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Home My WebLink About03/14/2005 6:30 p.m. Pre-Meeting ~\~:l\l~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 14, 2005 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ~ ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF February 28. 2005 PROCLAMATIONS AND CEREMONIES Oath of Office for newly appointed Board and Commission Members CITIZENS' RIGHT TO SPEAK - 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING R08'TER before the item is called to be heard APPROV AL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. PUBLIC HEARING A REQUEST FOR APPROVAL OF A FOUR LOT SUBDIVISION FOR PROPERTY ZONED R-1A LOCATED AT 11900 WEST 38TH AVENUE. (Case No MS-04-12/Prospect Gardens) Item 2. PUBLIC HEARING A REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN FOR PROPERTIES ZONED PHD LOCATED AT 8301 AND 8321 WEST 32ND AVENUE. (Case No WZ-04-12/Exempla) @~w @@Q)J~@O[s ~a~Q)Jlf~@ CITY OF WHEAT RIDGE, COLORADO February 28, 2005 Mayor Cerveny called the Regular City Council Meeting to order at 7'00 p m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF February 14, 2005 Motion by Mr DiTullio for the approval of the Minutes of February 14, 2005, seconded by Mr Schulz; carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read Proc!amation in Honor of Marissa Kuhl and presented her with a gift certificate CITIZENS' RIGHT TO SPEAK - Frank Zuech, 14253 West Center Drive, addressed some problems he is having with the City about his trash containers He distributed pictures to Council and left his phone number with the City Clerk who entered it on the sign-up sheet. Item 1. Consent Agenda: A. Award ITB-05-5 2005 Concrete Rehab Project. B Approve Utilities Undergrounding and Pedestrian Lighting Installation for the Kipling Street Pedestrian Improvement Project. C RESOLUTION 12-2005. A RESOLUTION IN SUPPORT OF THE GREAT OUTDOOR COLORADO GRANT APPLICATION FOR FUNDS TO RECONSTRUCT THE STEVENS ELEMENTARY SCHOOL PLAYGROUND D RESOLUTION 11-2005 A RESOLUTION SUPPORTING THE CREATION OF THE ROCKY FLATS COLD WAR MUSEUM Consent Agenda was introduced and read by Mr. DiTullio - CITY COUNCIL AGENDA. March 14, 2005 Page -2- DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. RATIFICATION OF MAYORAL APPOINTMENTS APPOINTMENT OF CITY DIRECTORS FOR 38TH AVENUE BUSINESS DISTRICT Item 3. Item 5. ACCEPTANCE OF A DEED CONVEYING RIGHT-OF-WAY CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT - CITY COUNCIL MINUTES February 28, 2005 Page -3- David Kuehn, 4198 Xenon Street, Wheat Ridge, District Manager of Prospect Recreation and Park District, stated that his district is the current legal entity providing parks and recreation services to the area delineated in the Wheat Ridge Comprehensive Plan and the area considered for annexation tonight. Prospect has provided services to this area since 1955 They would like to support and endorse the language noted in the February 17 Planning Commission minutes and as noted by Mr White tonight as amended He looks forward to a continued open relationship between Prospect and Wheat Ridge going into the future Bob Reynolds, 3240 Vaughn Court, Golden, had nothing to add David DiGiacomo, 3275 Quail Street, Wheat Ridge, cautioned that this could result in the City being ~art of a 50 Million Dollar debt process that we are committed to on September 20\ of this year This is much more than a minor amendment to the Comprehensive Plan. - Barbara Barry, Vice President of the Applewood Valley Association, was primarily concerned with representation of the people in Wheat Ridge's surround She wondered what the City of Golden's comments were regarding this matter. Michele Majeune, 13081 West 29th Avenue, stated that all of the uses indicated on the comprehensive plan will create similar kinds of impact and concerns and questions that have already been raised as related to Cabela's She feels that better access should be addressed in the plan, the City should work with CDOT and the County to come up with solutions that are livable for all the communities She is concerned that the comp plan does not indicate where the trail alignment will be Mr White clarified that he had not characterized this as a "minor amendment", he said there were minor amendments to the addendum that was adopted last year Last year was the first time we had adopted a planning area outside the City limits We have not received any comments from the City of Golden. Public Hearing closed CITY COUNCIL MINUTES February 28, 2005 Page -4- Motion by Mr. Stites to adopt Resolution No 13-2005, a resolution adopting amendments to the Wheat Ridge Comprehensive Plan, seconded by Mrs Sang Motion by Ms Berry to add the following amendments 1 Page 4, second paragraph, modify the 4th sentence to read as follows This entails relocating the current eastbound on-off ramp at 38th Avenue to the south and relocating the on-off ramp pair at 44th Avenue to east. 2 Page 4, paragraph 5, modify second sentence to read as follows Because of minimum spacing requirements, no new interchanges are proposed for 1- 70 An interchange to access this area more directly from SH58 between 1-70 and Mcintyre Street would be desirable (Also show graphically on Map 3 an arrow and note indicating access at a general location from SH58 south into the area) 3 Page 6, insert new paragraph under Future Service Provision Prospect Recreation and Park District currently serves the area The City, and any potential developer should work with the District regarding the District's potential loss of tax revenue 4 Page 8, 1st paragraph under Trails, add the following sentence A potential trail connection on the east side of the planning area from 32nd Avenue to Clear Creek is shown conceptually. This connection may follow the current Youngfield Service Road or be located in a new alignment. Motion died for lack of second Original Motion carried 8-0 Item 3. A. RESOLUTION 14-2005 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 19,20,29 AND 30, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO B COUNCIL BILL 01-2005 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS THE CABELA'S/COORS/AL TER PARCEL LOCATED IN JEFFERSON COUNTY C A REQUEST FOR APPROVAL OF A SPECIAL USE PERMIT TO ALLOW EXCAVATION AND DEPOSITION OF FILL MATERIAL IN THE AMOUNT OF 1 5 MILLION CUBIC YARDS FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE (SUP-05-01/CABELA'S & COORS) Mr Stites introduced Items 3A., 3B , and 3C City Clerk Pam Anderson read the executive summary for each of the items Ms Anderson assigned Ordinance No 1339 to Item 3B CITY COUNCIL MINUTES February 28, 2005 Page -5- Mayor Cerveny opened the public hearing and detailed the order of the testimony Alan White was sworn in by the Mayor and presented the staff report on Item 3A., 3B , and 3C Representatives of the applicant were sworn in and testified before the Council Neil Jaquet, 17755 W 32nd Avenue (business address), Director of Water Resources and Real Estate, Coors Brewing Company, Golden, Colorado, was sworn in by the Mayor Mr Jaquet stated Coors' desire to be annexed to the City of Wheat Ridge They are expecting that this project will bring jobs and tax dollars to the area He described future plans for the reservoir and the development on the various parcels Kevin Rhodes, Director of Real Estate for Cabela's, was sworn in by the Mayor and made a presentation describing the project. Cabela's wants to be a good neighbor and they understand about traffic and will address that at future meetings They want to create a win-win