAGEl ~.. ~---- _~\fe\- '\\~\J\\ ~ \ Y\ ~ Q V 0'1 CJQrc-:uc IV ~- ?S *~~"",',9 \?\\~ 1-, ({ . / , . ',>.( L :fJ)j/l-' YL( v' _/j /~{ '" '- ~Y1717 (;/0/1',)11<;: -------- l~ ---- t. ! 4 f I J tv 4C{ tiL A-v'rL tJ-6-Ir1<'A 00--fO'~ . f (~~~/ -I '"1'~";~ ~ ~~-;rM " - ~ \--- - /?//~Qr-./'/\IL'~U -5 ftJ::~ ~~,/ ~+-<&-'-------- -'--~x mil/I"" ._~/'i'l" , -.-..-,-,-,-"----- '-- ~/ v/ Wheat Ridge City Council Meeting Monday, February 23, 2004 Wheat Ridge Comprehensive Plan Proposed Amendment Exhibits Presented by: Flora Andrus _J--1.0'Vt l h~~~u: _ (k"vwi i >0 -h\iVl.A~"".Y o Grace Separated Railroad Crossings S. Boulder Road d) N 0 J t h 4 4 r\!~ 4 E 6 E ro v; 108thAve. " -" 4 4 W100thAve . ~ . . '" <(4 4 6 6 .. 2 2 6 4 ..... 4 4 4 2 4 2 4 6 6 4 4 4 4 4 2 4 4 2 6 2 c 6 4 W64thAve. ro :g 4 ~ 4 4 ~ on 4 JIIIf W 58th Ave. , 2 Vi ~ 4 2 i? u '" 4 '" .~ 6 4 " ;;Z 6 2 2 2 2 6 6 4 2 6 2 2 4 2 Colfax Ave 6 XXXXXXXXX 6 6 Alameda LEGEND: _ Majer Element of Strategy o New Interchang':l (Added to Currently Committed Plan) (',('y"V P~anned West Corridor Line ~",'\."X Proposed Gold line LRT - .<" "&'NOdh,,,(lSIO"i1d'anIFea"b'l;tYSr~dY . 0("..,,"tz)l.l'u....~""",.'lW"_".......,,-1~1-4' Final Roadway Improvement Decision january 24, 200'1 S.H.58 - - - '0 CJ) Cf) Cf) 0: <U (tJ <I> 'E '- I:: 0) ~ m '0 Cll c :0 '1:: S '0 I:: :2 :2 w -------------------. , ~ .-- ! .---,- - I I 1 "'I I , ,~~ _------f--- (,- ~ If / ... / L -', I I I I ~ ----~ -, I 1/ ~/ ..- I I J , I I I -- I '-' \ I '\ "" Project Area V\.. Interstate ',' ~.. Major Regional -3 " t/~ v r l> · Arterial I I \ Arterial :;, ~~'-'C(, - :5 "", c':'o ~T D ---- Collector lI,veL ~d~-;O.:.m \A) N. 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Q i= C! o J :z I , I I, :; , ~ :;; f ~~ 0,- GO_U _:J o"Q1=~o6~E: S: ...,,~ _ G3 - ;":;::J ~ ~ t; ~ s-~.~ 'j .:..J S. ro 0') ~ Uo ( ~ J 3 u u Ci :> ~ -c.....c.c.:: -3 g ~ .~ ~ ~ -=s ~32Vl~3;5~ <8~LSL> '" ~ D- 02 ""0- 0- m "' " " ;;; ~ nO n~ "- C- " , " CO C "' ~ .g "'0 '<'< '80 00 '0 o . ~ ~~ 9 9 00 . 00 o 0 _cici ~ '< '"' o o o 2"0 '0 00 ;;l,.')- co'" C:?3 C" > NO ~ " ..,.'" N0J ~" ~ ~ _U'l-:::' . :;>. >- (":' -- '- ~ ~ .?g 5 c.J .:,c 2'D.:::::=E 1: & & ~<< ~ ~ " " ~~c <.=::1 .....50 ~D-~ ~ <: o o ~~ c';::: 0" 5.~ 0:.1; -'" o o o ?g E~ 0- 8.~ -0 ~ ,. .~ 5 -B-~ 13 ED:::? "" C ,,~ I I~ \ 4. How would you describe this community? Rural Urban 6% 2% Suburban 20% 72% 3. What attracted you to ... Other Near Wod Near Shopping 2 22 Parks/Trails Quiet, country-like setting 6. What are your concerns about the roads and traffic in this area? Other Maintenance 11 Congestion Traffic too slow 4 Traffic too fa.."it 13. Would traffic lights improve traffic flow at any intersections that do not currently have them? Prospect Recreation & Park District Boundaries Compared to Wheat Ridge Comprehensive Plan Boundaries Crestview Arena &: Park 3+ acres W. 54th &: Kendrick Prospect Arena &: Park 5 acres 13805 W. 52nd Ave. Fairmount Park 19 acres 5222 Quaker St. Arapahoe Park () acres 4450 Indiana St. ~-....~~ L [. f PROSPECT RECREATION OISTRICT PARK LOCAllON MAP L L.....Io!.~. c. .. 1 · f. <I"""" (, .tc District Offices ~ J (iX Xenon St. 4- ~~~, ~ 'j(- VI; SItl M: ^ 1.- I " . ,..t.~, - -\' ;. '[., .c' ':.l' ,';:H.>J'; ,'. " 7. ;...' . .. - ;,.." ./ Maple Grove Park & Arbor House 10 acres 14600 W. 32nd Ave. , "t, "'" I?:::"'l 2000 .4000 FHt Applewood Park 10 acres 1840 Alkire Ct. ['-) n <---, R,> ...-t '\;--'0\ja ~ ~/" :.lt~rj,__.. ! 1, \;.' :..- w .' . I F"- : I,p L-..-->.-- ~.. Tanglewood Sports Park &: Prospect West Tennis Courts 8.5 acres 13725 Denver West Cir CITIZENS' RIGHT TO SPEAK PUBLIC COMMENT ROSTER DATE: February 23, 2004 ANY PERSON MAY SPEAK ON MATTERS O'1'D. '1'HAlI AGENDA ITEMS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRIN'l'llllllll, NAME ADDRESS TOPIC , } j- ...... " I \ I \.\.. - ~ J , '~,'-- \ \ I '_ I l+ ~) ~ , ,) ,) 1 li -'" ' ) \ ,\ ,\ ( , \' \ 11 t, ) --,~ )-) ) '\'1 4 ') b, )J (- , , 'I - ,,\ \.. '" \ ( Ii ~ ) ill C-\. U, Zf -It ~ i_/ LAW OFFICES OF CARL F. EIBER~Ell &. ASSOCIATES \4330 F~ L&oC Go\deD. Colorado &040\ t~ (303) 111-4101 , ~A n 'J Facsim. jk(303)111-Ol\3. 0~'J '70 (---"-'~ 1c'5 Ra- 11t ~ w~ ~ r;vW'OW. ~j:=~ C~ co L- ~ --{..-~ Gi~.....,v~1v~.-v tpy~+ ""{ ~.A C--v~'--' ~ l1JJA.,.u.t"'~ Cr. I ,vt-V" . . 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(/ \' --- '\ " r __i' ( " ( I \-'..7, ',,- ,k J", (~ 1~X,r \ .J '{ \ -" I \v ~ .J( ~ l. 0._ } / ~~- 11 ITEM NO: Q I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 23,2004 TITLE: A REQUEST FOR APPROVAL OF A REZONING FROM RESIDENTIAL ONE-C TO RESIDENTIAL THREE (WZ-03- 11/MARCEM) o PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS [gJ ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING QuasI-JudIcIal D [gJ Yes No ~~ Clty~~r4; Dnector of Commumty Development EXECUTIVE SUMMARY: Marc Cave, of MarcEm propertIes, IS requestmg approval of a rezomng for the property located at 3281 Chase Street. The property IS currently zoned ReSIdential One-C The applicant wishes to rezone the property to ResIdentIal-Three. The R-1 C zone dlstnct allows only smgle- family structures and assoCIated accessory bUlldmgs, whIle the R-3 zone dlstnct allows a range of reSIdential uses from smgle-family through hIgh density multI-famIly. The R-3 zone dIstrict reqUIres a mllllmum lot sIze of9,000 square feet and a mlmmum lot WIdth of75 feet to accommodate a two- famIly dwelling. The R-3 zone dlstnct reqUIres a mlmmum lot sIze of 12,500 square feet and a minImum lot Width of 100 feet to accommodate three or more family dwellmgs. The subject parcel IS 9,375 square feet In SIze, IS 75 feet WIde, and therefore could accommodate a two-family dwelling. Planmng CommiSSIOn recommended demal. Pursuant to Chapter 26, a recommendation of demal by Plannmg CommIssIon stands, unless the applicant appeals to CIty CouncIl. COMMISSION/BOARD RECOMMENDATION: Plannlllg CommiSSIOn heard thiS request on February 5, 2004 and recommended demal for the followlllg reasons. I Nonconformance WIth the comprehenSIve plan. 2. The developer has created a self-Imposed hardship There were several neighbors present at thIS pubhc hearing to speak m oppOSItIOn of thIs request. A letter of opposItIon was submItted to the Planmng CommiSSIon the mght of the hearing. STATEMENT OF THE ISSUES: PlannIng CommIssIOn recommended denial of thIs request at the publIc heanng on February 5, 2004 ThIS recommendatIOn was based partly on the abIlIty for potential redevelopment of nelghbonng properties to multI-famIly. Planning CommIssion felt that even though ReSIdentIal Three zomng eXIsted to the east of thIS property, If thIS apphcatIon were to be approved and the subject property were rezoned to Resldentlal Three, the potentIal for addItJonallarge scale multI- famIly dwellings in the area would be immlllent. Density III the R-3 zone dlstnct IS regulated by the sIze of the subject parcel. The Code of Laws states that a two-family dwellmg m the R-3 zone distnct must have a lot size of at least 9,000 square feet. A multI-famIly