HomeMy WebLinkAbout04/26/2004
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6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
April 26. 2004
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF April 12, 2004
PROCLAMATIONS AND CEREMONIES
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Amyotrophic Lateral Sclerosis Association Month - May 2004
Arbor Day and Tree City USA
Mental Health Month - May 2004
Older Americans Month - May 2004
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
C{..t} f
Item 1.
Consent Aaenda:
A. Amendment #1 to ITB-04-013 Clear Creek Trail Improvements.
B. Extension of Revocable License Agreement for the Apple Ridge Cafe.
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CITY OF WHEAT RIDGE, COLORADO
April 12, 2004
Mayor Cerveny called the Regular City Council Meeting to order at 7 00 p.m. Councilmembers
present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang,
Larry Schulz, and Mike Stites. 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.
APPROVAL OF MINUTES OF March 22, 2004
Motion by Mr DiTullio to approve the Minutes of March 22, 2004 as amended; seconded by
Mrs. Rotola; carried 8-0.
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny presented the proclamations for
A. Crime Victims' Rights Week - April 18-24, 2004' State Representative Cheri
Jahn accepted the proclamation and made a few remarks regarding the
commemorative stamp that was issued for Crime Victims' Week and encouraged
everyone to purchase their stamp to "stamp out domestic violence".
B. National Kite Week - April 19 through April 25, 2004
CITIZENS' RIGHT TO SPEAK
There were no citizens present to speak under Citizens Right to Speak.
Item 1.
Consent Aaenda:
A. Approve Award ITB-04-009 Concrete Rehab Project.
B Approve Award ITB-04-010 Overlay Project.
C. Approve Award RFB-04-007 Trailer Mounted Brush Chipper.
D. Approve Award ITB-04-013 Clear Creek Trail Improvements.
E. Approval of the Revised Personnel Policies.
Consent Agenda was introduced and read by Mr. DiTullio.
CITY COUNCIL MINUTES April 12, 2004
Page -2-
Motion by Mr. DiTullio for the approval of the Consent Agenda, seconded by Mr Gokey.
Louise Turner, 11256 W 38th Avenue, spoke regarding the legislative history on
paving along Clear Creek. She said she was opposed to the expense of the concrete
rehabilitation capital projects, and questioned whether it was the most cost effective
approach She asked that this money be diverted to the Police Department.
Don MacDougall, 9815 W 3yth Avenue, stated that he supports asphalt paving as
opposed to concrete paving along the greenbelt. He felt that if the goal was to be more
natural, than the asphalt had a more natural feel.
City Clerk Pam Anderson read a letter into the record from John McMillin, 9801 W. 38th
Avenue, which expressed his opposition to the concrete paving.
Motion carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 05-2004 - AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED
DEVELOPMENT DISTRICT REGULATIONS.
(Case No. ZOA-03-14)
Council Bill 05-2004 was introduced on second reading by Ms Berry; Ms. Berry read
the title and executive summary; Pam Anderson assigned Ordinance No 1319
Meredith Reckert, Community Development, presented the staff report.
Motion by Ms Berry to approve Council Bill 05-2004 (Ordinance No. 1319) on second
reading, and that it take effect 15 days after final publication, seconded by Mrs. Sang
Motion by Mr DiTullio to amend the main motion to make the following change to the
Ordinance 1 Delete Subsection A. of Section 26-306 5 (Planned Mixed Use District)
and that the subsequent subsections be re-Iettered accordingly; seconded by Mr.
Gokey; carried 8-0
Motion by Mr DiTullio to amend the main motion to add the following language to
Sections 26-309 F and G
F. To vary from the minimum development standards established on a
recorded outline development plan, an amended outline development
plan is required when the variance is less than the established
minimum. No amendment is required if the variance is greater
than the established minimum standard.
G To vary from the minimum development standards established on a
recorded final development plan, an amended final development is
required when the variance is less than the established minimum.
No amendment is required if the variance is greater than the
established minimum standard.
seconded by Mrs. Sang and Mrs Rotola, carried 8-0
CITY COUNCIL MINUTES. April 12, 2004
Page -3-
Motion by Mr. DiTullio to amend the main motion to add the following language to
Sections 26-309 E. F and G Add the following to paragraph E. This provision does
not apply to requirements listed under Article IV Subdivision Regulations;
seconded by Mrs Rotola; carried 8-0
Original Motion as amended carried 8-0
Item 3.
COUNCIL BILL 06-2004 - AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO EXPIRATION
OF DEVELOPMENT PLANS.
(Case No lOA-03-17)
Council Bill 06-2004 was introduced on second reading by Mr Stites; title and executive
summary read by Pam Anderson. Ms Anderson assigned Ordinance No. 1321
Meredith Reckert, Community Development, presented the staff report.
Motion by Mr. Stites that Council Bill 06-2004 (Ordinance 1321) be approved on second
reading, and that it take effect 15 days after final publication; seconded by Mrs. Sang;
carried 8-0.
ORDINANCES ON FIRST READING
Item 4.
COUNCIL BILL 07-2004 - AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO
COMMERCIAL AND INDUSTRIAL LAND USES.
(Case No lOA-04-01)
Council Bill 07-2004 was introduced on first reading by Ms Berry
Motion by Ms Berry to approve Council Bill 07-2004, Case No lOA-04-01, on first
reading, ordered published, public hearing set for April 26, 2004, at 7.00 p m. in City
Council Chambers, and that it take effect 15 days after final publication; seconded by
Mrs Sang; carried 8-0.
DECISIONS, RESOLUTIONS. AND MOTIONS
Item 5.
Chief Edward Pinson Memorial.
Item 5 was introduced by Mr Stites The executive summary was read by Pam
Anderson.
CITY COUNCIL MINUTES: April 12, 2004
Page -4-
Motion by Mr. Stites that in honor of and as a memorial to Chief Edward Pinson, the first
Police Chief for the City of Wheat Ridge, the driveway leading into city Hall from West
29th Avenue be named "Pinson Place" I also move that a plaque and portrait of Chief
Pinson be placed in City Council Chambers; seconded by Mrs Sang
Edward Ray, 8225 Hoyt Court, Arvada, spoke on behalf and in honor of a memorial to
Chief Ed Pinson. He spoke about what a remarkable man Ed Pinson was, and how he
was dedicated to the community of Wheat Ridge and public service
Motion carried 8-0
CITY MANAGER'S MATTERS
Randy Young read a portion of a news Release regarding Project ChildSafe. The
Wheat Ridge Police Department will distribute approximately 1000 free firearm safety
kits to local residents through a partnership with Project ChildSafe, a nationwide
firearms safety education program The safety kits, which include a gunlock, will be
available for distribution beginning on April 12, 2004 at the Wheat Ridge Police
Department, located at 7500 West 29th Avenue. The locks will be in the Police
Department lobby. No paperwork or ID is required to obtain a free firearm safety kit.
The Department wants to encourage citizens to come in and pick up as many firearm
safety kits as reasonably necessary to secure the firearms in their home. Citizens
should try to obtain the kits from the jurisdiction in which they reside
CITY ATTORNEY'S MATTERS
Jerry Dahl announced that Mr DiTullio would be bringing a motion to convene an
executive session
ELECTED OFFICIALS' MATTERS
Mayor Cerveny thanked Dean Gokey for acting as Mayor pro tem during her vacation
The area Agency on Aging is still doing their phone survey and the company doing the
survey is National Research Center It is a local company and if you get a call, please
take the time to answer the question The survey is to determine the present and future
needs of seniors.
TDK, a local business, received an award at the Jefferson Economic Council breakfast.
She will send them a letter of congratulations.
Pam Anderson encouraged everybody to go out to their caucuses tomorrow.
CITY COUNCIL MINUTES. April 12, 2004
Page -5-
Dean Gokey asked for a moment of silence in memory of Dave Roberts, the former Fire
Marshall for Wheat Ridge, who had passed away recently.
He thanked staff for their hard work on the Personnel Policy. He thanked the Mayor for
the opportunity to fill in for her; the Youth Awards were just great.
Wanda Sang made an announcement that District I and District II will hold a combined
First Monday meeting in May at the Senior Center and the topic is going to be the
presentation from the Police Department on their 2004 and 2005 budget needs
Karen Adams brought to the attention of the community that on Friday, April 16, at
Wheat Ridge High School, numerous agencies have donated their time to remind our
young people to make good choices
Mike Stites thanked the Police Department for their presentation at the First Monday
meeting; he also thanked Ed Ray for his help on Ed Pinson's memorial, and staff and
Council for the speedy way it was handled
Lena Roto/a also thanked the Police Department for their presentation at the First
Monday meeting
Larry Schulz thanked the Police Department for their presentation and the folks who
are actually out on the street doing the work. He reminded everybody of the meetings
of Northwest Quadrant Transportation Study and encouraged people to attend.
He stated that DRCOG puts out a caregiver handbook and can be obtained from him.
He invited District IV folks to a clean-up effort on May 8
Jerry DiTullio acknowledged the Manager's Office; he has been working with them and
the IT Department to bring up the 38th Avenue Business District information The goals
and objectives of the District are on the website now and they have the application for
fa<;:ade and signage rehab.
Motion by Mr DiTullio to go into Executive Session for a conference with the City
Attorney under Section 24-6-42 (4)(b)C.R.S , specifically advice on legal representation
of the Wheat Ridge Urban Renewal Authority and the impact of pending legislation upon
its powers. I further move to adjourn the Council Meeting at the conclusion of the
Executive Session, seconded by Mrs. Sang; carried 8-0.
CITY COUNCIL MINUTES' April 12, 2004
Page -6-
EXECUTIVE SESSION WAS HELD
Meeting adjourned at 8:24 p m.
Pamela Y. Anderson, City Clerk
APPROVED BY CITY COUNCIL ON APRIL 26, 2004 BY A VOTE OF to
Wanda Sang, Council President
The preceding Minutes were prepared according to S47 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
AMYOTROPHIC LATERAL SCLEROSIS ASSOCIATION
MA Y 2004
WHEREAS, the Amyotrophic Lateral Sclerosis (ALS) Association is the only national not-for-
profit voluntary health orgamzatlon dedIcated solely to the fight against ALS; and
WHEREAS, the ALS AssociatIOn is lighting the way for a treatment and cure for ALS through
research, patient and community services, public education and advocacy; and
WHEREAS, the ALS Association's mission IS to find a cure for and to improve living with
ALS; and
WHEREAS, the Rocky Mountain Chapter ofthe ALS Association was chartered on February
1, 1996 to provide help and hope to those Coloradoans facing the diagnosIs of ALS; and
WHEREAS, all Coloradoans are encouraged to support the efforts of the ALS Association and
actively work to Strike Out ALS by volunteering their time to the Rocky Mountam Chapter of
The ALS Association during May 2004 and beyond, and
WHEREAS, nationwide, the month of May 2004 has been designated by the Congress of the
United States as ALS Awareness Month; and
NOW, THEREFORE BE IT RESOLVED THAT, the City of Wheat Ridge proclaIms the
month of May 2004 to be ALS Awareness Month.
IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the CIty of Wheat Ridge
thIS 26th day of Apnl, 2004.
PROCLAMATION
ARBOR DAY
May 8, 2004
WHEREAS, trees have always been regarded as an important asset to the citizens of the
Community of Wheat Rtdge, providing one of the first business opportunities in the
1860's, and
WHEREAS, trees continue to be respected as an Important part of the quality of life to
the citizens of the City of Wheat Ridge, enhancing property values and community spirit;
and
WHEREAS, our mature trees are suffering from the devastation of environmental
stresses including insect and disease, winter drought, and severe temperatures, and
WHEREAS, citizens, businesses, green industry, elected officials and staff continue to
work together to maintain and provide for tree covered streets, parks, and properties, and
WHEREAS, all visitors to Wheat Ridge will benefit from the plantmg oftrees; and
WHEREAS, the CIty of Wheat Ridge has been awarded "Tree Ctty U S.A" by the
National Arbor Day Foundation, and
NOW, therefore, I, Gretchen Cerveny, Mayor of the City of Wheat Ridge, so hereby
declare Saturday, May 8, 2004, as
"ARBOR DAY"
and encourage all citizens and businesses of Wheat Ridge to partIcipate m this effort by
planting a tree or shrub
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PROCLAMATION
MENTAL HEALTH MONTH
WHEREAS, mental health is critical for our well-being and vitality as well as that of our
families, communities and businesses; and
WHEREAS, the President's New Freedom Commission declared that mental disorders
and mental health problems affect people of all backgrounds and all stages of life, and no
one is immune, and
WHEREAS, The World Health Organization found that mental illnesses rank first in
tenus of causing disability in the United States and, collectively, are the most prevalent
health problem in America today; and
WHEREAS, mental illnesses, including substance abuse, affect one in five Americans
every year, regardless of age, gender, race, ethnicity, religIOn or economic status; and that
one III ten children has a serious mental health disorder that, if untreated, can lead to
school failure, physical illness, substance abuse and even suicide, and
WHEREAS, mental health disorders such as schizophrenia, depression and anxiety
disorders are real, common and treatable illnesses, and the long-tenu consequences of
untreated mental health disorders in children and adults are costly, in both human and
fiscal tenus, and
WHEREAS, the City of Wheat Ridge, Colorado has made a commitment to community-
based systems of mental health care for all residents and to the core values and guiding
pnnciples of a system of care for children with mental health needs and thetr families,
and
WHEREAS, numerous state and local organizations and agencies request that May be
proclaimed as Mental Health Month to raise awareness and understanding of mental
health and illness,
THEREFORE, I, Gretchen Cerveny, do hereby proclaim Mayas Mental Health Month
in the City of Wheat Ridge. As Mayor, I also call upon all the City of Wheat Ridge
CItizens, government agencies, public and private institutions, businesses and schools to
support increased awareness and understanding so that those suffering from mental
Illness recetve accessible and appropriate services.
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-Pamela(:~A
PROCLAMATION
OLDER AMERICANS MONTH
A TIME TO SUPPORT OLDER ADULTS AND THEIR
CAREGIVERS
MAY 2004
WHEREAS, since tts inception forty-one years ago, Older Americans Month held each May
has been a time for the entire nation to recognize the older adults in their communities; and
WHEREAS, the theme for the 2004 Older Americans Month "Aging Well, Living Well"
celebrates and recogrnzes older Americans who are living longer, healtluer, and more productive
lives.
WHEREAS, one m six Americans, or 44 million people, are age 60 or older; this includes
four million Americans 85 or older; and
WHEREAS, it is projected that by the year 2030, one in five Americans will be over age 65
and the 85 plus population will be triple what it is today; and
WHEREAS, programs established under the Older Americans Act, enacted in 1965, have
been the foundation of services for older adults and are at the core of our national system of home
and community-based care; and
WHEREAS, the Older Americans Act is based on the principle that older adults are entitled
to spend their retirement years in good health livmg with independence and dignity To put this
ideal into action, the Older Americans Act created a network of nearly 900 Area Agencies on
Aging and Native American agmg programs in communities across the country; and
NOW, THEREFORE, I do hereby proclaim May 2004, as Older Americans Month: A
Time to Support Older Adults and their Caregivers
IN WITNESS WHEREOF, I have hereunto set my hand and Seal ofthe City of Wheat
Ridge this 26th day of April, 2004
ITEM NO: ~. A I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 12, 2004
TITLE:
APPROVE AMENDMENT #1 TO ITB-04-013 CLEAR CREEK
TRAIL IMPROVMENTS
o PUBLIC HEARING
IZl BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
IZl
No
~~.
~ Parks aqd'Recreati~ Director
cM~9s
City Manag~
EXECUTIVE SUMMARY:
The Clear Creek Trail Replacement project was funded in part by a Jefferson County Joint Venture
Grant. The City of Wheat Ridge attributable share of Open Space funds provide the match for this
grant. On April 12, 2004, Council awarded this project to Scott Contracting, Golden, CO in the total
amount of$174,897 .50 and a contingency amount of$17 ,490.00. The scope of work for the main trail
included replacement between Charlie Brown Bridge at approximately Carr St. traveling west to
Garland. Due to the low bid received for the main trail replacement, there is a balance of$52,463.00
available in the budget for the project. If these funds are not used, it is required that a portion of the
funds be returned to Jefferson County Open Space.
Amendment #1 is to request approval of additional work in Anderson Park on the access trails that
lead to the Clear Creek Trail. These access trails are located around the Park Pavilion, north of the
baseball field and the access trail that leads to Garland Street. Staff requests approval to increase the
scope of work with Scott Contracting in the total amount of$37,150.1O and a 10% contingency of
$3,715.00. Pricing was negotiated with the Contractor at the unit prices of the original bid.
COMMISSIONIBOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
The majority of these access trails are in disrepair. There are areas of the trail that are also unsafe due
to the trail conditions. An alternate detour route will be in place at all times during trail construction.
The access trails will be constructed in concrete and will vary in width depending on location. There
is a continuing difference of opinion as to the merits of the concrete versus asphalt. Jefferson County
Open Space will only fund concrete as the recognized standard for use in trail replacement. If the
balance of the funds are not used, a portion will be required to be returned to Jefferson County. Also,
if concrete is not used as the material the grant will be revoked. Staff also recommends concrete as the
trail replacement surface.
AL TERNA TIVES CONSIDERED:
Do not replace the trail.
FINANCIAL IMP ACT:
Funding for thts project were approved as part of the 2004 Open Space Budget. A Jefferson County
Joint Venture grant was applied for and received in the amount of$150,000.
RECOMMENDED MOTION:
"1 move to approve Amendment #1 to ITB-04-013 Clear Creek Trail Improvements to Scott
Contracting, Golden, Colorado in the amount of$3 7, 150.1 0 to be charged to account 32-601-800-862.