situation for everybody He announced that Cabela's welcomes comments on a community outreach line at (303) 376-8394 They also have the intent of putting up a website Dennis Armstrong, Corporate Architect for Cabela's, was sworn in by the Mayor He explained the traffic study process that has already taken place and will take place in the future Their goal is to put a quality project in place - Mark Nienhueser, Construction Manager for Cabela's He explained the reasons for the special use permit, such as to complete the mining and reclamation obligation that is outstanding on the property; to create the water storage facility for Coors, to grade the site in a manner consistent with the Wheat Ridge Comprehensive Development Plan They will be lowering the elevation of the Denver Water Line that bissects the property The critical issue is that this work has to be done between April 15 and May 15, which is the only period of time that Denver Water will allow for this line to be changed due to its critical nature of their system in keeping the water flowing from the mountains to their treatment facilities They may have to work some Sundays to get this completed This will only be for the one month not the length of the project. Mr DiTullio asked staff and the City Attorney for the record if the applicant had followed all the relevant rules and regulations in regards to the annexation or if there was anything outstanding City Attorney replied that they had followed and met the requirements pertaining to annexation. Mr DiTullio asked the same question pertaining to the Special Use Permit. Answer was yes, they had followed the procedures Mr White will suggest some changes to conditions when we are ready to make a motion Mr DiTullio asked who will be enforcing the regulations once this is approved Answer was there are some state permits involved, but it will primarily be the City of Wheat Ridge CITY COUNCIL MINUTES February 28, 2005 Page -6- The following citizens were sworn in by the Mayor and marked the sign-up sheet in support of the Items 3A, 3B, and 3C Mike Larkin, 3187 Robb Circle, Lakewood Jean Fields, 3270 Fenton Street, Wheat Ridge Cal Johnson, 4255 Everett Street, Wheat Ridge Don Kammerzell, 10370 West 35th Avenue, Wheat Ridge Don Andersen, 3500 Miller Court, Wheat Ridge Roger Loecher, 4599 Carr Street, Wheat Ridge John Villachica, 9695 West 44th Avenue, Wheat Ridge Their comments included we wish everything could stay the same, but we know it can't; traffic will always be an issue, but it can be managed, Cabela's will be a vested partner to fix traffic issues to accommodate their customers, opportunities like this don't come very often and Wheat Ridge has to compete; Cabela's will bring good decent jobs, it is critical to the City of Wheat Ridge to annex this land, do what is best for the City; looking forward to going to Cabela's, we need this tax base, let's not fail with this, this will be a very good project; a community that does not grow, can stifle and decline, compromise for mutual benefit; this can be a win-win situation The following citizens were sworn in by the Mayor and signed the sign-up sheet in opposition to Items 3A, 3B, and 3C Leslie Gadd, 1381 Braun Drive, Golden Ed Perlmutter, 2795 Juniper Drive, Golden Bill Doig, Golden, President of the Applewood Valley Association Barbara Barry, Vice President of the Applewood Valley Association, also speaking for the voluntary involvement in the Clear Creek Valley Neighborhood Council Bruce Chalker, 3304 Beech Court, Golden Arthur Frazer, 13161 West 29th Avenue, Golden, resident of Applewood Property Owners Association Peggy Hunnicutt, 5400 Mcintyre Street, member of the board of the Prospect Park and Recreation and the Jefferson County Horse Council Doug Harness, 11700 W. 29th Place Rhonda Teitelbaum, 15021 West 29th Avenue, Golden Their concerns and comments included listen to the community; increased traffic problems, wait with the annexation, do the proper long range planning, there is merit to the development of the area, but do it right; traffic study is not adequate because the scope was wrong and the conclusions are wrong, hours of excavation should be speCified in the permit and not left to be negotiated at a later date, Wheat Ridge will reap the benefits and other communities will feel the impact, this is unfair on the part of Wheat Ridge, too little consideration is given to those who will be most impacted by this; objection to Special Use Permit because a public hearing was required before the Planning Commission prior to this coming to Council CITY COUNCIL MINUTES February 28, 2005 Page -7- The following speakers were sworn in by the Mayor and signed the sign-up sheet neither for nor against and only wishing to testify' Andy George, 16092 West 13th Avenue, Unincorporated Jefferson County, asked for postponement. Jack Hoopes, 14215 Crabapple Road, representing Clear Creek Valley Neighborhood Council, stated they are not opposed to the Cabela's project, but urged that the schedule be resolved to accommodate extensive collaboration, consultation and responsiveness to neighborhood issues John Retrum, 13491 West 26th Avenue, Golden, Vice President of the Applewood Property Owners Association, stated the majority of his neighbors are against the annexation and would like to see the land remain undeveloped or improved as Open Space However, they understand that this is private property and there are development rights that go with it. Their main concerns were increased traffic and preserving wildlife habitat. The process is moving too quickly, please slow down Greg Stevinson, 1546 Cole Blvd, Lakewood, President and speaking on behalf of the Denver West Metropolitan District, is not opposed to Cabela's going into the City of Wheat Ridge Engage all of the neighbors that are going to be impacted Traffic is the number one concern and they would like to see all of the improvements in place before Cabela's opens - Kevin McCaskey, 2091 Braun Drive, Golden, Jefferson County Commissioner, wanted to make it clear that the Board of County Commissioners is ecstatic that Cabela's has decided to come to Jefferson County We welcome Cabela's He reaffirmed the County's commitment to be actively involved, to listen to and advocate for the citizens living in unincorporated Jefferson County, but those constituents that are mutual They have a position on an acceptable traffic plan with the improvements being made prior to the opening of Cabela's They expect the traffic analysis to include all reasonable alternatives for access to the site and future commercial development of the site We will coordinate with the City of Wheat Ridge and Cabela's to ensure that our citizens' concerns are heard and we are only interested in constructive resolution to develop the best solution for our entire community Philip Barru, 14385 Foothill Road, Golden, member of the board of Applewood Property Owners Association, speaking as a private citizen and future neighbor of Cabela's, requested to postpone the decision to get more information on the many issues presented here tonight. He is very concerned about cycling and pedestrian safety Roxanne Runkel, 3415 Alkire Way, Golden, is concerned for her horses safety and her own, is also concerned about property values going down and taxes going up Pleaded with Coors and Cabela's to work with Jeffco Open Space, Wheat Ridge Park & Rec. and the Prospect Recreation and Parks District to provide a private lakeside property owner walking trail. She also asked if they could be provided