dwellmg umt (3 or more umts) reqUIres a mInImUm lot sIze of 12,500 square feet. The subject property IS 9,375 square feet m size. A multi-farmly dwellmg umt would not be allowed on thiS property WIthout multiple vanances to lot sIze and Width. The sIze of the lot constncts the redevelopment, and effectively would make a multI-family dwellmg umt extremely dIfficult. The ComprehenSIve Plan deSignates thIS property as Smgle Family, not to exceed SIX dwellmg umts per acre (SF 6) If a two-famIly dwellmg were to be located on thIS parcel, the denSIty would be approxImately 9 umts per acre. ThIS mconslstency WIth the SF (6) deSIgnatIon was dIscussed at Planmng CommISSIOn, however, It should be noted that the current R-l C zoning also exceeds the SIX umts per acre deSIgnation. AL TERNA TIVES CONSIDERED: Staff conSIdered adVIsing the applIcants to rezone the property to R-2 or R-2A. Rezoning to R-2 would allow a two-famIly dwellmg, however vanances to lot SIze and width would need to be processed, and rezomng to R-2 would constitute spot zomng. Rezomng to R-2A would also accommodate a two-famIly dwelhng, but thIS would constitute spot zomng, as there IS no R-2A zonmg III the ImmedIate vlclmty Staff felt that due to the development standards for lot sIze III the R-3 zone dlstnct and the presence ofR-3 zomng III the neIghborhood, R-3 zOlllng would be appropnate for thIS parcel FINANCIAL IMPACT: None RECOMMENDED MOTIONS: "I move to approve CounCIl Bill No. 01-2004 , case number WZ-03-11, a request for a rezonIllg from ReSIdentIal One-C to Residential Three on first reading for property located at 3281 Chase Street, ordered published, public hearing set for March 22, 2004 at 7:00 III the City Council Chambers." OR I move to table ll1defimtel:r CouncIl BIll No 01-2004 , case number WZ-03- 11. a request for a rezomng from Residential One-C to ResIdentIal Three on first readll1g for property located at 3281 Chase Street." Report Prepared by TravIs Crane, 303.235.2849 Reviewed by' Alan WhIte Attachments. 1 P1annll1g COl11l11lSSIOn staff report (wIthout exhIbIts) 2 CouncIl BIll No 01-2004 C 'Case Review MarcEniMarcEm CouncIl Action Form 1" Readll1g CITY OF WHEAT RIDGE PLA:'\~I~G IHVISlOl\ STAFF REPORT TO PlannIng CommIssIOn CASE MANAGER. TraVIS Crane CASE NO. & ~AME WZ-03-II:MarcEm DATE OF MEET1:'\G 5 February 2004 ACTION REQl'ESTED' A request for a rezomng from ResIdentIal One-C to ResIdential-Three LOCA TlON OF REQl'EST 3281 Chase Street APPLICANT (S) Marc and Emily Cave 2600 S Parker Road # 5-155 "'urora, CO 80014 OWNER (S): same APPROXIMA TE AREA. 9,3 ~5 square feet PRESENT ZONING ResIdential One-C (R-IC) COMPREHENSIVE PLA:\ SIngle-FamIly - not to exceed 6 dwellIng umts per acre (SF6) ENTER INTO RECORD: (X) (X) COMPREHENSIVE PLAN ZONING ORDINANCE (X) (X) CASE FILE & PACKET MATERIALS DIGIT AL PRESENTATION LocatIon Map r:~- 3331 ~ 332Q '40' ~: ~! I ~"o r~... o ::;:.'i::;o;; 32M 32~8 l 3255 al 3:041 i~3}"j ~ :g ~ ;;; ~ ~ ~ "of) ..,1 '" o o. 1" ~! ..... W. 2nd A R-C~ ~ - ""! 0 ~ ~ ~ ~ , I. L hi R-3 ~ r .- f:" ~ f'~'oj. ;~'~I ~'..'.'....o. ....~.'" 'f -~ 31QO I: ... ! " ':t177 l~::~"- : ... . All nOtIficatIOn and postmg reqUIrements have been met, therefore, there IS JunsdlctlOI1 to hear thIS case Planmng CommIssIon WZ-03.] ]/'vIarcEm ATTACHMENT 1 I. REQUEST The appllcant IS requestmg approval of a rezonmg from Residential One-C (R-l C) to ResIdentIal Three (R-3) II. CASE ANALYSIS The property 111 questIOn IS located at 3281 Chase Street, and IS approximately 9,375 square feet 10 area. The property IS zoned ResidentIal One-C and prevIOusly contamed a smgle-famlly structure ThiS structure has smce been demollshed and the lot remams vacant land. The apphcant IS requestmg a rezonmg from Residential One-C to Residential Three to accommodate a two-famIly dwellmg. The Residential One-C zone dlstnct allows only smgle-falmly dwelhngs and aSSOCIated accessory structures The ResldentlaJ Three zone dlstnct allows smgle, two- and multl-famlly structures, based upon the lot size and width. The ResidentIal Three zone dlstnct requires a nllmmum lot wIdth of 75 feet and a m1l11mUm lot size of 9,000 square feet to accommodate a duplex The subject property meets both of these standards (Exhibit 1, Improvement LocatIOn Certl ficate). For a muItl-t~llmly structure, a property 111 the R-3 dlstnct must have a mmlmum lot size of 12,500 square feet and a mmlmum lot wIdth of 100 feet. Based on the current lot Size, a muItI- falmly structure would not be allowed wIthout a vanance to both the lot size and width. A vanance that would mcrease denSity (add dwellmg umts) may not be approved admmlstratlVely, rather the requests must be heard by the Board of Adjustment. III. NEIGHBORHOOD MEETING/REFERRAL A meetmg for nClghborhood mput was held December 9, 2003 A slgn-m sheet and SynOpSIS are mcluded for review (Exhibit 2, NeIghborhood Meetmg Summary and ExhibIt 3, Slgn-m Sheet) There were two neighbors m attendance, and they seemed generally acceptmg of thIs proposal ThIS request was referred to all affected agencIes for comment. All outSide servIce agencIes that currently sene the property wIll contmue to serve the property, and have indIcated that the property owner wIll mcur any aSSOCIated costs of Improvement. The Wheat RIdge Water Dlstnct mdlcated that a separate water tap would be reqmred for the addItIOnal umt. The Publlc Works Department has mdlcated a dramage report IS not necessary Dramage wIll be reVIewed upon submittal of the bmldmg permit for constructIOn of the new duplex IV. CRITERIA Staff has the followmg comments regardmg the cntena used to evaluate a change m zone 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. Planning ComrlllsslOn WZ-03-11'MarcEm 2 The eXIstmg zone c1assJflcatlOn on the officIal zonIng map IS not m error The property currently has ReSIdential One-C zomng. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. There has been no change In character to the area. Although much of the surroundIng land IS currently zoned as ReSidential One-C, thIs IS a result of a mass rezomng that occurred In 1984 This entIre area was ongInally zoned ReSIdentIal Three when the CIty Incorporated In 1969 ReSIdents m the area petitIOned the City to change the zonmg to ReSIdential One-C Some of the property owners were gIven the opportUnIty to rem am R- 3 Much of the surroundmg area IS used as reSIdentIal. The property dIrectly to the south of the subject property IS a quasI-publIc use as the structure IS occupIed by the semor resource center and the Wheat RIdge library 3. That the change of zone is in conformance, or wiII bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area. The denSity, if the rezonIng IS approved, wlll be approxImately nme UnIts per acre The ComprehenSl\e Plan deSIgnates thIS area as SF (6) (smgle-famlly not to exceed SIX dwellIng UnIts per acre) The SF (6) classIficatlOn IS defined as smgle-famIly detached and eXlstmg two-faInlly confomlmg structures and lots WhIle there IS not an eXIstIng structure. the lot IS