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HomeMy WebLinkAboutCity Council Agenda Packet 11-23-2015CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 291H AVENUE, MUNICIPAL BUILDING November 23, 2015 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a meeting ff you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES October 26,2015 and November 9, 2015 PROCLAMATIONS AND CEREMONIES CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .1 Council Bill 27-2015 -Approving a Zone Change from Residential-Two (R-2), Agricultural-One (A-1 ), Neighborhood Commercial (NC), and Planned Commercial Development (PCD) to Mixed Use Commercial (MU-C) for property located at 4600 Kipling Street (Case No. WZ-15-06/Anastasi) 2. Council Bill 25-2015-Approving the Rezoning of property located at 3790 Wadsworth Boulevard from Mixed Use-Neighborhood (MU-N) to Mixed Use- Commercial (MU-C) (Case No. WZ-15-07/Read King) CITY COUNCIL AGENDA: November 23, 2015 Page -2- DECISIONS, RESOLUTIONS AND MOTIONS 3. Resolution 52-2015 -approving submittal of the Application for a 2016 Local Government Grant to Jefferson County Open Space for Clear Creek Trail Enhancements 4. Motion to appoint District I Council Member 5. Motion to Ratify Mayoral Appointment to Wheat Ridge Housing Authority 6. Motion to Elect the Mayor Pro Tempore DISCUSSION ITEMS 1. Commercial Mobile Radio Service (CMRS) Regulations 2. Accessory Dwelling Units CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 26. 2015 Mayor Jay called the Regular City Council Meeting to order at 7:00p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLLCALL OF MEMBERS Jerry DiTullio Zachary Urban Kristi Davis Bud Starker Tim Fitzgerald George Pond Tracy Langworthy Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Police Chief Daniel Brennan; Community Development Director, Ken Johnstone; Parks Director, Joyce Manwaring; Public Works Director, Scott Brink; other staff and interested citizens. APPROVAL OF MINUTES OF Study Session Notes October 5, 2015 Councilmember Starker noted that on Page 3 the "cash on cash return" should be 15%, not 5%. Clerk Shaver said that correction would be made. Without further objection the Study Session Notes for October 5, 2015 were approved as published. PROCLAMATIONS AND CEREMONIES Freddie Steinmark Proclamation Mayor Jay introduced a short video about the celebration of Wheat Ridge High School legend, Freddie Steinmark. Following the video the mayor introduced WRHS principal, Griff Wirth, Freddie's brother Sammy, his wife Karen and their son Freddie Joe. She read a proclamation declaring November 6, 2015 as the City of Wheat Ridge Freddie Steinmark Remembrance Day. Mr. Wirth and Sammy Steinmark spoke. Councilmember Wooden presented Mr. W irth with a street sign named Freddie Steinmark Way which will be erected at the school on Friday, November 6 at 11 : 15am. The public is invited. APPROVAL OF AGENDA Motion by Councilmember Langworthy to place the reconsideration of Ordinance 1584 on the agenda; seconded by Councilmember Wooden; carried 8-0. Mr. Dahl advised it should be added under Public Hearings and Ordinances on Second Reading. City Council Minutes October 26, 2015 Page2 Mr. Goff had provided Council with packet material for Resolution No 42, a resolution approving a fourth amendment to the Wheat Rdge Town Center Project urban renewal plan to allow for the utilization of tax increment financing. Wazee Partners had applied for a TIF application for their project at 38th & Upham. The application was submitted under the Town Center urban renewal area. They have decided to withdraw that application and resubmit under another urban renewal area. Although the application has been withdrawn, the public hearing was published 30 days ago so he asked Council to add this hearing to the agenda and postpone it indefinitely. Motion by Councilmember DiTullio to add to the agenda the public hearing for Resolution No. 42-2015; seconded by Councilmember Pond; carried 8-0. CITIZENS' RIGHT TO SPEAK Kristine Disney (WR) encouraged a no vote on Question 300 focusing on the cost of a special election that the developers don't pay for. She sees no logic in having voters approve large TIFs but not small ones, and only 10-15% vote in special elections. She also stated that if 300 passes the City will be sued, thereby costing unnecessary legal fees. All these monies are needed for city services. She thinks 300 is a bad, terrible idea that will ensure the City 1) loses out on great projects, 2) loses tax revenue from new and growing businesses, and 3) has defined other more costly ways to keep the City running. Brad Cook (WR) asked people to vote no on question 300. He believes it's the duty of the mayor, staff and Council to negotiate public/private partnerships to better our city and that they should be unrestrained in their efforts; if they aren't improving our City they can be voted out. He believes this is about WaiMart; 300 may not stop Walmart and may cost the city legal fees. He believes $2.5M trivializes our infrastructure needs. He thinks 300 will complicate the approval process and delay much needed public works projects. He thinks we need to listen to our elected officials. He believes the proposed plan is uninspired and cheap-looking and that a WaiMart is not needed or wanted by WR shoppers, but he thinks 300 looks backward in an effort to get what the mayor and Council did not get. Diane Robb (WR) shared the lovely afternoon she and her husband shared at an outdoor cafe yesterday. Her daughter has returned to WR and bought her first home. WR is moving forward. She urged people to vote no on 300 because she thinks we deserve to use the same tools our neighboring towns use, 300 is poorly written and ill conceived, and the City will have to defend this in court where it has already been ruled unconstitutional by the Colorado Supreme Court. Citizens can participate in discussions by attending zoning meetings and Council meetings. Margie Seyfer (WR) urged everyone to vote no on 300 because it's about the WaiMart going in at 38th & Wadsworth. She said it's a done deal; ground-breaking is set for November. She said if 300 passes the developer will sue, it will be tied up in court for years, it will cost the City legal fees and in the end the Walmart Marketplace will be built because the developer will win. She said if 300 passes we will be closed to future City Council Minutes October 26, 2015 Page 3 development. We shouldn't go back to the past; we need to move forward with new businesses. Emery Dorsey (WR) likes living in WR. but it has been backward getting development done. He voted against 300 because he believes it will stifle the City. He said we have a lot of blighted areas in the city -large parcels of land that need infrastructure. He explained how the TIF is used to upgrade infrastructure and doesn't cost anyone anything. A TIF builds infrastructure on blighted ground so the developer can build his project. Property that is vacant generates only property tax. If we don't develop these vacant areas we won't have any more sales tax revenue coming in. We shouldn't stifle development. Dale Pitcher (Torrington, Wyoming) is a molecular physicist involved in Alzheimer's research and light, color and music therapy. They already work with Cedar Springs Hospital in Colorado Springs. He would like to put a premier facility at Fruitdale School as it is an ideal facility for their purposes. The issue with the deed will not be a problem with his project. He's aware of the proposal to put apartments and a meat processing facility at the site. He'd like to show the City his proposal as another possibility. -Mayor Jay suggested he talk to the staff. Am ira Waters (address not given) Executive Director for the Jefferson County Business Resource Center, encouraged a no vote on 300 because she feels it's bad for business and will have a negative effect on future growth opportunities. She sighted Perrin's Row and Sprouts as examples of positive progress for the City. She believes 300 blocks all new development and smart growth. She said Chipotle and Tokyo Joes are coming to 381h & Wadsworth and if 300 passes they probably won't. She said if smart growth stops, businesses lose and taxpayer costs go up. Davis Reinhart (WR} urged Council and residents to reject 300. He doesn't think there will be any special elections because developers won't do them. He doesn't think it stops good development; he thinks it stops a// development on major sites. The developer of Belmar said he would never have done his project if he'd had to have a special election. Patricia Levy (WR) addressed what she sees as a lack of accountability and possibly illegal behavior by Citizens for Inclusive Wheat Ridge (CFIWR). In recent mailings they used an altered version of one of her photographs. She related her correspondence with them and their lack of response. She received a legal opinion that this is a violation of her property rights and of copyright law. She thinks it's unethical, bad behavior, coming from the very no on 300 people that hold themselves out as the voice of accountability. Karen Berry (WR) commented on the social media posts of a former elected official who has done robocalls for Citizens for Inclusive Wheat Ridge. She quoted excerpts of the posts and labeled them classist and racist. She said Dick Matthews, the registered agent for CFIWR. owes the citizens of Wheat Ridge an apology. Additionally, CFIWR has endorsed candidates Jerry DiTullio, Monica Duran, Tom Lundy, Vivian Voth, and Larry Mathews. She called on them to immediately disclose whether or not they coordinated their campaigns in any part with CFIWR and to publicly condemn their divisive comments City Council Minutes October 26, 2015 Page 4 by the voice of CFIWR. If they don't, everyone must assume they agree with the offensive views. She urged voters not to vote for these candidates, send a message that classist, racist views will not be tolerated here, and vote no on 300. Millie Nadler (WR) donated her time to Kim Calomino. Kim Calomino (WR) spoke against Citizens for an Inclusive Wheat Ridge for violating the Fair Campaign Practices Act. It is an issues committee, but they have endorsed candidates. She said they are cheating under all the laws, and are unethical and dishonorable. It's been ten days; no action has been taken on her complaint and people are voting. She asked Council to direct the City Clerk and the City Attorney to carry out their responsibilities and address her complaint and resolve this. She asked the Clerk to give special scrutiny to the financial reports of Keep Wheat Ridge Local and CFIWR; she suspects they have not adhered to the laws that ensure transparency. She can't tell who is contributing to what or whom, or how their funding is being spent. She noted that the robocalls for candidates and Issue 300 do not tell who pays for them-which she said is also a violation. She urged people not to vote for their candidates or their ballot issue. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .L Reconsideration of Ordinance 1584 Attorney Dahl gave procedural instructions. Motion by Councilmember Langworthy to reconsider Ordinance 1584, an ordinance repealing and reenacting Article II of Chapter 9 of the Wheat Ridge Code of Laws concerning smoking in public places; seconded by Councilmember Davis; carried 7-1 , with Councilmember Fitzgerald voting no. Attorney Dahl provided further procedural directions. Noting this is not a quasi-judicial matter, he referenced emails that have been received about this. He explained that vaping is included in the definition of smoking, and the question is whether or not they want to permit vaping in smoking accessory businesses and do they want to allow smoking tobacco or vaping in traditional tobacco stores. Public comment Katherine York (Lakewood), owner of an e-liquid manufacture store in Lakewood, is co- chair of Colorado Smoke-Free Alternative Trade Association (SFATA). Her concerns are: • The intent to prevent the opening of vapor lounges -to make vape stores smoke and vapor free, but permit tobacco stores to allow smoking in their stores. • Vaping is being treated as more dangerous than smoking tobacco while there is no science showing vaping or second-hand vapor to be harmful The ordinance wrongly links vapor devices to the pot industry and tobacco. City Council Minutes October 26 , 2015 Page 5 • Vaping is placed in the definition of smoking but not included in the exemptions given to tobacco smoking. She proposed that e-cigarettes be a third category; their product isn't tobacco and it isn't pot. She said that vape shops that have been in Wheat Ridge for years are concerned about their future. Consumers expect to have the opportunity to sample the product before making a larger purchase. It's fair. Jan Firth (Aurora), member of Colorado SFATA, advocated for electronic cigarettes as an alternative to combustibles. He's concerned that local ordinances are being created based on the Colorado Clean Indoor Air Act of 2006 which hasn't been updated to keep pace with technology. He related that he kicked a 30 year smoking habit with a- cigarettes. He believes it's unfair that tobacco shops can allow smoking, but vape stores cannot. He'd like to see vaping allowed in a vapor stores. Cindy Gillaspie (WR) is an owner of Pirate Vapor on Wadsworth since June 2013. It's a mom-and-pop, family owned business. She told how she quit 35 years of smoking with an e-cigarette. -Their business is built on custom juice mixing. Because they cater to people with allergies and other special ailments, testing is essential. Their products contain no nicotine; they don't sell pipes or hookahs; customers must be 18 or older; no one else is exposed.-Customers from in and out of state pay sales tax and shop at other Wheat Ridge stores. -This ban has already impacted their business as shoppers go to other cities that allow sampling and have begun buying smaller quantities because they want to sample before committing to a larger quantity. -She said there is no empirical evidence that second hand vapor causes damage. They'd like to be treated fairly and with the same respect that tobacco stores receive. Matthew Anderson (WR), manager of a vapor store in Lakewood, said they don't want to be linked in with smoking because they're a smoking cessation product; they want to get people away from tobacco. There is no combustion. He commented on the lack of empirical evidence that vapor is harmful. He feels better and his breathing has improved since using e-cigarettes. They care about people's health. They'd like consideration. Kathi Johnson (Arvada) has a business on W. 44th. She distributed a power point presentation and went through it. • Vaping isn't smoke, it's vapor. It's more like a humidifier. Some products have no nicotine. She passed out a power point presentation to the Council and went through it: • She referenced the long list of harmful ingredients in cigarettes • E-cigarettes contain glycerin (in vegetables), propylene glycol (used in asthma inhalers), food grade flavoring, and (sometimes) nicotine-extracted from tobacco and added in small amounts to wean people off their nicotine addictions. • Cities that allow exceptions to their smoking restrictions include Arvada, Lakewood, Littleton, Westminster, Northglenn, Thornton, and Denver. She has copies of their ordinances. • The FDA reports that 1) a-cigarettes haven't been fully studied, and 2) there is no study showing that a-cigarettes lead teens to try tobacco. City Council Minutes October 26, 2015 Page6 A study in England reassures e-cigarette users that the health risk is relatively small, that it provides a public health opportunity for tobacco smokers to quit, and actually encourages smokers to try vaping. • Arvada doesn't allow smoking in tobacco shops, but allows vaping in vape shops. Wheat Ridge is doing the opposite. This fact went viral on the internet. Pictures of Wheat Ridge tobacco shops show pipes, bongs, hookahs, and meth glass pipes for sale. They have a smoking lounge and sell pop and candy. • Pictures of their vapor store show they only sell high end devices and juices. Their products have nothing to do with marijuana; marijuana gums up their devices. People asking for marijuana are sent away. • The average age of their customers is 45 and above. Right now their choices are making their customers smoke on a porch 15 feet from the front door, be forced to sell tobacco products (so that sampling will be allowed)-which they don't want to do, or just closing their shop. She wishes Council was more educated before they passed this. Nate Morin (WR) He and his partner go to CU and CSU; they own the vapor shop on W . 44th Ave. He watched a replay of the meeting where this was passed and offered response to some of the remarks at the hearing: • Vaping and smoking are two separate things. • He gave several common examples of how people do sample retail products. • Their product leaves no cigarette butts. • All samples are done with zero nicotine. • Cigarettes contain an average of 4,000 chemicals. Vaping juice has 3-4. • He quoted a chemical engineer from Mines who stated the ingredients of vapor juice are propylene glycol, vegetable glycerin, and natural and artificial flavoring. • Using a properly assembled e-cig you would inhale water vapor, nicotine and trace amount of propylene glycol. • Sampling is essential for this healthier alternative to cigarettes. Monica Vondruska (Golden) owns two vape shops, in Denver and Arvada. She related facing a similar situation in Arvada as this one. An amendment was added so she didn't have to close her store. She said it's vital for consumers to try the product when switching from cigarettes. She stated this restriction creates a competitive disadvantage for vape shops in Wheat Ridge; you are putting them out of business. We have the lowest smoking rate since the 1940's due to e-cigs. Teen smoking is down 30-40% due to e-cigs. This ordinance sends the completely untrue message that e-cigs are not a viable option to replace traditional cigarettes. Thousands, maybe millions, have quit smoking using e-cigs. Charmain Brittain (LW) spoke again about the dangers of smoking and vaping. She said the science is emerging and vapor liquids contain chemicals. She believes it's harmful; we just don't know to what degree. She said big tobacco is putting a lot of money into a-cigarettes and some studies show that vaping doesn't help quit smoking, but makes one a dual user. She said the study quoted earlier saying that teen smoking is down uses the wrong statistics, because teens are vaping -vaping chemicals and possibly marijuana. -She thanked Council for listening to community concerns on the City Council Minutes October 26, 2015 Page 7 smoke and vapor free ordinance. She'd like to see the ordinance reconsidered to have liquids added to the definition of tobacco. They believe the intent of Council was to prohibit vapor lounges; they do want to have an exemption for retail businesses like El Cid's to offer smoking of tobacco -not vaping. The amendment went against the intent of the Council. She also asked for two clarifying amendments to ensure no vapor lounges will be set up and to prevent possible concealment of marijuana in the devices. Laurie Odom (WR) supports smoke and vapor free. She urged removal of the Oct 12 amendment and the addition of their two clarifying amendments. They'd like Council to amend the definition of a retail tobacco business and strike the term tobacco products. These products can be sold in stores that don't allow sampling. She said a study shows that teen use of a-cigarettes has tripled the last few years, and another study shows that within one year youth move from a-cigarettes to regular cigarettes and other drugs. -She reported that sampling was taken away from vape shops in Greeley and the stores are still in business. Jennifer Yates (WR) hopes the original intent of Council is upheld. She doesn't believe anyone will be put out of business; they just may have to change their business model. She thinks it's absurd to advocate vaping as a safe alternative to cigarettes, while pointing out there are other safe, approved ways to quit smoking. -She closed with quotes from the American Lung Association website -all negative to e-cigs. Cory Vigil (Lakewood), CEO of a large e-juice company, said he gets email from people of all ages thanking him for helping them to quit smoking. He quit smoking with a- cigarettes. He believes that if you don't allow vaping you are removing one way for people to quit smoking. Not all cessation methods work for everyone. He trusts that vaping works, and added that these products generate revenue. Kevin Price (Littleton), co-chair for SFATA, owns an e-juice manufacturer. They voluntarily send out for testing to make sure their products are safe. He said the juice contains no toxins. The levels of toxicity and particulate matter for vapors are not much higher than in a non-smoking environment; the levels for a tobacco smoking environment are 100 times higher. He contended that the things that are being said are misleading. To the claims they market to children, he said they don't. He explained the flavors are for adults; people don't want ash-tray flavor. -He doesn't understand why you would allow smoking in a smoke shop, but not allow vaping in a vape shop. Some juices do contain nicotine, but there is no combustion, no fire. Adam Schendel (Haxtun, CO) drove 150 miles for this meeting. He is co-chair of the SFATA and owns a store. He explained that he and his brother (who is 18 and a football player) both have severe asthma. Since vaping their asthma doctor has told both of them their asthma is improving. Propylene glycol (in vapor juice) is a main ingredient in their asthma inhalers. He said vaping is not about pot or weed or pipes; they want to help people quit smoking. For those suspicious about the flavors he noted there is bubble gum flavored vodka. He said sampling is important to the process and he hopes the shops will be allowed to offer samples. This should not be classified as tobacco. City Council Minutes October 26 , 2015 Page 8 Scott Jackson (Boulder) said he used to do both (traditional cigarettes and e-cigarettes). Gradually he smoked fewer cigarettes and now just vapes. He is healthier and feels better because of vaping. He questions the studies that claim teen smoking has tripled. Council questions followed. • Councilmember Fitzgerald asked if any other cities have 3 categories. Catherine York said Arvada does. Mr. Dahl reported having a copy of the Arvada ordinance. • Mayor Jay asked about prices for the devices and supplies. • Councilmember Davis asked for clarification about age. Under 18 can't come in. Mr. Dahl explained the options. He also said Council could reconsider this and postpone the decision to a date in the future. The ordinance will remain in place until a decision is made. Discussion followed. Motion by Councilmember Langworthy to continue the reconsideration of the smoking ordinance, and to have staff bring forward options-including the Arvada ordinance, to the study session of November 16; seconded by Councilmember Davis ; carried 8-0. 