with resident status as far as using the Rec Center CITY COUNCIL MINUTES February 28, 2005 Page -8- Matt Ratterman, 2072 Coors Drive, Unincorporated Jefferson County, asked to table this item tonight until the plan is more fully developed Amy Hodges, 13690 W 31st Avenue, Golden, Treasurer of the Applewood Property Owners Association, is concerned about the impact to the environment. They don't oppose Cabela's, but slow down the process. Flora Andrus, Fairmont Recreation and Park District, restated that we need a traffic study that addresses the entire potential build-out of this area that IS being included in the Comprehensive Plan Janice Thompson, 12290 West 42nd Avenue, Wheat Ridge, feels this is an excellent opportunity for all of us to get together and get the Colorado State Highway Department to correct the traffic situation Don't lose a wonderful, family oriented business She is for the annexation Dave DiGiacomo, 3275 Quail Street, Wheat Ridge, stated that he had submitted a letter with many questions, but had not received an answer The people impacted by this have no voice and no vote Michelle Majeune, 13081 West 29th Avenue, Golden, asked for consideration regarding the excavation, such as dust control, noise abatement, monitoring of permit compliance and maybe a more detailed survey map There may not be enough money available for the best traffic solutions Motion by Mrs Rotola to proceed past 11 00 pm, seconded by Mr Schulz; carried 7-1 with Mr Gokey voting no Teri Dalbec believes that a lot of Wheat Ridge citizens aren't here tonight because they don't know about it and don't know what the tax impact is going to be This annexation needs to be postponed and looked at more carefully Mr White answered some of the questions that had been raised during the public hearing He also entered into the record case files, packet materials and the visual presentations Mr Dahl stated that many people had sent cards, letters, notes, e-mails, various things, and those are all in the case file that Mr White mentioned and are now part of the hearing record They have been duplicated and have been provided to Council He added that Council had previously enacted Ordinance 1316, which specifically amended the special use permitting process and eliminated the prior requirement for a planning commission hearing Mrs Anderson stated that Mr Dean Munford, 13041 West 29th Avenue, had left 2 questions by her desk. Has the new highway interchange be considered? Who will be responsible for the increased sewage? CITY COUNCIL MINUTES February 28, 2005 Page -9- Mr DiTullio asked what the liabilities are for the City if the annexation goes through and the Cabela's project falls through Mr Dahl stated if the development doesn't go forth, the City's obligations cease and the City is able to simply terminate that agreement. The City's obligations are exclusively dependent upon the performance and construction by Cabela's Mr Schulz asked that somebody explain more about how the 3% tax becomes a 1 % tax and for how long that will be Tim Leonard, representing the City in the financial negotiations and analysis, testified regarding questions on the sales tax and the tax share agreement. Dennis Armstrong, of Cabela's, answered questions raised by testimony and Council members Mark Nienhueser of Cabela's stated that as far the grading permit was concerned, they could live with the hours between 7 00 a.m and 9'00 p.m with a limitation of 6 days per week, except for that window of opportunity between April 15 and May 15, when they need the ability to work 7 days per week. They would commit to developing a process that allows the neighbors to report violations to the City Kevin Rhodes of Cabela's concluded that there will be more public hearings, they have established the communications line, Cabela's has sent out acknowledgement letters to everybody who has contacted them and if they can be patient they will get the answers - Public Hearing closed A. RESOLUTION 14-2005 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 19,20,29 AND 30, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO Motion by Mr Stites to adopt Resolution 14-2005. seconded by Mrs Adams, carried 8-0 B COUNCIL BILL 01-2005 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS THE CABELA'S/COORS/AL TER PARCEL LOCATED IN JEFFERSON COUNTY Motion by Mr Stites to approve Council Bill 01-2005 (Ordinance 1339) on second reading and that it take effect upon adoption, seconded by Mr DiTullio and Mr Schulz; carried 8-0 CITY COUNCIL MINUTES February 28, 2005 Page -10- C A REQUEST FOR APPROVAL OF A SPECIAL USE PERMIT TO ALLOW EXCAVATION AND DEPOSITION OF FILL MATERIAL IN THE AMOUNT OF 1 5 MILLION CUBIC YARDS FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE (SUP-05-01/CABELA'S & COORS) Motion by Mr Stites to approve Case No SUP-05-01, a request for approval of a special use permit and variance to allow for excavation and deposition of fill material in the amount of approximately 1 5 million cubic yards for property generally located west of 1-70, south of Highway 58 and north of West 32nd Avenue, for the following reasons 1 The requirements of the City and the conditions of approval will ensure that the excavation and grading will mitigate impacts upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood 2 The applicants will take measures to ensure the effects generated are minimal and non-intrusive to the adjacent neighborhoods 3 There will be minimal off-site traffic generated as a result of the request. 4 The requirements of Section 26-115 C 3 have been met. With the following conditions. 1 Hours of operation shall be limited to 7 00 a.m to 9 00 p m six days per week, except for April 15 to May 15, where it may be 7 days per week. 2 A community notification process shall be established and maintained for questions and complaints regarding grading 3 The applicants must adhere to the performance standards as listed in Section 26-623(C))(2) of the Code of Laws, with the exception of the requirements for fencing and hours of operation 4 The grant of use shall be for the applicants and may not be inherited 5 There shall be no explosive devices used for the demolition or excavation of material 6 For areas within 200 feet of residential properties, the hours of operation shall be limited between 7 00 a.m and 7:00 p m 7 The applicants shall comply with the conditions of state permits regarding water and air quality 8 The applicants shall meet with the adjacent homeowners to develop a noise abatement plan, which is subject to City approval 9 Access to the site shall be from Mcintyre Street. 10 Violations of any of the above conditions may be grounds for revocation of the special use permit. 