large enough to accommodate a two-family structure 4. That the proposed change of zone is compatible with the surrounding area and there wiII be minimal adverse impacts considering the benefits to be derived. The proposed change of zone wlll be compatible WIth the surroundIng area. Much of the surroundIng land IS zoned and used reSIdentIally The abIlIty to construct an addltlOnal UnIt should not have a SIgnIficant effect on the surroundmg area. All propertIes WIthm the ImmedIate area are zoned eIther ReSIdentIal One-C or ReSIdentIal Three A small encla\e of RestrIcted CommerCIal zomng IS located on the east SIde of Chase Street Just north of 32nd Avenue A large multl-famlly complex WIth 14 UnIts ,s located dIrectly to the cast of thiS property 5. That there wiII be social, recreational, physical and/or economic benefits to the community derived by the change of zone. ThIS proposed zone change should create a benefit to the communIty. The property contaIned a dllapIdated sll1g1e-famIly structure The applIcants stated the structure, as It prevIously eXisted, was unfit for habItatIOn as venfied by a Wheat RIdge bulldll1g mspector A new structure WIll be a vast Improvement for thIS property and the neIghborhood. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant wiII upgrade and provide such where they do not exist or are under capacity. Planmng CommiSSlon \\ Z-03.11 :v!arcEm 3 All responding agenCIes are able to serve the property, and the developer wIll incur the cost and mamtenance of any Improvements. The Wheat RIdge Water Dlstnct wIll reqUlre the mstallatlon of an additIOnal water tap 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriousl) reducing light and air to adjacent properties. The change In zone wIll not affect public health, safety or welfare In the area. Traffic should not Increase sIgmficantly, and a drainage study WIll be reqUIred when the bUlldmg permit IS submitted for review ThIS proposed development should not reduce air or lIght to adjacent properties 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. ThIS change of zone wIiI not create an Isolated zone distrICt. R-3 zoning IS present to the east. ThIS property was zoned ReSIdential Three when the City mcorporated In 1969, however the mass rezoning In 1984 changed the zomng to ReSidential One-C v. STAFF CONCLUSION & RECOMMENDED MOTION (S) Staff concludes that the proposed zone change IS conSIstent With the ComprehenSive Plan. The proposed use wIll be compatible With adjacent land use and zonlllg. Therefore, staffrecommends APPROVAL of Case No WZ-03-11 OPTION A. "I move to recommend APPROVAL of Case No WZ-03-II, a request to rezone from ResldentJal One-C to ReSIdential Three for property located at 3281 Chase Street, for the followlllg reasons The change III zone WIll be m conformance WIth the CIty of Wheat RIdge ComprehenSive Plan goals, objectives and polICies 2 The proposed use IS compatible With the surroundmg area. 3 The change of zone wIll not adversely affect the publIc health, safety or welfare 4 There are adequate public facIiltJes to serve the use proposed. OPTION B. "1 move to recommend DENIAL of Case No. WZ-03-11, a request to rezone from ReSIdentIal One-C to ReSidentIal Three for property located at 3281 Chase Street, for the followmg reasons PlannIng ConmlisslOn WZ-03-11,'MarcEm 4 INTRODUCED BY COUNCIL MEMBER Council Bill No. 01-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE PROVIDING FOR THE APPROV AL OF REZONING FROM RESIDENTIAL ONE-C TO RESIDENTIAL THREE FOR PROPERTY LOCATED AT 3281 CHASE STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT. Section 1. Upon apphcatlOn by Marc and Emily Cave, approval of a rezomng m Wheat RIdge, Colorado, Case No WZ-03-11, for property located at 3281 Chase Street, and based on a recommendatIOn of delllal from the Wheat RIdge Plannmg CommIssIon and pursuant to the findmgs made based on testImony and eVIdence presented at a pubhc heanng before the Wheat RIdge City CouncIl, Wheat RIdge maps are hereby amended to exclude from the ResldentJal One-C DIstnct and to mclude m the ReSIdential Three zone dlstncts the followmg descnbed land. A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS LOTS 40, 41 AND 42, BLOCK 1, COLUMBIA HE1GHTS, COUNTY OF JEFFERSON, ST ATE OF COLORADO Section 2. Vested Property RIghts. Approval of thIS rezol1mg does not create a vested property nght. Vested property nghts may only anse and accrue pursuant to the provIsIOns of SectIOn 26-121 of the Code of Laws of the CIty of Wheat RIdge Section 3. Safety Clause. The CIty CouncJ1 hereby finds, determmes, and declares that thIS ordmance IS promulgated under the general pollee power of the CIty of Wheat RIdge, that It IS promulgated for the health, safety, and welfare ofthe publlc and that thIS ordmance IS necessary for the preservatIon of health and safety and for the protectIOn ofpubllc convenIence and welfare The CIty Councll further determmes that the ordmance bears a ratIOnal relatIon to the proper legIslative object sought to be attamed. Section 4. Se, erabilIty. If any clause, sentence, paragraph, or part of thIS Zonmg Code or the appllcatlon thereof to any person or CIrcumstances sha1l for any reason be ATTACHMENT 2 adjusted by a court of competent junsdiction 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 Ordmance is found to conflict with similar provisions, requIrements or standards found elsewhere III the Code of Laws of the City of Wheat Ridge, which are m 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 15 days after final publIcation. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 23rd day of February, 2004, ordered publIshed in full In a newspaper of general CIrculation III the City of Wheat Ridge and Public Hearing and consideration on final passage set for March 22nd, 2004, 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 readmg by a vote of _ to _, thiS _ day of , 2004 SIGNED by the Mayor on this _ day of ,2004 GRETCHEN CERVENY, MAYOR ATTEST Pamela Y Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st PublIcatIOn: 2nd PublicatIOn. Wheat Ridge Transcnpt Effective Date' e: Iplann inglformslord. f rm ITEM NO: '3 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. February 23,2004 TITLE: AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 6375 WEST 44TH AVENUE o PUBLIC HEARING o BIDS/MOTIONS D RESOLUTIONS ~ ORDINANCES FOR I ST READING (Date' Feb. 23, 2004) o ORDINANCES FOR 2ND READING Quasi-JudIcial: D Yes Jv0;JC1;/' . tor Parks and Recreatio~ Director ~ No C1ty~~~ EXECUTIVE SUMMARY: SectIOn 16.5 (Sale of real property) of the CIty of Wheat RIdge Charter states "The cIty shall not sell or dispose of mUnIcipally owned buildings or real property for a public purpose, WIthout first obtaming the approval, by ordinance, of three-fourths ofthe entire council". In 2003, open space property was acquired at 44th and Kendall Street. ThIS property is contiguous on the east to the eXIsting undeveloped parkland referred to as 44th and Kendall. A small garage IS located on the back half of the property address of 6375 Kendall Street and is recommended for demolitIOn. There IS not a need by the Parks and Recreation Department for this structure, it is a stand alone structure and IS the only structure on the site. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: There is not a need by the Parks and Recreation Department for thIS structure. It is a stand alone structure and the only structure on the sIte. The structure WIll eventually need to be demolIshed when the park is developed. In the meantime, it may become difficult to mamtain m terms of graffitI, vandalism and vagrancy Issues. DIsposal of property is required by Ordinance by the City Charter and reqUIres a 3/4 majority vote. The City dId not purchase the front portion of the property, 6375 Kendall, wIth frontage on 44th Avenue. There IS a resldence/busmess structure on the front parcel that IS pnvately owned. AL TERNATIVES CONSIDERED: Do not demolish the structure. FINANCIAL IMPACT: The cost of demolitIOn is estImated to be approximately $5,000 Not demolIshmg the bUlldmg will require staff time to maintain the structure as well as monitor unapproved use of the structure. RECOMMENDED MOTION: "I move to approve Council Bill No 02-2004, an Ordmance Directing Disposal by DemolitIOn of a City-Owned BUilding Located at 6375 West 44th Avenue, on first reading, ordered publihed, public heanng set for March 8, 2004 at 7:00 p.m. m th City Council Chambers." or, "I move to deny approval of Council Bill No. 02-2004, an Ordmance Directing Disposal by Demolition of a City-Owned Building Located at 6375 West 44th Avenue for the following reason (s) " lmtiated by: Report Prepared by" Joyce Manwaring, Parks and RecreatIOn Director Attachments: I Picture of structure located at 6375 West 44th Avenue 2. Council Bill No. 02-2004 Request for City Council Action-report form ATTACHMENT 1 I: Eo< :;:l o r.IJ tl Z - ::0::: o o , - ...i :;j o Z :il .lll l!:l t-- ~ :0 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 02-2004 Ordinance No. Series of 2004 TITLE. AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 6375 WEST 44TH AVENUE. WHEREAS, the City owns property at 6375 West 44th Avenue within the City, which property includes an existing concrete block building and WHEREAS, Section 16.5 of the Charter authorizes disposal of City-owned buildings and real property by ordinance approved by three-fourths of the entire City Council, and WHEREAS, the Council wishes to dispose of the referenced building by demolition. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Building ordered demolished The Cittowned concrete block building located to the rear of the property at 6375 West 441 Avenue is hereby ordered demolished. The City Manager is authorized and directed to cause such demolition and, if required, environmental assessment and remediation, to take place 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: Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. CNB\53027\413543 ATTACHMENT 2 Section 4. Effective Date. This Ordinance shall take effect upon adoption, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this _ day of , 2004, 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 , 2004, 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 ,2004. SIGNED by the Mayor on this day of ,2004. Gretchen Cerveny, Mayor ATTEST: Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication. Second Publication: Wheat Ridge Transcript: Effective Date: CNB\53027\413543 2 ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. February 23, 2004 TITLE: APPROVAL OF LICENSE TO USE RIGHT-OF-WAY, MELODY HOMES SKYLINE ESTATES FILING 3 SUBDIVISION o PUBLIC HEARING [g] BIDS/MOTlONS D RESOLUTIONS o ORDINANCES FOR I ST READING (Date: _) D ORDINANCES FOR 2ND READING QuasI-Judicial: D [g] JTes No -J~~ DIrector of Public Works CltYM~~ EXECUTIVE SUMMARY: The Skyline Estates Filmg No 3 publIc Improvements will mc1ude an underdrain system to assist in controlling groundwater around each of the new homes built in this development. The underdram utility will be operated and mamtamed by the homeowners associatIon wlthm the City street rights-of- way. The attached LICENSE TO USE PUBLIC RIGHT -OF - WAY allows Melody Homes and the Skylme Estates Filing No. 1 Master Association to construct, operate and mamtain the proposed underdram system within the development located north of Ridge Road and west of Miller Street. The LICENSE also proVIdes a means for the City to repair, at the benefited property owners' expense, the underdrain wlthm the CIty's rights-of-way if necessary. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Skyline Estates property has subsurface conditIOns that warrant the installation of an underdram system to protect the new homes from water seepmg into the basements. The underdram system was designed as an mdependent utility and Melody Homes has agreed to have the homeowners association operate and maintain the system ifit were placed within the street nghts-of-way. ALTERNATIVES CONSIDERED: Ifthe LICENSE is not approved, the developer (Melody Homes) will build sump-pump installations at all homes. The homeowners would be responsible for maintenance of the sump-pumps and the properties would be at risk if they failed to operate. FINANCIAL IMPACT: There is no finanClal impact to the CIty by approving the LICENSE. RECOMMENDED MOTION: "I move to approve the LICENSE TO USE PUBLIC RIGHT-OF-WAY granting Melody Homes and Skyline Estates Filing No.1 Master ASSOCiatIOn the right to operate and maintain an underdram system wlthm City street rights-of-way within the development located north of Ridge Road and west of Miller Street. " or, "I move to deny approval ofthe LICENSE TO USE RIGHT -OF - WAY for Melody Homes and Skylme Estates Filmg No.1 Master ASSOCIatIOn for the following reason(s): " Report Prepared by: TIm Paranto, Director of Public Works Attachments: l. LIcense to Use Public Right-Of-Way LICENSE TO USE PUBLIC RIGHT-OF-WAY THIS LICENSE TO USE PUBLIC RIGHT-OF-WAY IS made thIS day of , 2004, by and between the CITY OF WHEAT RIDGE, a Colorado municIpal corporatlOn, whose address IS 7500 West 29th Avenue, Wheat fudge, Colorado, 80033 (heremafter "Licensor") and Melody Homes, Inc., a Delaware corporation (heremafter "Licensee") and Skyline Estates Filmg No 1 Master Association, Inc. (heremafter "HOA")' WIT N E SSE T H: WHEREAS, LICENSOR IS the custodIan and owner of certam publIc nght-of-way described on ExhibIt A, attached hereto and lllcorporated herem by reference (the "LIcense Area"); WHEREAS, LICENSEE IS the 0 wner 0 f c ertam real property described 0 n ExhibIt B, attached hereto and mcorporated herein by reference (the "Benefited Property"); WHEREAS, LICENSEE has prepared and submitted a final plat to the City of Wheat Ridge that proposes a reSidential development on the Benefited Property (the "Skylme 3 Plat"). The Sk-ylme 3 Plat mdIcates the placement of an underdram system in the Benefited Property and adjoining streets