2. Resolution No. 42-2015-A resolution approving a fourth amendment to the Wheat Ridge Town Center Project Urban Renewal Plan to allow for the utilization of Tax Increment Financing Wazee Partners had submitted a TIF application for their project at 381h & Upham. The application was submitted under the Town Center urban renewal area. They have decided to withdraw that application and resubmit under another urban renewal area. Because a public hearing was advertised before the original application was withdrawn it is necessary to conduct the public hearing. Mayor Jay opened the public hearing. No one was present to speak. Mayor Jay closed the public hearing. Motion by Councilmember Ditullio to indefinitely postpone Resolution No. 42-2015; second by Councilmember Davis; carried 8-0 The published agenda was resumed, with original Item 1. renumbered as Item 3. ft. City Council Minutes October 26, 2015 Page 9 3. Council Bill24-2015-Amending Section 5-38 and Chapter 16 of the Wheat Ridge Code of Laws to place limits on the hours of private construction activity in the City and providing a remedy for violations of the same Councilmember Urban introduced Council Bill 24-2015. Staff proposed this broader definition of "construction activities" and the limitation of hours. Council agreed on 7 AM to 7PM and asked that interior construction which does not generate unreasonable noise be exempted from the hours of activity. Clerk Shaver assigned Ordinance 1585. Mayor Jay opened the Public Hearing. There was no staff presentation or discussion. Mayor Jay closed the Public Hearing. Motion by Councilmember Urban to approve Council Bill No. 24-2015 -an ordinance Amending Section 5-38 and Chapter 16 of the Wheat Ridge Code of Laws to place limits on the hours of private construction activity in the City and providing a remedy for violations of the same on second reading, and that it take effect 15 days after final publication; seconded by Councilmember Starker; carried 8-0. ORDINANCES ON FIRST READING 4. Council Bill 27-2015 -An ordinance approving a zone change from Residential-Two (R-2), Agricultural-One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use-Commercial (MU-C) for property located at 4600 Kipling Street (Case No. WZ-15-05/Anastasi) Councilmember Wooden introduced Council Bill 27-2015. The zone change is the first step in the process for redevelopment as Mixed Use- Commercial. If approved, all further review will be done administratively by the staff with no requirement for any further public hearing. Motion by Councilmember Wooden to approve Council Bill 27-2015. an ordinance approving a zone change from Residential-Two (R-2), Agricultural-One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use-Commercial (MU-C) for property located at 4600 Kipling Street (Case No. WZ-15- 05/Anastasi), on first reading, order it published, Public Hearing set for Monday, November 23, 2015, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication, seconded by Councilmember Langworthy; carried 8-0 . City Council Minutes October 26, 2015 Page 10 ~ Council Bill 25-2015-An ordinance approving the rezoning of property located at 3790 Wadsworth Boulevard from Mixed Use-Neighborhood (MU-N) to mixed Use-Commercial (MU-C) (Case No. WZ-15-07/Read King) Councilmember DiTullio introduced Council Bill 25-2015. The purpose of rezoning the southeast corner of 381h & Wadsworth is to expand allowed uses including the possible redevelopment of the site as a freestanding emergency room. Motion by Councilmember DiTullio to approve Council Bill 25-2015. an ordinance approving the rezoning of property located at 3790 Wadsworth Boulevard from Mixed Use-Neighborhood (MU-N) to mixed Use-Commercial (MU-C) (Case No. WZ-15-07/Read King), on first reading, order it published, Public Hearing set for Monday, November 23, 2015, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication, seconded by Councilmember Starker; Councilmember Davis acknowledged that she works for SCL Health and has made a comment about free-standing ED's on her Facebook page. She answered a series of questions posed to her by Mr. Dahl. She stated she believes she can make a fair and unbiased decision on this matter tonight and at the public hearing. Motion carried 6-2, with Councilmembers Urban and Davis voting no. 6. Council Bill 26-2015-An ordinance amending the Wheat Ridge Code of Laws to give the Director of Parks and Recreation the authority to determine when, where and under what conditions sledding will be allowed on City property Councilmember Fitzgerald introduced Council Bill 26-2015. Current City Code prohibits sledding in any City park, open space or recreational facility. This ordinance will allow the director of the Parks and Recreation Department to permit sledding at specific locations and under certain conditions. Motion by Councilmember Fitzgerald to approve Council Bill 26-2015. an ordinance amending the Wheat Ridge Code of Laws to give the Director of Parks and Recreation the authority to determine when, where and under what conditions sledding will be allowed on City property, on first reading, order it published, Public Hearing set for Monday, November 9, 2015, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication, seconded by Councilmember DiTullio; carried 8-0. City Council Minutes October 26, 2015 Page 11 DECISIONS. RESOLUTIONS AND MOTIONS 7 . Resolution No. 45-2015-A Resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2016 Budget Year Councilmember Langworthy introduced Resolution No. 45-2015. The proposed 2016 budget includes the following: • $7.3 million in proposed expenditures directly linked to City Council strategic goals • A balanced General Fund budget in the amount of $30,989,644 • A transfer of $990,646 to reserves to maintain 17 % minimum reserve level • A General Fund transfer of $2,800,000 to the Capital Investment Program (CIP) • A General Fund transfer of $100,000 to the Capital Equipment Replacement Fund • A .4% increase in the General Fund budget compared to the adjusted 2015 Budget • Proposed CIP Fund in the amount of $5,879,821 • Special Revenue Funds in the amount of $5,335,904 • Proposed budget (all funds) in the amount of $42,205,369 There was no presentation or discussion. Motion by Councilmember Langworthy to approve Resolution No. 45-2015 -A Resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2016 Budget Year; seconded by Councilmember Wooden; carried 8-0. 8. Resolution No. 44-2015-a Resolution levying General Property Taxes for the year 2015, to help defray the cost of Government for the City of Wheat Ridge, Colorado for the 2016 Budget Year Councilmember Pond introduced Resolution 44-2015. The City's mill levy will remain at 1.830, potentially raising $854,497 in property tax revenue-an increase of $114,567 compared to 2014. Motion by Councilmember Pond to approve Resolution 44-2015-a resolution levying General Property Taxes for the year 2015, to help defray the cost of government for the City of Wheat Ridge, Colorado for the 2016 Budget Year; seconded by Councilmember Langworthy; carried 8-0. City Council Minutes October 26, 2015 Page 12 9. Approval of award of Right-of-Way Maintenance Services to Terracare Associates of Centennial, Co., in the annual amount of $59,345 Councilmember Starker introduced Item No. 7. This Right-of-Way (ROW) maintenance includes weed control by chemical application, mowing, trimming, trash and debris removal, and sidewalk/median cleaning. Provided are year-round services, as and where needed-anticipating five cycles of chemical weed control, seven cycles for mowing and trimming services, and 12 cycles each for trash and debris removal and for sidewalk/median clean A formal procurement process was conducted; three qualified responses were received. Vendor selection was based on qualifications, experience, approach, workloads, and cost. Terracare Associates provided the only in-budget response. Motion by Councilmember Starker to approve the award of right-of-way maintenance services to Terracare Associates of Centennial, Co., in the annual amount of $59,345; seconded by Councilmember DiTullio: carried 8-0. 10. Cancellation of the City Council Meetings of November 2nd, December 21 st and December 281h due to the election and holidays. Motion by Councilmember Davis to cancel the meetings of the City Council on Monday, November 2, December 21 and December 28, 2015; seconded by Councilmember Starker; carried 8-0. CITY MANAGER'S MATTERS Mr. Goff thanked Tracy Langworthy for her eight years of service to the City. CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS Clerk Janelle Shaver said she would not address the comments that were made earlier in the meeting except to say that this is about all she did last week. It was consuming- day and night.. Mayor Joyce Jay thanked Tracy Langworthy for her service. Genevieve Wooden thanked Tracy Langworthy for her service. -She thanked those who attended the Steinmark proclamation. November 6 at Wheat Ridge High School will be the Street dedication and ceremony at 11 : 15am. City Council Minutes October 26, 2015 Page 13 Tracy Langworthy cautioned folks to watch out for trick-or-treaters this weekend, and reflected on her last eight years. Tim Fitzgerald thanked Tracy Langworthy for the advice she has given him since he came on Council. -He encouraged people to vote. George Pond thanked the people who came tonight to provide input. -He thanked Tracy Langworthy for her years of service. Bud Starker thanked Tracy Langworthy for her service. -He thanked the volunteers for their tribute to Mr. Steinmark. -He thanked the parents and children who came to the pumpkin carving contest at W. 29th Marketplace this past Sunday. The pumpkins are on display at the merchants there. -He gave a shout out to the volunteers and attendees who came to the Trunk or Treat event on Saturday. Zach Urban thanked the volunteers who helped with the pumpkin carving contest and thanked Tracy Langworthy for her public service. Kristi Davis thanked Tracy Langworthy for her work. -She thanked the folks who organized Trunk or Treat.-She thanked Genevieve for her work with the Freddie Steinmark celebration. -She thanked Heather Geyer for her work on the budget. ADJOURNMENT The meeting was adjourned at 9:42pm. APPROVED BY CITY COUNCIL ON November 23, 2015 The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 9, 2015 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLLCALL OF MEMBERS Jerry DiTullio Zachary Urban Kristi Davis Bud Starker Tim Fitzgerald George Pond Tracy Langworthy Genevieve Wooden Also present: City Clerk, Janelle Shaver; Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Police Chief Daniel Brennan; Parks & Recreation Director, Joyce Manwaring; Community Development Director, Ken Johnstone; Public Works Director, Scott Brink; Administrative services Director, Heather Geyer; other staff and interested citizens. APPROVAL OF MINUTES OF October 12, 2015 Without objection the minutes of October 12, 2015 were approved as published. SWEARING IN CEREMONY Judge Randall Davis administered the Oath of Office for the newly elected officials. City Clerk -Janelle Shaver Treasurer-Jerry DiTullio Councilmembers -Monica Duran, Kristi Davis, George Pond, and Larry Mathews PROCLAMATIONS AND CEREMONIES Recognition of outgoing Treasurer and Council Members Mayor Jay recognized outgoing Treasurer, Larry Schulz and outgoing Councilmembers Bud Starker, Jerry DiTullio, and Tracy Langworthy. Each received a framed photograph of the Wheat Ridge Greenbelt as a parting gift. CITIZENS' RIGHT TO SPEAK Sarah Booster (Lakewood), social worker at Everitt Middle School, is planning an event on December 10 from 4-?pm. It will be a community Resource Fair to let people know what services they have available to them, and provide a way for more affluent families to see where they can give back. City Council Minutes November 9, 2015 Page 2 Guy Namiach (WR), president of the Everitt PTA, stated that sixteen agencies from Jeffco and Denver will be represented at the Resource Fair. The fun part of the event will be a cake auction. High school and feeder schools will be invited. More details will follow. Margie Seyfer (WR) thanked Larry Schulz, Bud Starker and Tracy Langworthy for their service to the City. Kim Calomino (WR) welcomed the new councilmembers and thanked Larry Schulz, Bud Starker and Tracy Langworthy for their service to the City. APPROVAL OF AGENDA Motion by Councilmember Duran to add to the agenda discussion regarding the vacancy in District 1 [created by Jerry DiTullio's resignation to serve as treasurer]; seconded by Councilmember Urban; carried 7-0. At Mr. Dahl suggestion it was added as agenda item number 4. 1. Consent Agenda Councilmember Davis introduced the Consent Agenda. a. Motion to award a contract and approve payments(s) for Herbicide application services in non-turf areas to Vegetation Management Inc., Evergreen, CO., in the annual amount of $34,867 [For weed control, February to November, in areas in parks, rights-of-way, and open space] b . Motion to award contract and approve payment(s) for on-call storm sewer maintenance services to Quality Pipe Services of Englewood, Colorado in an amount not-to-exceed $40,000 [Budgeted in Public Works General Fund] c. Motion to award a contract and approve payment for structural engineering services for bridge rehabilitation to Est, Inc., Denver, Co, in the not-to-exceed amount of $85,750 [For joint repair and rail updating for bridges over Clear Creek at Marshall, 441h Ave and Youngfield] d. Resolution No. 46-2015-approving the purchase of two replacement police special service vehicles, amending the Fiscal Year 2015 General Fund Budget. and approving a Supplemental Budget Appropriation in the amount of $95,756 [Vehicles involved in accidents, beyond repair; funding not budgeted; supplement required] Motion by Councilmember Davis to approve Consent Agenda Items 1a, 1b, 1c, and 1d; seconded by Councilmember Pond; carried 7-0. City Council Minutes November 9, 2015 Page 3 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill Council Bill 23-2015-Approving a Zone Change from Residential- One (R-1) to Mixed Use-Neighborhood (MU-N) for property located at 10191 W. 381h Avenue (Case No. WZ-15-06/Buck) Councilmember Pond introduced Council Bill 23-2015. Rezoning is the first step for redevelopment of the site under MU-N . If approved, all further review will be done administratively with no public hearings required. Clerk Shaver assigned Ordinance 1586. Mayor Jay opened the Public Hearing and swore in the speakers. Ken Johnstone gave the staff presentation. He entered into the record the content of the presentation, the zoning code, the City's Comprehensive Plan, and the packet material. The property is located on 38th Avenue, west of Kipling on the north side of the street, immediately west of the dental offices. This area is appropriate for residential, light commercial or mixed use. Neighborhood meetings were held with no concerns raised. All agencies can serve the property. The Planning Commission recommends approval as the zone change responds to redevelopment in the area and it is compatible with the surrounding area. Council questions • Councilmember Urban inquired how the applicant letter could claim no significant impact to traffic when the use has yet to be determined. Mr. Johnstone stated that the property is only .4 acres so any use will not have much impact. Additionally the purpose of the rezoning when no use is identified is to position the property for reinvestment; the MU-N zone is attractive. • Councilmember Mathews asked about height limits. Standard height limitations are in place (35' for residential and 50' for commercial); no exemptions will apply. Mayor Jay closed the Public Hearing. Motion by Councilmember Pond to approve Council Bill No. 23-2015 -an ordinance approving a zone change from Residential-One (R-1) to Mixed Use-Neighborhood (MU- N) for property located at 10191 W. 38th Avenue (Case No. WZ-15-06/Buck) on second reading, and that it take effect 15 days after final publication, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements, as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws. seconded by Councilmember Fitz; carried 7-0. City Council Minutes November 9, 2015 Page4 3. Council Bill 26-2015 -Amending the Wheat Ridge Code of Laws to give the Director of Parks and Recreation the Authority to Determine when, where and under what conditions sledding will be allowed on City Property Councilmember Fitzgerald introduced Council Bill 26-2015. Current City Code prohibits sledding in any City park, open space or recreational facility. This ordinance will allow the director of the Parks and Recreation Department to permit sledding at specific locations and under certain conditions. Clerk Shaver assigned Ordinance 1587. Mayor Jay opened the Public Hearing. Jerry Dahl remarked that this removes the blanket prohibition to sledding by giving the Parks Director authority to permit sledding at certain times and places. There was no public testimony and no questions from the Council. Mayor Jay closed the Public Hearing. Motion by Councilmember Fitzgerald to approve Council Bill No. 26-2015 -an ordinance amending the Wheat Ridge Code of Laws to give the Director of Parks and Recreation the Authority to Determine when, where and under what conditions sledding will be allowed on City Property, on second reading, and that it take effect fifteen days after final publication; seconded by Councilmember Wooden; carried 7-0. 4. Discussion about the process to fill the vacancy in District 1. Councilmember Duran introduced the item. She distributed a handout with her thoughts about an open, transparent process to fill the vacant Council seat occasioned by Jerry DiTullio's resignation to become Treasurer. Jerry Dahl explained that the Charter provides that the City Council is to appoint a replacement within 30 days of the vacancy. Discussion followed. Motion by Councilmember Pond to allow Bud Starker to speak; seconded by Councilmember Fitzgerald ; carried 4-3, with Mathews, Duran and Urban voting no. Bud Starker was asked if he would be willing to serve as Councilmember for District 1. He said he was. City Council Minutes November 9, 2015 Page 5 Motion by Councilmember Pond to appoint Bud Starker to fill the vacancy for District 1; second by Councilmember Fitzgerald; Councilmember Urban called a point of order that the item added to the agenda was for discussion of the process -not the appointment to fill the vacancy. Mayor Jay ruled that the motion was appropriate. Mr. Dahl advised that the agenda item did call for discussion of the process, but there are a number of actions the Council could take, including the appointment of a replacement. Discussion followed. Councilmember Mathews raised a point of order asking if the public would be allowed to comment; no notice had been published about doing this appointment tonight. Mr. Dahl said that public comment, although traditionally allowed, is optional and at the pleasure of the Council. There was more discussion. Motion by Councilmember Pond to lay the pending motion for appointment on the table until November 23 to allow for public comment at the November 16 Study Session and that in the interim eligible persons interested in serving be asked to submit expression of interest to the City Clerk by Friday, November 13; seconded by Councilmember Fitzgerald; carried 7-0. ORDINANCES ON FIRST READING 5. Council Bill 28-2015 -approving a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4340 Harlan Street (Case No. WZ-15-08/Lightway) Councilmember Urban introduced Council Bill 28-2015. Rezoning is the first step for redevelopment of the site under MU-N. If approved, all further review will be done administratively with no public hearings required. Motion by Councilmember Urban to approve Council Bill 28-2015. an ordinance approving a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4340 Harlan Street (Case No. WZ-15-08/Lightway), on first reading, order it published, Public Hearing set for Monday, December 14, 2015, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication, seconded by Councilmember Davis; carried? -0 . City Council Minutes November 9, 2015 Page 6 6. Council Bill 29-2015 -approving the rezoning of property located at 10590 West 44th Avenue from Planned Commercial Development (PCD) to Mixed Use- Neighborhood (MU-N) (Case No. WZ-15-04/Golabek) Councilmember Wooden introduced Council Bill 29-2015. The applicant requests a zone change to MU-N to expand permitted uses for the site, including residential. If the rezoning is approved all further review will be done administratively with no public hearings required . Motion by Councilmember Wooden to approve Council Bill 29-2015. an ordinance approving the rezoning of property located at 10590 West 44th Avenue from Planned Commercial Development (PCD) to Mixed Use-Neighborhood (MU-N ) (Case No. WZ-15- 04/Golabek), on first reading, order it published, Public Hearing set for Monday, December 14, 2015, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication, seconded by Councilmember Pond; carried 7-0. CITY MANAGER'S MATTERS Patrick Goff welcomed the new folks on the Council and thanked the outgoing elected officials. CITY ATTORNEY'S MATTERS Mr. Dahl noted that he is asking for an executive session following adjournment of the meeting. Councilmember Davis will make the motion. ELECTED OFFICIALS' MATTERS Genevieve Wooden thanked Tracy Langworthy, Bud Starker, and Larry Schulz. -She reported that WR High School won their football game Friday night and will be advancing to the regionals. The game is this Saturday at Jeffco Stadium. -She expressed a desire to have arrangements made for the new Council to have a retreat. Larry Mathews thanked the voters for putting faith in him; he's looking forward to working with the other councilmembers. Tim Fitzgerald thanked Larry Schulz and the outgoing councilmembers. George Pond thanked the voters who supported him, and thanked Larry Schulz, Bud Starker, Tracy Langworthy and Jerry DiTullio. Monica Duran thanked the voters in District 1 and her family for being supportive; Jerry and Julie DiTullio for their help; and all the people who helped get 300 passed. Zach Urban thanked Janet Leo, Tom Lundy, and Bud Starker who ran but didn't win. He knows it's tough to lose and he appreciates their willingness to be candidates. - City Council Minutes November 9, 2015 Page7 He restated the invitation to the public of the Dec 10 Resource Fair and Cake Auction at Everett Middle School.