11 Approval of the special use permit shall not become effective until the annexation of the property becomes effective Seconded by Mr Schulz; carried 8-0 - CITY COUNCIL MINUTES February 28, 2005 Page -11- Item 4. COUNCIL BILL 02-2005 AN ORDINANCE AMENDING ARTICLE /I OF CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BUSINESS LICENSES Council Bill 02-2005 was introduced on second reading by Mr Gokey Mr Gokey read the executive summary City Clerk Pamela Anderson assigned Ordinance No 1340 Mr Dahl presented the staff report. Motion by Mr Gokey to approve Council Bill 02-2005 (Ordinance 1340) on second reading, and that it take effect 15 days after final publication, seconded by Mrs Adams, carried 8-0 ORDINANCES ON FIRST READING Item 5. COUNCIL BILL 03-2005 AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 3230 YOUNGFIELD SERVICE ROAD, 3270 YOUNGFIELD SERVICE ROAD, 3291 YOUNGFIELD SERVICE ROAD, 13001 WEST 32ND AVENUE AND 13501 WEST 32ND AVENUE. (CASE NO WZ-04-06f70 WBC, LLC) Council Bill 03-2005 was introduced on first reading by Mr Stites - Motion by Mr Stites to approve Council Bill 03-2005 on first reading, order it published, public hearing set for Monday, March 28, 2005 at 7'00 p m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Rotola, carried 8-0. DECISIONS. RESOLUTIONS, AND MOTIONS Item 6. Board and Commission Appointments Pamela Anderson read the executive summary District I Motion by Mr DiTullio to appoint: Joel/e Hedden to the Animal Welfare and Control Commission, term ending 3/2/07 Betty Jo Page to the Board of Adjustment. term ending 3/2/06 Anne Brinkman to the Planning Commission, term ending 3/2/06 Terry Womble to the Cultural Commission, term ending 3/2/08. Seconded by Mrs Rotola and Mr Gokey; carried 8-0 District II Motion by Mr Gokey to appoint Robert Blair to the Board of Adjustment, term endir.:;j 3/2108 Joyce Jay to the Cultural Commission, term ending 3/2/08 Seconded by Mrs Sang, carried 8-0 CITY COUNCIL MINUTES February 28, 2005 Page -12- District III Motion by Mrs Adams to appoint Louise Turner to the Animal Board, term ending 3/2/08 Virginia Petty to the Animal Board, term ending 3/2/08 Thomas Abbott to the Board of Adjustment, term ending 3/2/08 Ron Sigg to the Parks & Recreation, term ending 3/2/08 Seconded by Stites, carried 8-0 District IV Motion by Mrs Rotola to appoint Daniel Bybee to the Board of Adjustment, term ending 3/2/06 Paul Hovland to the Board of Adjustment, term ending 3/2/08 Bunny Gordon to the Parks & Recreation Commission, term ending 3/2/08 Kevin Hood to the Parks & Recreation Commission, term ending 3/2/08 John McMillin to the Planning Commission, term ending 3/2/08 Seconded by Mr. Schulz; carried 8-0. Meeting adjourned at 12.37 p.m APPROVED BY CITY COUNCIL ON MARCY 14, 2005 BY A VOTE OF to Lena Rotola, Council President The preceding Minutes were prepared according to 947 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions ') .1 ( 'L ';'1 / " .' \ tL 'It} /" .~k t "_Jt IL' SPECIAL STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29TH Avenue, Municipal Building March 14, 2005 5:30 P.M. DINNER APPROVAL OF STUDY SESSION MINUTES OF January 10, 2005 January 24, 2005 January 31, 2005 February 7, 2004 February 14, 2005 APPROVAL OF AGENDA - STAFF REPORTS Item 1. Sidewalk Maintenance - Removal of Snow and Ice Item 2 Basic Land Use Procedures (Training Session) ~~1IIDJm CITY OF WHEAT RIDGE, COLORADO Municipal Building 7500 W. 29th Avenue (At the adjournment of the regular meeting) January 10.2005 Mayor Gretchen Cerveny called the meeting to order at 8'00 p m. City Council members present: Karen Berry, Jerry DiTullio, Wanda Sang, Dean Gokey, Karen Adams, Mike Stites, Larry Schulz, Lena Rotola; Also present: Randy Young, City Manager; City Clerk, Pam Anderson; City Treasurer, Mary Cavarra; Chief of Police, Dan Brennan. Item 1. Presentation of the Police Department Organizational Assessment City Manager Randy Young introduced the item. He introduced Dr. Gerald Williams of G.L. Williams Group, LLC, the firm that conducted the assessment. Dr. Williams gave a brief description of his background and introduced the following members of the assessment team: Dr. Fred Rainguet of Rainguet and Associates; Dr Mary Dodge, Criminologist, University of Colorado; Karen Duffala, CAD/RMS Specialist; Jerry Gardner, Fort Lupton Police Chief. - Dr Williams discussed the strengths of the Wheat Ridge Police Department. He described the methodology of the various aspects of the assessment and outlined each recommendation. The consultant team answered questions from Council members Meeting adjourned at 9: 14 p m. ;) , ~~ -pamela Y ( - derson, City Clerk '0 APPROVED BY CITY COUNCIL ON JANUARY 31, 2005 BY A VOTE OF _ to_ Lena Rotola, Council President ~MIDD~ CITY OF WHEAT RIDGE, COLORADO Municipal Building 7500 W. 29th Avenue (At the adjournment of the regular meeting) January 10. 2005 Mayor Gretchen Cerveny called the meeting to order at 8:00 p m. City Council members present: Karen Berry, Jerry DiTullio, Wanda Sang, Dean Gokey, Karen Adams, Mike Stites, Larry Schulz, Lena Rotola; Also present: Randy Young, City Manager, City Clerk, Pam Anderson; City Treasurer, Mary Cavarra; Chief of Police, Dan Brennan. Item 1. Presentation of the Police Department Organizational Assessment City Manager Randy Young introduced the item. He introduced Dr. Gerald Williams of G.L Williams Group, LLC, the firm that conducted the assessment. Dr Williams gave a brief desaiption of his background and introduced the following members of the assessment team: Dr. Fred Rainguet of Rainguet and Associates; Dr. Mary Dodge, Criminologist, University of Colorado; Karen Duffala, CAD/RMS Specialist; Jerry Gardner, Fort Lupton Police Chief. -- Dr Williams discussed the strengths of the Wheat Ridge Police Department. He described the methodology of the various aspects of the assessment and outlined each recommendation. The consultant team answered questions from Council members. Meeting adjourned at 9:14 p.m. , ;J~~ -pamela Yr, 'derson, City Clerk U APPROVED BY CITY COUNCIL ON JANUARY 31,2005 BY A VOTE OF to Lena Rotola, Council President STUDY SESSION MINUTES ....... CITY OF WHEAT RIDGE, COLORADO January 31, 2005 Mayor Gretchen Cerveny called the Study Session meeting to order at 6 30 P m City Council members present: Karen Berry, Jerry DiTullio, Wanda Sang, Dean Gokey, Karen Adams, Mike Stites, Larry Schulz, Lena Rotola, Also present: Randy Young, City Manager; Deputy City Clerk, Christa Jones, Director of Community Development, Alan White, Senior Planner, Meredith Reckert. APPROVAL OF MINUTES - December 6, 2004 January 10, 2005 Motion by Mr Schulz for the approval of the Minutes of December 6, 2004 and January 10, 2005, seconded by Mrs. Sang, carried 8-0 APPROVAL OF AGENDA - Mrs Sang moved that an Item 4 be added to the Agenda to discuss Off Premises signs, seconded by Mr Schulz; carried 6 in favor Mr Young asked that this item be heard after Item 1 in order to allow Ms Reckert to leave the meeting after discussing Item 4 Item 1. Staff Reports a) Sign Code Revisions b) Outdoor Lighting Standards c) Multi-Family Housing Inspection Program Options d) Board and Commission Appointments a) Siqn Code Revisions: Meredith Reckert distributed a memo regarding revisions to the sign code They held 6 study sessions with the Planning Commission and are forwarding their recommendations to Council. A lot of the information has been put into charts Planning Commission has asked Jerry Dahl to do some research on time limits on political signs They had discussed a permitting process for banners, but found that it would be too labor intensive for staff The current sign code does not allow off premises signs and Planning Commission recommends to leave that as IS STUDY SESSION MINUTES: January 31, 2005 Page -2- The big issue was non-conforming signs Planning Commission suggested a 5- year amortization clause whereby all non-conforming signs have to meet the ordinance on adoption Mr Young stated that this was brought to Council to give them an update and for them to allow Jerry Dahl to do the research on political signs Everything will discussed in more detail at a regular study session Mr Gokey pointed out that the 38th Avenue Business District was supposed to look like the 50's That was part of the award winning design The Streetscape Manual will have to be taken into consideration Meredith Reckert