to facihtate the flow of ground water drainage from the Benefited Property and the transportatlOn of such flows mto the eXlstmg publIc storm water system. NOW, THEREFORE, for and m conslderatlOn of the sum of Ten Dollars paId to the Licensor by the Licensee, and other good and valuable conslderatlOn, the receipt and suffiCiency of which IS hereby acknowledged, LIcensor does hereby grant Licensee the non-exclusive nght to use a portlOn of the pubhc right-of-way for use to construct, mstall, operate, mamtam, repair and replace ItS underdram system located wIthm the LIcense Area; TOGETHER WITH all the nghts and pnvlleges as are necessary or mcidental to the reasonable and proper use of such License; and SUBJECT TO the followmg terms and conditions: Licensor shall not assume any ownership or mamtenance obhgatlOns and Licensee, and ItS successors and aSSigns, and HOA shall be responsible for the mstallatlOn, repmrs and mamtenance of the underdrain system in the Benefited Property and License Area. 2. Licensee shall be responsible for the completlOn of the underdram system located wlthm the LIcense Area. Upon the completion of the underdram Improvements in the License Area, Licensor shall convey the ownership of the underdram system, located m the License Area, to the Skyhne Estates Filmg No 1 Master ASSOCiatiOn, Inc., or such other homeowners associatIOn as may be formed in whIch the Benefited Property IS annexed ATTACHMENT 1 (the "HOA") The conveyance by Melody to the HOA will be eVIdenced by a Bill of Sale and an AssIgnment of thIS LIcense. Thereafter, the HOA, as owner of the underdram system, shall be responsible for the repair and maintenance of the underdram system m the LIcense Area. 3 Upon the effective date of conveyance of the underdram system and assignment of tills LIcense Agreement to the BOA, and as a condItIOn of acceptance of this License by the BOA, the BOA shall be reqUired to budget adequate funds, and collect the same from ItS members, to own, mamtam, operate and repair the underdram system withm the LIcense Area. If requested m wnting by the LIcensor at any time, the HOA shall provide a copy of the budget and mamtenance schedule assocIated WIth the underdram system WIthin thIrty (30) days. 4 The HOA, as successor to LIcensee, shall provIde Licensor with wntten notIce, at the address specIfied above, of any planned mamtenance or repair to the underdram system in the License Area and shall be responsible for obtammg any reqUired permits before performmg such mamtenance or repair work. In the event of any emergency repaIr or maintenance, the HOA shall notifY LIcensor of such emergency actions within 48 hours after makmg any emergency servIce. 5 In the event that the HOA faIls to operate, maintam and repaIr the underdram system such that the underdram system fails to safely and effectIvely operate and such failure adversely affects the License Area, LIcensor may, at ItS sole dIscretIOn, upon thIrty (30) days pnor wntten notIce to the HOA advlsmg the parties of such failure and adverse Impact upon License A rea and demanding repaIr 0 f the same, 0 perate, m aintam and repair the underdram system or any portIon thereof m the LIcense Area. If the HOA should default in ItS oblIgatIons to satIsfY the LIcensor's demand to operate, maintam and repair the underdram system, the LIcensor may perform such reqUIred repaIrs and assess each of the mdlVldual owners of the Benefited Property theIr pro rata share of the LIcensor's reasonable costs of performing such operatIOn, mamtenance or repaIr to cure the LIcensee's default, plus any and all costs of collectIon to enforce thIS obhgatlOn, after notIce to the owners of the Benefited Property. Such costs may be recovered by Licensor, at ItS sole optIon, by certlficatlOn to the County Treasurer for collection in the same manner as real property taxes, by lien and foreclosure, or by any 0 ther means permItted by law 6 The BOA hereby agrees to defend, protect, mdemnifY and hold harmless the Licensor from any and allliabihtIes, clmms, actIOns, SUItS, mJunctlOns, costs, expenses, lIens, and other legal and eqUItable proceedmgs (includmg reasonable attorneys' and other profeSSIOnal fees), ansing from the operation and mamtenance of the underdram system in the LIcense Area and the LIcensee agrees to defend, protect, mdemmfy and hold harmless the Licensor from any and all lIabilIties, claIms, actions, suits, mJunctions, costs, expenses, liens, and other legal and eqUitable proceedmgs 2 (mcludmg reasonable attorneys' and other professIOnal fees), ansmg from the mstallation of the underdram system m the License Area. ThIS License shall further be subject to and governed by the followmg: I Rmrlme Fffed, ThIs LIcense shall be bmdmg on and shall mure to the benefit of the parties hereto and theIr successors and permItted assIgns. 2. Arrh~ilhle T ilWS. ThIs LIcense shall be construed III accordance WIth the laws of the State of Colorado 3. AssIEJ1ment. ThIs LIcense may not be assIgned by eIther party WIthout the pnor wntten consent, which consent shall not be umeasonably WIthheld. Notwithstandmg the foregolllg, LIcensee shall have the nght to assign thIS LIcense, III whole or m part, to the HOA, without obtammg LIcensor's consent. 4 Fnhre Aereement This LIcense contams the entIre agreement and understandmg of the partIes WIth respect to the subject matter hereof and cannot be amended or modified except by a wntten agreement, executed by each of the parties hereto 5 r:01mterpilrts. ThIS LIcense may be executed m one or more counterparts, each of whIch shall, for all purposes, be deemed an ongmal and all such counterparts, taken together, shall constItute one and the same instrument. 6 Re~orrl:1tlon. ThIS LIcense shall be recorded. IN WITNESS WHEREOF, the LIcensor, LIcensee and the HOA have executed thIS Instrument on the date first above wntten. LICENSOR. LICENSEE. CITY OF WHEAT RIDGE A Colorado mumcipal corporatIon MELODY HOMES, INe. a Delaware corpora A dlVISlOl1 ofD R. \ - -r \ By' Name: Its: By" Name: Its: t.-v' 3 HOA. SKYLINE ESTATES FILING NO I MASTER ASSOCIATION, INC A Colorado non-profit corporatIOn By: '-'N. \l~. ~_,,_,,_,-I. ,'). l-,~ Name: J)'-bb,~ :Dt.....rd,,-h. \ Its: Pr<-..s, ,.1'-'"\ ~ 4 Acknowledgments Witness my hand and official seal. My commiSSIOn expires on. (S E A L) My Conmssioo Expires 07 f23i2004 ST ATE OF COLORADO ) )ss COUNTY OF ) The foregomg mstrument was , 2003, by acknowledged before me thiS _ day of , the of the CIty of Wheat Ridge. Witness my hand and offiCIal seal. My commission expires on. (S E A L) Notary PublIc 5 STATE OF COLORADO COUNTY OF ~ ) )ss ) The foregomg Jinstrument was acknowledged. before m9 ~lo...r-lI....l.PI-..l ,200.-Jby ~Q\.,~.tDe.."d....l.--\ , the I\'-e<,d..~ Filmg No 1 Master AssoclatlOn, Inc., a Colorado non-profit corporation. this 1... ""l...~ day of of Skyhne Estates Witness my hand and official seal. ~ '1 1.01)'l \ '==S_A - " V \~, "- Notary Pubhc "'-------- My cO!lW'"tio.,~,}Plres on: ,., o.lE'....b 'i, " ~L ~ "v~J'> " ~~ ~....... "T..l'I'.. l~~<:> E.p...L"T.;TJ.