-He announced that Fran 's Cafe was closed for upgrades but will be having a lasagna dinner the evening of Sunday, Nov 22 to celebrate their re-opening. Kristi Davis thanked the outgoing elected officials and the new ones. She thanked the voters in District 2 for their support. Janelle Shaver publicly thanked Janice Smothers for all her work making all the many arrangements for the transition tonight -the ceremony and reception. Her efforts are much appreciated. Joyce Jay welcomed the new Councilmembers and thanked the outgoing ones. Motion by Councilmember Davis to go into executive session for a conference under Charter section 5.7(b)(1) and Section 24-6-402(4)(b), C.R.S., specifically for legal advice from the City Attorney and appropriate staff concerning the legal effects of HB1348 and Ballot Question 300 and options for City action in connection therewith, and further to adjourn the Council meeting at the conclusion of the executive session; seconded by Councilmember Pond; carried 7-0. ADJOURN to Executive Session The regular meeting was adjourned at 8:40pm. The Executive Session commenced in the Lobby Conference Room at 8:45pm and adjourned at 1 O:OOpm. Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON November 23, 2015 Mayor Pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ' . ., ~ .. City or JP'WheatR.i_dge ITEM NO: DATE: November 23, 2015 REQUEST FOR CITY CO UNCIL ACTION TITLE: COUNCIL BILL NO. 27-2015 -AN ORDINANCE APPROVING A ZONE CHANGE FROM. RESIDENTIAL-TWO (R-2), AGRICULTURAL-ONE (A-1), NEIGHBORHOOD COMMERCIAL (NC) AND PLANNED COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE-COMMERCIAL (MU-C) FOR PROPERTY LOCATED AT 4600 KIPLING STREET (CASE NO. WZ-15- 05/ ANA STASI) ~ PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS ISSUE: 0 ORDINANCES FOR 1sT READING (10/26/2015) ~ ORDINANCES FOR 2ND READING (I 1/23/2015) ~ YES This application is for approval of a zone change from Residential-Two (R-2), Agricultural-One (A-1 ), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use-Commercial (MU-C) for property located at 4600 Kipling Street. The zone change is the first step of the process fo r approval for redevelopment of this site under MU-C zoning. If approved, and prior to any construction, a conceptual site plan and a site development plan review will be required to confirm compli ance with the City zoning code and the Architectural and Site Design Manual. These reviews would be administrative with no additional public hearings required. A consolidation plat would be required as well. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 1, 2015. The Planning Commission recommends approval of this request. The staff report and meeting mi nutes from the Planning Commission public hearing have been attached. Council Action Fonn -Zone Change for 4600 Kipling StTeet November 23, 20 15 Page2 FINANCl AL IMPACT: Fees in the amount of $2,392 were collected for tl1e review and processing of Case No. WZ-15-05. If the proposed rezoning is approved, there could be an advancement of the City's goals for economic development, including the redevelo pment ofunderutilized properties and investment in the Kipling Street corridor. BACKGROUND: Subject Property The property is located at the northeast comer ofW. 441h Avenue and Kipling and includes four vacant parcels. All four lots are under single ownership and the total size of the site is approximately 12.4 acres. The parcel at the hard comer of 44th and Kipling is excluded from the subject site; this property is under separate ownership and includes a fueling station and convenience store. Surrounding Land Uses The properties that surround the subject site include a variety ofland uses and zoning designations. To ilie east is Pennington Elementary which is zoned R-2, and to the northeast is Ketelsen Campers (an RV dealer) zoned PCD. Across W. 44th Avenue to the south are small commercial properties zoned C-1. Across Kipling to the west are the Kipling Village and Camelot Club Apartments zoned R-3 and PRO, an herbal supplement store zoned C-1, an office building zoned NC, and a church with split zoning. Current and Proposed Zoning The property currently has four separate zonings on it -R-2. A-1, NC and PCD. The R-2 zoning allows sjngle and two-family dwellings. The A-1 zoning also has a limited-use list and includes single family residential and agricultural uses such as general fanning, horse stables and landscape nurseries. The NC zone district is the City's most restrictive commercial zone district, allowing low impact uses such as small offices and personal services. The Planned Development zoning on the north end generally allows C-1 uses. The purpose of the MU-C zone district is to create a flexible approach to land u e and to enhance the character of the City's commercial co1Tidors by promoting development that accommodates a mix of land uses, is more urban in character, and is more pedestrian fi·iendly. There is no development scenario proposed for the property at this time. The appLication has been through the standard referral process with no concerns raised by any outside agencies or C ity departments. A separate refenal process will be required as part of future site redevelopment. RECOMMENDED MOTION: "I move to approve Council Bill No. 27-2015, an ordinance approving a zone change from Residential-Two (R-2), Agricultural-One (A-1 ), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use-Commercial (MU-C) for property Council Action Fonn -Zone Change for 4600 Kipling Street November 23,2015 Page 3 located at 4600 Kipling Street on second reading and that it take effect 15 days after final publication for the following reasons: OR. 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning bas been reviewed by the Planning Commission, whjch has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-I I 2-E of the Code of Laws." "I move to deny Council Bill No. 27-2015, an ordinance approving a zone change from Residential-Two (R-2), Agricultural-One (A-1 ). Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use-Commercial (MU-C) for property located at 4600 Kipling Street for the following reasons: I. 2. 3. and direct the City Attorney to prepare a Resolution ofDerual, to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: l. Council Bill No. 27-2015 2. Planning Commission staff report 3. Planning Commission minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER WOODEN COUNCIL BILL NO. 27 ORDINANCE NO.---- Series of 201 5 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL-TWO (R-2), AGRICUL TURAL·ONE (A-1 ), NEIGHBORHOOD COMMERCIAL (NC), AND PLANNED COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE COMMERCIAL (MU-C)) FOR PROPERTY LOCATED AT 4600 KIPLING STREET (CASE NO. WZ-1 5-05/ANASTASI) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and , WHEREAS, 4600 Kipling LLC has submitted a land use application for approval of a zone change to Mixed Use Commercial zone district for property located at 4600 Kipling Street; and, WHEREAS, the subject property has long been underutilized, and the Mixed Use -Commercial zone district will accommodate redevelopment of the site; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan-Envision Wheat and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by 4600 Kipling LLC for approval of a zone change ordinance from Residential-Two (R-2), Agricultural-One (A-1 ), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use- Commercial (MU-C) for property located at 4600 Kipling Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL 1: Lot 1, Block 1, CHADO SUBDIVISION County of Jefferson, State of Colorado. Attachment 1 PARCEL II: Beginning at the Southwest corner of Tract 13, JUCHEM'S GARDEN PLACE; thence North along the West line of said Tract 13, 36 feet; thence East on a line parallel to the South line of Tract 13, JUCHEM'S GARDEN PLACE, to center line of Third Street; thence South along the center line of Third Street 66 feet to center line of Flora Street; thence West along the center line of Flora Street to a po int which is 30 feet South of the Southwest corner of said Tract 13; thence North 30 feet to the Southwest corner of said Tract 13, which is the place of beginning. EXCEPT that portion of the above-descri bed property described in Deed recorded February 16, 1969, in Book 1175, at Page 522. AND EXCEPT that portion of the above-described property described in Deed recorded September 8, 1969, in Book 2130, at Page 552. AND EXCEPT that portion of the above-described property described in Deed recorded August 18, 1988, at Reception Number 88080612, (intending to convey the South 36 feet of Tract 13, JUCHEM'S GARDEN PLACE, together with Y2 of the vacated streets adjoining thereto, all situate in Section 22, Township 3 South, Range 69 West) County of Jefferson, State of Colorado. PARCEL Ill: That portion of the Southwest ~ Northwest ~ Northwest ~ of Section 22, Township 3 South, Range 69 West of the 61h P.M., described as follows: The West 330.57 feet of the South 150 feet of the North 594 feet, EXCEPT that portion conveyed to the Department of Highways, State of Colorado in Deed recorded August 11 , 1969, in Book 2124, at Page 188; AND EXCEPT any portion described in Deed recorded December 11, 1986, at Reception Number 86153163, County of Jefferson, State of Colorado. PARCEL IV: That part of the Northwest ~ of Section 22, Township 3 South, Range 69 West of the 6th P.M., described as follows: Commencing at the Northwest corner of Section 22, Township 3 South, Range 69 West of the 6th P.M.; thence South 00°09' West, along the West line of said Section 22, 660.00 feet; thence North 89°55' East, 45.00 feet to the true point of beginning; thence North 89°55' East, 285.45 feet; thence South 00°08' West, 444.00 feet; thence South 89°55' West, 285.57 feet; thence North 00°09' East, 444.00 feet to the true point of beginning. County of Jefferson, State of Colorado. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained . Section 4. Severability: Conflicting Ordinance Repealed . If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 261h day of October, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, November 23, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 23rd day of November, 2015. SIGNED by the Mayor on this ___ day of ______ , 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 151 publication: October 29, 2015 2 nd publication: Wheat Ridge Transcript: Effective Date: Approved as to Form: Gerald Dahl, City Attorney ~~4~ ... , ., City of • .. ~Wheat:&_dge _Yc"OMMUNilY DEVELOPMENT CITY OF \VHEAT RIDGE CO~~TY DEVELOPMENTSTAFFREPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTI ON REQUESTED: LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COM PREHENS~EPLAN ZONING ORDINANCE CASE MANAGER: M. Reckert October I. 20 15 WZ-15-05/ Anastasi Approval of a zone change from Residential-Two (R-2), Agriculntral-One (A-I), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use-Commercial (MU-C) 4600 Kipling 4600 Kipling LLC 12.54 acres Residential-Two (R-2), Agricultural-One (A-1 ), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) Primary Commercial Corridor, Mixed Use Commercial CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Attachment 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a zone change from Residential-Two (R-2), Agricultural-One (A-I). Neighborhood Commercial ( C) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU-C) for property located at 4600 Kipling Street. The zone change is the first step of the process for approval for redevelopment ofthis site under M U-C zoning. If approved, and prior to any construction, a conceptual site plan and a site development plan review will be required to contim1 compliance with the city zoning code and the Architectural and Site Design Manual. These reviews would be administrative with no additional public hearings required. A consolidation plat would be required as well. The purpose ofthe rezoning is to modify the list of uses and to simplify the review and approval for future development on the property. {Exhibit I. Applicant Letter) II . EXISTING CONDITIONS/PROPE RTY HISTORY The property is located at the northeast comer of W. 44'h A venue and Kipling and includes four vacant parcels with split zoning with tour different zone districts covering the property: Residential-Two (R-2), Agricultural-One (A-I), Neighborhood Commercial (NC) and Planned Commercial Development (PCD). All four lots are under single owner hip and the total size of the site is approximately 12.4 acres in size. The parcel at the hard corner of 44'h and Kipling is excluded from the subject site; this property is under separate ownership and includes a fueling station and convenience store. (Exhibit 2. Aerial Photo) The properties that surround the subject site include a variety of land uses and zoning designations. To the east is Pennington Elementary which is zoned R-2, and to the northeast is Ketelsen Campers (an RV dealer) zoned PCD. Across W. 44'11 Avenue to the south are small commercial properties zoned C-1. Across Kipling to the east are the Kipling Village and Camelot Club Apartments zoned R-3 and PRO, an herbal supplement store zoned C-1, an office building zoned NC, and a church with split zoning. (Exhibit 3. Zoning Map) The property is nat with a four toot grade change from the west to east. There are a various mature trees on the property which appear to be elms and cottonwoods. (Exhibit 4. Site Photos) III. PROPOSED ZONING The applicant is requesting the property be rezoned to Mixed Use-Commercial (MU-C). This zone district is generally located along major commercial corridors and at community and employment activity centers and is established to encourage medium to high density mixed use development. In addition to residential and civic uses. it allows for a wide range of commercial and retail uses. Planning Conunission WZ-15-05/ Anaslasi 2 The purpose of the MU-C zone ctistrict is to create a flexible approach to land uses and to enhance the character of the City's commercial corridors by promoting development that accommodates a mix ofland uses, is more urban in character, and is more pedestrian friendly. The property currently has four separate zonings on it -R-2, A-1, NC and PCD. The R-2 zoning allows single and two family dwellings. The A-1 zouing also has a limited use list and includes single family residential and agricultural uses such as general fanning, horse stables and landscape nurseries. The NC zone district is the City's most restricted commercial zone district a]Jowing low impact uses such as small offices and personal services. The Planned Development zoning on the north end generally allows C-1 uses. The most intensive zoni11g on the property is the PCD with the least intensive zoning being R-2. The following table compares the existing R-2 and PCD zoning and proposed zoning for the property. Development R-2 zoning PCD zoning MU-C zoning Standard Uses Single fantily Commercial uses Residential and and two family (office, service and commercial uses residential retaj)) including (office, service and restaurants, fueling retail, restaurant ) stations, RV and auto Drive thru uses, gas sales and service stations and car repair as conditional uses Architectural None None specified but Mixed Use Standards would have to follow development standards ASDM specified in zone district -similar to ASDM Max. Building Height 35' 50' **Mixed Use -6 stories **Single use -4 stoties ** Except in urban renewal areas where there are no height and density maximums Max. Lot Coverage 40% 40% 80% Min. Landscaping N/A 10% Mixed use -10% Single use-15% Min. Front Setback 25' 50' 0 '-20' build-to If the rezoning is approved, the applicant would then submit for administrative plan reviews. The concept plan review requires neighborhood notification regarding the submittal. The design Planning Commission WZ-15-05/ Anastasi 3 for the property would be held to the standards set forth in the zoning code and the Architectural and Site Design Manual. ~. ZONECHANGECruTEruA Staff has provided an analysis of the zone change criteria outlined in Section 26-J J 2.0.2. The Planning Commission shall base its recommend ation in consideration of the extent to which the fo llowing cri teria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone promotes the health, safety, and general welfare of the community and wi ll not result in a significant adverse effect on the surrounding area. As outlined in the table above, the PCD and MU-C have similar development standards and permitted uses and while there are differences in allowed uses, the general intensity of use is similar. The property with proximity to Kipling Street would be undesirable for low density residential development. Sta.fJ'concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve tbe property with improvements installed at the developer's expense. Prior to issuance of a building penn it, an administrative concept plan review and site development plan applications will be required and referred to all impacted utility and service agencies Staff concludes that this criterion has been met. 3. T he Planning Commission sbaJJ also fmd that at least one (l) of tbe following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies Kipling as a primary comm ercial corridor and is high on the City's Jist of redevelopment ptiorities. While a recreation focus is further south centering around the rec center and greenbelt, this portion of the corridor is appropriate tbr higher intensity uses with taJ ier buildings and high quality design. The interior of the site is designated as Mixed Use Commercial. Planning Commission WZ-15-05/AnagLasi 4 Excerpt from Envision Wheat Ridge Structure Plan Site Mixed-Use Commercial l-, ..... ~ .. ,-_, . . . ~ Goals met with the proposal include the redevelopment and reinvestment of underutilized commercial areas with denser, high quality development Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current zoning designations as they appear on the City are zonjng maps. Staff concludes that this criterion is not applicable. c. A change of character in the area bas occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Commercial development along the Kipling Street corridor continues to intensify with new redevelopment of and reinvestment in tired, outdated structures and sites. Examples of this newer construction include the GreenHerb building located 4585 Kipling completed in 2013, the new Vitamin Cottage at 9500 W. 49lh Avenue and the Kipling Ridge development at the southwest comer ofKipling and 381h Avenue, both of which were completed in 20 L5. Kipling is a state highway, is classified as a Principal Arterial and carries over 41.000 vehicle trips per day. As such, the use of the property as low density residential is not desirable. Planning Commission WZ-15-05/ Anastasi 5 The city is in the process of installing a I 0' wide mul ti-use trail from 3211d A venue north to 441h A venue. Redevelopment of this site will result in extension of this trail to the northern perimeter of the property supporting the goal of increased pedestrian and bicycle connections. A zone change will consolidate the zoning on the property and prepare it for redevelopment. The redevelopment of this parcel could act as a catalyst fo r additional redevelopment and property investment in the area. Staff concludes that this criterion has been met. d. The pro posed rezoning is necessar y in order to provide for a community need t hat was not anticipated at the time of tbe adoption of the C ity of Wheat Ridge comp rehensive plan. The Comprehensive Pl an recognizes the need for upgraded commercial space and alternative housi ng options. The rezoning to Mixed Use will aid in the progress to develop the property which will then provide services and goods to residents of Wheat Ridge and commuters aJong th e 1- 70 corridor. The rezone also aids in the assemblage of the land under one zone district which will promote the marketability of the property to developers .. Sta./f concludes that this criterion has been met. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-1 09. A meeting tor neighborhood input was held on October 28, 2014. Roughly 20 persons were in attendance. Discussion toeics are addressed in the neighborhood meeting notes. (Exhibit 5 'Neighborhood Meeting Notes) VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specifi c referral responses follow: Arvada Fire Protection District: Can serve the property with improvements installed at the developer's expense to be assessed at the time of site plan review. Valley Water District: Can serve the property. Planning Commission WZ-15-05/ Anastasi 6 Wheat Ridge Economic Development: The Economic Development division and Urban Renewal fully supports the re-zone application. The zone change does not conflict wi th the Kipling Corridors Urban Renewal Plan and therefore meets all the goals and objectives of the plan. Wheat Ridge Public Works: A drainage plan and traffic report will be required to be reviewed as part of the concept and site plan processes. Xcel Energy: No objections. Comments received relate only to the zone change request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community. Staff further concludes that the proposal is consistent wi th the goals and objectives of the Comprehensive Plan. The zone change will consolidate zoning on the property and prepare it for redevelopment. Redevelopment of the propetty may serve as a catalyst for other property redevelopment or improvements in the area. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-15-05. VW. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-15-05, a request for approval of a zone change from Residential-Two (R-2), Agricultural-One (A-I), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use-Commercial (MU-C,) for property located at 4600 Kipling Street. for the following reasons: I. The proposed zone change will promote the public health, safety, or welfare of the commwuty. 2. The proposed zone change is consistent with the goals and objecti ves of the City's Comprehensive Plan. 3. The zone change will consolidate zoning on the property, prepare it for redevelopment and may serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteri a used to evaluate a zone change support the request." Planning Commission WZ-15-051 Anastasi 7 Option 8 : "I move to recommend DEN IAL of Case No. WZ-15-05, a request for approval of a zone change from Re idential-Two (R-2), Agricultural-One (A-1 ), eighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU-C), for property located at 4600 Kipling Street. for the following reasons: I. 2. ., Planning Commission WZ-15-05/ Anas1asi 8 Exhibit 1 -Applicant letter Michael G. Pharo A~sociutc~. LLC July 7, 201S Ms. Meredith Reckert, Sen10r Planntr City of Wheat Ridge 1500 West 2~ Avenue Wheat Rjdgc. Coloredo 80033 Re: NEQ West44 .. Ava~ue &. Kipling The purpose of this letter is to detail our rezonina request and provide a description of the proposal. Included herein is a ~1\!ie to the six items liS1ed oo the Subminal Cbeekljs : Zone Chan" and a response to the three items li\1cd in Sec. 26-I ll Privptc Re?onina of the MurucipaJ Code. Our request is to IV.one the propeny to Mix.ed Use -Commm:iaJ. This would ""''uuliU.W: fuUJ ~au: I.U1JC uuq;ur1es (R·2. A· I, NC aM P\.U) wtuc:h are Curm'ltly in place on the existing parcels of the 12.4-.c:n: property. We h:lve previously met with )OU and members of the Wheat Rid&e staff and have had a Nelahborbood Meetins. Per $s.-s. 26 112 Priwte Rey.oninK as pro .. idcd in the Municipal Code, we provide the follo"'in,g response: El. The chang~ of:ont~promotcs IM hrolth. SQ,fotyand guttrol 'Kt/for~ of the comm11111f} and will not ruultln o ngnlfiC4nJ odvuu ejfoct on tht surrounding tueo; We bcljeve the ultimm result of \hi!>~& "ill be • po itive effect on the surrounding area. As zo.ocd, the propcny is o.lmost Wldnrelopoble gh'CD the 1111ture of the wveJatcd moe classifiearions. Rezoning the property to MU-C wi II provide a uniform zone welJ suited to the m~um-to-higher intensit} land use opportunities ~tfforded by the arterial/ arterial location. El Adequote m.frastmctllrdfocililit.r art 01-ailah/e to .wvt the typt oj!4tS ollowf!d by tht! change oj:ont or 1M opplh:anJ '1411/ 11pgrodt anJ provilk .welt 'K'h~rt they do not trlst or an ID'Jl:kr capacity. 1l1e property is well served whh existing Wlller and sanitary sewer service. We wlclpate normal e)(tensions 10 ~the l~nd uses on tbe property. Should ofT-site utiliry upgrades be reqwred, we will address the situation as required. Surrounding aneriAl roads on the west and south provide eJtcc:Uenl vehicular acc:css. We have confirmed with your staff and COOT that ~ess can be obtained from both West 44111 Avenue and Kipling. We hope 10 be able to define Lbe pnmaty intem:ll road aJianment as part of this re1..0fUng. 777'7' :!11~ Sum llttktc)ft, Col«od:• 101211 pl100e 303-7tl·3772 Planning Commission WZ-15-05/ Anastasi 9 2 £J At least ont nfth~ folloMi»R conditiuns abH u 71w coonse ofront Is m conformtmce. ur will hrrrrg tht profNrt)' mlo conformance with tiM! Cit) ofW~tJJ Rulgt romprtheruh·t Nan ,oo/). Ob)Ct.lll'c!.l untl fJU/Il'lU, and Olhtr em tJ/)prUl'l'd poltdt~ or plans for the urto b 77IL exmmx zont c/os..r~ficotlon currtmtl) rtr:ortl4'd on the ojjkrol :mmtR MOp.l of the City of II 'heat Rtdp,tt IJ In urtff c A cholfJlt of character m tht area has occurri.'J. ur b occurrmg to l'lldr u degree that it /1 in tlw public lntur:~t m enet.ttii'O~te rcde1~/opmenr of tile ana or 10 recoK"Iu tilt' rhotJRIII.S: character uj tlw urea d The propwcJ :onmg t! ncunal')· m nrtltr ICJ pro1·tdl' for a communtl) nud thotii'Of ll()l DllltCI{Klttd 011/w I liM' aft he oJopuon oftlte ( tf) of H'htat Rtdgt cmnprelwnsi1" plan. \\.ubout doubt this ruoruna contemns to the ~~e of OA 11lc: medrum-tn-h•ghtr antm~•'Y land uso which this rnonin& \\ill allow IS in d 1.rc:ct compliance \\ith ~ gooh and objccth~ ofthc Cil) ror lands located along artcnal road"'*> comdors. The Cit> 's Comprchcnshc Plnn n:Occt!j med1um·to-highcr inten.'lit)' rnidc:nual, office and retail uses on all ponions of the propcn) The: Cit)':. Zoning Map 1s not 1n error. but it dclincntell lh( abo\c-mentioned chc:ckcrboord .wning pllUCnl C\liTCntl) in pi&.'C. One might argue lhlll 8 cluutge or Character is occurring m the IU'ea. Thi5 chllngc ~~ mruufcstcd in lht interesu ~bo\\n b) the de\elopment cornmunit) SurroWldmg lliJids arc either dcv.:lopcd or arc belnr. de:' eloped lbercfon:. IU'CA ~ide: chill&~ are o«urrin~ and undeveloped properties arc hcins considc:n:d b~ o \IU11et) of reslda!Lial and COmm.ctelal de\·dopcrs Recent'"'~' m portions orthi<. property mcludt tonstdcrauoo or 8 sit-down restaurant and an anmw chruclhospital ~ uses sbould bt considered normal nnd Mficap8lcd We are DOl aware of int~ b) tbotc who migh1 e~nvi:;ion ~~<>mething prc:violl.'lly unfor~n. The Submittal C~j(WI lo!W Cbunge rorm lists SIX items to be Gddrc:ssed. • The nttd for :mK> chonJ:,>t!. The nc:cd for lOne change include$ the consideratiOn ol 10u1 e~ ames into IS contmponlt} mtxcd use mnc that allow~ for st~ficant Oexibd11) m the marlc:tplace I he ML -C 10nc allow:. a w1de varict) of rc:$tdenual office end mail ~ "hiCh '' conmtent \\1lh the de\-elopmcnt goals or the Cit). • Prtunt and jlllllh cifut on tltc r.xotfng w nt dwrlcu dtl't/opmcnt and p/n'3tcal charaau of rht area The prtStnl and future effect of Planning Commission WZ-15-05/ Anastasi 10 3 the existina z.ooe districts is to prohibit rational development oftbe property. There would be oo unifted or cobesi\·e deveJopiDC'Ilt of the property ond the physical character of the ~• will remain as is. • Accr.u to the area, traffic palterns and i1rlpact oft hi! requested :.on« on thurfoctors. Preliminary discussions with personnel at the City•s c:ngiocerina department ond with the tra.ffic planning staff at COOT con fum the likelihood of a full-movement inlerseetion on West -44111 Avenue a1 the Jellison Street ahgnment and o.nother f\ill-movt:mcnt intersection on Kipling at a compatible distance north of the West 44111 Avenue intersection. Ac:ccss to individual development parcels could be by an antemal spine road, ida.JJy desianed to discouraae cut-through u &fTh. (j um tla: ~ i meter Hnertal I'OIId9.1lys.. • A~"ailablllty of utilities. Both water and sanitary sev.-er services are available from area PfO\idc:rs in a CApGcity capable of supportina medium to hi&h-dcvelopment inttn.o;itie." nn the ~pmy. CxiJling lines located in the perimeter arterial rightS of way will be extended into the property as required. • Prrsml and future tffect on public facilities and suvius, such as fire. pollee, wutl!f', sanlrortott, t'{}{JtM'tl)'$, purh. schools, t tc. At the present rime With the property undeveloped ~ is virtually no effect on public service providers Dtvc:lopme.nt oflbc: 12.4-acre property will aenerate • lower level of ~U~uired publk: service which will have m!nim41 impact on the various service providers. • A dlscwslon oft he relatlotuhlp lxtwun the prop<»a/ and adopted land and/or polki~J of tiN city. Development of the: property for medimn-to-higber intensity residential, office or retail land uses is consisteot with the~~ rtc ,.nti ~ivn 9f t.bf Cit)• Tbe proposed MU-C zone ooc only provides for the desirable land use types, but also req~s various site and 1andscape design components supported by the City Please let me kMW irt neM In do mnrP tV r"'vidf llld.iticmal mfQ1"tnallon Gl thi:.timc. MOP/kp c: Lloyd Anastasi Planning Commission WZ-15-05/ Anastasi I I Planning Commission WZ-15-05/ Anas1asi Exhibit 2 -Aerial Map Site 12 Planning Commission WZ-15-05/ Anastasi Exhibit 3 -Zoning Map 13 Planning Conunission WZ-15-05/ Anastasi Exhibit 4 -Site Photos Looking northwest at fueling station on the corner of 441h and Kipling Looking north from West 44111 Avenue 14 Planning Commission WZ-I 5-051 Anastasi Looking north fi·om West 441h A venue Looking west on 44111 towards J(jpJing 15 Planning Commis$iOn WZ-1 5-05/ AnasLasi Looking east from lGpling Street Looking east from Kipling Street 16 Planning Commjssion WZ-15-05/ Anastasi Looking north toward Kipling from 44tl1 Avenue 17 Exhibit 6-Neighborhood Meeting Notes I I' .' • . City of ·rg-w lieat~ ~OM.MUNin' DLYUQrM(i''T M«flng Da te!: Allt'ndin~t tllfT: Location of M«tlng: Propert) Addrc~s: Prope.-1) Owm~r(s): Property Owncr(s) Presenl'! Applicant: f.~lstin~ Zoning: E~isrln~ Comp. Plan: NEIGHBORHOOD MEETING NOTES October 28. 2014 M'--redith Reckert, Senior Planner Ste\-c Art. Economic Development Manager Wheat R1dgc MumcipaJ Building Second floor conference room 7500 W. 29'" A\cnuc Wheut Ridge, CO Pmpert) gem .. 'T811y nddrc.~ :15 4600 K1phng • 'Jonhcnst comer of w. 441~ A' cnuc and K1plins Strc.'Ct. mcludmg 45'10, 4600. and 4650 Klf'lhng ond \'acant land (PI"\ 31)-1.22· fN-0 18) Ll••)'d Anastru.• No Mike Pharo Fmnil mrlnndplnn@,aol.wm !'hone: 303· 783·3 772 7777 Depew Street Lilt let on. CO 80 12!< Jllannctl C(lmnll"fClal Dcvclojlmem (PCD). Agnculturni- Onc (A-1 ). Nl:ighoomood C'mnmerciul ( ('), nnd Rcstdentiai-Two (R-2). \lhxed Use C'ommcrctal. Pnmary Commercial Comd(lr. Nt:ighborhood Commereutl Corndot E:~.lsting Sir~ Condhions: The property IS IOC<Jtcd at the t\Orthca 1 comer ofW. 44th AH!tluc and K1phng and includes four vucru11 parcels with spill zoning with four dtfll.'Tl'tlt zone districts CO\-cring the property: Planned Commercial Devel(lpment CPCD). Agricultumi-Onc (A·I ). Netghborhood Commercial (NC). and Rcs1dcntiai-Tw<l (R-2). All four lots an: under smglc ownershtp and the total s1~e of the site i,c; approxtmately 12.4 acres 10 ~11c The parcel at the hard cx•m~ of 44111 and K1pling 1s excluded from the subject site: this property IS under s~.-parotc 0\\-1\ct"Shtp and include.<. u fueling statiOn and con\ enil!ltcc tore. Plarming Commission WZ-15-05/ Anastasi 18 The proper1ies that surround the subject ne include a vonet)' of land uses and r.ooing dcsibrnotiOn!.. Ttl the east is Pennin~on Elementary which i zoned R-2. and to the northeast• Ketelsen Campers (an RV de:1ler) zoned PCD. Aero W. 44 AH:nue to the south nre small commemal propc111~ toned C'-1. Acro<:s Kipling to the eas1 an: the Ktpling Vtllage and C'umelot Club Apartments 1..oncd R-3 and PRO. an hcrb3l ~upplem~-nt store roned C·l,lln office building LOned 'C. ond a church with split zonmg Applkant/O""lltr Prtlimlnary Proposal: Tite npphcant is proposing to rezone the entire property to Muted Use-Commcrctal (MU-C). There is oo . pecific development being proposed at this rime. The purpose of the 7,(lne ch3nge is to consohd11tc the 1.,oning and prepare for future deo.clopmenL The followln~ Is a summary of the ntiRhborbood mteting: • In addition to .tafT. 19 memben. of the public aucnded the neighborhood meeting.. • Staff c~plained the stte conditto~ tomng tn the netgbborhood, lllld the rt:a.'iOn for the re7onmg request • The members of the public were informed of the pi'OC(.~ for a zone change. • The members of the public \\ere informed ofthetr opportunit) to make comment!. dunng the p~ and at the pubhc hearings. • 'eighbors comp:U'ed the propo cd design to a prcvtous mulu-family development ond were more recepti\ e the opplicant ·~ "ingle-fomily proposal Concerns \\ere related to draina~e. pr~ervalion of existins treelo, addlllonaltraffic on W. 44111 and Ktpting and perimeter fencul~. The foliO\\ lng Is ues \\tre dlsc:u' cd regarding tbt Lone chaof,!t request and propo cd dc\"tJopmcnt: Ho\\ will access to Kipling be dt.>tcnnined'! Kipling is a state htghu·uv and a tro.ffic Impact Studt• "/1/lk rcquir('d to ix' submmc:J to thr! Cm and COOT 10 t/(!t(!ml/ltc occcsl mto tht' stU! /Its llkel! tltattht!rc ''ill bt-a major acC'tss pomt.from Ktpling "htclt w;// ~ stgnolt.ud at tltc mid-poim of tire propt'rll'. Accc.\5 (rom 44'/i A•·cmu· ••ill no /ocott'd acro.H from Jdli.ron Stre(!t Oil the south. Whnt types of u ~ are being proposed for the property? n,c proJ>Osetf =o11t-changt' would~ to Mi:wci·Use Comml'rcial wlucll allows both restdt'ntial and commercial land use.!. 71tt' propcm· ou flU u loco ted ow of state and is notmterestcd in dt•' dopmg it He liOitld like to obtain cotuulidatcd :oning on tltc pt·op<•rn· and would /tk(' ro SC'IItt lo .\Om< un(' c/s(' "ho 1rcmld then de••clop it. Will Renewal Wheat Rttlge get in,olved m the dc"elopmcnt" 1\otunlcss the d~'Cioper ;~ oskingjor to..: ittcrl!llrt'lll /iltaJJcing. IJ f~ too t'ar('''" the procrs1. to lmo". Doc:. staff thmk that the property ts appropnnte lbr restdentinl dC\ clopmcnt? Nutunlrss the residC'ntral units wcrr mtcillorr to a prtmory commt'rcialusc on o ucond lc••c/ or 011 the eastern sidl' of the southern portion of the lot A womll11 wtth a home on Independence Street e~tprossed conc:em thut new co~truction on the parcel will block her ~1ew of the mountains. How tall can buildmgs be m the Mixed-Use Commercial zone dastnct'! Buildings that htwt' a mu ~( tLtt•s (~roll ottd rcsidMtlol. cg). ore allou:rd up to eight stories and structures that haw.' Oll~l' ont-use con~ sb Maries /11 height /1 is htRIJJl' doub~(ulthat ftMJctw·t:.f on tltc pro~rfl nil/ acct•d tWO·IO·tlrrcc srories lx:ca11{e tltt"re tSn 't tnough land orca. The taller tht' building. th<' morc squatc.footagc• and mort• p<Jrking is rt·quircd Planning Commission WZ-15-051 Anastasi 19 Are there other option' than l'nning to m1xt.'tl U!>c'' Once the .wnmg appro\ .tl1' 1.!" en. there '" nu opponunit) for neighborhood mput'? Tltt! applicant could t~pplr {or tl :one change to 1'/unncd Cnmmaetnl 0('\'clopmt•nt but II is u mur(' rigorcmr prncc<;J dll<' tn plmt\ {or de\'t>/opmC'/11 rC'quired as pari of tltc publu: llcnrmg~. Are marijuon:s b~inc!>~~ allowed in mixed usc l'oning? Marijumw bu.sme.llfS art• not a/lou cd in th<' mLted u~c :oninl( di.'ilrlcl.\ ha_c; the current O\\ ncr held the propcrt)'! II "as nott:d that new de' elopmenr on the propC11) may haven po itive impact on some undcr'\lrable uo;c:-. funher to the north. Staft· recel\·ed no "nltcn commL"Tll pnor to the m:1ghborhood mL'Cting. Planning Commission WZ-1 5-05/ Anastasi 20 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZclS-05: Ms. Reckert gave a short presentation regarding the zone change process and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met. The applicant is requesting a zone change from Residential-Two (R-2), Agricultural- One (A-1 ), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use-Commercial (MU..c) for the property located at 4600 Kipling Street. The zone change is the first step of the process for approval for redevelopment of this site under MU-C zoning. The purpose of the rezoning is to modify the list of uses and to simplify the review and approval for future development on the property. Ms. Reckert stated that the purpose of the MU-C zone district is to create a flexible approach to land uses and to enhance the character of the City's commercial areas by promoting development that accommodates a mix of land uses, is more urban in character and is more pedestrian friendly. Ms. Reckert compared the development standards in the least intensive zoning (R-2) and most intensive zoning (PCD) on the property currently with the MU-C zoning that is proposed. She had made one change with regards to the maximum building height in the MU-C zoning, as pointed out by Vice Chair Ohm. A single use can go up to 4 stories except in urban renewal s where there are no height and density limitations. A neighborhood meeting was held on October 28, 2014 with 20-25 people showing up. One woman who lived on Independence was concerned with the possibility of her view being blocked and increased traffic, but they attendees were generally supportive of the rezoning. For the public hearing noticing, three phone calls were received just questioning what the application was about and no letters were received. There were also no concerns from city departments or agencies. Ms. Reckert stated that the change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan and that Kipling is a primary commercial conidor which already allows for higher traffic volumes and is high on the City's list of redevelopment priorities. The property, if zoned MU-C, would be appropriate for higher density, taller buildings and high quality design. Planning Commission Minutes September 1 7, 2015 Attachment 3 -2 - Also, the City is in the process of installing a new 1 0-foot wide multi-use trail extending from 32nd Avenue to 441h Avenue and when this property develops the developer wiJI be expected to extend the trail north from 44th A venue to the northern part of the property which will increased pedestrian and bicycle connections. Commissioner Boden asked to elaborate on the notes in the neighborhood meeting with concern to the height restrictions. Also, he asked if there were any concerns from the neighborhood school about rezoning. Ms. Reckert stated that with regard to the height of the buildings; the higher the buildin& the more parking will be needed and it is unlikely that structured parking will be built. There also has to be 15% landscape coverage on the property. ln response to the second question, there was no concern from the school. Vice Chair OHM opened the Public Hearing. Mike Pharo 7777 S. Depew Street, Littleton The applicant, Mike Pharo, came forward to speak. He stated he is representing the property owner, Lloyd Anastasi, and because of the various zonings on the property it is virtuaJiy impossible to develop the land and they want to clean it up. Also, with a single zoning district there is a uniform method of accessing the property and COOT will allow full movement. Also, it is the objectives of the ownership group to sell this parcel to local developers for development. Commissioner KIMSEY asked if the basis for the zone change is to market the property. Mr. Pharo replied positively. Vice Chair OHM closed the Public Hearing. It was moved by Commissioner KIMSEY and seconded by Commissioner DORSEY to recommend APPROVAL of Case No. WZrlS-OS, a request for approval of zone change from Residential-Two (R-2), Agricultural-One (A-J ), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use-Commercial (MU-C) for property located at 4600 Kipling Street, for the foUowing reasons: J. The proposed zone change will promote the public health, safety, or welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The zone Change will provide additional opportunity for redevelopment in the area. 4. The criteria used to evaluate a zone change support the request. Planning Commission Minutes September 17, 2015 -3- .. ~·~ -. .. City of • ?WlieatR!_dge ITEM NO :~ DATE: November 23, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 25-2015-AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3790 WADSWORTH BOULEY ARD FROM MIXED USE- NEIGHBORHOOD (MU-N) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-15-07/READ KING) ~ PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS iSSUE: 0 ORDINANCES FOR 1sT READING (10/26/2015) ~ ORDINANCES FOR 2 ° READING (11 /23/2015) ~ YES The applicant is requesting approvaJ of a zone change from Mixed Use-Neighborhood (MU-N) to Mixed Use-Commercial (MU-C) for property located at 3790 Wadsworth Boulevard. The proposed rezoning area includes one parcel, which is approximately 0.96 acres. The purpose of the zone change is to better aJign the zoning with the locati on of the property on Wadsworth and to expand permitted uses for the site including the possible redevelopment of a freestanding emergency room. Despite tl1e possibility of future redevelopment, the scope of the subject application is exclusively the request for a zone change to MU-C; it does not include a review of the design or operations of a potential future use. If the zone change is approved, future redevelopment o f the site would be reviewed administratively through a site plan review process to confirm compliance with all zoning code standards. Council Action Form -Zoning Change for 3790 Wadsworth Blvd. November 23, 2015 Page 2 PRIOR ACTION: Staff presented the case and a recommendation of approval to Planning Commission at a public hearing on October I, 2015. By a vote of 4 to I, the Planning Commission reconunended denial of the request. The staff report and meeting minutes from the Planning Commission hearing are included as attachments to this report. FiNANCIAL fMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $992 were collected for the review and processing of Case No. WZ-15-07. BACKGROUND: The property is located at the southeast comer ofW. 381h Avenue and Wadsworth Boulevard with frontage and access on both streets. The site currently includes a Shell fueling station with a convenience store and car wash, all of which was developed in 1989. The convenience store is located in the middle of the site with fu eling canopies to the north and south of store. The carwash is located on the eastern side of the site. The current development is considered legally nonconto nning as it docs not meet current standards for site design. building design, landscaping, or signage. The property has not seen new investment in many years. Surrounding Land Uses The site is currently zoned Mixed Use-Neighborhood (MU-N). Surrounding properties are predominantly zoned mixed use but include a variety of land uses. With the exception of the subject site, all three comers of the intersection at Wadsworth and W. 381h Avenue are currently zoned Mi xed Use-Commercial (MU-C). These include the Safeway shopping center to the north, the Wilmore Center to the no11hwest. and the vacant Ford dealership to the west which is slated to be redeveloped. To the east oftl1e subject site is the Wheat Ridge United Methodist Church which is zoned MU-N. Smaller properties to the south along Wadsworth include a single-family home zoned Restricted Commercial and two offi ces for an architect and phannaceuti cal organization. Curren! and Proposed Zoning From a design standpoint on the subject site, the MU-N and M U-C zone districts are vi rtuall y the same. The same standards apply as related to architecture, setbacks, height, lot coverage, and landscaping. The most significant difference between the two zoning di stricts on this site is the permitted uses. MU-C zoning was created specifically for primary commercial corridors such as Wadsworth and Kipling and allows for a wider range of uses including those that are more regional or auto-centric in nature. Zone Change Criteria The subject site is unique because it is the only comer of the intersection that is 1101 zoned MU-C. The reason for the existing M U-N zoning on tl1e site is not necessarily reflective of its suitability for MU-C, but rather is reflective of the legislative process through which the Wadsworth and 38'" corridors were rezoned. Council Action Form -Zoning Change for 3790 Wadsworth Blvd. November 23, 20 I 5 Page 3 Ln 201 I, City Council rezoned the Wadsworth corridor to MU-C through a legislative zone change. At the time, it was considered reasonable and defensible to simply use the existing urban renewal areas as the boundary for the zone change. Because the subject site is part of the 38Lh Avenue Urban RenewaJ Area, it was never considered for MU-C and was instead rezoned to MU-N as part of a subsequent City-initiated legislative zone change of the 38Lh Avenue Corridor in 2012. The criteria fo r review of a zone change are outlined in Section 26-I I 2.E of the City Code, and a decision on thi s request shall be based on the consideration of the extent to which the application meets the criteria. A full anaJysis of the criteria is provided in the Planning Commission staff report which is attached. ln brief, staff has found that the proposed MU-C zoni ng is appropriate for a property located on Wadsworth Boulevard, and that the MU-C zoning will not result in an adverse effect on the surrounding area. Staff bas further concluded that utility infrastructure adequately serves the property, and that the zone change is consistent with the C ity's Comprehensive Plan in which the subject site is considered part of a primary commercial corridor and eligible for the types of uses permitted under MU-C. The application has been through the standard referraJ process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site redevelopment. RECOMMENDED MOTION: "I move to approve CounciJ Bill No. 25-2015 an ordinance approving the rezoning of property located at 3790 Wadsworth Boulevard, Case No. WZ-15-07, from Mixed Use-Neighborhood (MU-N) to Mixed Use-Commercial (MU-C) on second reading and that it take effect 15 days after final publication for the following reasons: I. City Council has conducted a proper public hearing meeting all public notice requirements as required by Secti on 26-1 09 of the Code of Laws. 2. The requested rezoning has been found to comply with the "criteria for review" in Section 26-1 I 2-E of the Code of Laws." "I move to deny Council Bill No. 25-20 IS an ordinance approving the rezoning of property located at3790 Wadsworth Boulevard, Case No. WZ-15-07, from Mixed Use-Neighborhood (MU-N) to Mixed Use-Commercial (MU-C) on second reading for the following reasons: 1. The proposed zone change is unnecessary because sufficient MU-C zoning exists in the immediately adjacent areas located next to this site. 2. The proposed zone change may negativel y impact the public health, safety, or welfare of the community. Council Action Fonn -Zoning Change for 3790 Wadsworth Blvd. November 23. 