1 further move that a 10 % contingency amount of$3,715.00 be established and charged to account
32-601-800-862."
or,
"I move to deny approval of Amendment #1 to ITB-04-013 Clear Creek Trail Improvements for the
followingreason(s) "
Report Prepared by;
Reviewed by;
Joyce Manwaring, Parks and Recreation Director
Linda Trimble, Purchasing Agent
Attachments:
1. Scott Contracting Proposal
040426 CAF Clear Creek Trail Amendment!
APR-ZO-Z004 14 53
FROM-WHEATRIDGE RECREATION CENTER
3032311350
T-B5Z P OOZ/ODZ F-375
CI.t:AR CREEK TJUIL JMPROV~MENTS
APDITIONAL WORK
110m' Oe..c;ripCian Quartllcw UnIt Unit Prlea T DIIII
EAST CONNE:CTION
1 DEMO I MI~L fXlSTING TRAIL 428 6'( $1.2Q $513.80
2 SlJ8GAAOE RECONDITIONING 428 SY ~,.50 $642 00
3 CONe TRAIL pAVING. 8- DEPTH 42.8 SV i19.00 $8,13200
4 CONSTRLlCllON FENClI'lIG 550 LF $1.00 S~5C.ca
5 uTILiTY LOCATING 1 LS ~190_00 '19000
6 MATERIALS TESTING , LS SS30.0D 5530.00
7 CONSTRUCTION STAKING 1 LSi ~45aaO ,J4S0.00
It O~OuR SIG/IIS 4 EA 580.00 $32.0.00
WEfiT CONNpCTrON
'1 DISPOSAl OF EXISTING ASPHAlT 62.~ SV $5.DO lii3.14500
12- SUBGAADE RECONDITIONING 629 SY $1.50 $943.5Q
13 CONC. TRAIL pAVING - S" DEPTH 51' SY $32.00 ~'S,3S2 po
14 CONe. TRAIl. PAVING - 4" CEPnl 118 Sv ~Z4.DO ~.832..00
,5 CCNSTIiUCTION FENCING 600 LF $1.00 ~OO.OO
lfj LITH../TY LOCATlI\lG , EA 5190.00 ~, 90 00
17 MATERIAU'i TESTING 1 LS $710.00 ~7ilO.DQ
'11 CONSTRuCTION STA~NG 1 LS $660 aD $060.00
19 DETouR SIGNS 'l EA $80,00 $320,00
TInilII $11"10,,,0
ATTACHMENT 1
ITEM NO: 1.33.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 12, 2004
TITLE:
EXTENSION OF REVOCABLE LICENSE AGREEMENT FOR
THE APPLE RIDGE CAFE
o PUBLIC HEARING
[gI BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
rgJ
No
~
C:k--\~r~
Parks and R~eation ector
Ci~~~
EXECUTIVE SUMMARY:
A revocable license agreement was first granted to Apple Ridge Cafe on October I, 2000 providing
access and use of a portion of ci~ property designated as future park land. The Cafe is located at 3790
Kipling Street directly north and west of ci~ property referred to as the Einerson property. The
agreement allows private access to and from the Cafe for delivery trucks. The owner of the Apple
Ridge Cafe is requesting an extension of the license.
The land is future park land that is scheduled for development in 2008 pending approval of the Ci~
Council and as budget allows. With the park development currently scheduled for 2008 in the Open
Space five-year plan, the staff is recommending that the Agreement be extended ] year. If
development of the park occurs prior to expiration of the Agreement, the Ci~ can revoke the license at
any time by giving a 30-day notice, with or without cause (reference Section 6 of the License
Agreement).
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The Agreement at this time does not impact the ci~ due to the fact that the park is not slated for design
and development until 2008. The design/development year of 2008 is contingent upon Ci~ Council
approval and budget availabiIi~, both in terms of design and development funds and the operating
expenses to maintain the park.
AL TERNA TIVES CONSIDERED:
Do not approve the Agreement.
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to extend the Revocable License Agreement with Apple Ridge for a period of (1) year
expiring June 1,2005."
or,
"I move to deny the Revocable License Agreement with Apple Ridge Cafe."
Report Prepared by: Joyce Manwaring, Parks and Recreation Director
Barbara Delgadillo, Assistant to the City Manager
Attachments:
1. Revocable License Agreement with Apple Ridge Cafe
040426 CAF Apple Ridge Cafe Agreement
REVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT is entered into as of the _ day
of , 2004, by the CITY OF WHEAT RIDGE, COLORADO (hereinafter
"City"), and to Food Systems, Inc. doing business as Apple Ridge Cafe (hereinafter
"Licensee"), together referred to herein as the "Parties"
RECITALS
A. The City is the owner of certain real property located within the County of
Jefferson, State of Colorado, more particularly described on the attached
Exhibit A attached hereto and incorporated herein by this reference (the
"City Property").
B. Licensee maintains property located adjacent to the City Property. The
locations of the City Property and Licensee's property are shown on
Exhibit B attached hereto and incorporated herein by this reference
LICENSE
FOR AND IN CONSIDERATION OF the mutual promises and covenants
contained herein, the payment to the City by Licensee of Ten Dollars and other good
and valuable consideration, the delivery, receipt and acceptance of which are hereby
acknowledged and confessed, the Parties agree as follows:
1. Grant of License
The City hereby grants to Licensee a License over and across a portion of the
City Property, as shown on the attached Exhibit B and hereinafter referred to as the
"Licensed Area," for the purposes and subject to the restrictions set forth herein. Use of
the Licensed Area shall be exclusively for the Licensee and the City, and not for access
by the general public. This License supersedes and replaces the Revocable
License Agreement entered into by the Parties on October 1, 2000.
2. Acknowledgment of Licensee
Licensee acknowledges that the City's grant of this License does not grant any
prescriptive rights in the City Property to Licensee, and recognizes that the City
Property is owned by the City for the benefit of the general public. Licensee further
acknowledges the existence and applicability of Wheat Ridge Home Rule Charter,
Section 15 9 which provides
Revocable Permits
The Council may grant a permit at any time for the temporary use
or operation of any street, alley or city-owned place, provided such
permits shall be revocable by the Council at its pleasure, regardless
GED\53027\355731.01
ATTACHMENT 1
of whether or not such right to revoke is expressly reserved in such
permit.
3. Limitations on Use of the City Property
a. The Licensed Area may be used solely and exclusively for the following
purposes' private access to and from Licensee's property by delivery
trucks only, and for such City-permitted improvements as Licensee may
make at its sole expense consistent with the requirements for a private
drive or as otherwise permitted by the City.
b The City will apply road base to the Licensed Area to facilitate Licensee's
use.
c. Licensee agrees to maintain all improvements upon the Licensed Area in
good repair and safe condition All repairs shall be made at Licensee's
sole expense, and City shall have no monetary obligation whatsoever to
maintain the Licensed Area, all of which shall be maintained solely at
Licensee's expense Licensee shall maintain the Licensed Area
reasonably free from unsightly debris or accumulations of trash and the
like and, in compliance with the standards set by City, junk, weed, litter
and nuisance ordinances.
d No additional improvements shall be constructed on the Licensed Area
without the express written permission of the City
e. This License is not exclusive. The City reserves the right to make or
permit such use of the Licensed Area as is not incompatible with the uses
permitted to Licensee.
f Upon termination of this License for any reason, any and all improvements
made to the Licensed Area shall become and remain the property of the
City
g Licensee's use of the Licensed Area shall always and continuously be in
compliance with all applicable federal, state and local rules and
regulations, specifically including those contained in the Wheat Ridge City
Code and associated regulations
4. Indemnification
The Licensee agrees to indemnify and hold harmless City, its officers,
employees, insurers and self-insurance pool from and against all liability, claims and
demands on account of injury, loss or damage including, without limitation, claims
arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, or any other loss of any kind whatsoever which arise out of or are in any
manner connected with this License, to the extent such injury, loss or damage is caused
in whole or in part by, or is claimed to be caused in whole or in part by, the act,
GED1530271355731.01
-2-
of whether or not such right to revoke is expressly reserved in such
permit.
3. Limitations on Use of the City Property
a. The Licensed Area may be used solely and exclusively for the following
purposes. private access to and from Licensee's property by delivery
trucks only, and for such City-permitted improvements as Licensee may
make at its sole expense consistent with the requirements for a private
drive or as otherwise permitted by the City
b. The City will apply road base to the Licensed Area to facilitate Licensee's
use
c. Licensee agrees to maintain all improvements upon the Licensed Area in
good repair and safe condition All repairs shall be made at Licensee's
sole expense, and City shall have no monetary obligation whatsoever to
maintain the Licensed Area, all of which shall be maintained solely at
Licensee's expense Licensee shall maintain the Licensed Area
reasonably free from unsightly debris or accumulations of trash and the
like and, in compliance with the standards set by City, junk, weed, litter
and nuisance ordinances.
d No additional improvements shall be constructed on the Licensed Area
without the express written permission of the City
e This License is not exclusive. The City reserves the right to make or
permit such use of the Licensed Area as is not incompatible with the uses
permitted to Licensee.
f. Upon termination of this License for any reason, any and all improvements
made to the Licensed Area shall become and remain the property of the
City
g Licensee's use of the Licensed Area shall always and continuously be in
compliance with all applicable federal, state and local rules and
regulations, specifically including those contained in the Wheat Ridge City
Code and associated regulations.
4. Indemnification
The Licensee agrees to indemnify and hold harmless City, its officers,
employees, insurers and self-insurance pool from and against all liability, claims and
demands on account of injury, loss or damage including, without limitation, claims
arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, or any other loss of any kind whatsoever which arise out of or are in any
manner connected with this license, to the extent such injury, loss or damage is caused
in whole or in part by, or is claimed to be caused in whole or in part by, the act,
GEDI53027\355731.01
-2-
omission, error, professional error, mistake, negligence or other fault of the Licensee,
any subcontractor of the licensee, or any officer, employee, representative or agent of
the Licensee or of any Licensee of the Licensee, or which arise out of any workmen's
compensation claim of any employee or volunteer of the Licensee or of any employee of
any subcontractor of the Licensee. The Licensee agrees to investigate, handle,
respond to and to provide defense for and defend against any such liability, claims or
demands at the sole expense of the Licensee. The Licensee also agrees to bear all
other costs and expenses related thereto, including court costs and attorney fees,
whether or not any such liability, claims or demands alleged are groundless, false or
fraudulent.
5. Insurance
Licensee shall maintain continuously during the License Term, policies of
insurance no less than those listed on the attached Exhibit C. The policies shall be
endorsed to include City and City's officers and employees.
The Parties understand and agree that City is relying on and does not waive or
intend to waive by any provision of this License, the monetary limitations (presently,
$150,000 per person and $600,000 per occurrence) or any other rights, immunities and
protections provided by the Colorado Governmental Immunity Act (C.RS. 924-10-101,
et seq.), as from time to time amended, or otherwise available to City, its officers or
employees.
6. Term of License; Revocation
This License shall be in force and effect from the date first set forth above until
June 1, 2005, or through the end of any extension of this License granted by the City by
written amendment to this License, unless sooner revoked by the City Council as
permitted by the Wheat Ridge Home Rule Charter. City shall have the right to terminate
this License upon 30 days' notice to Licensee with or without cause City may terminate
this License at any time without notice should Licensee violate or breach any of the
terms or conditions hereof
7. Severability; Enforceability; Validity
If any term, covenant, condition or provision of this License or the application
thereof to any person or circumstance shall, at any time or to any extent, be invalid or
unenforceable, the remainder of this License or the application for such term or
provision to persons or circumstances other than those to which it is held invalid or
unenforceable shall be valid and enforced to the fullest extent provided by law
Licensee agrees that if and to the extent this License conflicts with the City's obligation
to hold the City Property in trust for the public, this License shall be declared invalid.
8. Binding Effect
This License shall be binding upon and inure to the benefit of the Parties hereto
and their respective personal representatives, successors and assigns
GED153027\355731 01
-3-
IN WITNESS WHEREOF, the City and Licensee have executed this instrument
the day and year first above appearing.
THE CITY OF WHEAT RIDGE, COLORADO
ATTEST.
Pamela Anderson, City Clerk
Gretchen Cerveny, Mayor
LICENSEE
doing business as:
Apple Ridge Cafe
By:
Name
Title.
GEDI53027\355731.01
-4-
IN WITNESS WHEREOF. the City and Licensee have executed this instrument
the day and year first above appearing.
THE CITY OF WHEAT RIDGE, COLORADO
ATTEST.
Gretchen Cerveny, Mayor
Pamela Anderson, City Clerk
LICENSEE
doing business as.
Apple Ridge Cafe
By:
Name
Title
GED\53027\355731.01
-4-
STATE OF COLORADO
)
) ss.
County of Jefferson
The foregoing instrument was acknowledged before me this _ day of
, 2004 by Gretchen Cerveny as Mayor and Pamela Anderson as City
Clerk of the City of Wheat Ridge, Colorado
Witness my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO
)
) ss
County of Jefferson
The foregoing instrument was acknowledged before me this _ day of
2004 by as of
, d/b/a Apple Ridge Cafe.
Witness my hand and official seal.
My Commission expires:
Notary Public
GED\530271355731.01
-5-
GED\53027\355731.01
EXHIBIT A
LEGAL DESCRIPTION OF CITY PROPERTY
~. .:..-.... -~_.."-'. ....--...-.
_.A.1~,1,
I......_~"'...c.....,.
FROM-WHEATRIOr- ~~CREATION CENTER
T-437 P 001/002
--."''''''.1 =-"".-1=:'_"'.:..... c-.
-...~I..I::JiIIi.o
OCT-05-l000 14:14
3032311350
F-753
_ 1Uo.-....
Our Ordcl" No. AB699063
LEGAL DESCRIPTION
PARCEL A:
TIm WEST 112 OF nm WEST 1/2 OF nm NMTHWEST 1/4 OP THE NOR1liWEST 114 OF
SECT10N 21. TOWNSHIP 3 SOUl'll. JANGS 69 WEST OF nm 6TH JltUNCJPAL MERIDIAN.
EXCEPT rn~ NORm 30 fEET THEPOOf.
AND EXCEPT THE WB5T 30 FEET THEREOF.
AND EXCEPT THAT PUT DBBDED TO SOCONY MOBIL OIL COMPANY. INC.. A NEW YOU:
COlU'OUnoN IN tNS'tllUMBNTUCOlDBD SEPTf!M8ER 25.1964 IN BOOK 1748 AT PAQE767.
DESCRIBED AS FOu.oWS:
BEGINNING AT THE JlOll'IT 01' IN''I'mtS5C'l10N Wl1lI THE soum ~ OF WEST 3rnt A VBNUE
wrm 'mE EAST UNa OF ICIPUNG STREET WlUa! POINT IS 30 FEET soum AND 30 FEET
EASr OF THE NORTHWEST 00RHIlll OF' 1'Im NOI.THWEST 114 OF SAJD SECllON 27;
THENCE scum AND PARA] J PI TO THE WESl' UNE OF SAID NOllTHWBST 114 AND ALONO nIB
EAST UNJi OF KI.PLING STRB5T. ISO ~
THl!NCB EASl' AND pAltAlJ.EL TO TIm NOllTH UNE Of SAID NomtWEST 1/4. ISO
PEEI';
THENCB NOm! AND PAR...' ''" TO THE WEST UNE Of SAID NOaTHWllSr 114. ISO FEST TO A
POINT 30 FEET SOUTH Of THB NORTH LINE OF SAID NOllTHWllST 114;
THENCE WP.ST ALONG THS SOUTH UNE OF WBSJ'3I"m AVENUE TO nm POINT OF BEGIN1'IING.
AND BXCEPT THAT PUT CONVEYED TO THE DEPARTMENT Of HlGHWAYS. ST....TE OF COLOaADO
BY INsnUMENT 1tECORDBD JUNB 24. 1969 IN BOOK 2113 AT PAGS S, OVBl THE FOLLOWING
DBSCRmED PUCEL:
BEGINNlNG AT A POINT ON THE SOtmi LINE OF THE NOlltllWBST 114 OF' THE NORTHWFSl'
1/4 OF SI!Cl10N '1.1. WHICH IS 4S.0 FEET BAST OF mE SOU11iWBST CORNER OF THE
NOIl.1'HWEST 114 OF TIlE NORnIWEST lI4 OF SBCTlON n. toWNSHIP 3 scum. RANGE 69
WEST:
I. THENCE WEST. AlDNG THE scum U1'lE OF nm NOR11JWEST 114 OF THE NOR1lfWEST 114
OF SECTION 27. A DISTANCE OP 1$.0 FE.BT 1'0 me SOUTHWEST PROPERTY CORNEi.;
2. 11iENCE NOlm{, ALONG TIlB WEST PROPERTY UN!. A DISTANCE Of l,1S2.S FUr:
3. THENCE EAST, PAR.AJ.UL wrm 1111$ NORTH UNR OF TIlE NORTHWEST 1/4 OP SEmON 27,
A DISTANCE Of 10.0 FEET;
4. nreNCE sotrm. PARAUEL WITH nm WBST-I'JlOPERTY LINE, A DISTANCE OF 931.2
FEET;
S. THENCE EAST. PARALLEL WITH THE SOUTH UNE OF THE NORTHWESf 1f4 OJ' nre
NORTHWEST 1/4 OF SECTlON 27, A DISTANCE OF 5.0 FBET;
6. 1lIENCf: SOUTH. PARAU.EL wrm nlE WEST PROPERTY UNE. A DlSTANCE O'fl21S.3 FEET.
MORE OR LESS, TO TIlE POiNT OF BEGINNING,
-
..
II
II
II
II
I
I
I
I
I
I
D
I
I
I
I
I
I
I
r,<:.~ '" -.-" ,,:~
....... \..J:,,>, .
.....v.....:"'-....., J'-'~
QCT-05-2000 14:14
'...."----'~ .
FRQW-WHEATRIDGr -"CREATIQN CENTER
3032311350
T-437 P 002/002 F-753
Our Order No. AB699063
LEGAL DESCRlPTlOI
AND EXCBPr THAT PAllT CONVEYED to THE C1TV OF WHEAT RIDGB BY INSI'RUMBNT RECORDED
SEPmMBElf. 29, 1994 AT RECBP110N NO. 94151692 AND INSTRUMENT RECORDED DECBMBBR
I. 1994 AT RECEPnON NO. 04186916. COUNTY OF Jt:M"ljkS()N. STATE OF COLORAOO.
PARCEL 8:
TIlACT A. WESTHA YEN. EXCEPT llIA T PAltT CONVBYBD TO mE CITY 011 WHEAT RIDGE BY
INSTRUMENT RECORDED SEPI1D4BSR 29. 1994 AT 1t.ECUT10N NO. 94151692 AND INSnlUMBNT
RECORDED DBCBMBIlll1. 1994 AT IJ3CEPTION NO. 94186976. COUNTY OF J~t!KSON. STATE
OF COLORADO.
J
GED\53027\355731.01
EXHIBIT B
VICINITY MAP SHOWING LICENSED AREA
[Attached]
RO~~:. ~9\:>~ .."':N_ ~I~~~
8
~
ti
t ft
t ~
i1
~
..
~
~
g:
:;
~
~
~
~
!
Ii
~
h'''j....,..._".
.,.~...~.;~:.~~~:.'::~;:~..;..:.:::.":::.......:....'!..'::::.~.::..'::,"''':':':':.
OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
_ ZONE DISTRICT BOl-"lDRf
- P^RCELlLOT 6OU'IDR'f
<DESI0NATES OWNERSHIP)
""'~= CIT'f LIMIT LINE
_ __ _ ~TER FEATURE
. DENOTES t-U... TIPLE mDRESSES
l'-1^P NlOPTED- Jun~ 15. 1994
Lost Rolli"",,: .January ct, 1CJ'?5
DEl'Nrn1:liT OF ~ NoD ~ - 137-1952
J \.