\ : S: AP-lltt' :. ....c;". 0" . ~ ~ i ~ ......... -. 0 ~ , \ "v/O. ~ .. PU,&" l ~ f .... d'.. '" .0" 0,;:- " '11 ........ o~" ",~11:0t::C; ,,' '1, · \\\ I",,,.,,., 6 EXHIBIT A (LICENSE AREA) LEGAL DESCRIPTION RIDGE ROAD RECEPTION NOS. F1738743 & F1738744 CITY OF WHEATRIDGE COUNTY OF JEFFERSON STATE OF COLORADO NELSON STREET WEST 53RD AVENUE NEWCOMBE STREET SKYLINE ESTATES FILING NO. 3 RECEPTION NO. F1912489 CITY OF WHEATRIDGE COUNTY OF JEFFERSON STATE OF COLORADO PREPARED BY: DEAN F. GLORSO PLS 16109 ON BEHALF OF: KIRKHAM MICHAEL CONSULTING ENGINEERS 5600 SOUTH QUEBEC STREET, SUITE 200D GREENWOOD VILLAGE, COLORADO 80111 (303) 694-2300 H \020312\LDD-020312\Survey\LEGALS\License Agreement-2-1g1 doc EXHIBIT B (BENEFITED PROPERTY) LEGAL DESCRIPTION LOTS 1-12, BLOCK 1 LOTS 1-13, BLOCK 2 LOTS 1-12, BLOCK 3 SKYLINE ESTATES FILING RECEPTION NO. F1912489 CITY OF WHEATRIDGE COUNTY OF JEFFERSON STATE OF COLORADO NO. 3 PREPARED BY: \\\\\\\111111I11I1. , ~~~. '1'\" ~ 1':,.. "" , ~.. !~l.~~.~~;Q/_-/'" ~'<J'o::J l"c, (I.~. ,~<~::. "Y ..,'~' ~ 9 ~ . :: ::=. 16109 : Q:~ ~O~ :f2g ~ ;i,-. #.: ~ ..- ~".~ (j~rZl, e ~'.t:". ~ .,' ~.. ~ _ GI ,," ~ZZ"L U\l;:,,,\,\\ 1IIJIllilllllli\'" KIRKHAM MICHAEL CONSULTING ENGINEERS 5600 SOUTH QUEBEC STREET, SUITE 200D GREENWOOD VILLAGE, COLORADO 80111 (303) 694-2300 DEAN F. GLORSO PLS 16109 ON BEHALF OF: H \020312\LDD-020312\Survey\LEGALS\License Agreement-3-1g1 doc ITEM NO' s-\ ; v;...,[~';. .:"3~\ (0~~) :~' REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE February 23,2004 TITLE: ASSIGNMENT OF BUS SHELTER AGREEMENT TO OUTDOOR PROMOTIONS,INC. D PUBLIC HEARING Q BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date _) D ORDINANCES FOR 2ND READING Quasl-J udlcwl o Yes Q No ~j{/jjc ~~~ CIty Mana r 'r Commumty Development DIrector EXECUTIVE SUMMARY: The agreement for constructIOn of bus shelters throughout the CIty was awarded to Outdoor PromotIOns 111 1996 In 1999, Chancellor MedIa Outdoor purchased the parent company of Outdo or PromotIons and later the name of the company was changed to Lamar Outdoor Advertlsmg. Lamar IS now sellIng all of ItS bus shelter operatIOns. Outdoor PromotIons IS purchasmg the shelters III Wheat RIdge The Code of Laws requIres the CIty to approve any transfer or assIgnment ofthe bus shelter contract to another party COMMISSION/BOARD RECOMMENDATION: None IS reqUIred STATEMENT OF THE ISSUES: All of the compames mvolved In the mstallatlOn and maIntenance of shelters have performed acceptably Outdoor PromotIOns was responsIVe to requests for mamtenance or repaIr dunng theIr InItIal performance under the contract. In 1998 the agreement was modIfied to extend the completIOn date for InstallatIOn of the shelters to May 31, 1999 Outdoor was to have Installed 30 shelters, half have been Installed. The mabIllty to acqUIre easements from property owners for the shelters IS the reason there are not 30 shelters If the agreement IS not assIgned to Outdoor PromotlOns, Lamar Outdoor wIll stIll be responsible for mamtenance and repair of the shelters Smce Lamar IS dlvestmg theIr mterests m shelters throughout the metro area, It may not be m the CIty'S mterest to keep the agreement With Lamar m effect. Mamtenance could become a problem and revenue could decrease dramatIcally If the only shelters Lamar owned were those m Wheat Ridge. ALTERNATIVES CONSIDERED: Do not approve the aSSIgnment of the agreement. FINANCIAL IMPACT: There are no Impacts of asslgnmg the agreement to Outdoor PromotlOns Regardless of whIch company has the agreement With the City, the City receives 10% of the advertlsmg revenues generated by the shclters. ThiS IS approximately $8,000 00 alillually RECOMMENDED MOTION: "'I move to approve the assignment of the bus shelter agreement to Outdoor PromotlOns, Inc " Or, 001 move to not approve the assignment of the bus shelter agreement to Outdoor Promotions, Ine " Report Prepared by' Alan WhIte, AICP Commulllty Development DIrector Attachments: I Consent Agreement (.hus shelter assIgnment C >\Fdoc CONSENT The CIty of Wheat Ridge, Colorado, hereby consents to' (i) the assignment of an agreement between the City of Wheat RIdge and Outdoor PromotIOns, LLC dated March 31, 1996 (the "Agreement"), and assigned to Outdoor PromotIOns West, LLC and The Lamar CorporatIOn (the "Assignor") dated August 6, 1998 whIch IS now bemg assigned to Outdoor Promotions, Inc. (the "Assignee"), (ii) the granting of a security Illterest in the Contract by the Assignee to the Assignor to secure mdebtedness of Assignee to the Assignor; and (ili) should the secunty interest referred to in (ii) above be foreclosed, the assignment to or re-acquisltlon by ASSIgnor Date. City of Wheat Ridge By' Gretchen Cerveny, Mayor ATTEST City Clerk By' Pamela Y. Anderson Approved as to Form. By: City Attorney ATTACHMENT 1 City of Wheat Ridge Office of the City Council Memorandum '~~"',,;~ ~ '0 - 0 U ~ , ('Ot O~ ~\J~ TO' Dean Gokey, Mayor Pro- Tem FROM. Pam Anderson, City Clerk DATE February 20,2004 SUBJECT: Introduction of Jeffco Schools Superintendent Cindy Stevenson, Superintendent of the R-l J effco School District, has been gomg to our various City councils to thank them for their support of the Jeffco Public Schools. Of those she's attended (Lakewood, Golden and Arvada, along With the Jefferson County Commissioners), they have gIVen her 5- 10 mmutes dunng the Proclamations and Ceremonies portlon of the agenda. Cindy's purpose IS to thank the council, as well as to give them an update on the distnct, mcluding current Issues and developments. Dean. Possible introduction "I would like to welcome and introduce Cindy Stevenson, Superintendent of the Jeffco R-1 School District. She is here tonight to update the Council and Wheat Ridge citizens on current issues and developments in the school district." Amendment to Council Rules ElectIOn of Mayor Pro Tem and Council PreSident Amend Rule B, entitled Mayor Pro Tem to read. 1 At the first or second busmess meetmg m November of each year, the Council shall NOMINATE, BY PAPER BALLOT, AND elect, by MOTION UPON a majority vote, a Council President and a Mayor Pro Tem, who shall each serve untll their successor is elected. Council PreSident and Mayor Pro Tem Will be elected by seere! ballot. I-IIGH TIMBER ..'" . !'~~ - . .f -x-- y;C '..- " -' " ,;' --!'.""-,,,. "'~.:~~,...."~ . CONIFER, COLORADO STATE OF COLORADO) )ss. COUNTY OF JEFFERSON) l. Webster L. Bradberry. do solemnly swear that I am the Publisher of the HIgh Timber Times; that the same is a weekly newspaper printed and published in the County of Jefferson. State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said county of Jefferson for a period of more than fifty-two consecutive weeks prior ta-the t'trSt publication of the annexed legal notiee or advertisement. that said newspaper has been admitted to the United States mails as second-class matter under the proviSIOns of the. act of March 3. 