2015 Page 4 3. The proposed zone change is not compatible with the surrounding area; that being the church and the adjacent properties that will probably be subj ected to zoning change requests in th e fu ture. 4. and. direct the Ci ty Attorney to prepare a Resolution ofDe11ial. to be cheduled for Council consideration at the next available regular busines meeting." REPORT PREPARED/REVIEWED BY: Meredith, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff. City Manager ATTACHMENTS: I. Council Bill o. 25-2015 2. Planning Commission staff report with attachments 3. Pla11ning Commission minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DiTullio COUNCIL BILL NO. 25 ORDINANCE NO. ___ _ Seri es of 2015 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3790 WADSWORTH BOULEVARD FROM MIXED USE· NEIGHBORHOOD (MU-N) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-15-07/READ KING) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Read King Medical Development has submitted a land use application for approval of a zone change to the Mixed Use-Commercial zone district for property located at 3790 Wadsworth Boulevard (CASE NO. WZ 15-07/READ KING); and , WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan- Envision Wheat Ridge-which calls for Wadsworth Boulevard to include a broad mix of land uses and high quality development and design; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 23, 2015 and voted to recommend approval of rezoning the property to Mixed Use-Commercial (MU-C) , NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Read King Medical Development for approval of a zone change ordinance from Mixed Use-Neighborhood (MU-N) to Mixed Use- Commercial (MU-C) for property located at 3790 Wadsworth Boulevard , and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: THAT PARCEL OF LAND, SITUATED WITHIN THE NORTHEAST ONE- QUARTER (NE1/4) OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING ALL OF LOT 1, TEXACO MINOR SUBDIVISION AS RECORDED WITH THE JEFFERSON COUNTY CLERK AND RECORDER UNDER PLAT BOOK 103, PAGE 5, RECEPTION NO. 90036528, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 26; Attachment 1 THENCE S00°19'25"E 70.21 FEET; THENCE N89°40'35"E 65.00 FEET TO THE POINT OF BEGINNING AT A NORTHWESTERLY CORNER OF SAID LOT 1; THENCE N44 °39'24"E 28.65 FEET TO A NORTHWESTERLY CORNER OF SAID LOT 1; THENCE N89°38'22"E 145.46 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE S00°23'30"E 252.20 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE S89°38'22"W 166.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE N00°19'25"W 231 .95 FEET TO THE POINT OF BEGINNING; CONTAINING 41 ,624 SQUARE FEET OR 0.955 ACRES. BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF THE NORTHEAST ONE-QUARTER (NE1 /~ OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6 H PRINCIPAL MERIDIAN, OF WHEAT RIDGE CONTROL NETWORK BEING S00°19'25"E 2654.95 FEET, MONUMENTED ON THE NORTH BY A FOUND 3.25" BRASS CAP, IN RANGE BOX STAMPED "PLS 13212" ACCEPTED AS THE NORTH QUARTER CORNER OF SECTION 26 , HAVING A CITY DESIGNATION OF POINT 15709 AND ON THE SOUTH BY A FOUND 3.25" BRASS CAP IN RANGE BOX STAMPED "PLS 13212", ACCEPTED AS THE CENTER OF SECTION 26 AND HAVING A CITY DESIGNATION OF POINT 16709. PER THE CITY OF WHEAT RIDGE SURVEY MONUMENT DATASHEET, POINT 15709 HAS A NORTHING OF 705823.4828 AND AN EASTING OF 118443.2472 AND POINT NUMBER 16709 HAS A NORTHING OF 703168.5680 AND AN EASTING OF 118458.2492, ALL REFERENCED TO THE CITY DATUM. BASED ON THE PUBLISHED STATE PLANE COORDINATE SYSTEM CENTRAL ZONE VALUES, POINT NUMBER 15709 HAS A LATITUDE OF N 39°04'09.72050" AND A LONGITUDE OF W 105°04'53.20769", AND POINT NUMBER 16709 HAS A LATITUDE OF N 39°45'43.48896" AND A LONGITUDE OF W 105°04'53.17223". Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 26th day of October, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, November 23, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2015. SIGNED by the Mayor on this ___ day of ______ , 2015. ATTEST: Janelle Shaver, City Clerk 151 publication: October 29, 2015 2 nd publication: Wheat Ridge Transcript: Effective Date: Joyce Jay, Mayor Approved as to Form Gerald Dahl, City Attorney ..... .. ~ " City of • ~Wheat;&_dge ~OMMUN ilY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: October I, 2015 WZ-15-07 I Read King CASE MANAGER: Lauren Mikulak Approval of a zone change from Mixed Use-Neighborhood (MU-N) to Mixed Use-Commercial (MU-C) LOCATION OF REQUEST: 3790 Wadsworth Boulevard APPLICANT(S): Read King Medical Development PROPERTY OWNER(S): K&B Management LLC APPROXIMATE AREA: 41.624 Square Feet (0.96 Acres) PRESENT ZONING: Mixed Use-Neighborhood (MU-N) PRESENT LAND USE: Gas station with convenience store and carwash COMPREHENSIVE PLAN: Primary Commercial Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITE Attachment 2 Case No. WZ-15-07 I Read King All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case o. WZ-15-07 is an application by Read King Medical Development requesting approval of a zone change from Mixed Use-Neighborhood (MU-N) to Mixed Use-Commercial (MU-C) for property located at 3790 Wadswo1th Boul evard YExhibit I. Aerial). The proposed rezoning area includes one parcel. the total area of which is approximately 0.96 acres. The purpose of the zone change is to better align the zonjng with the location ofU1e property and to expand possible uses for the site including redevelopment for a freestanding emergency room. ll. EXISTING CONDITIONS Surrounding Zoning and Land Use The property is located at the southeast comer of W. 38th Avenue and Wadsworth. Surrounding properties include a variety of land uses and zoning designations (Exhibit 2, Zoning MqpJ With the exception of the subject site, all three comers of the intersection at Wadsworth and W. 38111 Avenue are zoned Mixed Use-Commercial (MU-C). To the north. across W. 38th Avenue, is the Safeway shopping center. To the northwest is the Wilmore Center which includes a variety of retail and service uses. To the west is the vacant Ford dealership slated to be redeveloped with a mix of uses including retail and restaurant tenants at the hard comer. To the east of the subject site is the Wheat Ridge United Methodist Church which is zoned MU-N. Smaller properties to the south along Wadsworth include a single-family home zoned Restricted Commercial, and two offices for a phannaceutical organization and an architect. Subject Property The subject property bas access on two street frontages, including a curb cut on Wadsworth near the south property line and a curb cut on W. 38th Avenue at the far eastern edge of the property. The site was platted in 1990 as the Texaco Minor Subdivision. The site currently includes a Shell fueling station with a convenience store and car wash all of which was developed in J 989. The convenience store is located in the middle of the site with fueling canopies to the north and south of store. The carwash is located on the eastern side of the site. The current development is considered legally nonconforming as it does not meet current standards for site design, building design, landscaping, signage, etcetera Exhibit 3, Site Photos). Ill. PROPOSED ZONING The applicant is requesting to rezone the property to Mixed Use-Commercial (MU-C), a zone district that is intended fo r primary commercial corridors. T he zone district allows for a wide range of land uses including commercial, residential, and civic uses. If the rezoning is approved, the a plicant wi ll be seeking to redevelop the site for a freestanding emergency room facility (Exhibit4, Letter of e uesl). Case No. 11'2-15-07 I Read King 2 Any redevelopment of the site under a mixed use zone district would be reviewed as part of a separate land use application. Site Plan Review is an administrati ve process that confirms compliance of new development with the mixed use design standards. The subject site is unique because it is the only comer of the intersection at Wadsworth and W. 38th Avenue that is not zoned MU-C. The reason for the MU-N zoning on the subject site is not reflective of its suitability for MU-C, but rather is reflective of the legislative process through whlcb the two adjacent conidors were rezoned. The mixed use zone districts were established in the municipal code through a code amendment in 20 10. Subsequent to the creation of the zone districts, Planning Commission and City Council reviewed city-initiated zone changes for the Wadsworth and 38111 Avenue corridors. It was determined at that time that the logical boundaries for these legislative rezonin s would be similar to the boundaries of the respecti ve urban renewal areas Exhibit 5, URA and Zonilf.El.. The MU-C zone district was created for primary commercial corridors such as Wadsworth and Kipling, and the rezoning of the Wadsworth Corridor to MU-C was approved in July 2011. As shown in Exhibit 5, the southeast comer of the intersection is part of the 381h A venue Urban Renewal Area, and as such it was not considered at the time for inclusion in the MU-C zone change. The MU-N zone district is generally located along neighborhood main streets and at neighborhood commercial centers. The zone district allows a variety of land uses including residential, civic, and a limited range of neighborhood-serving commercial and retail uses. In October 2012, the 381h Avenue corridor-including the subject site-was rezoned to MU-N. Given that the subject property is adjacent to Wadsworth Boulevard, the MU-C zoning designation is appropriate at this location. Although new development is not being reviewed as part of the zone change, the applicant does intend to redevelop the site in the future. The following table compares the proposed and existing standards that would apply. From a design standpoint tl1e MU-N and MU-C zone districts are virtually the same. The most significant difference between the MU-N and MU-C zone districts on this site are the permitted uses. The MU-C zoning will accommodate the proposed use of a freestanding emergency room wluch operates 24 hours a day. Staff has determined that it is more appropriate to classify the proposed use as a hospital versus a medical office building. A hospital is a conditional use in MU-C and is not permitted in MU-N. \ ll -(. \ll -'\ u. Allows new residential, commercial, Allows new residential, commercial, or mixed uses -allows hospital uses or mixed uses -aUows medical with a conditional use permit office but does not allow hospital ~.-...... Determined by mixed use code same .. Balldlag Hetpt (max) 35 feet if building has residential use same 50 feet for all other buildings Case No. WZ-15-07 I Read King 3 Bdd-toArea 0-20 feet (applies to north and west 0-12 feet (applies to north and west ( ...... f .... tletlliae) frontages) frontages) Setbacks South: 5 feet same East: 0 feet Lot Ceftra&e (.ax) 90% for mixed use same 85% for single use Ludtcape I ()pea Spaee I 0% for mixed use same (mba) 15% for single usc JV. ZONE CH ANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26-112.E. The Planning Commission shall base its recommendation in considerati on of the extent to which the following criteria have been met: I. The change of zone promotes the hea lth, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding a rea. The change of zone promotes the health, safety, and general welfare of the community and wi ll not result in a significant adverse effect on the surrounding area. As outlined in the section above, the existing and proposed zone di stricts have very similar development standards. The MU-C zone district will expand land use options, but it is appropriate to all ow a wider range of uses given the site's adjacency to Wadsworth Bo ulevard. Sraff concludes rlwr rhis crirerion has been mer. 2. Adequate infrastructure/facilities are avail able to serve the types of uses allowed by the change of zone, or the applicant will upgrade a nd provide such where they do not ex ist or a rc under capacity. Adequate infrastructure currently serves the existing gas station. Prior to future redevelopment. a Site Plan Review application will be required. TI1at application will include a referral to all service providers. In the event that current capacity is no t adequate, the property owner/developer will be responsible for utility upgrades. Staff concludes that this criterion has been mer. 3. The Planning Commission shall also find that at least one (l) of the following conditions exists: a. The change of zo ne is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related polk ies or pl ans fo r the area. Cme No. IJZ-15-07 I Read King 4 The proposed zoning is consistent with the policies and goals of the City's 2009 comprehensive plan-Envision Wheat Ridge-and with the Wadsworth and 38th Avenue corridor plans. The comprehensive plan designates Wadsworth as a primary commercial corridor and calls for high quality mixed use development in this area. The 38th A venue corridor plan recognizes that the intersection at Wadsworth is more auto- oriented in nature where more intensive and regionally-oriented land uses may be appropriate. The image to the right shows the location of the subject site (in bright blue) relative to the Structure Plan in Envision Wheat Ridge. The site is located along a Primary Commercial Corridor designation and adjacent to the Town Center and Main Street designations. The proposed MU-C zoning is appropriate for this location in the City. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Mixed Use-Neighborhood zoning designation as it appears on the City's zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area bas occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. There is no evidence of any si~::.rnificant changes in the area. The zone change request from MU-N to MU-C is appropriate given the location of the site, but is not directly related to changes in the neighborhood 's character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staffconcludes that this criterion is not applicable. Case No. WZ-15-07 I Read King 5 V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the appli cant was required to hold a neighborhood input meeting in accordance with the requirements of Section 26-1 09 of the city code. A meeting for neighborhood input was held on August I 2, 20 IS. Two property owners from the neighborhood attended the meeting and each expressed support for the rezoning and reinvestment being proposed 'Exhibit 6 Neighborhood Meeting Notes . VI. AGENCY RE FERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses fo llow: Wheat Ridge Public Works: No concerns; drainage plans will be reviewed with Site Plan. Wheat Ridge Economic Development: No concerns; supportive of reuse. \Vheat Ridge Fire District: No concerns; specific site requirements will be reviewed with Site Plan. Wheat Ridge Sanitation District: No concerns; applicant will be responsible for any necessary infrastructure upgrades. Wheat Ridge Water District: No concerns; applicant will be responsible for any necessary infrastructure upgrades. Xcel Energy: o concerns, contingent upon maintaining all rights to existing infrastructure. COOT: No concems; any change in access will be reviewed with Site Plan. No comments were received from Comcast or Century Link. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. A separate referral process will be required in the future if redevelopment occurs. V II. STAFF C ONCL USIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health , safety and general welfare of the communjty and wi ll not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, as needed, if development is proposed in the future. FinaUy. staff concludes that the zone change is consistent witb the Comprehensive Plan in which the site is part of a primary commercial corridor. Because the zone change evaluation criteria support the zone change request. staff recommends approval ofthe request. Case No. WZ-15-07 I Read Kmg 6 VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-15-07, a request for approval of a zone change from Mixed Use-Neighborhood to Mixed Use-Commercial, for property located at 3790 Wadsworth Boulevard, for the following reasons: 1. The proposed zone change will not adversely impact the public health, safety, or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area. 4. The zone change criteria support the request." Option B: "I move to recommend DENIAL of Case No. WZ-15-07, a request for approva l of a zone change from Mixed Use-Neighborhood to Mixed Use-Commercial, for property located at 3790 Wadsworth Boulevard, for the following reasons: I. 2. 