I'.\..
,
J795 J7QO
37M
:il
l::
~
. ~ 32.2.
S24C .
NlAl 27
----------
""'""
C'Il)1CIO ~ ~.tOO
L..- .
SG^LE r~-400
EXHIBIT C
CERTIFICATES OF INSURANCE
GED\53027\355731.01
83/26/2884 87:08
MY' -f,-, fS AfL.1J
3837986445
:5.3~ -LSY' J 7-<T
F
PAGE 01
Commercial Certificate of Insurance A FARM E RS
, r:y St. Pierre Agency
Name 5819 S. Broadway 15>1Ie Date (MM/DDIYY) 103/25/2004 I
8, Littleton, Co. ROI2I
Addre$S This cr.rrificate is jss'lerl as a mmrr of information only ancl confm no rights
upon ,h.. certil'icare holder. !hI' c..,jjfieate flol'.'I nul amend. ext~nd or alrer the
St 07 Di~t. 47 "'gent 313 coverage aITorrlerl hy lhe policle.s ,howp helow.
Compani~ Providing (ovetage.:
Irlwrffi Compllny A Truclc.ln$llr:\f\f:C ExchH1'~
. rood Systems, Inc ll!ttc!f
N;ome . DBA Apple Ridgc C.~fe Compony B Famle'" Tnsuram:.e Exchange
h:ttr.r
&. . 37RO Kipling Con'pony C Mid..Ceni\lry Tnsufil1lce Company
Address . VVhcatndge, Co. ROO33 tentr . .
Comprmy 0
teneT
Coverages
Ths is lO cen:lry that the valir.ie_, of insurance li'led bolow have hff.n i:;lUed to the In"lTed nalDer! .hove for lhe policy period Indicated. N otwith.'tanding
- any tequirement. l..rm or condit,inn of any cuntnrr or other dol"l)1l1em with re5p"ct to which this centhcale may be i.,,,,ed or lO~y r~ruin. the in.,urance
.ffnrded by the pollcir., described herr.ln i\ subjecl to .11 the terms, orr.\u,lom and condit;,,", nf ,uch pollcir.,. limits shown may have hem reductd by
paid claim,.
Cu. TYJ>9: of Tn.urarn:t Policy N\lmh~r pnllg Efftcti~ Policy Expil1\lioo Polity Limi1:l
Ltc. Datr. (MMIDDIYYI D.t. (MMIDDIY'V)
A K GeI1ef~1 Liability General ARsregate $ 2,000,000
K Commerci~1 e.nr.rat 12-20-2003 12-20-2004 Proollf.h-Com)lIOPS
045964754 Agsregale $ 2,OOO,lJOO
1I.bility Pe"on.i &
1C - OWIrff.nr... Version Advertisiog Injury $ l,OOO,OOO
Conlrn"u.l . lncident.i EKeh OuurTence .\ 1,000,000
Only rho. Dom.~
- (Any O11e fire) .\ lOO,OOO
Owoen & Cnnlrar.!oT'l ProL M ...-Ileal Expense
(Anyone J't'non) .\ 5000
A Automobile Liability Combined Sinp,l..
All Owned Commercial Limit $ 1,000,000
AUlO' Bodily ln~ury
Scherlulr.rl Alita" ! (1'" ptoon .\
IC Hired Auto, Bodily Injury
Non-Ownell Allto' I (P'J actldrnt) $
IC
G>rag" Liahility I Prnp..rty D'lTll\ge .\
, Gmge Aggrep,.tr : $
i~-'-
Umbrella Liability Limit $
Workers' Compensation Statutory
and Each AccidtlrJl .\
Employers Liability Disease ~ I11~h r,ml'l'o'y~e $
Disease PolitJ Limit $
Description nf OperatiulIs/Vehiclr.slRe.'ilrictions/Speci.1 ir,em~:
! Certificate holder is an additional in.ured
-
Certificate Holder Cancellation
. City l)f Wbc!ltridge Shll1J\r1 any of lh~ above descrlhtr] policle, be cancelled heror. the expiration dote
N.....~1Ie Attn. Barb thereof. tl~ iss,,;og company will endeavor to m.;1 30 d.y' written notice to th..
. 7500 W 29tl1 Ave c"fl/ficalr. hnlder named to the left. hill railur." to mail such nnrk. .,hall impose no
AClares.s . VVheatridgc.Co.80033 oblil;"l'illo llr li.ability of any kind up"n the tomp.ny, ill< 'gmt, ur "pmrm>tlv....
Ed St Pierre ~~
AlltllOr!7ed Repr...ntative
~fi_2C9l 1I.91
Copy Distribution: Service Center Copy and Agent's Copy
14_01
~I
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
April 26, 2004
TITLE:
COUNCIL BILL NO. 07-2004: AN ORDINANCE AMENDING
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND
USES (CASE NO. ZOA-04-01)
[8J PUBLIC HEARING
o BIDSfMOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date' April 12, 2004)
[8J ORDINANCES FOR 2ND READING
Quast-JudIcial.
o
Yes
~
No
~~
CIty~~r~
Commumty Development DIrector
EXECUTIVE SUMMARY:
Section 26-204 is the Commercial and Industrial land use table in the zonmg and development
code. The table designates which uses are permitted, whIch uses are special uses and whIch uses
are not allowed m the NC, RC, C-I, C-2 and I zone dIstncts withm the city
The eXIstmg land use table was adopted when Chapter 26 was repealed and reenacted m February
2001
The followmg IS a SynOpSIS ofthe proposed modificatIOns.
~ Banks, loan and finance offices have been changed from permttted uses to speCIal uses.
\.i~~~V Newsstands were removed from the category of bookstores, newsstands, stationery and
r) ) card stores as they are listed separately as a permItted use
3. NonreSIdential counselmg chmcs and offices were changed from permItted uses to speCial
uses.
"4-... Medical and dental clmics and laboratones were changed from permitted uses to speCIal
uses.
5. Paint and wallpaper stores were removed as speCIal uses in the NC zone dIstnct.
6. TaIlonng, dressmaking and clothlllg alteration buslllesses were changed from not permitted
to permItted uses. This modIfication also amends thts use claSSIficatIOn III the RC zone
district from not permitted to permitted uses.
Plannmg CommiSSIOn reviewed this case at public heanngs held on November 6, 2003 and
February 19, 2004. A recommendatIon of approval was given.
BOARD/COMMISSION RECOMMENDATION:
Planmng Commission reViewed this request at a publIc heanng held on November 6,2003. At
that meetmg the CommiSSIOn made specific recommendatIOns, which were incorporated into the
land use table. An additional public heanng was held regardmg this case on February 19, 2004
where a recommendatIon of approval was made for the following reasons:
1. It alleViates redundancy relatIve to newsstands.
2. It modifies the classification of high traffic generating uses such as banks and
medtcal offices from permitted uses to special uses.
3 Less ImpactIve uses such tailonng and dressmaking have been added as permitted
uses.
There were no condttIons attached to the approval recommendatIon.
STATEMENT OF THE ISSUES:
The mtent and purpose of the Neighborhood Commercial zone distnct is "to provide a reasonably
compatible transitIOn between reSidential and more mtensive commercial land uses. It provides
for reSidentIal scale, nelghborhood-onented professional offices and services which, by their
nature and through deSign limitations, will promote neighborhood stability and protect
neighborhood values and character".
As staff was prepanng the lIst for the NC zone dlstnct, Issues considered were appropnateness for
busmesses servmg a neighborhood and potential impacts to nearly reSidences.
AL TERNA TlVES CONSIDERED:
None.
FINANCIAL IMPACT:
None.
RECOMMENDED MOTION:
"} move to approve CounCil Bill. No 07-2004, Case No. ZOA-04-01, an ordmance amending
Chapter 26 of the Wheat Ridge Code of Laws pertaining to commercial and industnalland uses,
on second reading, and that It take effect 15 days after final publication."
2
Or,
"} move to table mdefinitely Council Bill No. 07-2004, Case No ZOA-04-01, an ordinance
amendmg Chapter 26 of the Wheat Ridge Code of Laws pertaimng to commercial and industnal
land uses."
Report Prepared by- Meredtth Reckert, 303-235-2848
Reviewed by: Alan White
Attachments:
1. February 19, 2004, Planning CommissIOn report
2. Council Bill No. 07-2004
zoa040 1 CouncilAct 1 streading
3
City of Wheat Ridge
Planning and Development Department
Memorandum
FROM:
Planmng CommIssion
!~eredith Reckert
TO:
SUBJECT:
Case No. ZOA-04-01INeighborhood CommerCIal Uses
DATE:
February 12,2004
ThIS Case IS:
_ Quast-Judicial
X Legislative
Proper noltce was gtven for thiS public heanng.
Background
Attached are revtSlOns to the commerCIal and mdustnal use chart relative to the NC,
NeIghborhood CommerCial zone dtstnct.
On November 6, 2003, Staff discussed proposed changes to the commerCial use chart wtth
Plannmg CommISSIOn m regard to NC uses. Attached are copies ofrnmutes from November 6,
2003 The proposed changes have been mcorporated mto the chart as recommended by Planmng
CODUTIlSSlOn.
Changes proposed for the CommIssIon's consIderatIOn are shown in bold. DeletIOns are shown
m strikethrough.
Summary of Ordinance Changes
The eXlstmg use chart has been amended as follows.
1. Banks, loan and finance offices have been changed from penmtted uses to special uses.
2. Newsstands were removed from the category of bookstores, newsstands, stationery and
card stores as they are listed separately as a permitted use.
3 Nonresidenltal counseling chmcs and offices were changed from permitted uses to special
uses.
1
ATTACHMENT 1
4 Medical and dental clinics and laboratones were changed from pennitted uses to specIal
uses.
5 Paint and wallpaper stores were removed as speCIal uses m the NC zone dlstnct.
6. Tailoring, dressmaking and clothing alteration businesses were changed from not
permitted to permitted uses. This modIfication also amends this use classlficatlOn in the
RC zone district from not permItted to permitted uses.
Staff Comments
The mtent and purpose of the Neighborhood Commercial zone distnct is "to provide a
reasonably compatible transitlOn between residential and more intensive commercIal land uses.
It provides for residential scale, neighborhood-oriented professional offices and servIces whIch,
by theIr nature and through design limItations, will promote neighborhood stabihty and protect
neIghborhood values and character".
As staff was prepanng the list for the NC zone district, Issues considered were appropnateness
for businesses serving a neIghborhood and potentlal impacts to nearly residences.
Recommended Motion
"I move that Case No ZOA-04-01, a proposed amendment to Chapter 26 ofthe
Wheat Ridge Code of Laws regardmg the commeTCIal and mdustnal zone dIstnct use schedule,
be forwarded to City Council with a recommendatlOn of APPROVAL for the followmg reasons:
1 It alleVIates a redundancy relatIve to newsstands.
2 It modIfies the classificatIOn of hIgh traffic generatmg uses such as banks and
medIcal offices from permItted uses to specIal uses.
3 Less ImpactIve uses such as taIlonng and dressmakmg have been added as
permitted uses."
ExhibIts
I Commercial and lndustnal zone dIstnct use schedule WIth amendments
2. Mmutes ofPlanmng CommIssIon meetmg dated 11/06/03
2
Sec. 26-204. Zone district use schedule.
Table of Uses-Commercial and Industrial Districts
Uses Notes NC RC C-l C-2
IAdutt entertainment In accordance with P P P
!establishments Wheat Ridge Code
of Laws, Chapter 3
IAmbulance services P P P P
fA,musement par\<.s S P P
f6.nimal veterinary With outside runs; P P
hospitals and clinics no cremation
fIInimai veterinary Where there are S P P P P
hospitals or clinics no outside pens or
runs for dogs; no
~emation
f6.ntiQue stores InNC&RC S P P P P
Districts: Provided
hat no more than
200 square feet of
building area shall
be allocated to
repair
iApparel and See Footnote 1 S P P P P
accessory stores
IAppliance stores and P p P
incidental service and
repair
Art galleries or See Footnote 1 P P P P P
studios
Assembly halls and P P P
convention facililies
Auction houses S p P
Auto service, repair See 9 26-631 P P p
and maintenance
shops, minor
Auto service, repair See 9 26-631 S p P
and maintenance
shops, major
Automobile and lighl- See 9 26-628 S S S
duty truck sales and
rental
Automotive parts and p p p
supplies sales
Bakeries. retail See Footnote 1 S P P P p
See 9 ~3 ~ P P p P
Bed and breakfast Subject to p P P P P
homes requirements set
orth in 9 26-608.
Bicycle stores See Footnote 1 S P P p P
Blueprinting. EXCLUOING: S P P P P
photostatic copying Large printing,
and other similar !Publishing and/or ~
reproduction services book binding -
!establishments
EXHIBIT 1
Uses Notes NC RC C-t C-2 I
See Footnote 1
Boat, recreational See 9 26-628 S S fS
vehide and trailer
sales, rentals and
service
Body art S S S
~ See Footnote 1 S P P P P
Building contractor's See 9 26-629 S P P
service shop and
storage yard
incidental to an
offICe/showroom
principal use.
Business machine or See Footnote 1 S P P P P
computer stores
Butcher shops and EXCLUDING. p P P
ODd lockers Food processing
Cabinet and S
woodworking shops
Camera and See Footnote 1 S P P P P
photographic service
and supply stores
Candy, nut and See Footnote 1 S P P P P
confectionery stores
Caretaker residence Only one (1) unit P P P P
or caretaker or
manager
Carpet deaning and S
umigating
Carting, express, S
hauling or storage
yard
Car wash, automatic S p P
Car wash, coin S p P
Ioperated
Caterers p p p
Day care center, p p p
large
Day care center, p p p
small
'* C.l. C-2& I R"$ p p p
P
INCLUDE.
Residential
.~"""_., acilities.
..
NC&RC
EXCLUDES.
Residential
"acilities
ALL districts
INCLUDE:
Counseling and
tlor
subs1ance abuse
and alcoholism
2
Uses Noles NC RC C-1 C-2
Cold storage plant p p
Commercial machine S p p
shops
Community buildings Ie.g.. YMCA's, P P P P P
YWCA's,
!churches, libraries,
par1c.s, museums,
aquariums and art
galleries.
Construction and See~26-629 p IP
heavy equipment
sales, service, rental
and storage
Contractor's plant or S
storage yard
Dairy products stores See Footnote 1 S P P P IP
Day care cenler and p p p
preschools, large
Day care center and p p p
preschools, small
Department or variety p p p
stores
Drug stores p p p
Eating S S S S S
!establishments, drive
throuQh
Eating S P P P P
establishments, sit
!down
Electric transmission S S S S S
and publiC utility
substations
Electrical motors and S
annature regrinding
shops
Electrical supplies EXCLUDING: p p p
and service Contractors
storage yards
Equipment rental Subject to ~ 26- P P P P
agencies 028; in RC District:
Outside storage
and display
prohibited
Extenninators P p P P
Farm equipment See ~ 26-628 P P
sates, service and
storage
Floral shops See Footnole 1 S P P p P
Furniture stOles p IP P
Garden suPlllv stores See Footnote 1 S P P IP P
Gift. novelty or See Footnole 1 S P P IP p
souvenir stores
- .
3
..
Uses Notes NC RC C-t C-2 I
Golf courses INCLUDES. P P P
Private clubs,
restaurants and
lounges, driving
ranges, and those
uses commonly
accepted as
accessory thereto
when located on
he same premises
Governmental and No outside stOfage P P P P P
quasiijOvemmentat
buildings and offices,
'ire stations or public
utility buildings
Governmental and Outside Storage S S S p P
quasiijOvemmental
buildings and offices,
fire stations or public
utility buildings
Greenhouses and See ~ 26-624 S S p p p
landscape nurseries,
retail
Greenhouses and See ~ 26-624 S P P
landscape nurseries.
wholesale
Grocery or See Footnote 1 P P P P P
convenience stores,
no gas pumps
Grocery stores which See Footnote 1 S S S P P
may include no more
than 1 gasoline
service island with no
more than 2
dispensing pumps
Hair, nail and P P P P P
ccsmetic services
Hardware stores See Footnote 1 S P P P P
Hobby and craft See Footnote 1 S P P P P
stores
Home furnishing P p P
stores
Home improvements P P P
supply stores
Hotels or motels for There shall be S S S
transient occupancy 1,000 square teel
ot gross lot area
or each unit
Ice plants P P
Indoor amusement e.g.. Roller rinks, P P P
and recreational bowling alleys.
enterprises arcades and
similar uses
Indoor flea markets PROHIBITED: P P P
Outdoor flea
markets
Interior decocatiog S P P P P
shops
Itinerant sales See ~ 26-630 S S S
4
Uses Notes NC RC C-l C-2 I
Jewelry stores See Footnote 1 S P P P P
Kennels S
Laundry and dry S S P P P
deaning shops
Laundry and dry P P P P P
cleaning pick up
stations
Leather goods and P P P
luggage stores
linen supply P P P
liquor stores P P P
Locksmith shops P P P P P
Lumber yards and Unenclosed iP P P
building supply stores storage of any
materials shall be
screened from
view from adjacent
properties and
streets
Manufacture of PROVIDED: An S
vaccines, serums and antidote exists and
oxins is readily available
for such vaccine,
serums or toxins;
and approval of
such manufacture
is received from
he state
department of
health and the
county health
department
Manufacturing, See 9 26-505; 9 P P
processing, 26-031 and 9 26-
assembly, or light 123, definitions
industrial operations
Manufacturing, S
abrication and/or
processing of
concrete products
Meat, poultry or See Footnote 1 S P P P P
seafood stores
Phannacies and f$ P P P P
optical stores are
accessory use
Mini-warehouses for P P
inside storage
Mobile or modular See 9 26-028 ~ S
homes or building
sales
Mortuaries and S S S
crematories
Motor fueling stations S P P
Motorcyde saes and See 9 26-028 P P P
service - .
Music stores See Footnote 1 S P P P P
5
Uses Notes NC RC C-l C-2 I
Newsstands For the sale of P P P P P
newspapers,
magazines, elc.