1879. or any amendments thereof. and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado newspaper for the period of _ LEGAL 3283 ". - , N011CE OF PlJllUC IEARING I t'I" .' "'..or '(....': ~'}"'.:.i.:!:. .; '_n.~""_1' .~', . NoIIce III he!IbY II""'" - a .-..- ' Hoanv. Iio'tilbe hIIIcI bebe... CIv.of of. '1 :=- arvCOUNCLGII......'c. w.. lIlT:llll't1..." '~0lirI1Iln:.r.:-~.' ~........"""'". .... .. ...., '. ... '~.~ ".!i1.... "Wl>oiiIt ............ _~.' ___10....- ..""", Ie ~iIr ........iWlIIIln'~ 't ThlIIoIoWrG Caaa lIhd be '-'II: ' b....:WP&oG&-01:,:A.~ ..~.il~to...ay"!r". -"'Wh8etC\.o...llI""''''l'Ion. 1lWltwo~ .....4d8ID are ..... ;...~ 1)cl:'xllnldt>or...~ I1or1IiIIePlin .....otDida... c:urent ~ ..... 8f1d 2) RevIIllans to 01aplBr 7 deaIi'g .... =.' ............tioI. . Katty FIIlld. ....... Asoistanl PIbIiIhad 1>< illhe ~ Timer lims on FebrUary 5, 2004 legal 3263 That the anne.'(edlegal notice or advertisement was published in the regular and entire issue of every number of said weekly D/'Lc consecutive insertions. and that the first publication of said notice was in the issue of newspaper dated ~ S -;-J, . A.D 20 0 t/' , and that the last publication of s~\Id notice "'<IS in the i~7ewspaper dated . ':j-A '* !i:hLUtlAy ,-5 . AD 20 _______ . .c;-M [n witness whereof [have hereunto set my hand thiS ~ doyof ~An 20 d _~~___ _____________. Publisher ;r.lrtrJ) NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City CITY COUNCIL on February 23, 2004, at 7:00 p.m. in the City Coun the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorru interested citizens are lllvited to speak at the Public Hearing or submit Wl The following case shall be heard. Case No. WP A-04-01: A resolution adopting amendments to the Ridge Comprehensive Plan. The two proposed amendments are tl Extension of the ComprehensIve Plan area outside the current city Revisions to Chapter 7 dealing with regional cooperation. - - NOTICE OF PUBLIC HEARIIIG Notice is hereby given that a Public Hearing j ~ ".:ffi'?before the tity of Wheat Ridge CITY COUNCIL on February 23, 2004, at 7:00 p.m. in the City Council Chambers 01 the MunicIpal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. AJt interested citizens are invited to speak at the Public Hearing or submit written comments, The following case shall be heard: Case No. WPA-04-01: A resolution adopting amendments to the City of Wheat Ridge Comprehensive Plan. The two -proposed amendments are the following: j ,,1) Extension ot the ComprehenSive Plan area outside the I current city limits and 2) Revisions to Chapter 7 dealing with regional cooperation. Signed Kathy Field Kathy Field, Administrative Assistant ATTEST Signed Pamela Y Anderson Pamela Y Anderson, City Clerk Wheat Ridge Transcript 42514954 Published February 5, 2004 Callfl'le5entineld. fr~c..rtphat 3C3-:l:1q~5541 lor 0 bob" Onno\Alc.ernent form! Signed Kathy Field Kathy Field, Admimstrative Assistant ATTEST Signed Pamela Y. Anderson Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: February 5,2004 City of Wheat Ridge Office of the City Council Memorandum '-~~':,,~ ~, " - " u ~ / ('Ot OR"''::)\)/' TO. Dean Gokey, Mayor Pro-Tem FROM. Pam Anderson, City Clerk DATE February 20, 2004 SUBJECT: Introduction of Jetfco Schools Superintendent Cindy Stevenson, Superintendent of the R-l Jeffco School District, has been gOing to our VariOUS CIty councils to thank them for theIr support of the Jeffco Pubhc Schools. Of those she's attended (Lakewood, Golden and Arvada, along WIth the Jefferson County CommIsSIOners), they have given her 5- 10 minutes dunng the Proclamations and Ceremonies portion of the agenda. Cindy's purpose IS to thank the council, as well as to gIVe them an update on the dIStrict, including current Issues and developments. Dean, Possible introduction. "I would like to welcome and introduce Cindy Stevenson, Superintendent of the Jetfco R-1 School District. She is here tonight to update the Council and Wheat Ridge citizens on current issues and developments in the school district." Amendment to Council Rules ElectIOn of Mayor Pro Tern and CouncIl President Amend Rule B, entitled Mayor Pro Tom to read. 1 At the first or second busmess meetmg m November of each year, the CouncIl shall NOMINATE, BY PAPER BALLOT, AND elect, by MOTION UPON a majonty vote, a Council President and a Mayor Pro Tem, who shall each serve until theIr successor IS elected. Council PnJsIdent and Mayor Pro TElm will be electod by seoret ballot. 'J,..",. : ."" :,"-:..t:"";:,,, 'S';,~ PROOF OF PUBLICATION I-IIGH TrMBER CONIFER, COLORADO STATE OF COLORADO) )ss. COUNTY OF JEFFERSON) I. Webster L. Bradberry, do solemnly swear that I am the Publisher of the High Timber Times; that the same is a weekly newspaper printed and published in the County of Jefferson. State of Colorado. and has a general circulation therein; that said newspaper has been published continuously and unintenuptedly in said county of Jefferson for a period of more than fifty-two consecutive weeks prior to"the fIrSt publication of the annexed legal notice or advertisement, that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the act of March 3. 1879, or any amendments thereof. and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. LEGAL 3225 NOTlCEOF PlEUC HEARING Notice is hereby given that a Plblic Hearilg is to be held before the City of Wheat Ridge PlJl.NNlNG COMMIS- SION on January 15, 2004, at 7:00 pm. n the City Comel Olambers of the Mo- nq,al BLiding at 7500 West 29th Ave- nue, Wheat Ridge, Colorado. AU mer- ested citizens are nvded to speak at the Plbic Heamg or submit written comments. The followng case shaI be heard: O' Jt:- newspaper for the period of ~N consecutive insertions, and that the first publication of said Case No WPA-04-Q1: A resoiution adop1ing amendments to the City of Wheat Ridge Cor11>rehensive Plan. The two proposed amendments are the following: 1) Extension of the Corrpre- hensive Plan area outside the curent city Iinits and 2) Revisions to Olapter 7 dealing with regional cooperation. Kathy Foeld, Admi1istrative Assistant ATIEST Pamela Y Anderson, City CIerI< To Be PtbIished: High Trnber T mes Date: January 8, 2004 lEGAl 3225 That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly notice \~as in the issue of newspaper dated -:::JJ:l...(\UOA.L.j___ ~~~_~. A.o 20 oL{ __' and that the last publication of said notice v-ros in the issue of newspaper dated '" ~1~{\AAf---Z..