3. , Case No. WZ-15-07 I Read King 7 EXHIBIT 1: AERIAL The subject property is outlined in blue in the image below. Cave No. WZ-15-07 I Ret1d Kmg EXHIBIT 2: ZONING MAP The subject property is outlined in blue in the image below. Case No. WZ-15-07 1 Read King 9 EXHIBIT 3: SITE PHOTOS View looking southeast from the intersection ofW. 3 1 View looking west from W. 38 Avenue Case No. WZ-15-07 1 Read King 10 Read King August 19, 2015 Lauren E Mikulak, AICP, Senior Planner City of Wheat Ridge 7500 West 29111 Ave Wheat Ridge, CO 80033 Re: RKMS Wheat Ridge, LLC. EXHIBIT4: LETTER OF REQUEST Southeast Corner of Wadsworth Blvd and 38th Ave. Dear Lauren, Please allow this letter to serve as our zoning change request and brief description of the property. Below Is our response to the Private Rezone Criteria for review and the Zone Change Application ChecklisL Read King Medical Development is proposing to develop, an approximate 8,400 square foot single story Free Standing Emergency Department on the 0.96 acre parcel of land at theSE comer of Wadsworth Blvd & 39111 Ave. The site will also contain parking for the building, landscaping around the building, and a landscaped buffer zone between neighboring properties as per our previous Pre Application meeting on July 91h 2015. The property is currently zoned Mix Use -Neighborhood, MU-N. The proposed medical fadlity is a 24hr a day facility and its hours of operation are not allowed In this zone. We are requesting a rezone to Mixed Use-Commercial, MU-C, to allow for this fadllties hours of operation. The application for rezone has 6 points of why a rezone would be justified for this property. The need for a zone change. Our property sits at a vital intersection of rwo major roadway improvement plans, The Wadsworth Boulevard Corridor Redevelopment Plan and the 38~ Avenue Corridor Redevelopment Plan. Rezoning this property would allow the intersection to have one uniform zoning code. Redevelopment would also allow for the property to meet the new corridors pedestrian access and urban form standards that these two new plans try to accomplish. Present and future effect on the existing zone districts, development and physical character of the area. As previously stated the ~one districts In this area are not continuous. A rezone would allow for cohesive planning along these two conidors. Redevelopment also aJiows the project to physically meet the standards of the new zone such as build to lines, landscape requirements, pedestrian access, and street frontage requirements. Access to the area, traffic patterns and impact of the requested zone on these factors. Both Wadsworth and 38"' have adequate capacity for the traffic generated by our facility and our proposed facility will maintain existing curb cuts along both roadways in order to maintain existing trafflc patterns. The MU-C zone also includes parking maximums that are designed to reduce demand on local roadway capacity . . Availability of utilities. Currently the site has adequate utilities in water, sew er, power, storm water, and gas. Any modifications to these utilities will be modified on site and II 'I Ill of • 'I .., • , :; • 1 I • I h. ., IL \ '-II \I I .. l Best, the public infrastructure should not be required to be modtfied. Present and future effect on public facilities and services, such as fire. police, water, sanitation. roadways, parks, schools, etc. The rezone of the property to MU· C will not have any negative effects on the surrounding communtty or public services. The redevelopment of the property would remove the current gas station and its potential environmental issues and would provide a medical facility that provides a public health service to the community. A dtscussion of the relationship between the proposal and adopted land and or policies of the city. Changing to a MU -C zone is consistent and in line with the goals of the two major thoroughfare plans that Intersect at this property. The MU-N serves more or residential function for planning purposes and the MU·C ts more tn line with the commercial feel to the two major streets. Matthew Ca mp AlA Read King Medical Development Case No. lfZ-15-07 / Read King 12 EXHIBIT 4: URA & ZONING In the linage below, the Wadsworth and Times Square Urban Renewal Areas (URAs) are outlined in black and generally coincide with the Mixed Use-Commercial (MU-C) zoning. The 381h Avenue Urban Renewal Area is outlined in white. The subject site is circled in red at the southeast corner of Wadsworth and 38Lh Avenue. Because it is not part of the Wadsworth or Times Square URAs it was not considered for MU-C zoning in 2011. It was therefore rezoned to MU-N as part of the 2012 rezoning of the 381b Avenue corridor. Case No. WZ-15-07 I Read King 13 EXHIBIT 6: NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner: Property Owner Present? Applicant: Applicant Present? Existing Zoning: Existing Comp. Plan: Existing Site Conditions: NEJGHBORHOOD MEETING NOTES August 12, 2015 Lauren Mikulak, Senior Planner City Hall-7500 W. 291h Avenue 3790 Wadsworth Boulevard K&B Management LLC No Read King Commercial Real Estate Blake Propst Matthew Camp Yes Mixed Use-Neighborhood (MU-N) Mixed Use Town Center, Primary Commercial Corridor, Neighborhood Commercial Corridor The property is located at the southeast comer ofW. 38th Avenue and Wads worth and currently consists of a Shell fueling station, convenience store and car wash. Based on Jefferson County records, the parcel is approximately 0.96 acres in size. The current zoning is Mixed Use- Neighborhood (MU-N). The properties that surround the subject site are primarily commercial, with a variety of land uses and zoning designations. To the north, across W. 38th Avenue, the property is zoned MU-C and consists of the Wheat Ridge Marketplace, anchored by a Safeway grocery store. To the east is the Wheat Ridge United Methodist Church with MU-N zoning. To the west, across Wadsworth Blvd, the property is zoned Mixed Use-Commercial (MU-C) and consists of the proposed Comers at Wheat Ridge development. To the north and west oftbe subject property, across W. 38th Avenue and Wadsworth Blvd, is a commercial development zoned MU-C and platte.d as The Wilmore Center. Immediately south of the subject property is a small property with RC zonjng that contains a small single family residence. Extending beyond these prope1ties, the zoning consists of varied commercial zones along Wadsworth Blvd, MU-N zoning along W. 38U1 Avenue, and various residential zones within the neighborhoods. Case No. WZ-1 5-07 I Read King 14 The property has access on both street frontages, including a curb cut on Wadsworth Blvd near the southern property line of approximately 34 feet in width. An additional curb cut is located on W. 38th Avenue along the eastern property line of approximately 32 feet in width. The property is platted as the Texaco Minor Subdivision, consisting of the one subject property. Applicant/Owner Preliminary Proposal: The appli cant is proposing to rezone the property to Mixed Use-Commercial (MU-C). The purpose of the zone change is to allow a free standing emergency room to locate on the site following demolition of the ex_isting structures. The applicants' propose a business model that follows a trend of small, decentralized medical faci lities. T ypically, the applicant's client, Neighbors Emergency Center & ER, partners with an area hospital, which can provide the patient a full range of diagnostic and treatment services if patient needs cannot be met within the freestanding emergency room facility. Ambulance service will transport the patient to a larger facility, if necessary. Typically, an ambulance will not transport patients to the free standing emergency room, rather they arrive in private vehicles as with urgent care facilities. Patients can remain at the proposed emergency center for no more than 23 hours. The following is a summary of the neighborhood meeting: • ln addition to the applicant and staff, two members of the public were in attendance--Paul Battista and Roger Loecher-both of whom own property along Wadsworth. • Support for the project was expressed. Questions were primarily related to the future development of the site. • Staff discussed the site, its zoning and future land use. • The applicant discussed the reasons for the zone change request, and they described the operations of the medical facility. • The applicant and members of the public were informed of the process for a zone change. • The members of the public were inforn1ed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the SUP request and proposed development: • Do you have a site plan? No, the applicants are working to prepare a site plan, but site design is not a required submittal for rezoning to a mixed use district. If the rezoning is approved, the site plan and building elevations will be reviewed in a separate process after the zone change. • Is any ROW dedication required? The Wadsworth PEL study has identified ROW needs along the entire corridor. There is already an unusually wide right-of way width adjacent the subject property because the wide right-turn lane. It is likely that right-ofway will still be required and this would be assessed more specifically during the site plan review. • Will the building be located close to the street? Case No. WZ-15-07 I Read King 15 Yes, the mixed use zone districts have a build-to requirement instead ofsetbacks. The building will be at the hard corner. • How many of these facil ities has Read King opened? Theirfacililies have primariZv been located in Texas, butt hey are expanding into other markets including in Colorado. There are 9 open in Texas, 10 proposed to open this year, and 17 proposed to open next year. • Does Read KiJtg specialize in medical facilities? They o.ffer a wide range o.fservices, but one oftlzeir clients is Neighborhood Medical Partners so they have specialized in these types of facilities. Both Read King representatives are architects by training. • What is the applicant's timeline? They are hoping to move as efficiently as possible and expect to start the site plan review as soon as possible after the zone change movejon 11ard. • ls the gas station property under individual or corporate ownership? The property is currently owned by an individual. • Have the applicants purchased the property? They are under contract to purchase !he property. Aside frorn the two neighbors at the meeting, staff received no comment from others in U1e area regarding the proposaL Case No. /VZ-1 5-07 I Read King 16 The motion was appro\•ed S-0. B. C!ft No. \\'Z.l>07: Ms. Mikulak gave a short presentation regarding the zone change process and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met. Ms. Mikulak stated the property is at the southeast comer ofW. 381h Avenue and Wadsworth Boulevard and is just less than one acre in size. The property was developed in 1989 as a fueling station and has remained unchanged over the last 25 years and is currently a Shell Gas Station. With the exception of the subject site. three of the four comers on this intersection are zoned Mixed Use-Commercial. The applicant is requesting a zone change from Mixed Use-Neighborhood (MU-N) to Mixed Use-Commercial (MU-C) for the property located at 3790 Wadsworth Boulevard. The purpose of the zone change is to better align the zoning with the location of the property and to expand possible uses for the site including redevelopment for a freestanding emergency room. In 2011 the Wadsworth corridor rezoned to MU-C. The subject site is part of the 38'h Urban Renewal Area which in 2012, was rezoned to MU-N. Staff is supportive of th is zone change because MU-C is a more appropriate zoning for this location given the adjacency to Wadsworth Boulevard. The applicant wants to redevelop the site to be a freestanding emergency room. lt is a newer land use and is not specified in the City's use charts. Staff has determined the use is similar to both a hospital and medical office use. A medical office is allowed in MU-N zoning, but a medical office and hospital are both aiJowed in MU-C zoning therefore a zone change is necessary. A neighborhood meeting was held on August 12, 2015 with two neighbors in attendance and both supportive of the rezoning and reinvestment. One letter was received today, October 1. 20 IS from Lutheran Medical Center. It does not address the zone change. but does address their objections for the proposed land use. One comment was also received inquiring about the inclusion of a helicopter landing pad, but this is not permitted. There were also no concerns from city departments or agencies. Commissioner DORSEY wanted to con finn the reason for the zone change from MU- N to MU-C is to have a hospital on the site. Ms. Mikulak stated that MU-N is limits uses to a medical office as opposed to MU-C which will allow a medical office and hospital use which accommodates the proposed 24 hour use. Planning Commission Minutes -4 - September l 7, 20 15 Attachment 3 ~~· .. ~ ., City of JP'WlieatRi_dge ITEMN0:_2_ DATE: November23, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 52-2015 -A RESOLUTION APPROVING SUBMITTAL OF THE APPLICATION FOR A 2016 LOCAL GOVERNMENT GRANT TO JEFFERSON COUNTY OPEN SPACE FOR CLEAR CREEK TRAIL ENHANCEMENTS 0PUBLIC HEARING 0BlDS/MOTIONS [giRESOLUTIONS 00RDINANCES FOR I sT READING 00RDINANCES FOR 2ND READING QUASI-JUDICIAL: DYES [giNO ~t.l Nlwv~ F s nd Recreation Directo; CiR~JU ISSUE : The Jefferson County Open Space Department has a local government grant program that allows cities to appl y for matching fund s for acquisition, new construction or maintenance projects. As part of the requirements for the submittal of the grant application, an approved resolution is requi red by the Jefferson County Open Space Department showing City Council support for the requested project. Funds from the local government grant program are awarded annually by the Open Space Department to cities and districts in Jefferson County. A percentage of matching funds is required from the City's attributable share of open space funds to match the grant request. The 2016 recommended local grant application is for enhancements to the Clear Creek Trail. These enhancements include six, 12' x 12' shelters located sporadicaJl y along the trail from Kipling to the western boundary of the City in the greenbelt. The grant application also includes animal-resistant trash receptacles, picnic tables and installation costs. PRIOR ACTION: This project was included for funding in the 2016 Open Space Fund budget and presented at the budget study session in September 2015. Council Action Fonn -Application for Clear Creek Grant ovember 23, 2015 Page2 FINANCIAL IMPACT: Matching grant application funds in the amount of$90,000 have been appropriated in Open Space Fund 32 of the 2016 Budget. The grant application request is for $88.400, whi ch is 50% of the estimated total project cost of $176,800. BACKGROUND: This project has regional significance due to the fact tb at the Clear Creek Trail is part o f a regional trail system that connects on the east to Adams County and Denver and on the west to Golden and Arvada. The scope of work includes removing four shelters that are currentl y located in the greenbelt, are not ADA accessible, and range from 15 to 25 years old. The new shelters will be located in areas away from vegetation, such as poison ivy, and will provide a view corridor for those using the shelter. RECOMMENDATIONS: Staff recommends approval of the application for a local government grant for the Clear Creek Trail improvements and enhancements. RECOMMENDED MOTION: ·'J move to approve Resolution No. 52-20 15, a rc olution approving submittal of the applicati on fo r a 2016 local government grant to Jefferson County Open Space tor Clear Creek Tra il enhancements." Or. "I move to postpone indefinitely the approval of Resolution No. 52-2015, a resolution approving submittal of the applicati on for a 20 I 6 local government grant to Jefferson County Open Space for Clear Creek Trail enhancements, for the fo llowing reason(s) '' REPORT PREPARED AND REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: l. Resolution No. 52-20 I 5 2. Map of Shelter Locati ons CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 52 Series of 2015 TITLE: A RESOLUTION APPROVING SUBMITTAL OF THE APPLICATION FOR A 2016 LOCAL GOVERNMENT GRANT TO JEFFERSON COUNTY OPEN SPACE FOR CLEAR CREEK TRAIL ENHANCEMENTS WHEREAS, the voters of Jefferson County voted in 1972 to fund the planning, acquiring, maintaining and preserving of open space properties and in 1980, to allow for maintenance and development of open space lands and property within Jefferson County; and WHEREAS, Jefferson County Open Space has instituted a local government grant program; and WHEREAS, the City of Wheat Ridge would like to apply for a local government grant with Jefferson County Open Space. NOW THEREFORE BE IT RESOLVED by the City Council of the City of W heat Ridge, Colorado, as follows: THE CITY OF WHEAT RIDGE HEREBY APPROVALS SUBMITTAL OF THE LOCAL GOVERNMENT GRANT APPLICATION FOR TRAIL ENHANCEMENTS GRANT FUNDING FROM JEFFERSON COUNTY OPEN SPACE DONE AND RESOLVED this 23rd day of November, 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 Clear Creek Trail Enhancements-Shelters for the Wheat Ridge Greenbelt 2016 Locations for 6 new shelters: I) City ofWheat Ridge ROW west ofYoungfield St. 2) City of Wheat Ridge ROW west ofYoungfield St. 3) Youngfield St. Trailhead 4) Tabor Lake southeast corner 5) East of Bass Lake 6) West of the MilJer Trailhead Attachment 2 .. ~. ~ • ~ " City of • JP'"Wlie atRi_dge ITEM NO: _!:i DATE: November 23 ,2015 REQUEST FOR CITY COUNCIL ACTION ti)67 8 ~ TITLE: MOTION TO APPOINT DISTRICT I COUNCIL MEMBER D PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES On November 9, 2015, Jerry DiTullio resigned his position as District 1 Councilmember to take the oath of office for City Treasurer. Per the City Charter, the City Council has 30 days to make an appointment by majority vote to fill this vacancy. The vacancy announcement was posted on the City's website, Channel 8, the City's Facebook page, in the Wheat Ridge Transcript and a media advisory was sent to local media outlets. ln addition, all District 1 Board and Commission members were notified concerning the vacancy. PRIOR ACTION: City Council discussed a process for filling the vacancy at the November 9th regular meeting. Ci ty Council took testimony from applicants interested in the vacancy at the November 16th study session. Council took a motion to appoint Bud Starker to the position; that motion was seconded, discussed, and then laid on the table. Upon the advice of the City Attorney, pursuant to Roberts Rules of Order, that motion must be taken off the table in order fo r the appointment to be further considered. See, recommended motions below FINANCIAL IMP ACT: None BACKGROUND: The term for this appointment will expire in 2 years in November 2017. Applicants must be at CAF -Council District 1 Appointment November 23 , 2015 Page 2 least 18 years of age, a citizen of the United States, and be a registered elector and resident of Wheat Ridge Council District 1 for at least 12 months preceding the date of appointment. RECOMMENDATIONS: None RECOMMENDED MOTIONS: • First Motion (required to bring the matter back): "I move to take the pending motion on appointment to fill the Council District 1 vacancy off the table." • Alternatives at this point: o Vote on the main motion, which was to appoint Bud Starker as a District 1 Councilmember, term to expire November 13, 2017; or o Move a substitute motion to appoint as a District 1 Councilmember, term to expire November 13, 2017." REPORT PREPARED BY: Patrick Goff, City Manager ATTACHMENTS: 1. David Feiertag Application 2. Jannece Hoppe Application 3. Bud Starker Application Janette Shaver, City Oertc Oty of Wheat Rtdse 7500 W. 29"' Avenue Wheat Ridse, co 80033 November 12, 2015 Re: Application for City Council District I Vac:anty Dear Ms. Shaver, n r'"'-1 \ · l d . .:.(_. • I J 2015 t:ov 1 3 A s: 28 I wish to be considered for appointment to fill the current vacancy for Oty Council, District t. I meet all of the listed requirements for the position, and have been a resident of Distrkt 1 since 1995. I currently serve as a Commissioner for District I on the City of Wheat Ridse Parks and Recreation Commission. I am a gaduate of the University of Colorado, Boulder (B.S. Chemical Engtneerina, 1998) and have worked as an Environmental Enlfneer and Project Manager in the Denver area for over 15 years. I understand that City Council can be a thankless position -after all, how often does a constituent contact you just to tell you how great everythina is aolng?-but there are a number of important challenges facing the Ctty at this time. Durin& the term of this appointment, the City Council will have to address the recent hot·button Issues of T1F, the configuration of 38"' Ave., and the redevelopment at 38"' and Wadsworth, as well as the normal municipal concerns about development, Infrastructure, public safety, and community Involvement. The Coundl will have to address these Issues In an environment of lncreasln& political discord, and navipte these waters in the wake of the failure of 2014 Ballot Issues 2A/2B and the narrow paSSIJe of this year's Ballot Issue 300. I love livinsln Wheat Ridge. I want it to continue to be a vibrant, livable, friendly city. My children were both born In Wheat Ridge, and I would like to participate In making it a city they are proud to call home. Thankyouforyourconsldenrtkm. Slncerety, David Feferta& 3270 Ames Street Wheat Rldse, co 80212 Attachment 1 I I 1 .... , • City of • ~WlieatRl_dge Ct T'j av,..,Ctc.- Beard and Comtnissian Application APPLICATION FOR APPOINTMENT TO THE: C,Tj Covl\lc.t ,_ 1 :b, $-ritter L tYAf!\Nct) (Board/Commission/Committee) DISTRJCT:._...;;.I.;._ ____ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE:~~ ARE YOU A REGISTERED VOTER?_ .... '/.;;..~--- WHY ARE YOU SEEKING THIS APPOINTMENT? -:r weou&.). L•lt"f zc, PM. Tl Ct t1"': IIV tftt!CJN<f loi~T ~·M'£ " SISutT fY,u. 7b l.N£ AN b WoltK. DO YOU HAVE EXPERIENCE IN THIS AREA? PAgs,. ~£c:. Cfflttcnt •N Atw•sU ) HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO. WH1CH ONE? HOW LONG? '{u -PM!Ss tt-R£.c. Cs/•s -1-~""T) ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR A TTENDENCE OR DUTIES? __ N_c> _______ _ SIGNATURE~ PRINT NAME 1::>~ 'b fi •£~ ADDRESS 3"Lf1? ~E.S ST HOME PHONE ~o 3 tic; /II I B BUSINESS PHONE '3c>3 ''' 53":1-b 802...1"2.. E-MAIL ADDRESS cij,.Ce,:u=t~ <* ~~ /. C~ APPLICATION WILL BE KEPT ON mE FOR ONE YEAR City Clerk's Office. 7500 W. 29'' Ave., Wheat Ridge CO 80033 November 11, 2015 Janelle Shaver, City Clerk City of Wheat Ridge 7500 W. 29tn Avenue Wheat Ridge, CO 80033 : J 1015 • •• , 2 p : 34 Dear Mrs. Shaver, City Council, Mayor, citizens of District One and Wheat Ridge, I, Janeece Hoppe, Intend this letter to serve as my letter of Interest and application for the appointment to District 1 City Council, term expiring In 2017. I have been a registered votlng resident of District 1 since 2011. I am seeking this appointment because I have been very engaged In the community and my skills in policy making, contract negotiations, legal negotiations, financial management, and business management will benefit the citizens and City of Wheat Ridge. 1 own three successful businesses that have been built by myself, and husband from the ground up. As an entrepreneur, I am resourceful, creative, and a strong leader. I also have many years of e)(perience as a General Manager of a multimillion doUar restaurant, and several years as a Youth Treatment Counselor at an at-risk youth treatment facility. All of these positions have taught me how to be an active listener, a productive team member and a successful leader. I am currently in my last term as the Board President for Wheat Ridge 2020, and I serve on the Board of Directors of the Wheat Ridge Business District as appointed by Oty Council. I have been volunteering about 15 hours a month in the Wheat Ridge community since I purchased my commercial property In 2010. I am a lifelong volunteer. I started with Big Brothers/Big Sisters of Colorado when I was 18 and spent many years with them as a Big Sister. Currently, I serve on the development committee for The Family Tree and have been an active volunteer In the youth program. I have no conflict that would interfere with regular attendance or dutles if appointed. Janeece Hoppe 7000 West 35"' Ave Wheat Ridge, co 80033 720-838-5580 Janeece@compassconstruction.net Attachment 2 Summary of Qualifications for Janeece Hoppe Leadership and Management • Owner, Compass Construction • Owner, Compass Mechanical Heating and Cooling • Owner, Molly Marie Properties UC • Board President, Wheat Ridge 2020 Community Involvement and Service • Wheat Ridge Business District, Board of Directors • Family Tree Development Committee • Wheat Ridge 2020 Board of Directors • Ridge at 38 Leadership Committee • Ridge at 38 Trunk or Treat Event Committee • Treasurer for Wheat Ridge HS Varsity Poms Team • Classroom Volunteer at Prospect Valley EJementary Recognition "Ristng Star Award" from the Wheat Ridge Business Association for our leadership in the business community "Reinvestment Award .. from the City of Wheat Ridge "Spotlight Service Award" from The Family Tree as volunteer's that make an impact for Family Tree's overall mission Nominee for .. Corporate Philanthropy Partner" in the Denver Business Journal, Partners In Philanthropy Awards 2012 and 2014 "Community Partner of The Year .. from The Family Tree for our long standing relationship of volunteering, financial support, and in kind labor donations P. r: , .... r: I\ I • \ --· f:.. • -'_) Bud Starker 7015 !!OV I 3 p IJ: ~8 3019 Eaton St. Wheat Ridge, CO 80214 November 12, 2015 To the City Council of Wheat Ridge, Colorado: Honorable Monica "Perna" Duran Honorable Zachary Urban Honorable Kristi Davis Honorable Tim Fitzgerald Honorable George Pond Honorable Genevieve Wooden Honorable Larry 0. Mathews Dear Councilors, I write today to apply for appointment to the vacant Wheat Ridge City Council position in Distrtct 1. Below are my qualifications for office and some background information on myself. Qualifications Every registered elector eighteen {18) years of age or older on the date of the election may be a candidate and hold elective office in the city If he has resided in the city and district, as the case may be, from which he is to be elected for a period of at least twelve (12) consecutive months immediately preceeding the date of the election. I am a registered elector over the age of eighteen (18) and have resided in the city and District 1 for a period of greater than twelve (12) consecutive months. 