Office supply stores See Footnote 1 S P P P P
Offices: General p P P P P
administrative,
business and
professional offices
Optical stores See Foolnote 1 S P P P P
Outdoor amusement S P P
~
See Footnote 1 $ P P P P
Parking of ~ P P
automobiles of
clients, patients and
patrons of occupants
IJf adjacent
commercial districts
Parking of not more See 9 26~19; 9 S s S
than 3 commercial 26-123, definitions
ruck-tractors andlm
semi-trailers
When in
confonnance with
the parking design
standards set forth
in 9 26-501
It is not intended
that such parking
limitations shall
apply to pickup
and delivery trucks
normally
associated with
business
operations
Pawn shops S
Pet stores See Footnote 1 S P P P P
Pharmacies S P P P P
Picture framing shops See Footnote 1 S P P P P
Plumbing and heating EXCLUDING P P P
supply stmes and Outdoor storage
shops yards
Printing, engraving S
and other related
production processes
Private clubs, social P P P
clubs, bingo parlors
and similar uses
Psychic advisors and S S S P
similar uses
Research P P
laboratories, offices
and other faci~ties for - .
research
6
Uses Notes NC RC C-t C-2 /
Residential group P P P p P
and nursing homes
and congregate care
acilities for 6 to 8
elderly persons
Residential group S S S
and nursing homes
and congregate care
acilities for g or more
e1del1y persons
Residential group S S S
home for ch~dren
Residential uses in Such residential P P P p P
xistence 011 3/11/97 luses may be
extended,
!enlarged, and/or
reconstructed so
long as no
additiooal dwelting
units are created
Residential uses in See ~ 26-626 P P P p P
commercial zones
Rooming and S S p p P
boardinghouses
RV, boat, trailer and See ~ 26-628 P P
ravel trailer stor<l!le
Sales, repair, rental p p
and servicing of any
commodity that the
manufacture,
abrication,
processing Of sale of
which is permitted in
he district
Schools !Of industrial Conducted entirely S S
or business training, within an endosed
induding vocational building
rade Of professional
schools
Schools: public; INCLUDES. Those S S S p P
private colleges and uses commonly
universities accepted as
necessary thereto
!when located on
he same premises
Shoe repair shops P P P P P
Shoe stOfes See Footnote 1 S P P P p
Shops fOf custom See ~ 26-631, ~ P P
!wor1< Of for making 26-632
articles, materials or
icommodities to be
sold at retail on the
!Premises
iSporting goods See Footnote 1 S P P P P
stores
Stone cutting 01 P P
polishing WOlKS - .
7
Uses Notes NC RC C-l C-2 I
Studio lor P P P P p
professional work or
eaching of fine arts,
photography, music,
~rama or dance
~ e p p p P
T avems, night dubs, p p P
lounges, private dubs
and bars
Television, radio, See Footnote 1 S P P P P
small appliance repair
and service shops
Temporary Christmas See !j 26-627 P P P P
tree, produce and
bedding plant sales
lots
Theatres, indoor P p P
Tobacco stores See FoOtnote 1 S P P P P
Toy stores See Footnote 1 S P P P P
Transit station, public S S S
or private
Upholstery shops p P P
Video rentals See Footnote 1 S P P P P
Warehousing and See!j 2~1 p P
outside storage
Warehouse/office Maximum 75% S p P
otal area as
warehouse;
minimum 25% as
total area as office
Watch and jewelry P P P P P
repair shops
Woodworking or See !j 26-632 S p P
carpentry shops for
he making 01 articles
or sale upon the
premises. such as
cabinets or custom
umiture
Footnote.
1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts.
CommelCial and Industrial District AccessOl)' Uses Notes
Electric transmission or other public utility lines and poles, irrigation
!channels, stonn drainage and water supply facilities
Food services Primarily lor the occupants of a building containing a permitted use
when located within !he same building
Residential uses in commercial zones See !j 26-626
Outside storage or display See !j 26-631
Key.
P = Permitted Principal Uses
S = Special Uses
8
r
/
.,...."..,..-
Meredith Reckert commented that most of the present code enforcement regarding signs is
complaint based and she thought enforcement would not be a problem.
Commissioner McMILLIN stated that he felt it was important to address excess window
signage which can cause problems with police enforcement when they are called to an
establishment and are unable to see inside the building before going in.
A vote was taken on the motion which passed 5-0 with Commissioners DAVIS and
McNAMEE absent.
Commissioner McMILLIN requested staff to prepare a report presenting optIOns for the
regulation of lights and lighted signs in regard to illumination spread off the property, intensity
of illumination and white backgrounds. There was a consensus of the CommIssion to make
this duection to staff. Ms. Reckert replied that it would be many months before this could be
researched and prepared.
Commissioner WITT suggested that staff look into regulations concernmg banners that are
affixed to buildings. Some are attached by one corner to the building and extend across
parkmg lots, etc.
B. Neil!hborhood Commercial Uses
ThiS matter was introduced by Meredith Reckert. Plannmg Commission in February, 2003,
requested a review of uses to be allowed in the Neighborhood CommerCial zone dlstnct. There
is very lIttle neighborhood commercial use in the city; however, a vehtcle IS needed to regulate
those uses.
Comnussioner McMILLIN pointed out that newsstands are presently listed in two categories.
(I) bookstores, newsstands, stationery and card stores are a speCial use, (2) newsstands alone
are a penmtted use. He suggested that newsstands be removed from the list for speCial use. He
also believed tailoring, dressmaking or alteration shops should be a permitted use as they have
a low Impact on a neighborhood.
Datry stores and small bakeries were discussed. SuggestIOns were made that dairy stores
should be permitted if under a certain square footage and small bakenes should be a permItted
use
(Vice Chair WEISZ declared a brief recess at 8.30 p.m. The meeting was reconvened at 8'35
p.m.)
It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER
to include banks; medical and dental clinics, including laboratories, and clinics for
nonresidential psychiatric counseling as special uses; include tailoring, dressmaking and
alterations as a permitted use; and paint and wallpaper stores should not be permitted.
The motion passed 5-0 with Commissioners DAVIS and McNAMEE absent.
Planning Commission
November 6. 2003
Page 3
EXHIBIT 2
INTRODUCED BY COUNCIL MEMBER BERRY
Council Bill No. 07-2004
Ordinance No.
Series of 2004
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO COMMERCIAL AND
INDUSTRIAL LAND USES (CASE NO. ZOA-04-01)
WHEREAS, the commercial and industrial land use table specifies permitted and special
uses in the commercial and industrial zone districts in the City of Wheat Ridge,
WHEREAS, redundancies in the table should be eliminated,
WHEREAS, several ofthe uses should be modified to meet the intent of the zone district
categories,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. The Zoning and Development Code is hereby amended by adoption of the
following:
Sec. 26-204. Zone district use schedule.
Table of Uses--Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 I
Adult entertainment In accordance with P P P
establishments Wheat Ridge Code
of Laws, Chapter 3
~mbulance services P P P P
~musement parks S P P
~nimal veterinary With outside runs; P P
hospitals and clinics no cremation
Animal veterinary Where there are S P P P P
hospitals or clinics no outside pens or
runs for dogs; no
cremation
IAntique stores In NC & RC S P P P P
Districts: Provided
hat no more than
200 square feet of
buildino area shall
ATTACHMENT 2
1
be allocated to
repair
Apparel and See Footnote 1 S P P P P
accessory stores
Appliance stores and p p p
incidental service and
repair
"rt galleries or See Footnote 1 P P P P P
studios
"ssembly halls and p p p
convention facililies
Auction houses S P P
~uto service, repair See 9 26-B31 P P P
and maintenance
shops, minor
Auto service, repair See 9 26-B31 S P P
and maintenance
shops, major
Automobile and light- See 9 26-B28 S S S
duty truck sales and
rental
Automotive parts and p p p
supplies sales
Bakeries, retail See Footnote 1 S P P P P
Banks, loan and See 9 26-B33 PS P P P P
4nance offices
Bed and breakfast Subject to P P P P P
homes requirements set
orth in 9 26-B08.
Bicvcle stores See Footnote 1 S P P P P
Blueprinting, EXCLUDING, S P P P P
photostatic copying Large printing,
and other similar publishing and/or
reproduction services book binding
establishments
Uses Notes NC RC C-l C-2 I
See Footnote 1
Boat, recreational See 9 26-B28 S S S
vehicle and trailer
saies, rentals and
service
Body art S S S
establishments
Book stores, See Footnote 1 S P P P P
R8'lIsstands,
stationery and card
stores
Building contracto~s See 9 26-B29 S P P
service shop and
storage yard
incidental to an
office/showroom
principal use.
Business machine or See Footnote 1 S P P P P
computer stores
Butcher shops and EXCLUDING p P P
food lockers Food processing
2
Cabinet and S
r,voodworking shops
Camera and See Footnote 1 S P P P P
photographic service
and supply stores
Candy, nut and See Footnote 1 S P P P P
confectionery stores
Caretaker residence Only one (1) unit P P P P
or caretaker or
man<l!:ler
Carpet cleaning and S
fumigating
Carting, express, S
hauling Of storage
Ivard
Car wash, automatic S P P
Car wash, coin S P P
operated
Caterers P P P
Day care center, P P P
large
Day care center, P P P
small
Clinics and offices fOf C-1,C-2&1 ~ P P P P
the counseling and INCLUDE:
reatment of Residential
psychological, social, facilities.
marital, NC & RC
developmental or EXCLUDES.
similar conditions Residential
acilities
"LL districts
INCLUDE:
Counseling and
treatment for
substance abuse
and alcoholism
Uses Nofes NC RC C-1 C-2 I
Cold storage plant p p
Commercial machine S p P
shops
Community buildings e.g.. YMCA's, P P P P P
YWCA's,
churches, libraries,
parks, museums,
aquariums and art
galleries.
Construction and See 9 26-629 P P
heavy equipment
sales, service, rental
and storage
Contractor's plant or S
storage yard
Dairy products stores See Footnote 1 S P P P P
Day care center and P P P
preschools, large
Day care center and P P P
preschools, small
3
Cabinet and S
woodworking shops
Camera and See Footnote 1 S P P P P
photographic service
and supply stores
Candy, nut and See Footnote 1 S P P P P
confectionery stores
Caretaker residence Only one (1) unit P P P P
"or caretaker or
manager
Carpet cleaning and S
tumiaatina
Carting, express, S
hauling or storage
yard
Car wash, automatic S P P
Car wash, coin S P P
operated
Caterers p P P
Day care center, P P P
large
Day care center, P P P
small
Clinics and offices for C-1,C-2&1 ~ P P P P
the counseling and INCLUDE:
reatment of Residential
psychological, social, acilities.
marital, NC&RC
~velopmental or EXCLUDES.
similar conditions Residential
acilities
ALL districts
INCLUDE:
Counseling and
treatment for
substance abuse
and alcoholism
Uses Notes NC RC C-l C.2 (
Cold storage plant P p
Commercial machine S P P
shops
Community buildings e.g.. YMCA's, P P P P P
YWCA's,
churches, libraries,
parks, museums,
aquariums and art
galleries.
Construction and See S 26-B29 P P
heavy equipment
sales, service, rental
and storaae
Contractor's plant or S
storage yard
Dairy products stores See Footnote 1 S P P P P
Day care center and P P P
preschools, large
Day care center and P p P
preschools, small
3
Department or variety P p P
stores
Drug stores P p P
Eating S S S S S
establishments, drive
throuQh
Eating S P P P P
establishments, sit
down
Electric transmission S S S S S
and public utility
substations
Electrical motors and S
armature regrinding
shops
Electrical supplies EXCLUDING: P P P
and service Contractors
storooe vards
Equipment rental Subject to ~ 26- P P P P
agencies 628; in RC District:
Outside storage
and display
prohibited
Exterminators P P P P
Farm equipment See ~ 26-628 P P
sales, service and
storooe
Floral shops See Footnote 1 S P P P P
Fumiture stores P P P
Garden suPplv stores See Footnote 1 S P P P P
Gift, novelty or See Footnote 1 S P P P P
souvenir stores
Uses Notes NC RC C-1 C-2 I
Golf courses INCLUDES. P P P
Private clubs,
restaurants and
lounges, driving
ranges, and those
uses commonly
accepted as
accessory thereto
when located on
the same premises
Governmental and No outside storage P P P P P
quasi-governmental
buildings and offices,
'Ire stations or public
utility buildings
Governmental and Outside Storage S S S P P
quasi-governmental
buildings and offices,
'ire stations or public
utility buildings
4
Greenhouses and See 9 26-B24 S S p p P
landscape nurseries,
retail
Greenhouses and See 9 26-B24 S P P
landscape nurseries,
wholesale
Grocery or See Footnote 1 P P P P P
convenience stores,
no gas pumps
Grocery stores which See Footnote 1 S S S P P
may include no more
than 1 gasoline
service island with no
more than 2
dispensing pumps
Hair, nail and P P P P P
cosmetic services
Hardware stores See Footnote 1 S P P P P
Hobby and craft See Footnote 1 S P P P P
stores
Home furnishing P P P
stores
Home improvements P P P
supply stores
Hotels or motels for There shall be S S S
transient occupancy 1,000 square feet
of gross lot area
"or each unit
ice plants :> p
Indoor amusement e.g.. Roller rinks, P P P
and recreational bowling alleys,
enterprises arcades and
similar uses
Indoor flea marllets PROHIBITED: P P P
Outdoor flea
markets
Interior decorating S P P P P
shops
Itinerant sales See !l 26-B30 S S S
Uses Nofes NC RC C-1 c..2 f
Jewelry stores See Footnote 1 S P P P P
Kennels S
Laundry and dry S S P P P
cleaning shops
Laundry and dry P P P P P
cleaning pick up
stations
Leather goods and P P P
luggage stores
Unen supply P P P
Liquor stores P P P
Locksmith shops P P P P P
Lumber yards and Unenclosed P P P
building supply stores storage of any
materials shall be
screened from
5
-I
view from adjacent
properties and
streets
Manufacture of PROVIDED: An S
vaccines, serums and antidote exists and
oxins is readily available
or such vaccine,
serums or tox'lns;
and approval of
such manufacture
is received from
the state
department of
health and the
fcounty health
department
Manufacturing, See S 26-505; S P P
processing, 26-631 and S 26-
assembly, or light 123, definitions
industrial operations
Manufacturing, S
abrication and/or
processing of
concrete products
Meat, poultry or See Footnote 1 S P P P P
seafood stores
Medical and dental Pharmacies and PS P P P P
offices, clinics or optical stores are
laboratories accessory use
Mini-warehouses for P P
inside storage
Mobile or modular See S 26-628 S S
homes or building
sales
Mortuaries and S S S
crematories
Motor fueling stations S P P
Motorcycle sales and See S 26-628 P P P
service
Music stores See Footnote 1 S P P P P
Uses Notes NC RC G-1 C-2 I
Newsstands For the sale of P P P P P
newspapers,
magazines, etc.
Office supply stores See Footnote 1 S P P P P
Offices: General p P P P P
administrative,
business and
professional offices
Optical stores See Footnote 1 S P P P P
Outdoor amusement S P P
acilities
Paint and wallpaper See Footnote 1 S P P P P
stores
Parking of P P P
automobiles of
dip.nl~, o~tip.nt~ ~nd
6
patrons of occupants
of adjacent
commercial districts
Parking of not more See ~ 26-B19; ~ S S S
han 3 commercial 26-123, definitions
truck-tractors and/or
semi-traiiers
When in
conformance with
the parking design
standards set forth
in~ 26-501
It is not intended
that such parking
limitations shall
apply to pickup
and delivery trucks
normally
associated with
business
operations
Pawn shops S
Pet stores See Footnote 1 S P P P P
Pharmacies S P P P P
Picture framing shops See Footnote 1 S P P P P
Plumbing and heating EXCLUDING: P P P
supply stores and Outdoor storage
shops yards
Printing, engraving S
and other related
production processes
Private clubs, social P P P
clubs, bingo parlors
and simiiar uses
Psychic advisors and S S S P
simiiar uses
Research P P
laboratories, offices
and other facilities for
research
Uses Notes NC RC G-1 C-2 I
Residentiai group P P P P P
and nursing homes
and congregate care
acilities for 6 to 8
elderly persons
Residential group S S S
and nursing homes
and congregate care
aciliiies for 9 or more
elderly persons
Residential group S S S
home for chiidren
Residential uses in Such residential P P P P P
existence on 3/11/97 uses may be
extended.
7
enlarged, and/or
reconstructed so
loog as no
additional dwelling
units are created
Residential uses in See S 26-626 P P P P P
commercial zones
Rooming and S S p p p
boardinghouses
RV, boat, trailer and See ~ 26-628 P P
travel trailer storage
Sales, repair, rental p p
and servicing of any
commodity that the
manufacture,
abrication,
processing or sale of
Which is permitted in
he district
Schools for industrial Conducted entirely S S
or business training, Iwithin an enclosed
including vocational building
rade or professional
schools
Schools: public; INCLUDES. Those S S S p P
private colleges and uses commonly
universities accepted as
necessary thereto
when located on
the same premises
Shoe repair shops p P P P P
Shoe stores See Footnote 1 S P P P P
Shops for custom See S 26-631,9 p p
work or for making 26-632
articles, materials or
commodities to be
sold at retail on the
premises
Sporting goods See Footnote 1 S P P P P
stores
Stone cutting or p p
polishing works
Uses Notes NC RC G-1 C-2 I
Studio for p p p p p
professional work or
teaching of fine arts,
photography, music,
drama or dance
Tailor, dressmaking p p p p p
or clothing alteration
shops
T avems, night clubs, p P P
lounges, private clubs
and bars
Television, radio, See Footnote 1 S P P P P
small aooliance reoair
8
and service shops
Temporary Christmas See ~ 26~27 P P P P
tree, produce and
bedding plant sales
lots
Theatres, indoor p P P
Tobacco stores See Footnote 1 S P P P P
Toy stores See Footnote 1 S P P P P
Transit station, public S S S
kJrprivate
Upholstery shops p P P
Video rentals See Footnote 1 S P P P P
Warehousing and See ~ 26~31 P P
outside storage
Warehouse/office Maximum 75% S P P
total area as
warehouse;
minimum 25% as
total area as office
Watch and jewelry p P P P P
repair shops
Woodworking or See 9 26~32 S P P
carpentry shops for
he making of articles
or sale upon the
premises, such as
cabinets or custom
urniture
Footnote.
1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC
Districts.
Commercial and Industrial District Accessory Uses Notes
Electric transmission or other public utility lines and poles, irrigation
channels, storm drain<l!le and water suoplv facilities
Food services Primarily for the occupants of a building containing a permitted use
when located within the same buildinQ
Residential uses in commercial zones See !l 26~26
Outside storage or displav See 9 26-B31
Key'
P = Permitted Principal Uses
S = Special Uses
Section 2. Safety Clause. The City of Wheat Ridge hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of Wheat
Ridge, that it is promulgated for the health, safety, and welfare of the public and that this
ordinance is necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the ordinance bears a rations
relation to the proper legislative object sought to be attained.
9
Section 3. Severability. Ifany clause, sentence, paragraph, or part of this Zoning
code or the application thereof to any person or circumstances shall for any reason be adjusted by
a court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 4. Supersession Clause. If any provision, requirements or standard
established by this ordinance is found to conflict with similar provisions, requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoption of this ordinance, the provisions, requirements and standards
here shall supersede and prevail.