will present the proposed sign code to the 38th Avenue Business District at their first meeting in March. b) Outdoor LightinQ Standards Alan White distributed a memo regarding Proposed Lighting Standards Pianning Commission has reviewed this and put together an ad hoc committee to bring in some recommendations. Some of the discussion included Pedestrian Lighting, Standards for single family and residential two zone districts, enforcement issues and how stringent we are going to be in dealing with non- conforming lights and how this will affect APCO New development will not be a problem, but the existing situations could be a problem Mr Stites asked that - specific examples be brought to the Study Session. Mr White stated he will give a power point presentation Mr Young concluded that all this will be brought in to a future Study Session c)Multi-Family HousinQ Inspection ProQram Options Mr Young suggested that this item will come back to Council as part of the NRS recommendations and he will be discussed in detail d)Board and Commission Appointments Christa Jones stated the openings had been advertised in the Wheat Ridge Transcript, Channel 8, the Web, and the Wheat Ridge Connection, as well as letters to current members Mr. Young stated that the storm water Open House is scheduled for April 4. There will also be a booth set up for NRS He has asked the Chief of Police to be there. STUDY SESSION MINUTES: January 31, 2005 Page -3- Item 4. Discussion of Off Premises Signs Wanda Sang outlined the problems her brother-in-law endured with an off premises sign Consensus was to discuss off premises signs at a future study session Item 2. Ordinance Amending Section 5-45 of the Wheat Ridge Code of Laws Pertaining to Public Improvements Mr White explained that the reason this is being brought forward is that we have conflicting regulations and he needs direction to revise one section of the Code or the other A final draft of the Ordinance will be prepared and it can always be discussed at a future Study Session if necessary Mr White will bring in a couple of options. Consensus was to change the words "may not" to "shall not" Item 3 Potential Ordinance to Amend Variance Voting Requirements "- Mr White explained that there have been some instances where we have had a 5-3 vote and because of the voting requirements for a variance the vanance was denied It is even stranger, wheri we have only 7 members and a person could lose on a 5-2 vote He asked if Council wanted to revise the requirements Mayor Cerveny pointed out that their bylaws regarding a quorum should be amended to read "members appointed" Councilmembers preferred the wording "majority vote" instead of "super majority" Mayor Cerveny stated that Golden passed a Resolution supporting building a museum on Rocky Flats She asked that an item be put on the next Study Session to discuss the City of Wheat Ridge passing a Resolution in support of this Meeting adjourned at 8 00 p.m ~~3\<..,-""'~--\~ "'1Vr -:.) Christa Jones, Deputy ~ity CI€rk APPROVED BY CITY COUNCIL ON MARCH 21, 2005 BY A VOTE OF TO Lena Rotol2 Council President ~M~W ~~~~@~ ~~~M@ CITY OF WHEAT RIDGE, COLORADO Wheat Ridge Recreation Center 4005 Kipling Street 6:30 p.m. February 7, 2004 Mayor Cerveny called the Study Session to order at 6 41 P m Councilmembers present: Karen Berry, Jerry DiTullio, Wanda Sang, Dean Gokey, Karen Adams, Mike Stites, Larry Schulz, Lena Rotola, Also present: Randy Young, City Manager; Patrick Goff, Deputy City Manager; City Clerk, Pam Anderson, Joyce Manwanng, Director of Parks and Recreation, Timothy Paranto, Director of Public Works, staff APPROV AL OF THE MINUTES Motion by Mr Schulz to approve the Minutes of January 10, 2005 and January 24, 2005, seconded by Mrs Sang, carried 8-0 Item1. Staff Reports - Randy Young, City Manager, asked for direction to move the intergovernmental agreement forward to the next available study session He stated that he thinks It would be appropnate for the City Attorney to review the document and research speCial district procedures Motion by Mr Schulz to bring the IGA forward to the next available Study session with all relevant information, seconded by Mrs Sang, carried 8-0 Patrick Goff, Deputy City Manager, presented a staff report on the issue of the muniCipal code section Concerning Business Licenses (Sec. 11 22) He briefed Council that this would likely be coming forward soon as a regular meeting agenda item Pam Anderson, City Clerk, updated Council on the status of the Board and Commission Appointments A reception will be held In the lobby of the MUnicipal Building on February 14, 2005 at 5 30 P m for interested applicants Item 2. Noxious and Right-of-Way Weed Program Randy Young introduced the item and presented the staff report. He asked for direction from Council on their desire to proceed with the program as presented CITY COUNCIL MINUTES: February 7, 2005 2 Discussion followed regarding the program Mr Schulz stated that this program is important and in line with goals He feels that this is related to the NRS and we should look at the budget, see what areas are most heavily traveled Mrs Sang agreed with Mr Schulz. Mr Stites stated that this should be a service offered to citizens, but is not In favor of touching the reserves, rather cutting from the existing budget. Mr DiTullio agreed with Mr Stites and stated concerns about citizens being cited for code violations for not cutting the right-of-way. Mr Gokey stated that he did not know why this could not be funded through the un- used contingency funds from the 2004 budget. Direction was given to staff to go out for bid on the program as presented and bring it to Council Ms Berry stated that she did not feel that we should be spending this amount of time on issues such as the ones being discussed tonight when we have not begun to discuss the issues, such as economic development, that should be the priority Item 3. Parks and Recreation Master PlanlAnderson Park Master Plan Mr Young introduced the item Joyce Manwaring, Director of Parks and Recreation, presented the staff report with the recommendation to update the Master Plan Discussion followed regarding the options presented Council was updated on the condition of the pcol at Anderson Park and notified that it could not be predicted when the filters would fail, but that the pool would have to be closed at that time Mr Gokey left the meeting at 8 04 pm, due to illness Direction was given to bring the item back to Council at the conclusion of the Neighborhood Revitalization Strategy process Mayor Cerveny called a brief recess at 8 12 P m The meeting was resumed at 8.25 p m Mr DiTullio did not return to the meeting Mrs Manwaring was excused Item 4. Spring Clean Up Program Discussion proceeded on the item. Ms. Berry presented an alternative to the recommendations. She suggested a voucher program for a prescribed amount, where citizens could apply on a first-come first-serve basis Tim Paranto, Director of Public Works, stated tha- he would research the option and return the information to Council. CITY COUNCIL MINUTES: February 7,2005 3 Mr Stites stated that he felt that he supported the trash drop-off option, but thought that the voucher option was a good idea and a compromise He would also like to see a branch drop- off made available to citizens as well. Mr Paranto was excused at 847 p.m Item 5. Rocky Flats Museum Mayor Cerveny presented the item She asked Council for direction on a proposed resolution supporting the Rocky Flats Cold War Museum Council had further questions regarding the issue Meeting adjourned at 8 56.m. APPROVED BY CITY COUNCIL ON MARCH 21,2005 BY A VOTE OF to ~ Lena Rotola, Council President ~_alUI) CITY OF WHEAT RIDGE, COLORADO Municipal Building 7500 W. 29th Avenue 6:00 p.m. February 14. 