1 Attachment 3 Personal I was born in Houston, Texas. My father was an Air Force officer and my mother was a registered nurse. My early childhood was spent in Texas, Alabama, Germany, Ma ine, Virginia and Tehran, Iran. I graduated high school from Tehran American School. I attended the University of Colorado at Boulder, Colorado and received a Bachelor of Arts degree with a major in Pol itical Science and a minor in History. I have lived in my current residence in eastern Wheat Ridge since 1975. I am married and have two grown sons. Professional I am the Owner and President of Starker Construction Co., a general construction company I founded in 1983. The company builds commerciaJ,Iight industrial and institutional building construction throughout the Front Range of the Rockies. NotabJe projects and clients of the firm include Chipotle Mexican Grill, Red Robin, Paradise Bakery, jefferson County Public Schools, U.S. Mint, City and County of Denver, City of Wheat Ridge, State of Colorado, Adams County School District 5, the University of Colorado and many others. With my wife, Mary, we built and own West 291h Restaurant & Bar in southeastern Wheat Ridge. We have invested substantially In this full·service restaurant and bar to provide an attractive neighborhood gathering place In District 1 while restoring this property to the city and county tax rolls. Professional Seryjce I have been active In numerous religious and civic leadership activities over the years including the following: • Ruling elder and President of Montview Boulevard Presbyterian Church. • President and Cha1rman of the Board of Directors of the Associated General Contractors of Colorado (AGC/C); board member 199S·present; chair of the legislative committee. • National Director, Assodated General Contractors of America (AGC/ A). • Public Member and Board Chair for the Colorado State Board for Architects, Engineers and Professional Land Surveyors. 2 • Eagle Scout and Brotherhood member in the Order of the Arrow Boy Scout Honor Society. Wheat Rid&e Service • Wheat Ridge Building Code Advisory Board. • Wheat Ridge City Council. District 1. • Wheat Ridge representative to the Policy Committee of the Colorado Municipal League (CML). • Wheat Ridge representative to the Board of Directors of the Jefferson County Economic Development Corporation OeffcoEOC). • Board of Directors and Treasurer of the Wheat Ridge Business Association (WRBA). • Active member of the Healthy Eating Active Living (HEAL) Policy Team with Jefferson County Public Health which successfully developed a proposal and received grant funding of approximately Sl.SmUiion from the Colorado Department of Health for a program titled "Reducing Chronic Disease in Jefferson County through Health ln All Policy". • Active in promoting bicycle and pedestrian transportation options for our city to include: formation of the Active Transportation Advlsory Team (A TAT); sponsor funding for the Pierce Street and West 32nd Avenue bicycle pathways; promote strategies that develop mutual understandlng and respect for the rights of motorists, bicyclists and pedestrians. • Participant ln the RTD committee to select public art for the Wheat Ridge Ward Road Station. • Advocated for District 1 residents to "upscale .. the perimeter fence at Denver Water Department's Ashland Reservoir and ensure esthetic landscaping for the project • Worked with District 1 residents, city staff and Denver Water Department to utilize an abandoned water conduit repurposed for storm water runoff to alleviate flooding lssues in southeastern Wheat Ridge. • Active in developing and promoting the East Wheat Ridge Project to provide free dumpsters for neighborhood clean-up use to increase public safety, stem potential neighborhood decline and build community awareness. The success of this program is evtdenced in its replication in two neighborhoods ln other Districts. • Worked on a new program to increase safety and reduce speeding through neighborhoods. • Organizing member of the West 29th Marketplace Merchants Assodatlon. • Active supporter of numerous community events: many new bus iness ribbon- cuttings; Kite Fllte Festival; Criterion; holiday festivities on 38th Avenue; Carnation FestfvaJ and many others. 3 Closin& In closing I would like to express my sincere thanks to the City Council for the opportunity to provide this application and background information. Our city faces great challenges but greater opportunities. I have been an active participant in the affairs of our city for many years and am committed to working together to find creative strategies and solutions that move our city forward. I have a strong background in civic and non-profit governance and will be a.ble to faithfully fulfill the duties of councilor in District 1. Please feel free to contact me with any questions you may have. Sincerely yours, Bud Starker 4 ~ ~ 4 ..... ~ "' . City of JP'WlieatR.t_,dge ITEMNO: 5 DATE: November 23, 20 15 REQUEST FOR CITY COUNCIL ACTION G)~" TITLE: MOTJON TO RATIFY MAYORAL APPOINTMENT TO WHEAT RIDGE HOUSING AUTHORITY D PUBLIC HEARING I:8J BIDS/MOTIONS D RESOLUTIONS Q UASI-J UDICIAL: City Clerk ISSUE: D ORDINANCES FOR I ST READ LNG 0 ORDINANCES FOR 2N° READING D YES The Wheat Ridge Housing Authority's members are appointed by the Mayor and rati fied by City Council. Mayor Jay has asked that Tim Fitzgerald be appointed to the Housing Authority as the City Council representative to replace Tracy Langworthy. PRIOR ACTION: Tracy Langworthy was appointed as the City Cotmcil representative to the Wheat Ridge Housing Authority with a term expiring on March 2, 2016. Ms. Langworthy's City Council term expired on November 9, 2015. FINANCIAL IMPACT: None BACKGROUND: The vision of the Wheat Ridge Housing Authority is ''To increase home ownership opportunities and neighborhood/community pride in Wheat Ridge." The program goals of the Wheat Ridge Housing Authority are as follows: • Encourage and promote homeownership tlu·ough the acquisition of deteriorated or foreclosed properties to convert to homeownership. CAF -Housing Authority Appointment November 23, 2015 Page2 • Become a community resource for the assistance of and referral of housing funding and other housing needs. • Develop partnerships with other Housing Authorities, outside agencies. financial institutions and pri vate investors to provide affordable housing. • Remain a self-sustaining agency by reinvesting profits iJ1 tbe rehabbing of deteriorated housing stock. RECOMMENDATIONS: Mayor Jay is recommending that Council Member Fitzgerald be appointed to th e Housing Authority, tem1 expiring March 2, 2016. RECOMMENDED MOTION: ·'I move to ratify the Council Member Mayoral appointment ofTim Fi tzgerald to the Wheat Ridge Housing Authority, fenn to expire March 2, 2016." Or "I move to deny the appointment of Tim Fitzgerald to the Housing Authority for the following reason(s) " REPORT PREPARED BY: Janice Smothers, Administrative Assistant to the Mayor and City Coun cil Patrick Goff City Manager ~ . " _.. • " City of JP'Wlieat~e ITEM No:JL. DATE: November 23, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ELECT THE MAYOR PRO TEMPORE 0 PUBLIC HEARING (8] BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDIC IAL: C ity Clerk ISSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING D YES Each year City Council members nominate by secret paper ballot, and elect by a majority vote, a Mayor Pro Tempore (Pro Tern) who serves until thei r successor is elected. The Council is encouraged to confinn the nomination unanimously. Each Council Member has been provided a nomination fo nn in their agenda packets. Each Council Member is asked to complete the fonn, fold it and hand it to the City Clerk during the hearing of thi s item. The City Clerk will announce the results of the secret ballot. FINANCIAL IMPACT: None BACKGROUND: Mayor Pro-Tem authority and duties include: 1. Presiding over the meetings of Council in the absence of the Ma yor 2. Functioni ng as the Council Parliamentarian and advising the Chair and Council Members on Parli amentary rules 3. Reviewing and setting the Counci l agenda prior to Counci l Meetings 4. Detennining emergency items at Council Meeti ngs 5. The Mayor Pro Tern has the authority to pull an item off the agenda with the exception of an item placed on the agenda by two Council Members 6. Arranging and coordinating the orientation of all newly-elected officials within two months after the electi on. Council Action Form -Election of Mayor Pro Tern November 23. 2015 Page 2 RECOMMENDED M OTION: "I move to elect as Mayor Pro Tempore, effective immediately. tem1 to expire upon election of their successor." REPORT PREPARED/REVIEW ED BY : Janelle Shaver, City Clerk Patrick Goff, City Manager ATT ACHMENTS: I. Mayor ProTem nomination fonn Below Space For Office Usc Only Council Nomination for Mayor Pro Tempore Council Rules. CHAIRMA . MAYOR PRO TEM A D THEIR DUTIES, Scctiun B.( I): AI the first or second business meeting in cwember of each year. the Council shall nominmc by secret paper balloL and elect by molion upon a majority vote. a Mayor ProTem who shall serve until their successor is elected. TI1e Council i encouraged 10 confirm 1hc nominmion unanimously. Name of Council Member to be nominated This Council Member nomination of candjdate for Mayor Pro Tempore was made and submitted Lo the Cily Clerk on this 9th day of November, 2015. Cily Clerk; ---------- City of Whem Ridge Fonn Rev · 06 09 ~ ~ '4 ... ~ ~ City of • -~Wheat~dge .JVc"oMMUNilY DEVELOPMENT TO: FROM: THROUGH: DATE: SUBJECT: ISSUE: Memorandum Mayor and City Counci l Kenneth Johnstone, Community Development Director Lisa Ritchie, Planner TI Patrick Goff, City ManagerJid. November 16, 2015 (for November 23 study session) CommerciaJ Mobile Radio Service (CMRS) Regulations Section 26-615 of the Wheat Ridge Code of Laws, concerning commercial mobile radio service (CRMS) facilities, has been identified for proposed zoning code updates by the community development department. CMRS facilities are commonly known as cellular communications towers, antennas and related support equipment. Current City regulations are outdated and should be revised to respond to technology im provements, recently adopted Federal· Communications Commission (FCC) rules and to consider changes to the review and approvaJ process for certain applications and associated development standards. PRIOR ACTIONS: The current regulations were last updated in a substantial manner in 1996 following the passage of the Telecommunications Act of 1996. Minor reference tenninology updates have occurred since that time. FINANCIAL IMPACT: No direct impact BACKGROUND: The City's code currently contemplates three generaJ categories ofCMRS facilities. These categories are typical when comparing neighboring jurisdictions, and changes are not proposed to include additional categories. The three categories are building or structure-mounted, roof- mounted and freestanding CMRS facilities. The following local examples are provided on the next page: Study Session -CMRS Facilities November 23. 2015 Page2 Building or Structure-Mounted CMRS Facilities: Wheat Ridge Uni ted Methodist Church at 7530 W. 38111 Avenue- Multiple building-mounted panel antennas are mounted on the steeple. This is a good example of flush mounting and antennas wh ich are colored and textured to 2 Study Session-CMRS Facilities November 23,2015 Page3 Roof-Mounted CMRS Facilities: 3 Highland West Senior Apartments at 6340 W. 381h Avenue-Multiple building-mounted panel antennas are placed near the roofline. This is an example of panel antennas being placed higher than the rootline, which staff recommends not permitting. Office Building at 7760 W. 38th A venue -Multiple roof-mounted panel antennas are placed in the center of the roof. This is an example of roof-mounted equipment with no screening; staff does not recommend penni tting without screening. Study Session -CMRS Facilities November 23, 2015 Page4 Freestanding CMRS Facilities: Freestanding facility at 10100 W. 50th Avenue-Multiple antenna are mounted on a monopole, with accompanying accessory equipment located on the ground. 4 Foothills Medical Center at 8506 W. 38th Avenue-Multiple roof- mounted panel antennas are placed on the edge of the roof, with screening to match the color of the building. Staff suggests requiring equipment be placed further inward from the roof edge whenever feasible. Study Session -CMRS Facilities November 23, 20 15 Page 5 Freestanding facility at City Hall- Multiple antenna are mounted on a lattice tower, with accompanying accessory equipment located on the ground behind masonry wall screening. Overviews of the areas proposed to be amended are covered in this section. More detailed discussions are included in the recommendations section below. FCC Regulations As part of the Middle Class Tax Relief and Job Creation Act of2012, Section 6409(a), the "Spectrum Act'\ required changes to local governments' CMRS review and approval procedures. The ruling went i11to effect in April ofthis year, and requires all local govemments to approve all applications within 60 days for any request for modification to an existing facility that does not substantially chru1ge, as defmed by the FCC, the facility. The application may be for up[:,JTading or swapping existing equipment, or for adding additional equipment. The approval timeline that the City must meet under thjs regulation may not be possible as applications are currently processed under the code and staff suggests that an examination of both the regulations and processes should be undertaken to ensure the City can comply. Staff conducted an evaluation of regional codes that have been updated in response to the FCC ruling, and in conjunction with the City Attorney, and are proposing ru1 approach that should ensure compliance and will likely provide adequate guidance for staff when administering review of CMRS requests. Development Standards The code, as currently written, provides some development standards for CMRS facilities. However, in staff's opinion, there are areas in which the code is silent with respect to certain standards and zone districts for which additional guidance is desired. Additionally, staff suggests revising other development standards in response to updated technology or in response 5 Study Session -CMRS Facilities November 23, 2015 Page6 to the ability of applicants to minimize visual impacts in maru1ers not contemplated when the current regulations were put in place in 1996. RevieH· and Approval Process In addition to the need to update the review and approval processes to align with the FCC ruling, staff suggests an examination of the review and approval process for all applications. Should development standard be broadened and refined, staff suggests permitting additional application types to be reviewed and approved administratively. This approach is proposed to encourage or incentivize well-designed facilities. RECOMMENDATIONS: A complete repeal and reenact of Section 26-615 is recommended by staff. At this time, staff is not recommending a general public outreach effort beyond the required public notices for a public hearing to consider adoption of a new ordinance. However, staff will forward any proposed ordinance to contacts in the industry, requesting comments and feedback to ensure any proposed changes are compatible with industry standards. An o erview of staff's recommendation for the proposed components of the City's CMRS regulations is provided below: Purpose and Intent Currently, there is no purpose and intent section for the CRMS regulations. Draft language is provided below: The purpose and intent of this Section 26-6 15 is to accommodate the communication needs of residents and busine sc while protecting the public health, safety, and general welfare of the community. These regulations are necessary in order to: I. Facilitate the provision of wireless telecommunication services to the residents and businesses of the C ity. 2. To minimize adverse impacts of facilities thro ugh careful design, siting and screening standards. 3. Encourage and maximize colocation and the use of existing and approved towers, buildings, and other structures to accommodate new wi reless telecommunication antennas in order to reduce the number of towers needed to serve the community. 4. To provide specific regulations related to the review processes for CMRS facilities. 5. To align the review and approval process for CMRS facilities with the FCC and any other agency ofthe federal government with the authority to regulate CMRS facilities. Definitions The City's code currently includes definitions associated with CMRS facilities. At this time. staff is proposing minor changes to the existing definitions, and the inclusion of new definitions related to the FCC ruling. Staff recommends the following new definitions: • "Eligible facilities request" to define which facilities and applicati ons shall fall under the FCC ruling • "Substantially change'' to provide the parameters of permitted change to an existing faci li ty to determine if that faci lity is eligible to be approved under the FCC ruling 6 Study Session -CMRS Facilities November 23, 2015 Page 7 Applicability The City's code currently does not include an applicability section. This type of section is commonly included and provides infom1ation regarding which types of facilities and applications the section regulates. Staff recommends that Section 26-615 should apply to all new CMRS facility applications, and that existing approved facilities shall continue to meet provisions related to safety standards, abandonment, and other FCC or federal regulating authority requirements. Review and Approval Process Under the current City code, the review and approval process for facilities is prescribed. Staff recommends the considerati on of the following: Application Type Current Proposed Procedure Procedure Building or Structure-Mounted CMRS Building Pemtit Bui I ding Permit Facility Roof-Mounted CMRS Facility Special Use Pennit Building Permit Freestanding CMRS Facility -Straight Special Use Permit Special Use Pemut Zone District Amendment to Amendment to ODP, unJess identified Freestanding CMRS Facility-Planned ODP, unJess on ODP, unless CDD determines Development Zone District identified on ODP faciUty is compatible, then Special Use Permjt Colocation or Modification on an Existing Per Facility Type Bui I d ing Permit Facility -Substantial Change Procedure Above Eligible Facilities Request -Not a Not included Building Permit Substantial Change Development Standards The code currentl y includes some development standards for CMRS faci lities. The standards in place are generally appropriate, however staff recommends additional provisions that are common in other jurisdictions and wouJd provide addi tional measures for mitigation of potential impacts and visual considerations. The code currently includes two provisions for development standards related to all facilities; that no facility shaJJ ex.ceed the height limit applicable in the underlying zone district; and a regulation regarding what constitutes abandonment of a facility. Staff recommends the establishment of the fo llowing additional development standards related to all facilities: • Colocation: Staffrecommends including language encouraging, and in some cases, requiring colocation on existing facilities as an effort to minimize adverse impacts associated with the proliferation of towers. This is typical language when surveying neighboringjurisdictions. The new regulation will require applicants to demonstrate that no existing facili ty can accommodate their needs, that no existing facility owner shall Wlfeasonably exclude a telecommunication competitor from sharing facilities, and that new facilities shall be constructed in a manner that additional eq uipment can be collocated in the future. 