Section 5. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o in this 12th day of April ,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 April 26 ,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 Y. Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
--
. I
10
1ST bl' .
pu lcatlOn:
2nd publicatIOn:
Wheat Ridge Transcript
Effective Date:
April 15, 2004
11
ITEM NO:
3,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: APRIL 26, 2004
TITLE:
A REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN
AND FINAL PLAT ON PROPERTY LOCATED AT 5130 PARFET
STREET (WZ-03-08 & MS-02-07/HOSS)
~ PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING
o ORDINANCES FOR 2ND READING
QuaSt-JudICIal.
~
Yes
o
No
(~~
Cit~ )~
Community Development DIrector
EXECUTIVE SUMMARY:
Dave Hoss, of Hoss Electnc, IS requesting approval of a Final Development Plan and a Final Plat
for the property located at 5130 Parlet Street. The property is currently zoned Planned Industrial
Development (PID) and Agriculture One (A-I) The Final Development Plan will establish specific
areas of development for an allowed use, and the Final Plat will subdivide the property into 3 lots.
An Outline Development Plan was approved by City Council in May of 2003. The ODP rezoned
Lots I and 2 from Agnculture One to Planned Industrial Development. This ODP set all of the
allowed uses and development standards for the property. With the exception of a rear setback for
one of the existmg garages, all of the development standards as established on the Outline
Development Plan have been met. The Final Development Plan only addresses two of the three lots.
The south em most lot (Lot 3) will remain zoned A-I, and will be used as a detention area for Lots I
and 2.
The applicant wishes to construct a 7,386 square foot building on Lot 2 and eventually move his
electrical contractor shop into it. His business is currently operating on Lot 1. An electrical
contractor shop tS an allowed use as established by the Outline Development Plan.
Planning Commission heard both cases on April 1,2004 and recommended approval with one
condition.
COMMISSIONIBOARD RECOMMENDATION:
Planning CommIssion heard both requests on April I, 2004 and recommended approval of the Final
Development Plan for the following reasons:
1. The requirements ofthe City's Planned Development Regulations have been met.
2. With the exception of the existing garage on Lot 1, the Final Development Plan
meets the development standards set forth in the approved Outline Development Plan
for the site.
With the following condition:
1. A note should be added to the Final Development Plan that reads: "Any
redevelopment of Lot 1 will require an amendment to the Final Development
Plan. The existing accessory structures located on Lot 1 may remam in their
current locations until redevelopment."
This note has been added to the Final Development Plan.
Planning Commission also recommended approval of the Final Plat for the following reasons:
1. All requirements of the City's Subdivision Regulations have been met.
2. All reqUIred utility easements are being provided.
3 Adequate infrastructure will be constructed with the development to serve the
proposed use.
No one was present at this public hearing to speak to either request.
STATEMENT OF THE ISSUES:
Lot 1 contains several existing structures that the applicants wish to utilize in the interim. The one
outstanding issue relates to one of the accessory structures on Lot 1. An existing accessory garage
does not meet the required rear yard setback as established on the Outline Development Plan. The
ODP specifies that the rear yard setback should be a minimum of 10 feet, plus an additional ten feet
for every story thereafter. The existing garage is located approximately 3 feet from the rear property
line. The condition of approval by Planning Commission was related to the existing accessory
structure. A note has been added to the FDP that addresses this structure.
Lot 2 will eventually be developed with a new building to house the Hoss Electric business. Lot 1
could then be redeveloped. If Lot 1 were to be redeveloped, a new FDP would need to be approved
by City Council.
ALTERNATIVES CONSIDERED:
None.
FINANCIAL IMP ACT:
None.
RECOMMENDED MOTIONS:
Each request will require a separate motion.
Case No. WZ~03-08
"I move to approve case number WZ-03-08, a request for a Final Development Plan for property
located at 5130 Parfet Street for the following reasons:
1. The requirements of the City's Planned Development Regulations have been
met.
2. With the exception of the existing garage on Lot 1, the Final Development
Plan meets the development standards set forth in the approved Outline
Development Plan for the site."
OR
"I move to deny case number WZ-03-08, a request for a Final Development Plan for property
located at 5130 Parfet Street for the following reasons:
1.
"
Case No. MS-02-07
"I move to approve case number MS-02-07, a request for a Final Plat for property located at 5130
Parfet Street for the following reasons:
1. All requirements of the City's Subdivision Regulations have been met.
2. All required utility easements are being provided.
3. Adequate infrastructure will be constructed with the development to serve the
proposed use."
OR
"I move to deny case number MS-02-07, a request for a Final Plat for property located at 5130
Parfet Street for the following reasons:
1.
"
Report Prepared by: Travis Crane, 303.235.2849
Reviewed by: Alan White
Attachments;
1 Planning Commission staff report (with exhibits)
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO' Planning Commission CASE MANAGER. Travis Crane
CASE NO. & NAME. WZ-03-08 & MS-02-07/Hoss DATE OF MEETING 1 April 2004
ACTION REQUESTED' Request for approval of a Final Development Plan and Final Plat
LOCATION OF REQUEST 5130 Parfet St.
APPLICANT (S).
David Ross
5130 Parfet St.
Wheat Ridge, CO 80033
OWNER (S): Same
APPROXIMATE AREA.
151,726 sq. ft. (3 42 ac.)
PRESENT ZONING Planned Industnal Development (PID)
COMPREHENSIVE PLAN. Agriculture/Estate Residential (AER)
ENTER INTO RECORD:
(X) ZONING ORDINANCE
(X) SUBDIVISION REGULATIONS
(X)
(X)
DIGITAL PRESENTATION
CASE FILE & PACKET MATERIALS
Site
v
Location Map
PID
PIO
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A-1
50TH s::J CJ~
.
~
PIO
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All notIficatIOn and posting reqUIrements have been met; therefore, there is Jurisdiction to hear
thIS case.
Planning Commission
WZ-03-08 & MS-02-07/Hoss
ATTACHMENT 1
I. CASE ANALYSIS
The applicant is requestmg approval of a Final Development Plan and Final Plat for property
located at 5130 Partet Street. The Final Plat would subdtvide the property into three lots. The
Final Development Plan addresses development of two of the three lots.
The property is approximately 151,726 square feet m size, and was rezoned to Planned
Industrial Development (PID) in May of 2003. The Outline Development Plan (ODP) rezoned
Lots 1 and 2 to Planned Industrial Development, Lot 3 remained Agnculture One (Exhibit I,
Outline Development Plan) The approved Outline Development Plan established allowable
uses and development standards for Lots 1 and 2. The applicant runs a small electrical
contractor's company from the property
There IS an existing house that is used as the office for the company. A small fenced storage
area is located behmd the house Two small accessory buildings are also located on Lot 1. Lot
2 is currently vacant. The ODP specifies that an electrical contractor's shop is an allowed use.
The property as a whole has a fairly irregular shape, and there is a grade change from north to
south on Lot 2.
II. FINAL PLAT
This applicant is requesting approval of a three-lot subdivision plat (Exhibit 2, Final Plat) Lot
liS located directly adjacent to Parlet Street, and contains the existmg structures. Lot I would
be approximately 38,082 square feet in size. Lot 2 is located to the south and east of Lot I, and
would be approximately 59,551 square feet in size. Lot 3 is directly south of Lot 2, and has
frontage on West 50th A venue. Lot 3 would be approxtmately 48,385 square feet in size. There
is no minimum lot size speCified on the ODP, however, each of these lot sizes are consistent
with the lot sizes specified on the ODP
The Code of Laws specifies that Article IV should be utilized when reviewing a subdi vision
plat. While there is not a set of criteria to review, as there is with a rezoning application, the
plat must meet all technical specifications in respect to form and content as defined in Article
IV
Easements
Typical easements have been established around the perimeter of the property, as defined in
Article IV Cross access easements have been established to allow travel between Lots I and 2.
The Valley Water District requested that a small easement be established on Lot 2 for the
purposes of locating additional service equipment. A detention easement has been established
on Lot 3 to contam the detention pond. An existing Clear Creek Water and Sanitation easement
will remain on Lot 2 and 3.
Ditch Companies
There are two existing ditches that cross the southern portion of the property, the Wadsworth
Ditch and the Swadley Ditch. Each ditch lies within an easement. Each respective ditch
company has reviewed and approved the plat; more specifically the establishment of drainage
easements that will contain the irrigation ditches.
Planning Commission
WZ~03~08&MS 02~07/Hoss
2
Referral Comments
Each request was referred to affected agencies, such as the Water, Sanitation and Fire distncts
for review and comment. This request was also sent to each Ditch Company. Valley Water is
requesting a small easement on Lot 2. Thts easement is shown on the plat. All other responding
districts indicated that they are able to serve the property. The Public Works Department has
reviewed and approved the final drainage report. The Arvada Fire District will require a fire
hydrant to be installed on Lot 2, and a minimum drive aisle of 24 feet.
Right-of-Way Dedtcation
The Public Works Department is requesting a 25-foot right-of-way dedication on the south end
of Lot 3 adjacent to West 50th A venue and Oak Street. The purpose for this right-of-way
dedication is 10 reserve one-half of the right-of-way width in the event that West 50th A venue tS
ever connected to Parlet Street.
III. FINAL DEVELOPMENT PLAN
A Final Development Plan (FDP) is specific to an allowed use (Exhibit 3, Final Development
Plan). Areas of parkmg, landscapmg and drive aisles are detailed. The proposed buildmg is
also detailed in respect to location and elevations. Where the Outline Development Plan was
general in nature, the Final Development Plan is much more exact. The intent of the Final
Development Plan is to meet all standards as shown on the Outline Development Plan.
This Final Development Plan addresses two of the three lots. When the ODP was approved in
2003, the southern one third of the property (Lot 3) remained Agriculture One zoning. Lot 3 is
shown on the FDP for illustrative purposes only
Use
The ODP specifies a wide variety of commercial and industrial uses. One of these listed uses is
an electncal contractor's plant or storage yard. The applicant wishes to utilize the existing
building on Lot 1 as an electrical contractor's shop, and eventually construct a two-story
building on Lot 2. The existing business would then move to the building on Lot 2. If a new
business were to move into the existing building on Lot 1, the use would have to be consistent
with the approved set of uses as detailed on the ODP. There is a small storage area that will be
located behind Lot 1. This storage area will be screened with a six-foot fence.
The subject of accessory buildings is not addressed on the ODP, therefore it can be ascertained
thai accessory buildings are not allowed. However, since the applicant wishes to utilize the
existing main and accessory buildings until completion of development of Lot 2, the accessory
eXisting accessory buildings should be allowed to remain with this FDP. Redevelopment of Lot
1 will require an amendment to the FDP
Building Size
The existing buildings on Lot 1 total 2,814 square feet in size The FDP details a proposed
building footprint of 7,386 square feet on Lot 2. The ODP specified that Lot 1 and Lot 2 may
each have a maximum of 15,000 square feet of buildings. The ODP specifies that the
maximum building height should not exceed 35 feet. The proposed building height on Lot 2 is
25 feet. The existing building height on Lot 1 is 15 feet.
Planning Commission
WZ-03-08&MS-02-07/Hoss
3
Landscaping:
Page L1 of the FDP is the landscape plan. This page details the type, amount and size of all
species to be added. There are a number of trees that must be removed in order to
accommodate the drive aisle to serve both Lots I and 2. A tree removal schedule is included on
page Ll.
The ODP specified that each Lot 1 and Lot 2 should have a minimum of twenty percent
landscaped area. Lot I tS 38,082 square feet in size. Twenty percent of the lot IS 7,617 square
feet. The FDP shows that Lot 1 will have 20,177 square feet of landscaped area. Lot 2 is
59,551 square feet in size. Twenty percent of Lot 2 is 11,910 square feet. The FDP shows that
Lot 2 will have 28,799 square feet of landscaped area.
The ODP specified that all other standards of SectIOn 26-502 (Landscaping) of the Wheat
Ridge Code of Laws should be met. This Section states that one tree and five shrubs should be
proVided for every 1,000 square feet of required, not provided, landscaped area. Lot liS
38,082 square feet in size. The ODP reqUIres that twenty percent of the lot should be
landscaped. Twenty percent of 38,082 is 7,617 square feet. Based on a required landscape area
of 7,617 square feet, 8 trees and 39 shrubs should be located on Lot 1. There are 30 trees and
60 shrubs proposed for Lot 1 Lot 2 is 59,551 square feet in size Twenty percent of 59,551 is
11,910 Based on a required landscape area of 11,910 square feet, 12 trees and 60 shrubs are
required. There are 12 trees and 169 shrubs proposed for Lot 2.
In addition to the required trees, there must be one street tree for every 30 feet of street
frontage. These street trees must be located within the required front yard setback area. Lot 1 is
152 feet wide at Parfet Street. Therefore, six street trees are required. There are six trees
located within the fifty-foot setback area. Lot 2 does not have direct street frontage, therefore,
street trees are not required.
A maximum of twenty percent of the landscaped area may contain non-living landscapmg. Lot
1 contains 20,177 square feet of landscaped area. Twenty percent of 20,177 square feet is 4,036
square feet. The FDP details Lot 1 to have a maximum of 830 square feet of non-living
landscaping. Lot 2 contains 28,799 square feet of landscaped area. Twenty percent of 28,799
square feet is 5,760 square feet. The FDP details Lot 2 to have a maximum of 3,361 square feet
of non-Ii ving landscaped area.
Parking! Access
The ODP states that all standards of Section 26-501 (Parking) of the Wheat Ridge Code of
Laws shall be met. The number of required parking spaces is based upon the intended use of a
building, less all non-accessible areas. The Code states that one parking place should be
provided for each 300 square feet of office area and one parking space should be provided for
each 600 square feet of warehouse or workshop area. The existing main structure on Lot 1 is
2,324 square feet in size. The structure is used currently as an office. Based on Section 26-501,
one parking space is required for every 300 square feet of office space. Therefore, 8 parking
spaces are required. The FDP shows 8 parking spaces on Lot 1 The proposed structure on Lot
2 will be 7,336 square feet, with approximately 5,100 square feet being warehouse space and
2,500 being office space Based upon Ihis, 9 spaces are required for the warehouse use and 9
for the office use. The FDP shows 24 parking spaces on Lot 2.
Planning Commission
WZ-03-08&MS-02-07/Hoss
4
The dnve aisle is a full 24 feet wide on Lots 1 and 2 to provIde fire accessibility. Access to Lot
1 and Lot 2 will be provided from Parlet Street through a shared access point. A cross access
easement has been established on the plat.
Setbacks
The ODP specified the minimum building setbacks for Lot 1 and Lot 2. Each lot has identical
setback requirements. The reqUIred front yard setback IS 50 feet. The existing building on Lot 1
IS located 177 feet from the right-of-way The front yard setback on Lot 2 is measured from the
western property line. The proposed bUtldmg is shown 72 feet from the western property line.
The side yard setback requirement for each lot is 5 feet per story The existing building on Lot
lIS located 25 feet from the northern property line and 55 feet from the southern property line.
The proposed building on Lot 2 IS shown 39 feet from the northern property line and 64 feet
from the southern property line. The required rear yard setback is 10 feet plus 5 feet for every
additional story. The extstmg buildmg on Lot 1 is located 35 feet from the east property line.
The proposed building on Lot 2 IS shown 62 feet from the east property line. The existmg main
buildmg on Lot 1 and the proposed building on Lot 2 meet the required setbacks. It should be
noted that one of the existing garages on Lot I does not meet the required rear setback. The
applicants wish to keep the existing structure it its current location until redevelopment occurs.
Slgnage
The ODP states that signage is allowed, as specifically detailed on the FDP, otherwise the
Code of Laws shall dictate allowable signage. The FDP does address both freestanding and
wall slgnage One freestanding sign is shown at the entrance of Lot 1. This sign is located
outside the sight distance triangle, and is detailed on page L2. The proposed freestanding sign
will be 30.3 square feet in size. The proposed SIgn does comply with the standards in Article
VII (SIgn Code) of the Code of Laws. A note on page Slof the FDP states that the business
located on Lot 2 may utiltze the freestanding sign on Lot I
The west elevation on page A2 details one wall sign for the proposed building. The proposed
wall sign IS shown at 72 square feet. This size wall sign is consistent with Ihe standards as
specified III the Code of Laws. There are no other wall SIgns shown.
Lighting
The ODP states that Section 26-503 of the Code of Laws shall regulate lighting. Wall lights
may not exceed 12 feet in heIght, measured from grade. Freestanding lights may not exceed 18
feet in hetght measured from grade. Wall lighting is shown on pages Al and A2, not to exceed
12 feet measured from grade. Freestanding lights are shown on Lot 2, and may not exceed 18
feet in heIght.
Fences/Walls
The ODP specifies that fences or walls be allowed as detailed on the FDP, otherwise Section
26-603 of the Code of Laws shall dictate the requirements. The FDP shows six-foot fencing
around the storage area, and two small retaining walls on Lot 2 There is one retaining wall
shown on Lot I Both the fence and the retaining walls meet the requirements of Section 26-
603.
Planning Commission
WZ-03-08&MS-02-07/Hoss
5
Architecture
The ODP states that architecture of the building IS revtewed in accordance with the Streetscape
and Architectural Design Manual. The proposed bUIldIng on Lot 2, as shown on pages Al and
A2 of the FDP conforms to the standards in the Manual. If Lot 1 were to be redeveloped, the
proposed building would need to meet the standards in the Manual
IV. NEIGHBORHOOD MEETING
A meetmg for neighborhood input was held on July 9, 2002. The followmg persons were in
attendance
TraVIS Crane - City Staff
Michael Pesicka - City Staff
Dave Hoss - Owner/applicant
Frank Wehltng - 5006 Parlet Street
C.B Steismeyer - 4996 Parlet Street
The following Issues were discussed:
. Area residents requested that the southern portion of the proposal remains zoned
Agricultural
. Neighbors do not want to see more agricultural land disappear from Wheat Ridge.
. Area residents would like to see access be restricted to Parlet Street.
. How will the drainage problems that are not related to the ditches be resolved?
V. STAFF CONCLUSION & RECOMMENDED MOTION (S)
Staff concludes that the Final Plat meets the requirements of the City's subdivision regulations.
The Final Development Plan meets the requirements of the City's planned development
regulations and is in compliance with the approved Outline Development Plan for the property
Therefore, staff recommends APPROVAL of WZ-03-08 and MS-02-07
Each component of this application, the Final Plat and Final Development Plan, should be
addressed with a separate motion.
Final Development Plan
Option A: "1 move that Case No. WZ-03-08, a request for approval of a Final Development
Plan for the property located at 5130 Parlet Street, be APPROVED for the following reasons:
1. The requirements of the City's Planned Development Regulations have been met.
2. With the exception of the existing garage on Lot I, the Final Development Plan meets
the development standards set forth in the approved Outline Development Plan for the
site.