2005 Mayor Cerveny called the meeting to order at 6:05 p m. City Council members present: Jerry DiTullio, Wanda Sang, Dean Gokey, Karen Adams, Mike Stites, Larry Schulz, Lena Rotola; Also present: Randy Young, City Manager; Patrick Goff, Deputy City Manager; City Clerk Pam Anderson; Gerald Dahl, City Attomey; staff Item 1. Land Use! Zoning Randy Young introduced the item. Mr Dahl presented information pertaining to elected officials' legal obligations regarding to quasi-judicial matters. This included defining what issues are quasi-judicial versus legislative, the role of the City Council hearing quasi- judicial matters, requirements, and consequences of engaging in ex-parte contact. - Council members asked questions ~f Mr Dahl regarding this topic. Councilor Karen Berry entered the meeting at 6.28 p m. Meeting adjourned at 6:32 p.m. APPROVED BY CITY COUNCIL ON BY A VOTE OF to Lena Rotola, Council President BASIC LAND USE PROCEDURES I TOPIC: CONDITIONS OF APPROVAL AbIlity to attach conditIons of approval to the following land use processes' . Lmlited ability for' o Rezomng to "straIght" zone district (must meet standards of zone dlstnct: lost SIze, lot frontage, abilIty to meet setbacks and lot coverage limItatIOns) o SubdIvisions - Major or minor (must meet standards of zone district and subdiVISIOn requirements) . Broad authority for o Rezoning to Planned Development and approval of Outline Development Plan (ODP) or Final Development Plan (FDP) o SpecIal Use Permit Parameters for Attaching CondItions: . Nexus - Must relate to application, applIcant cannot be required to fix existmg problems or defiCIencies. (An applIcation for an SUP on 38th A venue cannot be made to dedicate land along Clear Creek.) . Rough ProportIOnality - Must relate to the level of impacts caused by the request (An applicatIOn for a quick lube store on KIpling cannot be made to completely re-bUlld the Kiplingll-70 interchange.) . Place in Code - Requirement must be found somewhere in the Code (There is broad latItude m reqUIring a condition that addresses detrimental effects on the general welfare of the neIghborhood, accomplishing compatible development through proper buffering techniques, and being in harmony and compatible WIth the character of surroundmg neighborhoods. City of Wheat Ridge Office of the Deputy City Manager Memorandum TO. Mayor and City CouncIl FROM Randy Young, City Manager Patrick Goff, Deputy CIty Manager .oJ. THROUGH: DATE. March 7, 2005 SUBJECT. SIdewalk Mamtenance - Removal of Snow and Ice The City Attorney and the City's insurance company, Colorado Intergovernmental Risk Sharing Agency (CIRSA), have asked that the CIty evaluate the adoption of an ordinance m regards to the removal of snow and Ice from SIdewalks. Attached are several examples of ordinances from other Denver metro area citIes. Jerry Dahl and I WIll be present at the Study SessIOn to discuss further - I" ~ .l !-'f1 F' 'r1 11' l~' I I'l.. f1.1l [OJ''' [' d,l F!I> ,.~,"-: l!>'i t "'r F",t"i-;lld .,[,]: :" 'I ~ ~ 'I [ ,,"' : E.: ,~ I ,-I City ofWestminsler Colorado Municipal Code 6/93 9-3-1 9-3-3 CHAPTER 3 REMOVAL OF SNOW AND/OR ICE 9-3-1 VIOLA nON, :r-.."JISAi"lCE DECLARED 9-3-2. NOTICE, FArLl,'RE TO COMPLY 9-3-3 CIVIL LIABILITY 9-3-1: VIOLATION; NIDSANCE DECLARED: (A) It snail be unlawful for any person to allow snow or ice to remain on any sidewalk open to the public and abutting or adjornmg the property controlled, owned or occupied by such person after 12:00 noon of the second day following the day of tile las1 measurable snow fall or snow ddL (1805 2100) (B) Any vlOlation of this sectIon which constitutes an emergency presenting imminent danger of serious injury to persons or property is hereby declared to be a public nuisance which nay be summarily anated pursuant to Sectioll 8- 4-4 and 8-4-5, WMC. (18052100) 9-3-2: NOTICE; FAILURE TO COMPLY: - (A) In the event that the provlslOns ofthis Chapter are violated, the City Manager or his authonzed representative may cause to he served upon the owner, occupant or the person in control of the property, either personally or by mail, or by means of postlllg the property, a notice statlllg: "You are notified that, as owner or tenant of property abutting or adjoining a public sidewalk, you are required to remove snow or ice from aU such sidewalks withm twenty-four (24) hours of tills notice. Failure to remove snow or Ice from the Dublic SldewaUc withm twenty-four (24) hours of this notice may result in the Issuance of a summons ane eompJarnt or tbe City may remove sllch snow or ice and assess the cost against the premises abuttrng the Sldewalk, or both." Such notice shall bc sent to the record owner of the property at hIS last known address. In any case, the posting of such property by the City shall be deemed adeq1lll.te notice for the City's removal of the snow or Ice and placement of a lien upon the property (1805 2100) (B) If the pe:son upon whom said notice is served fails, neglects or rcbses to correct the violation withm twenty- four (24) hours afte: service or posting of the notice or ill the event no pcrson can be found in the City who either is or claims to be the OWlJer of sllch lot or land, or who represents or clalillS to represent such owner, the City may cause the snow or ice to be removed and the actual cost of such removal plus ten percent (10%) for inspection and other administrative costs in connection therewith, shall be assessed and collected as specified m Title I, Chapter 31 of this Code. The City may also cause a summons and complai:tt to be served upon the owner, occupant or person in control of the property (: 805 2100) 9-3-3. CIVIL LIABILITY: AllY person who controls, owns or occupies property that abuts or adjoills any sidewalk open to the public owes a duty to all pcrsollS using such SIdewalk to cOlIJply with the proviSIOns of tills Chapter. Any person injured by the breach of such duty shall have a ~ausc of action fur damages agaiJ1st the person who failed to comply with such duty, it being the express mtent of th:ts SectlOll to impose civil liability on private property owners for injuries incll1Ted on public ,iuewalkb Wlihin the City as a result of a fai2ure by any such pnvate property owner to comply with this Chapter. (18052100) III ,- 'j ;,~ Fll FF'II!-l !~iilr{, L'-ll,~ I-lILL'1', I-,hl 1-:11'-" ,"-1,""-1 '!"I- F"- ,1 j L..F T' I '1 F ,-\1 Ell' ,\ I 'f I II J Sec. 19-1 Duty of o'wner, occupant, etc., as to mamtenance of sidewalks. r (,/ . L ;/\ \,1'1 Wi 1..[(( -( /7 Y' Chaj)J.er.l\t STREEIS~_SI.Oj:W..AJ,,~:iA~JdJ)j)J31IC PLAQ;S' Page 1 of 1 ilBT~L_I;_Ul:'H;_ENI;E8L Sec. 19-1 Duty of owner, occupant, etc., as to maintenance of sidewalks. The owner, occupant or agent of the owner of any building, property o~ lot in the city shall maintain the sidewalks for the property including those on public rights-of-way in a clean condition and remove snow and ice from the sidewalks within twenty-four (24) hours after each snowfall. (Code 1969, S 9-1 DO) State law reference(s)--Authority for above section, CRS, S 31-15-702(1)(a)(lII). - 1"'1 ill F~./1 ~~I)Ll, l'th ~1)Lj-. r'-I;I-1 1-..1' '~,>IIII~j .t"'t ,"'I,ei)'l ILL T r 1 1 I .