7 Study Session -CMRS Facilities November 23, 2015 Page 8 • Federal Requirements: Staff recommends including provisions that all facilities shall meet current standards and regulations of the FCC. the FAA, and any other agency of the federal government with authority to regulate CMRS facilities. • Safety Standards: Staff recommends including language requiring al l facilities to confonn to the requirements of the International Building Code, or National Electrical Code, as applicable. • Residential Uses: Staff recommends including clarifying language regarding CMRS facilities in residential areas. The following is proposed: o The City prohibits freestanding CMRS facilities in all residential districts. o The City prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling. o Bujlding, structure or roof-mounted CMRS faci li ties may be located on a propet1y containing a nonresidential or multi-family use. In addition to the above standards for all CMRS facilities. staff recommends consideration of the following development standards for each facility type: Freestanding CMRS Facility Development Standards Development Standards C urrent Standard Proposed Standard Necessary when adjacent Necessary when adjacent Screening; Base residential development and residential development and public ROW public ROW etbacks --Consistent v.rith Accessory Uses in Lhe undcdyinl! zone district Not to exceed maximum Not to exceed pennitted height Height height in underlying zone district for a principal use Shall not be pcmlitted between Location on Property --the principal structure and the street 8 Study Session -CMRS Facili ties November 23,2015 Page 9 Roof-Mounted C MRS Facility Development Standards Development Standards Current Standard SbaU be screened by materials that are architecturally Screening compatible with and colored to match the building or structure to which it is mounted Setback from roof edge -- No more than 10 feet above Height -Whip Antenna the parapet of any flat roof or ridge of a sloped roof to which they are attached No more than 7 feet above any Height -Panel Antenna parapet of a flat roof, not pemUtted on a sloped roof Height -Accessory No more than 7 feet above any parapet o f a flat roof, not Equipment pemlitted on a sloped roof Proposed Standard Shall be screened by materials that are architecturally compatible with and colored to match the building or structure to which it is mounted Shall be setback to the greatest extent possible so that it is not visible from the street or adjacent residential property No more than J 2 feet, as measured from the roof deck No more than 12 feet, as measured from the roof deck No more than 12 feet, as measured from the roof deck, not perrnjtted on a sloped roof Building or Structure-Mounted CMRS Facility Development Standards Development Standards Current Standard Proposed Standard Shall be architecturally Shall be architecturaJJy Screening; Color and compatible with and textured compatible with and textured and colored to match the and colored to match the Texture building or structure to which building or structure to which they are attached they are attached Shall be mounted as flush as Mounting Not to exceed 2 feet from face possible, not to exceed 2 feet from face No more than I 0 feet above No more than I 0 feet above the Height -Whip Antenna the highest point of the highest point of the building or building or structure to which structure to which they are they are attached attached Shall not extend above the Height -Panel Antenna --building wall or parapet to which they are attached 9 Study Session -CMRS Facilities November 23. 2015 Page 10 In addition to the above, staff recommends the consideration of an add itional category of development standards related to accessory equipment that is placed on the ground or within a separate building on the site. Depending on the facility, it is possible that any of tl1 e above facilities could require separate accessory equipment and. in stafrs opinion, development standards related to these accessory equi pment units or buildings housi ng accessory eq uipment should be crafted independent of the categories above. The current code addresses some accessory equipment structure development standard in their associated category. As such, staff recommends the fo llowing: Ground-Mounted CMRS Facility Accessory Equipment Development Standards Development Standards Current Standard Proposed Standard Setbacks --Con istcnt with Accessory Uses in the underlying zone district Heigbt --Shall not exceed 12 feet Shall be totally screened from Equipment not contained in a building Screening -Equipment view from adjacent property shall be ft1lly screened from adjacent lines residential properties and public ROW Shall be compatible with the Shall be architecturally compatible Compatibility-Buildings existing character of the site with existing structures on the property and adjacent properties and character of the neighborhood 10 ' '<I ..... ~ .. City of • ~Wheat&_,dge ~OMMUN llY DEVELOPMENT Memorandum TO: Mayor and City Council FROM: Kenneth Johnstone, Community Development Direcror¥A . Lisa Ritchie, Planner II f\A o Patrick Goff, City Manager W THROUGH: DATE: November 16, 2015 (for November 23 Study Session) SUBJECT: Accessory Dwelling Units ISSUE: Under direction from City Council, community development staff is undertaking an initial study of possible considerations to be included in a potential ordinance to penn it accessory dwelling units. An accessory dwelling unit (ADU) is a self-contained, small er living unit on the lot, typicaJly, of a single-family home. An ADU is differentiated from a duplex, or a lot with two units, through more restrictive standards for size, location on the lot, ownership and occupancy. The City currently prohibits the use of an accessory building as a dwelling unit under Sec. 26- 625. For comparison. many jurisdictions in the Denver metropolitan area currently permit ADUs ei ther by right or through special review. There are three common types of AD Us: An Attached ADU is a living space that is added on to an existing dwell ing. Attached ADU located at the rear of the primary structure. The entrance is located at the side or rear of the primary residence. Study Session -AD Us November 23,2015 Page 2 A Detached ADU is structurally separate from the primary dwelling. Detached ADU is located at the rear or side of the property. or sometimes on top of a garage. An Interior ADU is located within the primary dwelling, commonly built through the conversion of existing space. such as a basement or attic. PRIOR ACTIONS: Interior ADU located within the primary structure. A separate entrance is typically located at the side or rear of the primary residence. The last substantial City Council discussion on this topic was in 200 I. At that time, most neighboringjurisdictions did not permit them, and a "stay-the-course" decision was made. Over time, many of these neighboring jurisdictions adopted ADU Ordinances and now allow them. More recently in Wheat Ridge, as part of the City Council commissioned Housing Di versification Strategy study that was undertaken in 2013 and 20 14, a recommendation was made to allow ADUs, under a potential pilot program. City Council recently provided direction in March 2015 to bring back this topic for more detailed discussion. FINANCIAL IMPACT: No direct impact BACKGROUND: Staff provides the following as an initial examination of whether AD Us are appropriate in Wheat Ridge, what the impacts could be. what the standards should be. and how to pennit and regulate them. 2 Study Session -AD Us November 23,2015 Page 3 There are numerous possible benefits to a household that can be realized by pennitting AD Us. These include the provision of additional income to a household by renting the ADU, providing housing for aging family members or young adult children as they are entering the workforce, or providing the option for an aging person to remain on their property by renting out the primary residence. Benefits to the City as a whole may be realized from financial investment in properties, attracting new home buyers to the City, and the abili ty to retain current aging residents. ADUs are an efficient way to accompli sh in-fill development and provide additional housing options with a lower cost and quicker pennitting process without dramatically impacting the character of existing neighborhoods. Any new ordinance sho uld consider what impacts may be associated with AD Us and provide regulations and processes that respond to the public's input, council direction and staff research. Most neighboring jurisdictions allow ADUs, including Arvada, Lakewood, Golden, Jefferson County, and Denver, as well as regional communities, including Boulder, Englewood, Aurora, Longmont, Loveland and Fort Collins. Likelihood of ADUs i11 Wheat Ridge Withjn the City of Wheat Ridge, there are conditions which may result in the construction of AD Us. These include ri sing home costs, an aging community and local and regional growth. It is worthwrule to note that staff receives inquiries regarding AD Us on a weekly basis. Afford ability Over the past 12 months, the median home price in Wheat Ridge has increased 14.2% to $312,400 in August 20 I 5. This also represents a 47% increase from August 2010, when the medjan price was $213,000. (Zillow, I 0/16/20 IS) Aging Community Within the City of Wheat Ridge, derno&rraphk indicators reveal an aging population and decreasing household size over the past decade. 2010 Census -Wheat Ridge-Average HH size-2.12 2000 Census -Wheat Ridge-Average HH size-2.2 2010 Census -Wheat Ridge-Median Age -43.7 2000 Census -Wheal Ridge-Median Age -40 2010 Census-Wh eat Ridge-Living Alone-38.4% 2000 Census -Wh eat Ridge-Living A lone -35.4% Community and Regional Growth Colorado Department of Local Affairs fo recasts that the state of Colorado will grow in population by over 2.2 million residents between 2015 and 2040. Jefferson County is predicted to have a lower growth rate than the state as a whole, but Denver County is predicted to grow at higher rates. Long range plans for Wheat Ridge discuss the need for improvements to existing housing stock rather than accommodating large amounts of growth from new housing. 3 Study Session-ADUs ovember 23, 2015 Page4 The contemplation of an ADU often occurs when a homeowner is undertaking other improvements on the property or when a potential buyer is considering the initial purchase of the property. These triggers will likely occur in Wheat Ri.dge now and in the future as existing properties continue to age. Anecdotal evidence from other jurisdictions reveals that most communities experience less ADU demand than what was anticipated. Challenges arise in the appraisal and finance process. Some communities find that their municipal regulations include unforeseen baniers for ADU development, such as regulations regarding parking or minimum lot size requirements. Potential obstacles should be considered when detennining ADU re&rulations. Analysis by some researchers reveals that although some communities pennit ADUs, their regulations are so restrictive that ADUs are effectively undevelopable. Q: Is the City Council interested in furthering a discussion regarding Accessory Dwelli ng Units and any accompanying regulations at this time? Otl1 er Hnusiug Issues Beyond the discussion surrounding AD Us. other housing questions may arise. This memo will touch on these and how they relate to an ADU discussion. Tim• Houses Tiny hou e is a tenn associated with a movement that advocates living simply in a small home. The average size of these homes is I 00-400 square feet. The homes in the smaller range are commonly on wheels and can be transported from place to place. Homes throughout the range can also be on foundations and have more permanent components for utilities and features. The motivation to live in a tiny home is commonly financial. environmental or a desire to live simply. Within the City of Wheat Ridge. all new residential single family dwellings must comply with the 20 12 International Building Code. It is possible to penn it a tiny house under the code. if the plans comply with minimum habitable room size. horizontal dimension requirements, and bathroom and kitchen requirements and is constructed on a permanent foundation. The City has no minimum standard for dwelling size in residential zone districts. In Sec. 26-626 discussing residential uses in commercial zones, a 500-square-foot minimum size is required. Tiny homes on wheels fall under regulations for R Vs and are licensed through the DMV. constructed to RV standard and should comply with zoning requirements for locations pem1itted, and generally are not allowed to be occupied within the City. Within the ADU discussion, questions regarding tiny houses may arise. A tiny house could be an ADU, or it could be a primary residence. Given the growth of the movement, thought should be given to any ADU standards with regard to tiny houses and how they should be approached, and whether the City ultimately supports them. 4 Study Session -ADUs November23, 2015 Page 5 RECOMMENDATIONS: Staff recommends consideration of tbe following topics be included in any potential ADU regulations and processes. A brief discussion and examples of options are provided below: Architecture Compatibility with the primary residence on the property is a common requirement for an ADU. Regulations may include provisions for: I. Entrances: It is common for regulations to discuss minimizing a second entrance from view at the street frontage, or prohibit an entrance along the front of the property. Other jurisdictions require entries to be made from alleys. As Wheat Ridge has a limited number of properties that are on an alley, this restriction seems unnecessary. It is also common to see a requi rement that the entry shaU not be visible from the street frontage, to give the appearance of a single family home. This may become a problem for emergency services not recognizing a separate dwelling unit if the entry area is concealed from the street. 2. Windows: A small number of regulations require that windows of a new ADU not infringe on neighbor's privacy. Enforce of this may be difficult as it is a matter of opinion and it may not be possible to determine until construction or renovation is near completion. As long as the ADU complies with the primary use setbacks, this regulation seems problematic. 3. Roof Pitch: It is common that regulations require the same, or visuall y similar, roof pitch on an ADU as the predominant pitch of the primary residence. 4. Eaves: Similar to roof pitch, an ADU is commonly required to have the same, or visuall y similar, eave design. 5. Building Materials : The exterior materials, including siding, masonry, and windows, are typically required to be the same or visually compatible with the primary residence. Q: ls City Council supportive of staff developing standards related to architectural compatibi I ity? Size By definition, the tenn Accessmy Dwelling Unit requires that it be incidental and subordinate to the primary use and structure. In order to accomplish this, it is common to have size restrictions on ADUs. There are generally two ways to accomplish this, either a range of allowed sizes, such as 400 to 850-square feet, or a percentage of the primary use, such as 50% of the primary, or I ,000 square feet, whichever is less. The size restriction should be compatible with any other restrictions on ADU development, such as occupancy, relationship to primary, zoning etc. [f these restrictions aren't compatible, the full possibility may not be realized. Q: Would City Council prefer staff to develop standards around a range of allowed sizes, or a percentage of the primary use approach? Parkiug The requirement of one (or more) off-street parking spaces is common. It should be noted that this requirement can prevent ADUs from being developed in certain areas and many organizations that promote AD Us recommend that this restriction not be put in place. However, as with other types of developments, this is one of the primary concerns of existing residents. 5 Study Session -AD Us November 23. 20 15 Page 6 Studies have shown that in most cases, the provision of parking isn't necessary and AD Us have minimal to no impact on availability of on-street parking in neighborhoods. Staff suggests developing parking standards that would require the provision of an off-street parking space for an ADU under certain conditions, such as if there is no on-street parking available due to unique circumstances in the adjacent street condition, or if the primary residence does not meet the off-street parking requirements. I Q: Is City Council supportive of stafrs suggestion regarding the provision of off-street parking? I Density Certain communities, due to concerns over density and parking impacts, regulate how many ADU can be constructed in a given area and/or how many occupants may live there. Neighborhood caps Some communities restrict the number of permitted AD Us by neighborhood or by radius. Examples include: I. No ADU may be nearer than 500 feet to another ADU 2. No more than 10% of the parcels in a neighborhood area may contain an ADU. eighborhood area is determined by a radius. such as 300 or 600 feet of the perimeter or the lot proposed. 3. The total number of ADUs permitted in one year cannot exceed more than I% of the total number of dwelling units within the City. Occupancy Limits Some regulations include limits on the number of occupants, such as no more than two occupants, or no more than one for every 200 square feet. or no more than two unrelated occupants. lf occupancy restrictions are put in place, they should relate to the total size allowed or the regulations may be restricting them more than intended. At this time. staff does not recommend the inclusion of density regulations in any ADU regulati ons. Q: Is City Council supporti ve of staff's suggestion regarding the omission of density regulations? Zoning Regulations typically include ADU development standards for all permitted zone districts. They can be crafted to reflect conditions of each zone district. or can be the same for all zone districts. Zone Dislricts Permilted Given the context in Wheat Ridge, staff suggests permitting AD Us in all residential and agricultural zone districts, so long as the primary use is a single family home. Consideration could also be given whether to pem1it ADUs on lots that already have more than one unit. 6 Study Session -ADUs November 23,2015 Page 7 Setbacks. Location Regulations typically include location requirements on the lot that are equal to the primary structure's for side and rear setbacks and are equal to or further inward than front yard setbacks for the primary structure. The intent is that the ADU appears incidental to the primary residence. Minimum Lot Size Similar to the City's requirements for minimum lot size to allow two or more dwellings in R2 and R3 zones, most jurisdictions have a minimum lot size to add an ADU. For jurisdictions with the requirement, common ranges for lot size minimums are between 5,000 and 9,000 square feet. Stafl'believes high minimum lot size is a banier to ADU development and that the maximum building coverage regulations will provide appropriate massing restrictions. In Wh eal Ridge, Rl zoned parcels (approx. 3,300 parcels), when removing parcels greater than I acre and random smaller parcels, have a median lot size ofroughly 12,000fi In R2 and R3 zoned parcels (approx. 5,500 parcels), the median parcel si=e is also roughly 12,000 square feet, although the range of parcel size is much greater due to smaller condominium lots and larger multi-fami~y parcels. Maximum Building Coverage As noted above, staff believes that massing of buildings on lots can be appropriately regulated through the maximum building coverage standards for each zone di strict. For example, all structures' combined footprints cannot exceed 40% lot coverage in the Residential-Two zone district. Q: Is City Council supportive of staff's suggestion regarding potential zone districts and related development standards? Ow11er Occupancy It is common to find restrictions on ownership for ADU occupancy. Most regulations require the owner to occupy either the primary dwelling or ADU. Given the City's adopted plans and supported documents that encourage owner occupancy, staff supports this requirement. Deed Restrictio11 or Covenallt In order to ensure that the owner is an occupant, many jurisdictions require that a deed restriction or covenant be recorded. Beyo nd this. some jurisdictions require a yearly permit be filed stating this requirement has been met. I Q: Is City Council supporti ve of an owner occupancy requirement? 7 Study Session -AD Us November 23, 2015 Page 8 Services a11d Fee~· In order to permit ADUs, there are common fees associated with their applications and construction. If the discussion to pem1it ADU advances, staff will work to understand what may be an appropriate fee structure. Permit Fees As part of the pem1it application. a fee is typically charged for its review. These fees should be in line with other fees for Land Use applications. and should not be arbitrarily high as to prohibit the application. Utilities and Services Wheat Ridge is not a full-service City, and therefore will not have the ability to completely detem1ine the requirements for these provisions. It is more common to see jurisdictions prohibit separate utilities to an ADU as an effort to ensure the unit or lot is never subdivided or condominiumized. Should the ADU discussion advance, staff should reach out to all utility providers and emergency services providers to understand how they will approach ADUs. Proce.\·s There are two common ways in which jurisdictions approve an ADU. Some jurisdictions do so under their zoning re&rulations as a by-right use. All required standards are defined. and an application that complies shall be allowed in nil instances, similar to a sign pem1it. Some require a special or limited use land use application tor all applications in order to ensure that all context considerations are met and/or to allow public review of each application. Generally, all jw·isdictions have an application tonn specifically for an ADU, and have supplementary materials which describe the process and standards. Some jurisdictions require a pre-application meeting as well. Staff recommends crafting clearly-defined standards for a by-right use. I Q: Would City Council prefer ADU's being a use by right or requiring special review? ATTACHMENTS: l. Table of Comparison Community Regulations 8 Y-Min of 200 sf, not to Single exceed 40% Arvada I y I y I Family N y y of primary, or I N Zones 800 sf whichever is less Y-Min of 300 sf, not to Y-with posting exceed 33% Boulder I y I and adjacent N Y-6,000 sf y y of primary or I y owner notice 1,000 sf, whichever is less Denver I y I Y-with adj~cent owner notice N Y -Varies by I Zone District N I y I Y -Varies by I Zone District N Englewood I N-Undergoing Consideration Y-Not to Single exeeed 50% Golden I y I y I Family Y-5.000 sf y y of primary. or I N 800 sf, Zones whichever is less Single Varies with Jefferson I I Y -with adj~cent I size of lot County y owner notice Family and N y y and type of Ag Zones AD U Lakewood I y I y I N Y -9,000 sf y y 700sf I N Littleton N -Undergoing Consideration Westminster N