Wilh the following condition:
1 A note should be added to the Final Development Plan that reads. "Any
redevelopment of Lot 1 will require an amendment to the Final Development Plan.
The existing accessory structures located on Lot 1 may remain in their current
locations until redevelopment."
Option B: "1 move that Case No WZ-03-08, a request for approval of a Final Development
Plan for the property located at 5130 Parlet Street, be DENIED for the followmg reasons.
Planning Commission
WZ-03-08&MS-0207fHoss
6
1.
Final Plat
Option A: "I move that Case No MS-02-07, a request for approval of a Final Plat on property
located at 5130 Parfet Street, be APPROVED for the following reasons:
I All requirements of the City's Subdtvision Regulations have been met.
2. All required utility easements are bemg provided.
3 Adequate infrastructure will be constructed with the development to serve the proposed
use."
Option B: "I move that Case No MS-02-07, a request for approval of a Final Plat on property
located at 5130 Parfet Street, be DENIED for the following reasons.
1
Planning Commission
WZ-03-08&MS-02-07/Hoss
7
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
the this time. Please see the Wheat ridge Clerks office if you would
like to see the map.
ITEM NO'
1+:
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE April 26, 2004
TITLE:
COUNCIL BILL NO. 08-2004, AN ORDINANCE AMENDING
SECTION 26-103 OF THE WHEAT RIDGE CODE OF LAWS
CONCERNING APPLICATIONS SUBJECT TO THE SITE
DEVELOPMENT REVIEW PROCESS (CASE NO. ZOA 04-03)
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
(8J ORDINANCES FOR 1 ST READING (Date: April 26, 2004)
o ORDINANCES FOR 2ND READING
QuasI-JudICIal.
o
Yes
(8J
No
~- ~
~
CIty~~
City Attorney
EXECUTIVE SUMMARY:
ThIS ordmance was presented to City Council at a study seSSIon on March 15, 2004. The consensus
of Counctl was to dIrect staff to prepare an ordinance amending the language adopted last year.
ThIS ordmance repeals language m the Code of Laws whIch allows certam quasI-governmental
enttties to apply for development revIew of a property pnor to becoming an Owner.
PlannIng CommIssIOn recommended approval.
COMMISSION/BOARD RECOMMENDATION:
At a pubhc heanng on April 15, 2004 Planmng CommisslOn recommended approval of the
ordInance.
STATEMENT OF THE ISSUES:
Until 2003, apphcants for development reVIew were required to own the subject property. The
Code was changed at that tIme to permit, among others, the Urban Renewal Authonty to make such
application. The attached ordInance would restore the ongInal rule' that only the Owner can make
apphcatlOn.
ALTERNATIVES CONSIDERED:
1 Do not amend the ordinance.
2. Permit only the City the ablhty to apply prior to ownership
FINANCIAL IMPACT:
There tS no direct finanCIal tmpact to the City as a result of adopting the ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill 08-2004 on first reading, order it published, pubhc hearing
set for Monday, May 10, 2004at 7'00 p.m. III City Council Chambers and that it take effect 15 days
after final pubhcation."
Or,
"I move to table Illdefinitely Council Bill 08-2004
"
Report Prepared by: Gerald Dahl, CIty Attorney (303) 376-5019
Attachments:
I Memorandum from Alan White
2 CounCil Bill 08-2004
GED\53027\470151 I
City of Wheat Ridge
Community Development Department
Memorandum
TO: Randy Young, City Manager
FROM: Alan White, Commumty Development Director tfJJJ
SUBJECT: Ordinance 1299
DATE: March 4,2003
This ordinance was adopted by CouncIl In July 2003. As origInally envIsIoned by staff, the
ordInance was proposed to potentially allow the CIty to process any sIte development plan requests
for publIc projects pnor to obtaming ownershIp of the property. ApplIcatIOn could only be made if
the governmental agency formally expressed, m wntmg, ItS intent to develop the property and has
gIven wntten notice to the owner of ItS intent to make applicatIon. The mtent was to move public
Improvement projects through the sIte development plan approval process m a timely manner to
Improve service delIvery, public safety, or to save money.
While it was bemg drafted and revIewed, It occurred to staff that there were other agencIes that
mIght have SImilar tIme-sensItive needs to respond to publIc health and safety concerns. Fire dlstnct
and water dlstnct projects are examples. In consIderatIOn of these CIrcumstances, the language was
proposed to include "governmental and quasi-governmental" agencies.
There are two optIons In dealIng WIth thIS ordInance.
1 Repeal the ordinance.
2. Amend the ordmance to allow applIcatIon only by the CIty.
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER 08-2004
Council Bill No.
Ordinance No.
Series of 2004
TITLE: AN ORDINANCE AMENDING SECTION 26-103 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING THE
SUBMITTAL OF APPLICATIONS SUBJECT TO THE SITE
DEVELOPMENT REVIEW PROCESS
WHEREAS, the Code of Laws provides that application for site development
approval may be made by the record title owner (or agent) of the subject property as
well as governmental and quasi-governmental agencies,
WHEREAS, the Council wishes to limit the circumstances in which site
development applications may be made to only the owner of the property
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO'
Section 1. Section 26-103 Subsection D of the Code of Laws is amended to
read.
Sec. 26-103. Site development review process
A. .
D All applications for approval of site development pursuant to
this Chapter shall be accompanied by proof of ownership by
the applicant of the subject property. Such proof may take the
form of a recorded deed, a title commitment, or written
permission from the owner(s) where an agent acts on their
behalf In the case of application for special use permit, both
the owner of the property and proposed special use must join
in the application ^ government~1 or qU~lSi government~1
~gency m~y ;Jpply for site development ;Jpprov;J1 prior to
becoming the owner of the subject property only if ~II of the
following conditions ~re met:
1 . The agency has f-ormally expressed, in writing, its intent
to develop or bcilit~te the development of the subject
property in ~ccord~nce 'Nith the site development
~pprov;J1 being sought.
ATTACHMENT 2
2 . The agency has given written notice to the record
title owner of its intent to moke the site development
application.
3. /\ny finol site development approval shall expire sixty
(60) days after its being granted unless the agency
provides satisfactory evidence th::It it has acquired
o.....nership of the subject property to the expiration of
that period.
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.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided 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 Y. Anderson, City Clerk
2
First Publication
Second Publication'
Wheat Ridge Transcript
Effective Date.
Approved As To Form
Gerald E. Dahl, City Attorney
3
ITEM NO:
5.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 26, 2004
TITLE:
AN ORDINANCE AMENDING CHAPTER 24 "TREES AND
SHRUBS" OF THE WHEAT RIDGE CODE OF LAWS
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
[8J ORDINANCES FOR 1ST READING (Date: April 26. 2004)
o ORDINANCES FOR 2ND READING
~lUlSi-Judicial:
o
Yes
[gj
No
City~~
EXECUTIVE SUMMARY:
This ordinance amends Chapter 24 "Trees and Shrubs" of the Wheat Ridge Code of Laws. The
Arborist Board will be abolished and all current responsibilities of the Board will be transferred to the
Parks and Recreation Commission, eliminated or will be the responsibility of administrative staff.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Due to the 2004 budget cuts, and the elimination of the Forestry position there is no longer a staff
position to support this board. Many of the duties listed in Chapter 24 as the responsibility of the
Arborist Board are either being completed administratively or are no longer currently needed. This
oridinace updates Chapter 24. All current responsibilities of the Arborist Board have been transferred
to the Parks and Recreation Commission, eliminated or will be the responsibility of the administrative
staff..
The Parks and Recreation Commission will address the Forestry program at least two times per year,
more if needed, as an agenda item.
The City will continue to maintain the Tree City USA status, a licensed tree care company program,
the Memorial Tree Program and a hazard tree inventory.
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 09-2004
Ordinance No.
Series of 2004
TITLE: AN ORDINANCE AMENDING CHAPTER 24 "TREES AND
SHRUBS" OF THE WHEAT RIDGE CODE OF LAWS
WHEREAS, the Council is empowered by Section 9.2 of the Home Rule Charter
to create boards and commissions by ordinance; and
WHEREAS, said power includes the power to abolish such boards and
commissions once created; and
WHEREAS, in light of organizational and budgetary changes, the Council finds
that the Arborist Board is no longer needed.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. The Arborist Board, created by Section 2-58 of the Code of Laws, is
hereby abolished, Section 2-58 is hereby repealed and the section number retained as
"Reserved," and all references elsewhere in the Code of Laws to "Arborist Board" are
amended to read "Parks and Recreation Commission."
Section 2. Section 24-36 of the Code of Laws is amended to read.
The arborist board CITY FORESTER OR HIS OR HER
DESIGNEE may adopt rules and regulations governing
those aspects of the conduct of the businesses defined in
Section 24-31 and 24-32 and any and all parts thereof,
directly affecting the public health and safety, and requiring
the use of such safety appliances, apparatus and equipment
as are reasonably necessary for the protection of the
workman engaged therein, the public and private property. It
shall be unlawful for any license hereunder to violate, or fail,
neglect, or refuse to comply with any such rules and
regulations.
Section 3. Sections 24-4 and 24-9 of the Code of Laws are hereby repealed and
the section numbers retained as "Reserved."
Section 4. All references in the Code of Laws to the "City Forester" are hereby
amended to read "City Forester or his or her designee,"
GED\53027\454472.1
ATTACHMENT 1
Section 5. Effectiye Date This Ordinance shall take effect fifteen days after
final publication, as provided 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 Y. Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication"
Second Publication:
Wheat Ridge Transcript
Effective Date'
GED\53027\454472.1
Chapter 24
TREES AND SHRUBS.
Article L In General
See. 24-1. Purpose.
Sec. 24-2. City forester.
Sec. 24-3. Powers and duties of city forester.
See. 24-4. Rules and regulations.
See. 24-5. Inspection of private property.
See, 24-6. Control of trees, shrubs, etc.
See. 24-7. Planting, maintenance of trees, shrubs, etc" on public property.
See. 24-6. Injuring trees on public property.
See. 24-9. Appeals.
See. 24-10, Cost recovery,
See, 24-11. Public utilities.
Sees, 24-12-24-30. Reserved.
See. 24-31,
See. 24-32,
See. 24-33,
Sec. 24-34,
See. 24-35,
See. 24-36,
See. 24-37
See. 24-38,
See. 24-39,
See. 24-40,
See. 24-41,
See. 24-42,
See. 24-43,
See. 24-44.
Article n. Tree Surgeons, Etc.
License required,
Types of licenses.
Application.
Examination of applicants.
Contents.
Rules and regulations generally.
Name, city of license to be displayed.
Failure to obtain license,
Insurance required.
Fee; limits on lic~nsee's activity,
Violations.
Denial.
Revocation.
Suspension.
.Cross referehee-Arborist board. t 2-58,
State law reference-Home rule powers, Co!. Canst. Art. 'PC. t 6,
Supp, No. 23
ATTACHMENT 2
I
)
TREES AND SHRUBS
S 24-~
ARTICLE I. IN GENERAL.
Sec. 24.1. Purpose.
It is the policy of the city to serve the public
health, safety and welfare by promoting and pro-
tecting trees, shrubs, hedges and other plants
because of the unique benefits they provide in
enhancing community appearance, wildlife habi-
tat and assisting in the natural control of envi-
ronmental conditions,
(Ord. No. 1999-1157, ~ I, 5-10-99)
Sec. 24-2. City forester.
The city manager shall appoint a city forester,
who shan be an employee of the parks and recre-
ation department.
(Ord, No. 1999~1157, ~ 1,5-10-99)
Sec. 24.3. Powers and duties of city for.
ester.
l
~
The city forester shall have jurisdiction and
supervision over all trees and other plants grow-
ing on public property within the city; and over all
trees and other plants located on priv.ate property
that constitute a nuisance; a safety hazard, to
persons or property; a health ha:z:atd to other
trees and plants; or prevents the safe use of any
public area.
(Ord. No. 1999-1157, ~ 1, 5-10-99)
Sec. 24.4. Rules and regulations.
The arborist board shall have the power to
promulgate rules, regulations and specifications
for tree maintenancea(;tivjties Uj>lm any Pllblic
property or utility easement.
(Ord. No, 1999-1157, ~ 1,5-10-99)
Sec. 24-5. Inspection of private property.
Tbe city forester shall have the right to enter
private property in order to inspect trees and
other plants during nonnal working hours, follow-
"Editor's note-Ord. No. 1999-1157, adopted May 10,
1999. repealed and re~actedArt,l ofCh. 24 to read as herein
set out. Prior to this r.,...,nactment, Art. 1 contained general
pro-nsions pertaining to the regulation of trees and sQrubs and
was derived froorOode 1977. if 22.3-22-13 and 22-15-22-
17; and Ord, No, 1998-1123. adopted JW1e 22, 1998,
Supp. No, 23
ing no less than thirty (30) days' written notice of
such entry to the property owner or at an earlier
time by mutual agreement between the forester
and property owner. In the event the city forester
determines an emergency to exist requiring im-
mediate entry, no written notice shall be required.
The city forester shall from time to time conduct
SUIVeys to determine if any destructive or com-
municable disease or other pestilence exists which
is detrimental or endangers the good health and
well-being of trees or other plant life in the city.
(Ord. No. 1999-1157, ~ 1,5-10-99)
Sec. 24-6. Control of trees, shrubs, etc.
(a) It shall be the duty of the owner, agent or
occupant of any property to remove any dead or
dying tree, shrub, etc., or any portion of tree,
shrub, etc., which interleres with, obstructs, or in
any way endangers the safe use of public areas or
utility easement; eradicate, remove, or o::herwise
control such conditions of pestilence; upon writ-
ten notice from the city forester to do so and
within such reasonable time as specified on tr
notice, unless the city forester determines that a-
shorter period is required for the protection of the
public health, safety or welfare, such reasonable
time shall not be less than thirty (30) days. The
notice may be mailed by certified mail to the
owner of the property, personally delivered, or
posted or left at the property concerned.
(b) If the property owner refuses or neglects to
fulfill the requirements of the notice within ten
(lO) days after the date specified in the written
notic:e fr..QJll_the city foresteLso. to do, the city
forester may do or cause to be done the necessary
work incident thereto, and the expense thereof
shall be recovered from the owner of such prop-
erty in the manner provided in this article.
(Ord. No. 1999-1157, ~ 1,5-10-99)
Sec. 24-7. Planting, maintenance of trees,
shrubs, etc., on public property.
Unless otherwise authorized by the city for-
ester, and except for routine upkeep and I;Ilainte-
nance, it s~all be \._llawful to cut, prune, spray,
remove, treat or plar '-any tree, shrub, etc., UpOl
1569
TREES AND SHRUBS
(b) Large tree license shall authorize the busi-
ness holding the license to prune or remove trees
of any size.
(c) Planting license shall authorize the busi-
ness holding the license to plant trees, shrubs,
etc.
(d) Spray licensee shall authorize the business
holding the license to spray or otherwise treat
trees, shrubs or vines, or applying herbicides,
insecticides, fungicides, soil conditioners or fertil-
izers.
(e) Stump removal license shall authorize the
business holding the license to remove tree or
shrub stumps.
<0 Arboricultural license shall authorize the
business holding the license to perform all of the
above categories.
(Ord. No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-33. Application.
The application for every license to engage in
business under the provisions of this article shall
specify the types, classifications or kinds of ser-
vice, constituting all or any part or parts of such
business which the applicant desires to perform
or render if the same be issued and for the
performance and rendition whereof he desires to
be licensed. Applications for licenses shall be
accompanied with an application fee in the amount
established by resolution; provided however that
no application fee shall be required for renewal of
an existing license, Any change of ownership
require a new application and license with pay-
ment offees thereof, No license shall be issued or
renewed without the approval of the city forester
and arborist board.
(Ord. No. 1998-1123, ~ 3,6-22-98)
Sec. 24-34. Examination of applicants.
Before any license shall be issued under the
provisions of this article, the city forester shall
examine the applicant for such license, either
orally or in writing or partly orally and partly in
writing as the city forester, in his discretion,
deems proper, covering the applicant's qualifica-
tion and competency to engage in the types,
classifications or kinds of service for the perf or-
Supp. No. 23
~ 24-37
mance and rendition whereof his application dis-
closes that he desires to be licensed, and who
shall require such demonstration of actual prac-
tical ability and competence or the furnishing of
such evidence of previous satisfactory experience
or testing as the city forester, in his discretion,
deems proper.
(Ord. No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-35. Contents.
Every license issued under the provision of this
article shall show upon its face the types, classi-
fications or kinds of service constituting all or any
part of parts of such business in which the license
therein named is thereby authorized to render or
perform,
(qrd. No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-36. Rules and regulations generally.
The arborist board may adopt rules and regu-
lations governing those aspects of the conduct of
the businesses defined in section 24-31 and 24-32
and any and all parts thereof, directly affecting
the public health and safety, and requiring the
use of such safety appliances, apparatus and
equipment as are reasonably necessary for the
protection of the workman engaged therein, the
public and private property. It shall be unlawful
for any licensee hereunder to violate, or fail,
neglect, or refuse to comply with any such rules
and regulations.
(Ord. No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-37. Name, city of license to be dis.
played.
All automobiles, trucks, trailers ana other ve-
hicles operated by licensee under the provisions of
this article for the transportation of the equip-
ment used by him in such business, and all
self-propelled, drawn or towed equipment used by
any licensee in such business shall have the name
and city of such licensee displayed on both sides
thereof in plain and legible figures not less than
three (3) inches in height, which shall be kept in
such condition as to permit the same to be readily
distinguished and read at a distance of at least'
sixty (60) feet, and it shall be unlawful and
ground for revocation of his license for an,- lic-
1571
TREES AND SHRUBS
~ 24
)
)
furnished. It shall be unlawful for any person to
engage in the business defined in this article
while his license to do so is for any reason
suspended or after the same is for any reason
revoked.
(Ord. No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-40. Fee; limits on licensee's activity.
The annual license fee for every licensee to
engage in the business under the provisions of
this article or in any type, classification or kind of
service constituting all or any part or parts of
such business shall be established by resolution
and the issuance of such license shall entitle and
authorize the licensee therein named to engage in
only such types, classifications or kinds of service
constituting all or any part or parts of such
business shall be designated or shown upon the
face of such license. It shall be unlawful and a
ground for revocation of such license, for the
licensee to engage in any other or different type,
classification or kind of service constituting all or
any part or parts of business.
(Ord No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-41. Violations.
It shall be a violation oftbis chapter [article] to
conduct landscape business within the scope of
this chapter within the city without a valid li-
cense or without an application filed in a timely
manner with the city forester. Each day that a
business is conducted in violation of this article
shall be a separate offense.