~A.D. 20-d ~ In witness whereof I have hereunto set my hand this 'l:. D~ day of ':--J() i,Ll.. 0:--('~ 20 ---~----~~-----~---_. Publisher the County of Jefferson. State of Colorado. this day of Subscribed and sworn to before me. a notary public in and for '3'tl\ .. Proof of PublicatIOn THE WHEAT RIDGE TRANSCIPT 1000 10th Street, Golden, CO 80401 I, L. Arguello. being duly sworn. deposes and says: That I am the agent of The Wheat Ridge Transcript. newspaper printed and published in the city of Wheat Ridgc, County of Jefferson and State of Colorado, and has personal knowledge of all the facts set forth in this affidavit, 2 That the said newspaper is printed and published once each week on Thursday. and that it has a general circulation in the City of Wheat Ridge and in the County of Jefferson and elsewhere, delivered by carriers or transmitted by mail to each of the subscribers of said paper, according to the accustomed mode of business in this office, 3 That the said newspaper was established and has been printed and puhlished in the said City of Wheat Ridge and the County of Jefferson uninterrupted and continuously during a period of at least 52 consecutive weeks next prior to the first issue there- of containing said publication is required by law to he published, a copy of which is hereto attached; 4 That the said newspaper is a weekly newspaper qualified to puhlish legal notices. as defined by the Statutes of the State of Colorado; 5 That said newspaper had. prior to April 9. 1999. and has ever since that date. been admitted to the United States mails as second class matter under the provisions of the Act of March 3, 1979, or any amendments thereto. 6 That the said annexed puhlication was puhlished in the regular and entire edition of the Wheat Ridge Transcript, a duly qualified weekly newspaper for that purpose, within the terms and means of the Statutes of the State of Colorado; 7 That the said annexed puhlication is a full, true. and correct copy of the original which was regularly published in each of the regular and entire issues of the Wheat Ridge Transcript. legally qualified paper for that purpose, once each week. on the same day of each week. for -1-- successive weeks. hy J insertions. and that the first publication thereof was in the issue dated January 8, 2004, and that the last puhlication was in the issue dated January 8.2004 Subscribed and sworn to bcfore me this 8th day of January, 2004. By cd acrc,fL ST ATE OF COLORADO SS County of Jefferson ~it:7 hand and official seal L/'YI . J . . ~.f?/K a~.x-P i7 If (~ Notary Public NOTICE 01' PUSUC HEARING Notice is her~v given -that a Public Hearing is to be held before the City of Wheat Ridge P~NNING COMMISSION on January 15~'12004. at 7:00 p.m. in the City Council Ch~mbers of the Municipal Building at 7$00 West 29th Avenue. Wheat Ridge, Colorado. All interested citizens are inv..ited to speak at the Public Hearing or submit written comments. The following case shall be heard: Case No. WPA..Q4-()1: A resolution adopting amendments to the City of Wheat Ridge Comprehensive Plan. The two proposed amendments are the following: 1) Extension of the Comprehensive Plan area outside the current city limits and 2) Revisions to Chapter 7 dealing with regional cooperation. Signed Kathy Field Kathy Field, Administrative Assistant ATTEST Signed Pamela Y Anderson Pamela Y Anderson, City Clerk Published: January S, 2004 Wheat Ridge Transcript 42514633 ,.,_._,...-"-,..,.~'-~~ : KAREN ANNE MOLINE ~ ~ NOTARY PUBLIC : ~ STATE OF COLORADO ~ --,~- ~.~.-----_.~' My Commission Expires Apr. 9. 200~ @llW CITY OF WHEAT RIDGE, COLORADO February 23, 2004 The Regular City Council Meeting was c~).Ied to order jay Mayor Cel)tE!ny at 7 00 P)l1 ./ Co~em~ers present: ~rry DiTullio, Kar~Berry, Dean Gokey, Wanda Sang, Mike Stites, Karen Adams, Lena Rotola', and Larry Schulz, Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White; Director of Public Works, Tim Paranto, staff; and interested citizens ~ !_u,.,~e I.-c cO'rlti'l r Lt~kk.:r- APPROVAL OF MINUTES OF February 9.2004 Motion by Mr DiTullio for the approval of the Minutes of February 9, 2004, seconded by S;1u..Jv~ carried 7-- () ~ J PROCLAMATIONS AND CEREMONIES CAMv) :;\t""~ Svc\t\ IV\. \C-.-.! ctJ. () ~ ~~.' ~-1 SCl.w'~~ J I J r- \ , "" wct-\/'-4'~ y\^\.-IC~\-""l.\;:/ (.1 + {,\J c.. ~t, ~- \ ~- vn-\ ('v~ \ , Ll \ I I U,; C ..Lttt.L~) \.-_k" i;-.)y,- I Dv. TYe"""",-",", C~1 Cj 0 , _ APPROVAL OF AGENDA / /4\- vJ.. \ -t'1A, N -t \<)':"-1 , J--(ss Ch f\ ~\-'-:,. Mayor pro tem, Dean Gokey, presented : . Proclamation honoring the Wheat Ridge High School Band, Orchestra and Choir jc-sL\ !7~b\1.&1A '- 'J fYe ,x- vJ--r-ck 0 L, ~-t-vt' '( k---'vL< ) ~C c\J: vJ--- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. PUBLIC HEARING ON RESOLUTION 04-2004 - ADOPTING AMENDMENTS TO THE WHEAT RIDGE COMPREHENSIVE PLAN Resolution 04-2004 was introduced by \----~\(. Dl~U,i D Motion by \--t. c\ ~ ll, 0 ')U-~..... V do u, ) to adopt Resolution 04-2004, seconded by .:e e/ ,^,1Iv\-e~v-L~..v1L + ~m~ . I ~ , t- ~. ",I--j,.J <t~h( ....0--"",( \ CLlloov, L(, ~.\-e (j~-C' >o*"'-l-~ r~ ~ "'-- -\:-z--t. ~l'0.'~ 1-- C 'VV.t'{..,l" fj(.c -1, \:t.\. ) \::\\Vc II ~ 1--; ~_ C c,.....c...'- I -=t- - c CITY COUNCIL MINUTES February 23, 2004 Page -2- ORDINANCES ON FIRST READING Item 2. COUNCIL BILL 01-2004 - PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE-C TO RESIDENTIAL THREE FOR PROPERTY LOCATED AT 3281 CHASE STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-03-11) (Marc and Emily Cave) Council Bill 01-2004 was introduced on first reading by Motion by \l.' V~k~\,l c- to approve Council Bill 01-2004 on first reading, ordered published, public hearing set for March 22, 2004 at 700 P m. in the City Council Chambers, and that it take effect 15 days after final publication, seconded by ~1vk . carried .--:;-. 'D . Item 3. COUNCIL BILL 02-2004 - AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 6375 WEST 44TH AVENUE. Council Bill 02-2004 was introduced on first reading by V.~h ~ ~AY Motion by vAcs ~vV/ to approve Council Bill 02-2004 on first reading, ordered published, public hearing set for March 8, 2004 at 7 00 P m in the City Council Chambers, and that it take effect upon adoption, as permitted by Section 5 11 of the Cha.rter; seconded by tAl'-'\. ( ~ i 0 earned i ---- '[ DECISIONS. RESOLUTIONS, AND MOTIONS APPROVAL OF LICENSE TO USE RIGHT-OF-WAY - MELODY HOMES SKYLINE ESTATES FILING 3 SUBDIVISION Motion by ~ L~ '-:, V L.-tD (,,".\.. to approve the LICENSE TO USE PUBLIC RIGHT-OF-WAY granting Melody Homes and Skyline Estates Filing No 1 Master Association the right to operate and maintain an underdrain system within City street rights-of-way within the development located north of Ridge Road and west of Miller Street; seconded by S CV~u.V carried 1- / C () Item 4. CITY COUNCIL MINUTES February 23, 2004 Page -3- Item 5. ASSIGNMENT OF BUS SHELTER AGREEMENT TO OUTDOOR PROMOTIONS, INC " Motion by ')~ \.---e/~ to approve the assignment of the bus shelter agreement to Outdoor Promotions Inc. sec~nded by -DiT ~l l \. ~ L"' I scu. l ,\ ,v~ ' - earned ::J - [) . ~ CITY MANAGER'S MATTERS VV.i\,r0Z./ CITY ATTORNEY'S MATTERS '-lh. '-xc ~L.d.e...: ).- . ELECTED OFFICIALS' MATTERS 'S<.( \..l,-'~"-::> <~ . .") J .' \L _'<--'. Meeting adjourned at p m. Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON MARCH 8, 2004 BY A VOTE OF to Wanda Sang, Council President 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 Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ~ -,. C\ __ V\1.U4\ \'j -KAJt;,'-)'t-v- . fOo hL :cLL~ (L"'-. 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