-::.., {< 'II r "~ " i ARTICLE IV SNOW AND ICE II I I bIOI'ld(.'I'\ Page 1 of4 _I ARTICLE IV. SNOW AND ICE Sec. 70-106. Obstruction of streets and sidewalks. (a) It shall be unlawful for any owner or the agent or the tenant of such owner of any lot, block, or parcel of land within the City to allow any snow, sleet, ice, or Dther obstruction to accumulate or remain upon any sidewalk adjoining such lot, block, Dr parcel of land within the City fDr IDnger than 24 hours frDm the time of the last accumulation of such snow, sleet, ice, Dr other obstruction. (b) It shall be unlawful for any owner or the agent Dr the tenant Df such owner of any IDt, block, or parcel of land within the City tD depDsit or cause tD be depDsited any snow, sleet, ice, or other obstruction onto a public street or sidewalk or against any fire hydrant or official traffic control device or other appurtenances so as to interfere with the safe and orderly movement of vehicular or pedestrian traffic or thereby obstruct or impede drainage along a public street. (c) It shall be the responsibility of any owner or agent or tenant of such owner to remove any accumulation of sanding materials utilized during snow and ice control operations from sidewalks or walkways adjacent to property unless otherwise maintained by the City (d) The Director shall have the authority to remove any accumulation or deposit of snow, sleet, ic:e, or other obstruction from a public street or sidewalk which has been _ I allowed to accumulate or has been deposited in violation of this section at the cost of the owner or agent or tenant of such owner of the lot, block, or parcel 0" land from which the accumulation or deposit originated. (Code 1975, S 61-27; Ord. No 2310, S 1, 3-21-94, Ord No. 2500, S 1,3-16-98) Sec. 70-107. Parking during snow removal operations. It shall be unlawful to park any vehicle whatsoever on any designated snow route, when restrictions are in effect, or contiguous shoulder of Interstate Highway 25 within the City during the time and at the places where snow removal operations are in progress or as otherwise stipulated by the State Department of Highways or the State. (Code 1975, S 61-28, Ord. No 2310, S 1, 3-21-94) Sec. 70-108. Submission of traffic and parking regulations for Interstate Highway 25. All traffic and parking regulations adopted which pertain to Interstate Highway 25 shall be submitted to the Department of Highways for approval in accordance with the provisions of C.R.S 943-2-135(1 )(g) before they shall become effective. (Code 1975, S 61-29; Ord. No 2310, S 1, 3-21-94) Sec. 70-109. Designation of snow routes and posting of signs. ...., 'III r.J 'e'I'I.; F'F""j f'i'1~1-J', -'-JJI~ 11 Hl'1'/ 1:"h1 VII." II"-!.'l"'l 1>'[ F,:-n,II'-! LLI i" I_C) ;',.F::" IH- I ARTICLE VITI. SNOW REMOVAL AVlle: rip, Page 1 of2 ARTICLE VIII. SNOW REMOVAL Sec. 126-311. Enforcement. This article shall be enforced by the neighborhood services department. Sec. 126-312. Responsibility for abutting sidewalks. The owner o~ his or her agent or the occupant of any premises or property in the city shall maintain those public sidewalks on the public right-of-way adjacent to such premises or property in a condition free from snow and ice. (Code 1979, 934-144) - Sec. 126-313. Time for removal; penalty. (a) Any accumulation of snow and ice shall be removed from sidewalks under section 126-312 within 24 hours after every snowfall. When a snow emergency is declared, however, snow and ice shall be removed within 48 hours after announcement of the termination of the snow emergency, as provided in section 134-86 of this Code. (b) Notwithstanding the provisions in section 1-13, and for the purposes of this article only, any owner, owner's agent or occupant of single-family residentially zoned property who violates any provision of this section or of section 126-312, upon conviction, shall be fined an amount of $10 DO, plus court costs, if applicajle. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (c) Notwithstanding the provisions of section 1-13 and for the purposes of this article only, any owner, owner's agent Dr occupant of multiple-family residentially zoned or nonresidentially zoned property who violates any provision of this section or of section 126-312, upon conviction, shall be fined a minimum of $20.00, plus court costs, if applicable, and shall be required to make a court appearance. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (Code 1979, S 34-145) Sec. 126-314. Dumping in public roadway prohibited. It shall be unlawful to remove any snow and ice from either a parking lot or area traversed by motor vehicles and deposit or dump the snow and ice upon or onto a public roadway as that term is defined in section 134-181 (Code 1979, 9 34-146) Sec. 126-315. Notice on premises; administrative assessment. (a) Whenever premises are in violation of the provisions of this article, the inspector I"'n FI-"tj t~lltl", l'oth~ 11]l"l,-1', ~,_!jJ )-"1:"- ,1>rJ;~'.L ':- I 111].j L T,T T' I E , f ARTIC;;LE VIII. SNOW REMOVAL Page2of2 finding such premises shall deliver to the occupant or conspicuously affix to such premises if no one is found there a notice of violation in writing, for the owner or occupant to pay an administrative charge pursuant to section 2-3(d) of this Code within ten days, during the hours and at the place specified in the notice. (b) If a violator of the snow removal provisions as provided in this article does not respond to a notice of violation within a period of ten days, the inspection services division of public works shall serve upon the owner, owner's agent, Dr occupant of the premises to which the notice was affixed a summons and complaint for the violation. (Code 1979, S 34-147, Ord. No. 95-53, exhibit A (s 34-~47), 9-11-95) -- I'I,L 'J 'Ien FFlll 1'111! I =<j [_"h lill"lol, I''':JJ fu'-' "]-,~rJ'iIo'-, ':-'L_t='~!J"II,j j],1- )', - \ ,1, F: ,,- 'F ARTICLE 1. IN GE\TERAL Page 1 of3 AVFliV(i\ ARTICLE l. IN GENERAL Sec. 30-1. Definitions. (a) Sidewalks. For purposes of this chapter. "sidewalk" is defined to mean that portion of property running parallel to streets, roads, highways Dr upon or adjacent to similar public rights-of-way, and which is normally intended for the travel use of pedestrians (b) Street. The word "street," as used in this chapter, shall be defined to mean and include avenues, roads, roadways and all thoroughfares, except alleys, dedicated to the public use or used by the public as a street, road, roadway or avenue within the city. (Code 1960, S 21-8) - Sec. 30-2. Obstruction of sidewalks and crosswalks. (a) No person shall occupy any crosswalk or any private crossing or cross over the sidewalks by any animal or vehicle or both for a longer time than may be necessary to cross the same (b) No person shall place upon any sidewalk or crosswalk any wagon, cart, vehicle, animal or other thing which will obstruct the use of the same (Code 1960, S 21-3) State law references: Power of city council to regulate the use of sidewalks and to regulate crosswalks, ~ 31-15-702, C R.S 1973. Sec. 30~3. Cellar doors, vaults, etc., in streets and sidewalks. No person shall keep Dr permit to be left open, out of repair insecure or unguarded any cellar door, grating or other covering of any cDalhole, cellar or vault in any street or sidewalk. (Code 1960, S 21-5) Sec. 30-4. Removal of snow and ice from sidewalks--Required. It shall be the duty of the owner or occupant of the premises abutting or bordering upon any street, avenue or highway in the city to keep the sidewalks in front of and adjoining his premises clear and safe for pedestrians. Such owner or occupant shaii remove snow ice and slush within 24 hours after the cessation of any storm or fall of snow (Code 1960, S 21-1, Ord. No 2604, S 1, 3-6-89) State law references: Power of city council to require that sidewalks be kept free from snow, etc., S 31-15-702, C R.S. 1973 Annotation- Ordinance No. 142, requiring owners of premises abutting streets to remove snow and ice from sidewalks, was penal and could not serve as the basis for the owner's liability to an injured pedestrian; a factual issue was presented as to whether the city had actual or constructive notice of the icy condition of the walk. Brame v Schroeder, 582 P.2d 763 (Colo. App. 1974). (Not selected for official publication) 11"r '1 ;'l f-'n Fk"l'-l Hill tei)' [=lh r.l_llL!