(Ord. No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-42. Denial.
A license may be denied for any reason that it
can be suspended or revoked.
(Ord No. 1998-1123, ~ 3, 6-22-98)
Sec. 24.43. Revocation.
An arborist license may be revoked by the city
forester:
(a) When the city forester determines that
issuan~e. of the license was illegal or im-
proper
Supp, No. 23
(b) When the license was issued to the wrong
person, business or premises or the wrong
license was issued.
(c) When it appears that the license was
obtained by fraud or misrepresentation or
false statements within the application.
(d) When it appears that the activity con-
ducted pursuant to such license is a public
nuisance as defined by this code, state
statute, or decided case law.
(e) Upon other grounds provided by this code,
state statute or decided case law.
(Ord. No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-44. Suspension.
An arborist license may be suspended with or
without conditions, by the city forester when the
licensee has, in the opinion of the city forester:
(a) Conducted an activity pursuant to such
license which violates this Code or state
statute.
(b) Demonstrated incompetence, as measur€
by generally accepted industry standards:-
(c) Misused the license.
(d) Violated [any] of the provisions or condi-
tions of the license.
(e) Failed to comply with any of the license
responsibilities imposed by this chapter
[article] .
(f) Knowingly conspired with a person to
permit a license to be used by another
person.
(g) Acted as an agent, partner, associate or in
any capacity with persons to evade the
provisions of this article or rules and
regulations of the city forester or arborist
board.
(h) Willfully violated or disregarded any of
the provisions of Colorado Statutes regard-
ing the use of pesticides.
(i) Repeatedly violated the provisions of this
chapter, the rules arid regulations of the
city forester or arborist board, or repeat-
edly failed to obey orders in a timely
fashion.
1573
ITEM NO: G; \
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
Apri126,2004
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR 2004 BUDGET
TO REFLECT ACCEPTANCE OF WHEAT RIDGE YOUTH
FOOTBALL FIELD EQUIPMENT FUNDS
D PUBLIC HEARING
D BIDS/MOTIONS
[ZJ RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date: _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial.
D
Yes
[ZJ
No
Ll-,,' r / I..~,., CL." L '-<,
Parks and Recreation Director \,
City~Q...J~
EXECUTIVE SUMMARY:
The Wheat Ridge Parks and Recreation Department is recommending the replacement ofthe football
goals used for youth football games at Prospect Park. Smce these items were not appropriated in the
2004 budget, Wheat RIdge Midget Football Association has donated funds to purchase approxImately
80% of the replacement cost for these goals. The balance of the purchase will be funded from the
Parks Mamtenance Division supply account. The cost to replace both sets of goals with the updated
equivalents is $3,41100, Funds provIded by Wheat Ridge Youth Football total $2,700,00
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The football goals currently in use for youth football leagues at Prospect Park are old, outdated and in
need of replacement. These goals are fabricated from steel, making them difficult and dangerous for
staffto install and remove. Often the use of heavy equipment is required to lift the goals into place.
The goals pose a liabilIty risk to field users since they are considerably heaVIer than the newer
available version of alummum goals and were fabricated following lesser, outdated standards.
ALTERNATIVES CONSIDERED:
Wheat RIdge Parks and RecreatIon originally consIdered having goals custom-made by local weldmg
shops capable offabricating stock aluminum. The goal was to provIde for lIghtweIght alummum goals
at a greatly reduced pnce. After consulting with CIRSA (insurance carrier) however, it was
recommended that the City purchase goals pre-made in the Interest of providing for maxImum safety
to field users and reducIng the CIty's lIability,
To not accept the donatIon.
FINANCIAL IMPACT:
The total costs of the goals is $3,411.00 which will be offset by the donation of $2,700,00 for a net
cost to the city of $711.00, whIch will be charged to account 01-603-650-660. The new goals will
reduce the amount of staff labor required to mstall the goals.
RECOMMENDED MOTION:
"I move to adopt Resolution No. 08-2004 amending the fiscal year 2004 budget to reflect acceptance
of Wheat RIdge Youth Football field equipment funds in the amount of$2, 700.00, for the purpose of
purchaSIng new football goals and that the 2004 Budget be increased by the same amount deposited to
account 01-603-650-660."
or,
"I move to deny adoption of Resolution No. 08-2004 for the followmgreason(s)
"
Report Prepared bY' Jim Spaulding, Athletic Supervisor
ReViewed by: Patnck Goff, Admimstrative ServIces DIrector
Attachments:
1, Resolution 08-2004
040426 CAF budget amend CC Football
RESOLUTION NO. 08
Series of 2004
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR 2004
BUDGET TO REFLECT ACCEPTANCE OF WHEAT
RIDGE YOUTH FOOTBALL FIELD EQUIPMENT FUNDS
WHEREAS, the City of Wheat Ridge received a donation from Wheat Ridge
Youth Football to help Wheat Ridge Parks and Recreation purchase new aluminum
football goals; and
WHEREAS, the City Council desires to accept the funds in the amount of
$2,700; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be
effected by the City Council adopting a Resolution;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City hereby accepts the funds.
B. The City Manager is authorized to execute all documents necessary for the
acceptance of the funds.
C. Upon receipt of the funds, that the funds be placed in the General Fund.
D. The City of Wheat Ridge fiscal year 2004 Budget be amended
accordingly, specifically adding $2,700 into the Parks Maintenance
operating supplies account (01 -603-650-660).
E. The funds be encumbered for the length of the project.
DONE AND RESOLVED THIS 26th day of April 2004.
Gretchen Cerveny, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 1
ITEM NO: I,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 26, 2004
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR 2004 BUDGET
TO REFLECT ACCEPTANCE OF THE SCIENTIFIC AND
CULTURAL FACILITIES GRANT FOR THE PURPOSE OF AN
ART MURAL AT THE WHEAT RIDGE RECREATION CENTER
o PUBLIC HEARING
o BIDS/MOTIONS
~ RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
o
Yes
~
No
c
City~~
EXECUTIVE SUMMARY:
The Cultural Commission of the City applied for and received a grant in the amount of$7,800 from
the Jefferson County Council of the Scientific and Cultural Facilities District. The grant was awarded
for the purpose of acquiring an art mural to be located at the Wheat Ridge Recreation Center. An Art
Selection Committee was assembled per the department administrative polices which define the
process for acquiring public art.
A call for entry which is a document that describes the project amd scope of work and is used as an
advertIsement for the project, was sent out statewide. The City received 26 responses to the project.
The art mural selection committee reviewed all entries and chose three finalists. These finalists
prepared a proposal for the project, were interviewed and the final selection was chosen.
The purpose of this council action is to accept the grant funding for the project.
COMMISSIONIBOARD RECOMMENDATION:
The Cultural Commission approved the selection committee for this project.
STATEMENT OF THE ISSUES:
The City Council adopted an ordinance amending Chapter 18 of the Code of Laws by entitling the said
chapter "Arts and Culture" and by the addition of an Article I concerning the acquisition, display,
ownership and disposal of public works of art. The City Council also adopted the administrative
polices that define the acquiring, documentation and conservation, display and siting, deaccessioning
works of art and a conflict of interest statement.
The advertisement or call for entry for the project was open to anyone that wished to apply. The Art
Selection Committee was also an open application process per the administrative policies. And the
review of entries and the selection was followed per the adminstrative policies.
The location of the mural will be on the angled wall at the top of the stairs as you enter the fitness area.
and on the wall across from the front desk on the main floor.
ALTERNATIVES CONSIDERED:
To not accept the grant funds and therefore not acquire a public art piece for the Recreation Center.
FINANCIAL IMPACT:
The art itself is funded by the grant monies. Funds have been expended outside the grant for a
consultant ($1,000.00) to manage the project and a stipend for artists to prepare their proposal
($300.00 each)
RECOMMENDED MOTION:
"I move to accept Resolution 09-2004 Amending the Fiscal Year 2004 Budget to Reflect Acceptance
of the Scientific and Cultural Facilities Grant for the Purpose of an Art Mural at the Wheat Ridge
Recreation Center in the amount of$7,800 and the 2004 budget be increased by the same amount to be
deposited in account 01-601-700-750."
or,
"I move to deny Resolution 09-2004 for the following reason(s)
"
Report Prepared by: Joyce Manwaring, Director
Attachments:
1. Resolution 09-2004
2. Ordinance 1257
3. Location of mural
4. List of Art Selection Committee
5. Call for Entry
RESOLUTION NO.
Series of 2004
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR 2004
BUDGET TO REFLECT ACCEPTANCE OF THE
SCIENTIFIC AND CULTURAL FACILITIES GRANT FOR
THE PURPOSE OF AN ART MURAL AT THE WHEAT
RIDGE RECREATION CENTER
WHEREAS, the City of Wheat RIdge applied for and was awarded a grant to
commiSSIOn a piece of art in the form of a mural to be placed in the Wheat Ridge
Recreation Center; and
WHEREAS, the City Council desires to accept the funds in the amount of
$7,800,; and
WHEREAS, the City Council desires to enhance the public spaces and proVIde
for a more aesthetic and humane envIronment m the City by acquiring works of art which
shall become the City's publIc art collection;
WHEREAS, the Wheat RIdge Charter requires that amendments to the budget be
effected by the City Council adopting a Resolution,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City hereby accepts the funds.
B, The City Manager IS authonzed to execute all documents necessary for the
acceptance of the funds,
C. Upon receipt of the funds, that the funds be placed in the General Fund,
D, The City of Wheat RIdge fiscal year 2004 Budget be amended
accordingly, specIfically adding $7,800 into the Parks and Recreation
Administrative budget Professional Services account (01-601-700-750),
E. The funds be encumbered for the length ofthe project.
DONE AND RESOLVED THIS 26th day of April 2004.
Gretchen Cerveny, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER FIGLUS
Council Bill No. 22-2002
Ordinance No. 1257
Series of 2002
TITLE: AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, BY
ENTITLING SAID CHAPTER "ARTS AND CULTURE" AND BY
THE ADDITION OF AN ARTICLE I CONCERNING THE
ACQUISITION, DISPLAY, OWNERSHIP AND DISPOSAL OF
PUBLIC WORKS OF ART.
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political
subdivision of the State of Colorado organized and existing as a home rule municipality
pursuant to Article XX of the Colorado Constitution and the home rule charter for the
City (the "Charter"); and
WHEREAS, pursuant to section 1.3 of the Chart~r, the City has all the power of
local self-government and home rule and all the power possible for a municipality to
have under the Constitution of the State of Colorado; and
WHEREAS, the City of Wheat Ridge wishes to enhance the public spaces and
provide for a more aesthetic and humane environment in the City by acquiring works of
art which shall become the City's public art collection.
WHEREAS, pursuant to Section 16.2 of the Charter, the Wheat Ridge City
Council has the power to receive or refuse gifts, bequests and donations on behalf of
the City and to delegate this power; and
WHEREAS, individuals and entities from time to time offer to temporarily or
permanently donate works of art to the City for the purpose of public display; and
WHEREAS, the City Council finds and determines that it is desirable to have
guidelines concerning the acceptance and display of works of art and that the City does
not currently have such guidelines; and
WHEREAS, the City Council desires to delegate its authority to receive and
refuse gifts of works of art to the City Manager and empower the City Manager to
establish guidelines concerning the acquisition, ownership, display or siting,
conservation, deaccessioning and disposal of public works of art.
GED\53027\394563.02
ATTACHMENT 2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Chapter 18 of the Code of Laws of the City of Wheat Ridge, previously
reserved, is hereby entitled "Arts and Culture."
Section 2. Chapter 18 of the Code of Laws of the City of Wheat Ridge is hereby
amended by the addition of Article \, to read in its entirety as follows:
ARTICLE I.
PUBLIC ART MANAGEMENT.
Sec. 18-1. Intent and purpose.
The objective of this section is to establish goals, policies and guidelines for the
acquisition, ownership, display or siting, conservation and disposal of public works of
art.
(1) Public art differs from art intended for private enjoyment, in that it mwst speak, in
a significant way, to a larger portion of the population. Public art should bring meaning
and enjoyment to public spaces.
(2) Public art is founded in the freedoms of thought and creative expression. It should
reflect the diversity and richness of the community.
(3) The City shall acquire art that is of the highest quality and that is consistent with
the policies adopted by the City.
(4) The acquisition process shall promote the public display of many types of works
of art.
(5) Public art should become a valuable part of the City art collection, be thoughtfully
sited or displayed and be properly maintained at all times.
Sec. 18-2. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Acquisitions means the procurement by the City of Wheat Ridge, Colorado, of
works of art through commission selected by open competition, limited competition, or
invitation; direct purchase; donation; loan or any other means.
GED\53027\394563.02
2
City means the City of Wheat Ridge, Colorado.
Conservation means care encompassing three activities: examination,
preservation and restoration.
Deaccessioning means the removal of an art work from display.
Display means the temporary public location of a work of art.
Disposal means actions that result in the termination of the City's ownership
and/or possession of a work of art.
Preservation means actions taken to retard or prevent deterioration or damage in
works of art, and to maintain them in as unchanging a state as possible.
Public art means works of art acquired and held by the City.
Restoration means the treatment of a deteriorated or damaged work of art to
approximate as nearly as possible its original form, design, color and function with
minimal further sacrifice of aesthetic integrity.
Siting means the permanent location accessible to the public of a work of art.
Temporary work of art means a work of art with an intended or anticipated life
span or loan term of five (5) years or less.
Works of art means all forms of original visual and tactile art, traditional or folk art
and media art. Works of art may include but are not limited to sculpture, painting,
graphic arts, mosaics, photography, crafts such as ceramics, paper, textiles, glass,
wood and metal, mixed media and earthworks. Exclusions include reproductions or
unlimited editions of original work, art objects that are mass produced, architectural
ornamentation, directional elements and signage, and landscaping
Sec. 18-3. Acquisition.
The objective of this section is to develop a collection of public art by acquiring for the
City of Wheat Ridge artwork that demonstrates artistic excellence and technical
competence for public benefit and enjoyment.
A. To establish procedures for the acquisition and temporary placement or permanent
siting of works of art through commission, direct purchase, donation or loan.
1. General administrative policies.
(a) The City shall acquire and display public artwork for the benefit and
enjoyment of its citizens.
GED\53027\394563.02
3
(b) The City shall establish and maintain an inventory which includes
complete records of all public art acquisitions, including documents
transferring title, artists' contracts, reports, invoices and other pertinent
material.
(c) Works of art shall generally be acquired without legal restrictions
concerning use, display or disposition, except with respect to copyrights or
restrictions specifically defined by law or contract.
(d) Any City liability associated with the ownership, display or disposal of
public art shall be covered under the City's insurance programs where
possible.
B. To establish a selection process that provides for public and expert review according
to articulated criteria, and is not affected by conflict(s) of interest.
1. Selection procedures.
(a) The City Manager or his or her designee shall establish administrative
procedures and guidelines for the selection of public art.
(b) Selection procedures shall encourage open public discussion to ensure
that all concerned parties are involved in the process, including the City,
the general public, the business community and the arts community.
(c) Whenever appropriate, selection procedures shall encourage early
collaboration between artists and design professionals including
architects, landscape architects, project managers and engineers to
facilitate integration of the artwork into the structure where it will be sited.
(d) Selection procedures shall establish specific criteria for the City's
acceptance of works of art as gifts or as long term loans. Generally, gifts
shall be accepted without restrictions as to future use, placement or
disposition.
2, Criteria. Public art shall generally:
(a) Be appropriate in size, scale, material, form and style for the social and
physical environment in which it is to be placed;
(b) Be durable;
(c) Have high resistance to vandalism;
(d) Be maintainable at a reasonable cost;
GEDI53027\394563.02
4
(e) Minimize public liability; and
(f) Possess other appropriate characteristics as determined by the selection
guidelines,
Sec. 18-4. Art work site plan.
The objective of this section is to establish a plan for the thoughtful display, siting and
management of works of art in the public art collection.
A. To establish procedures for display and/or siting of public artwork.
B. To provide for appropriate engineering, security, maintenance and amenities, such
as signage and lighting for public artwork.
1. General administrative policies.
(a) The City Manager or his or her designee shall develop an art work site plan
that identifies appropriate locations within the City for the display and siting of public art.
Such a plan shall serve as a guideline for the placement of acquired works of art.
(b) The art work site plan shall identify current and potential locations for the
display and siting of public art within the City.
(c) The art work site plan should be reviewed and updated by the City Manager
or his or her designee at least once every three (3) years.
Sec. 18-5. Documentation; conservation.
The objective of this section is to ensure the care and accounting of works of art in the
public art collection through systematic record keeping and conservation,
A. To provide appropriate management and care of a City asset through inventory,
regular examination, preservation and restoration of the public art collection.
1. The City Manager or his or her designee shall:
(a) Establish and maintain an inventory of all works of art in the City's collection.
(b) Examine all public art on an annual basis to determine if it is properly sited
or needs conservation.
(c) Conserve public art in a planned and orderly manner and shall arrange for
any services necessary to the preservation and restoration of public art subject to
available funds.
GED\53027\394563,02
5
Sec. 18-6. Deaccessioning; relocation or disposal.
The objective of this section is to maintain the artistic integrity of the City's public art
collection by establishing policies and procedures for deaccessioning, relocation or
disposal of artwork.
A. To establish policies, guidelines and procedures for review of placement.
1. The City Manager or his or her designee shall establish guidelines and
procedures for the review of public art placement.
(a) Review procedures shall provide for input from art professionals and
the public, where practical.
(b) Review criteria shall address the quality of the public art and how the
piece relates to the City's goals and policies for public art.
2. In conjunction with the annual review and update of the art work site plan
referenced in Section 18-4 of this article, the status and condition of all public art
may be reviewed for possible deaccessioning.
3. The removal or relocation of temporary works of art on display shall generally not
be considered before the piece has been displayed for sixty percent (60%) of its
anticipated life span or loan term, generally three years.
B. To establish policies, criteria and proceclures for deaccessioning, relocating or
disposal of a work of art in the City's public art collection.
1. The City Manager or his or her designee shall establish policies. guidelines,
criteria and procedures for reviewing artwork to determine if it still relates to the
City's goals for the public art collection.
2. This review shall include both public comment and expert testimony about the
possibility of deaccessioning artwork.
Sec. 18-7. City Manager Authority.
(a) The City Manager or his or her designee is authorized to promulgate and
administratively amend, from time to time, any rules and regulations necessary to carry
out the public art management policies set forth in this article.
Secs.18-8 -18-19. Reserved.
)
Section 3. Safety Clause. The City Council hereby finds, determines, and declares
that this ordinance is promulgated under the general police power of the City of Wheat
Ridge, that it is promulgated for the health, safety, and welfare of the public and that this
GEDI53027\394563,02
6
ordinance is necessary for the preservation of health and safety and for the protection of
public convenience and welfare. The City Council further determines that the ordinance
bears a rational relation to the proper legislative object sought to be attained.
Section 4. Seyerability; Conflictina 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.
Section 5. Effectiye Date. This ordinance shall take effect fifteen days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o on this 8th day of July ,2002, ordered published in
full in a newspaper of general circulatioh in the City of Wheat Ridge and Public Hearing
and consideration on final passage set for July 22 , 2002, at 7:00
o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to 0 , this 22nd day of July , 2002.
SIGNED by the Mayor on this
23rd
,2002.
ATTEST:
~"L 4~5
Wanda Sang, City Clerk
Approved As To Form
?2i4!c@~fJ#P-
First Publication: July 11. 2002
Second Publication: July 25. 2002
Wheat Ridge Transcript
Effective Date: August' 9. 2002
GED\53021\394563,02
7
..
*' IvoC.+IDn ,+ M"~/A.'
ATTACHMENT 3
Wheat Ridge Recreation Center Art Mural Artist Selection Committee
Craig Bouck
BRS Architecture
2300 15th Street Suite 100
Denver, CO 80202
(303) 455-1366
cnll gbouck(a!brsarc II. co In
Kevin Robb
7001 W 35th Ave.
Wheat RIdge, CO 80033
(303) 431-4758
3d(u"kevl nrohb,com
Sharon Couturier
Wheat RIdge Cultural CommIssion
3621 Parfet St.
Wheat RIdge, CO 80033
(303) 425-6026
srcoutun er(7i'l uno ,com
Barbara Neal
Consultant, FacilItator
(303) 830-8791
barbneal((lm Indspn n g,COIn
Carole Sue Frickel
11686 W, 37'h PI.
Wheat Ridge, CO 80033
(303) 424-0067
dfnckel((/ 'ne(zero,com
Joyce Manwaring
City of Wheat RIdge
4005 Kipling St.
Wheat RIdge, CO 80033
(303) 231-1308
I oycem(ZI'cl. wheatndge,co. us
Scott Dressel-Martin
Wheat Ridge Cultural CommIssion
3915 Garland St.
Wheat Ridge, CO 80033
(303) 463-5992
scott((odresselmartm, com
Rich Swanson
Wheat RIdge Recreation Center
4005 KIpling St.
Wheat RIdge, CO 80033
(303) 231-1317
nchs(l/ci. wheatndgc.co,llS
REV 01/05/04
ATTACHMENT 4
CALL FOR ENTRY
Wheat Ridge Recreation Center
Wheat RIdge, CO
The Wheat Ridge Parks and Recreation Department seeks to commission artwork for the Wheat
RIdge Recreation Center located at 4005 Kipling Street. The Parks and Recreation Department's
. ,
mISSIOn IS:
"Embracing community through exceptional programs and facilities that enhance opportunities
for personal growth, well being and healthy life-styles. "
Located on the west sIde of the Denver Metro area, Wheat Ridge is a suburb with a population of
approxlffiately 31,000 residents. Though only mcorporated Slllce 1969, Wheat Ridge has a unique
and interestlllg hIstory as a farming community, whIch still defines it today. Evident in the design of
the Recreation Center, the barn roof characterizes the community. An older barn located on the site
when it was purchased IS being renovated for future use and symbolIzes a bndge between the old and
the new.
For additional information about thIs Center, the Web address is:
www.ci.wheatridge.co.us
The Wheat RIdge Recreation Center opened III February 2000. The Center averages between 800
and 1200 visitors per day dependlllg on the month of the year Amenities on the main floor include
two separate pools, a spa, sauna and steam room, a full size gymnasium, locker rooms, community
rooms, activity rooms and a game room. A 400 sq. ft. climbing wall is located on the first floor
spannIng up to the second floor. The second floor features include a weights/fitness area,
aerobics/dance room, ajogginglwalking track and racquetball courts.
The area deSIgnated for the artwork is the high traffic entrance area to the second floor atWetIc
facilities. Two options present themselves as potential locations for artwork. One is the entrywayto
the second floor facilIties at the top ofthe stairs. It can be vIewed easily from the first floor and the
entrance to the gymnasmm. A second option is an angled wall measuring 8 feet high x 6 Yz feet
WIde Just Inside this entryway. It can be vIewed from the entryway and from the weIght/fitness area.
The wall surface of both locatIOns is pamted concrete block in 8" x 8" squares. The Center will
work with the artist to provide an appropriate surface for the proposed artwork.
The Art Selection CommIttee is open to creatIve proposals for either of these locatIOns that address
the geometryofthe space and perhaps change the sometimes ordinary experience of"workmg out".
The artwork may be representational, abstract or decorative. It should be constructed of durable, low
maintenance materials including, but not limited to, glass, mosaic, metal, wood or clay, or a
combmation of these medIa. It may be a mural. It may be two dimensional, or three dImenSIOnal or
bas-relief. However, the artwork should not interfere with traffic patterns, create any potential
hazard to people using the stairs or be an attractive nuisance.
ATTACHMENT 5
Although the Comrmttee did not IdentIfY a specIfic theme, the design of the Center and its activities
seek to connect the past to the future of this community.
The amount available for this commission including design, construction, installatIOn, is: $7,800.
Application materials must be delivered to the address below or postmarked by February 6,2004.
Wheat Ridge Recreation Center
4005 Kipling Street
Wheat Ridge, CO 80033
Attention: Joyce Manwaring, Director
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
the this time. Please see the Wheat ridge Clerks office if you would
hke to see the map.
DATE:
April 26. 2004
GENERAL AGENDA ITEM COMMENT ROSTER
,^\,'f'~ '~~. Yt \; ~~" 50 ;.
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.
~ : :; .\:--;, ~ 1>'" ;.- 'I . r t ~ '
NAME ADDRESS AGENDA ITEM NO.
"
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM BO. 3.
PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
TITLE:
CASE NO. WZ-03-08
MS-02-07
COUNCIL BILL NO.
A REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN AND FINAL
PLAT ON PROPERTY LOCATED AT 5130 PARFET STREET
Case No. WZ-03-08 and MS-02-07) (David Hoss)
.MCl....,.' YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO.2.
PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO.ZOA-04-01 COUNCIL BILL NO. 07-2004
TITLE: COUNCIL BILL 07-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE
WHEAT RIDE CODE OF LAWS PERTAINING TO COMMERCIAL AND
INDUSTRIAL LAND USES,
(Case No. ZOA-04-01)
\t~. YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
-
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGE!
PUBLIC COMMENT ROSTER
DATE: April 26, 2004
ANY PERSON MAY SPEAK ON MATTERS OTHER THAN 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 PRINT!!!!!!!!
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CITY OF WHEAT RIDGE, COLORADO
April 26, 2004
(}~;s
J
I
Mayor Cerveny called the Regular City Council Me~ng to order ~ 7.00 p~'counCilmembers
present: Karen Adams', Karen Berry, Jerry DiTullio, Dean GokeY, Lena Rotol ,Wanda Sang,
Larry Schulz, and Mike Stites: Also present: City Clerk, Pamela Anderson, jty Manager,
Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White,
Director of Public Works, Tim Paranto; staff; and interested citizens
'I
APPROVAL OF MINUTES OF April 12, 2004 SCii~, ,
Motion by Mr DiTullio to approve the Minutes of April 12, 2004, seconded by ) ~
~~ q~ '
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny read Proclamations for
Amyotrophic Lateral Sclerosis Association Month - May 2004
Arbor Day and Tree City USA
Mental Health Month - May 2004
Older Americans Month - May 2004
CITIZENS' RIGHT TO SPEAK
s
CITY COUNCIL MINUTES April 26, 2004
Page -2-
APPROVAL OF AGENDA
o'AtpW1i-ci CG;) f"bi ~LJ..
Item 1.
Consent AQenda:
A. Amendment #1 to ITB-04-013 Clear Creek Trail Improvements
B Extension of Revocable License Agreement for the Apple Ridge Cafe
Consent Agenda was introduced and read by Mr. DiTullio
Motion by Mr DiTullio for approval of the Consent Agenda, seconded by <Si~
carried 1 - u .
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 07-2004 - AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO
COMMERCIAL AND INDUSTRIAL LAND USES
(Case No ZOA-04-01)
Council Bill 07-2004 was introduced on second reading by Ms Berry City Clerk
assigned Ordinance No \322.
\322
Motion by Ms Berry to approve Council Bill 07-2004 (Ordinance ) (Case No ZOA-
04-01) on second reading, and that it take effect 15 days after final publication;
seconded by carried
------ .
/ M d"l ~'\ l.n", (--1,(\7 ~ \ \ \ c -\1.> Q)v.\.:t\\'l?\L~. rJ.-~C c . lot C~<- H-i\ , f-,v
UMlcc' ,'j ~lt(C;f- - 20.A - AlA Q\-d.AI-Lt\,ec .... ((v,><. ~, to It- u4 - D ()'
Item 3, A REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN AND t'/lL'-<'i
FINAL PLAT ON PROPERTY LOCATED AT 5130 PARFET STREET ledJS
(Case No WZ-03-08 and MS-02-07) (David Hoss) ~ - L. -'
Item 3 was introduced by ~'r' ?;'d'uJi.y
I'Ve:..,\) fJ 670,--",---",) C_"vwVt..-V\ \~1 U-.,,*,L'r'''^-* l)c f 1 /
~_ c: ~7L\vJ.e"'rJ ,""-.r\- ~0-( ~+J<\ \~ I't:J~ctl "j
--tl~ u~.
i)?
~
CITY COUNCIL MINUTES, April 26, 2004 Page -3-
-.,J,) c;~'
Motion by tJ\v' Sd1v\;U-'\J to approve Case No. WZ-03-08, a request fo~a Final
Development Plan for property located at 5130 Parfet Street for the following reasons,
1 The requirements of the City's Planned Development Regulations have been
met
2 With the exception of the existing garage on Lot 1, the Final Development Plan
meets the development standards set forth in the approved Outline Development
Plan for the site,
b 1I ,,'I ·
V"f-l (4- ~--~) ~~\..~ ')
seconded by ~t D ,I.dl CD
carried 1- ~ D _
-
Motion by ~~\< Y~;/to approve Case No MS-02-07, a request for a Final Plat for
property located at 513d Parfet Street for the following reasons'
1 All requirements of the City's Subdivision Regulations have been met.
2 All required utility easements are being provided
3 Adequate infrastructure will be constructed with the development to serve the
proposed use,
Ac-\cl rt ,"'''' "S C D.-ol, 'h Lk, . ~
sec~nded by 0. t S.L.. .. / V) ~ I >'"1'<1,
carried D1fkO \r<<.G-- '" /--) __Ft.)
-:f- /[) .
.f-( r'~
;.c V1.'...L",,-, c - ,"v-., ",G-=o>
'l (;-.t C'v) )"1'tN '-t'0-<-\.1'
ORDINANCES ON FIRST READING
Item 4,
COUNCIL BILL 08-2004 - AN ORDINANCE AMENDING SECTION 26-
103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW
PROCESS
(Case No ZOA-04-3)
Council Bill 08-2004 was introduced on first reading by Mr Stites,
Motion by Mr Stites to approve Council Bill 08-2004 on first reading, order it published,
public hearing set for Monday, May 10, 2004 at 7 00 P m, in the City Council Chambers,
and that it take effect 15 days after final publication, seconded by \) l'V l ~ t'
. d I III <..~
ca rrle --t..-/{).
CITY COUNCIL MINUTES, April 26, 2004
Page -4-
Item 5.
COUNCIL BILL 09-2004 - AN ORDINANCE AMENDING CHAPTER 24
"TREES AND SHRUBS" OF THE WHEAT RIDGE CODE OF LAWS
Council Bill 09-2004 was introduced on first reading by Mr DiTullio
Motion by Mr DiTullio to approve Council Bill 09-2004 on first reading, order it
published, public hearing set for Monday, May 10, 2004 at 7 00 p.m in the City Council,/)
Cha,mbers, and that it take effect 15 days after final publication, seconded by ~VJJO .~~
carried . ~../D '
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 6,
RESOLUTION 08-2004 - AMENDING THE FISCAL YEAR 2004 BUDGET
TO REFLECT ACCEPTANCE OF WHEAT RIDGE YOUTH FOOTBALL
FIELD EQUIPMENT FUNDS
Resolution 08-2004 was introduced by Mrs Adams,
Motion by Mrs, Adams to adopt Resolution 08-2004 amending the fiscal year 2004
budget to reflect acceptance of Wheat Ridge Youth Football field equipment funds in the
amount of $2,700 for the purpose of purchasing new football goals and that the 2004
Budget be increased by the same amount deposited to Acct. No 01-603-650-660;
seconded by S c~~ carried '7 - D .
CITY COUNCIL MINUTES April 26, 2004
Page -5-
Item 7.
RESOLUTION 09-2004 - A RESOLUTION AMENDING THE FISCAL
YEAR 2004 BUDGET TO REFLECT ACCEPTANCE OF THE
SCIENTIFIC AND CULTURAL FACILITIES GRANT FOR THE PURPOSE
OF AN ART MURAL AT THE WHEAT RIDGE RECREATION CENTER.
Resolution 09-2004 was introduced by Mrs Sang.
Motion by Mrs Sang to accept Resolution 09-2004 amending the Fiscal Year 2004
Budget to reflect acceptance of the Scientific and Cultural Facilities Grant for the
purpose of an Art Mural at the Wheat Ridge Recreation Center in the amount of $7,800
and the 2004 budget be increased by the same amount to be deposited in Acct. No 01-
601-700-750;
seconded by
carried
.~~+.(~ .
~-C.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
Meeting adjourned at
O'O~ pm
Pamela Y Anderson, City Clerk
APPROVED BY CITY COUNCIL ON MAY 10, 2004 BY A VOTE OF _ to_
Wanda Sang, Council President
The preceding Minutes were prepared according to 947 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
38th Avenue
llDrrublight Study
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Prepared by the 38th Avenue & Sheridan Boulevard Neighbors
April 22, 2004
1
1.0 Background 2
2.0 rtJ][]i)blight Study Area and Purpose 3
3.0 Determination of Study Area Conditions 4
4.0 Summary of Findings 5
5.0 Sources 7
5.1 Base Map 8
Appendices
Appendix I
Appendix II
Photo Inventory
Field Inventory Sheets
9
20
2
1.0 Background
HNTB Corporation was retained by the City of Wheat Ridge
in 2001 to perform an independent survey of the 38th
Avenue corridor from Sheridan Blvd. to Wadsworth Blvd.
The summary of their findings are found in their report "38th
Avenue Blight Study" dated April 11,2001
Since that time, 38th Avenue between Sheridan Blvd. and
Harlan St. has undergone expensive and extensive
improvements and modifications. The neighbors in the 38th
Ave. and Sheridan Blvd. area have decided to do their own
study regarding the present conditions in that formerly
"blighted" section of 38th Avenue.
3
2.0u:rmblight Study Area and Purpose
The i,:'iiJubllght Study Area is located In the City of Wheat
Ridge, Colorado. The specific area of study, located on the
east side of Wheat Ridge, IS 38th Avenue between Sheridan
Boulevard and Harlan Street as shown in the report "38th
Avenue Blight Study," Figure 3, prepared by HNTB
Corporation, dated April 11 , 2001 (see Base Map on page
8)
The specific purpose of the study IS to show that the
conditions In the area previously found "blighted" can no
longer be considered "blighted" under the Colorado Urban
Renewal Law, Colorado Revised Statues 31-25-101 et seq
The "blight" that affected the study area in 2001 has been
cured and eliminated in the subsequent period by the
Improvements made to the buildings, landscaping and site
maintenance, along with the approximately $3,000,000 spent
by the city on the 38th Avenue Streetscape Pilot Project to
Improve the sidewalks, parking, landscaping and lighting in
that area
4
3.0 Determination of Study Area Conditions
Several methods were employed In determining the existing
conditions, especially with respect to previously existing
problem areas. Photographs were taken of the same areas
on 38th Ave. between Sheridan Blvd and Harlan St. as
portrayed in Appendix I of the April 11 , 2001, 38th Avenue
Blight Study by the HNTB Corporation. The photographs
were then compared to assess the improvements (see
Appendix I on page 9).
A field survey using the same form as found In Appendix II of
the above referenced report, was done on the week of Apnl
18th, 2004. The corrected conditions were marked off (see
Field Inventory Sheets on page 20 and 21)
Interviews were conducted with residents, neighbors and
business owners in the study area
5
4.0 Summary of Findings
The photographs in Appendix I essentially show the
contrasting differences that have occurred between April
2001 and April 2004 (see pages 9 through 19).
The Field Inventory Sheets in Appendix II indicate that a
major portion of the problems in the area have been
corrected (see pages 20 and 21).
The Study Area no longer impairs nor arrests the sound
growth of the 38th Avenue Corridor as evidenced by the
redevelopment of the SW corner of Benton St. and the
development of the SW corner of Depew St. The area is no
longer an economic or social liability, but a positive force in
the growth of the city
The area is no longer a menace to the public health, safety
and welfare since the area was enhanced by the completion
of the 38th Avenue Streetscape Pilot Project. New user-
friendly sidewalks and parking spaces along with the
additional landscaping and lighting have made the area the
show place of the city. The maintenance of the properties in
the area has substantially improved. Many of the buildings
have also been painted.
Interviews with residents, neighbors and business owners in
the study area all concur with the premises of this report.
Most were happy living in the area. Some, however, were
concerned about the high cost of the improvements and
further development in the area. Many felt left out of the
major decisions made in their neighborhoods.
6
It is the conclusion and recommendation of this study that
the Study Area, in its present condition and use, is not a
blighted area as defined in the Colorado Revised Statues 31-
25-103(2). By reason of the substantial improvements and
corrections of previous problems in the area, 38th Avenue
between Sheridan Blvd. and Harlan St. should be declared
~nrnJblig hted.
7
5.0 Sources
38th Avenue Blight Study, HNTB Corporation, April 11, 2001
Supreme Court of Colorado, En Bane, No 03SA329, March 1, 2004
38th Avenue & Sheridan Boulevard Neighbors Field Survey, week of
Apnl 18, 2004
Interviews, 2004
8
Figure: 3
BASE MAP
38th Avenue BlIght Study
from Wadsworth to Sheridan
City of Wheat Ridge
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Legend
Property Parcel Lines
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Street Right of Way
~ Building Footprints
I Study Area
38th Avenue Blight Study - City of Wheat Ridge
HNTB, Corp.
9
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5208 W 38th Ave.
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5900 W 38th Ave
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6000 W. 38th Ave.
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City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
the this time. Please see the Wheat ridge Clerks office if you would
like to see the map.