~ [I=lhl r:u>-:',_"h'ollll"l 1 ':'1 _F'o'nalld !'"I T" _ I -_ 1 ,; ,1 t,\' E I ,_j IF ARTICLE 1. IN GENERAL Page 2 00 Sec. 30-5. Same-Failure to comply. In the event of the failure of the owner or occupant of premises to remove the snow, ice and slush from the sidewalks within the time set forth in the preceding section, the city may remove the snow, ice and slush from the sidewalks and recover from the owner, occupant or both all expenses incurred in having the snow, ice and slush removed. (Code 1960, ~ 21-1) Sec. 30-6. Excavation; deposit of certain materials in streets. No person shall, without a permit from the city manager, make or maintain an excavation of any kind in any street, alley Dr public place or remove from or deposit upon any street or alley any dirt, earth or rock or store or pile in any such place any hay, straw, manure, boxes, barrels, building material Dr other matter within the city All excavations herein specified shall be safely guarded by a suitable rail Dr fence at all times and, if left open at night, shall be further provided with lights, in order that persons and animals shall not fall therein or be injured thereby (Code 1960, ~ 21-6) Cross references: Electricity and gas franchise to refill excavations, S 12-72; unauthorized use of sewer, S 33-66 State law references: Power Df city council to regulate openings in streets, S 31-15-702, C.R.S.1973. - Sec. 30-7. Trains blocking streets. It shall be unlawful for any person or corporation to block or permit the blocking of any street within the city by a train for a period in excess of five minutes. (Code 1960, 917-14) State law references: Power of city council to regulate the use of steam engines and steam- powered locomotives, 9 31-15-501, C.R.S 1973. Sec. 30-8. Buildings within streets, obstructions generally. No person shall obstruct Dr in any manner encumber any street, alley or sidewalk or erect any building, in whole Dr in part, upon any street, alley, sidewalk or public ground within the city without first having obtained a permit from the city manager, or, where applicable, a special events permit Dr waiver in accordance with Section 5 17 of the Zoning Ordinance. Having erected any such building or structure, no person shall fail to re1.love the same within 24 hours when notified so to do by the city manager (Code1960,s21-7;Ord No 3315A.S1,12-18-96) State law references: Power of city council to prevent obstructions on streets and public grounds and to regulate the use of sidewalks, S 31-15-702, C.R.S 1973 Sec. 30-S. Depositing, etc., of rubbish, etc. ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. March 14.2005 TITLE: A REQUEST FOR APPROVAL OF A FOUR LOT SUBDIVISION FOR PROPERTY ZONED R-lA LOCATED AT 11900 WEST 38TH A VENUE (MS-04-l2/PROSPECT GARDENS) C8J PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING Quasi-JudIcIal. C8J Yes o No { , '///( '\ ()j;[ '" \.-1 v.... V I {., ^'----' CommunIty Deve]opment DIrector ~~~r~ City Mana r EXECUTIVE SUMMARY: - Prospect Gardens Deve]opment Group IS requestmg approval of a four lot subdIVIsion for property located at 11900 West 38th Avenue. An existIng SIngle famIly structure would remain on lot 2. The applicant WIshes to eventually construct three SIngle family structures, one on each of the remaining lots. The subject parcel is approxlmate]y 50,221 square feet m size, and is currently zoned R-IA. Each of the created lots meets the mInImum lot sIze and width In the R-IA zone distnct. Because right-of-way dedication is required, a City Council heanng must occur. PlannIng Commission reviewed this request on February 17, 2005 and recommended approval WIth two conditions. COMMISSIONIBOARD RECOMMENDA nON: Planning Commission reviewed thiS request on February 17, 2005 and recommended approval for the following reasons. 1 All reqUirements of the SubdIVISIOn Regu]ations have been met. 2. All required utility easements are beIng proVIded. 3. All created lots wIll meet or exceed minImum lot size standards in the R-IA zone distnct. 4 Adequate infrastructure will be constructed with the development to serve the proposed use. With the following conditions. 1 A note be added to the plat which reads: 'JOint access pOints perrmtted between lots 1 and 2, and between lots 3 and 4.' 2. The eXIsting detached garage on lot 2 be removed." An access note has been added to the plat. The detached garage has already been removed. There was no one In attendance to discuss the subdivision wIth Planning CommIssIOn. STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: Do not approve the subdivision request. CIty Council also has the option of approving the subdivision request, but not accepting the right-of-way dedicatIOn. FINANCIAL IMPACT: The City has received a one-time applIcatIOn fee for the land use applIcation. A one-tIme fee WIll also be collected for any building permIts issued for each of the lots. A fee in lieu of parkland dedIcation WIll be required. RECOMMENDED MOTIONS: OPTION A. "I move to APPROVE Case No MS-04-12, a request for approval of a four lot subdIVISIOn plat for property zoned R-IA located at 11900 W. 38th Avenue, for the follOWing reasons: 1. All requirements of the SubdiVIsion Regulations have been met. 2. All reqUIred utility easements are being provided. 3 All created lots will meet or exceed mlmmum lot size standards In the R-IA zone district. 4 Adequate infrastructure will be constructed WIth the development to serve the proposed use. With the follOWing condition: I. The required fee in lieu of parkland dedicatIOn shall be paId at the tIme of issuance of the first bUl]dlng permit." OPTION B: "I move to DENY Case No. MS-04-12, a request for approval of a four lot subdivision plat for property zoned R-IA located at 11900 W. 38th Avenue for the following reasons: 1. Report Prepared by' TraVIS Crane, 303.235.2849 ReVIewed by: Alan WhIte Attachments: 1. Planmng Commission staffreport (with exhibits) CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO. Planning CommissIOn CASE MANAGER. Travis Crane CASE NO. & NAME. MS-04-12/Schnelder DATE OF MEETING February 17,2005 ACTION REQUESTED' A request for approval of a four-lot subdiviSIOn plat. LOCATION OF REQUEST. 11900 W 38th Ave. APPLICANT (S). Prospect Gardens Development Group 3866 Union Court Wheat Ridge, CO 80033 OWNER (S): Dawn Penland, Alice and Homer Sessions APPROXIMATE AREA. 50,221 sq. ft. (lIS ac) PRESENT ZONING Residential One-A (R-IA) ENTER INTO RECORD: - ( ) (X) (X) COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULATIONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Subject Property ~ ri}>~ ~ 00 ~ ~ ~ R-1 00 iri '" ~ f- ro <.) 00 ~ N Z 00 0 '" Z ::l ~ ~ 0 "' ~ ;! ~ .., ~ .... .. .., .... ~ "' ~ .... .... t6 .., :!! '" \<l ~ ~ .., '" 0 "' '" \!l f- "' N .., ~ 00 ~ ~ <.) "' 00 '" '" - '" I!: i2 to 0 "' .., co .., ~ '" ;:; ~ ::< ill '" ~ 71; ~ L~ SIt! ~ LocatIOn Map W371 00 "' ~ ~ "' ';! ~ ~ ~ ... ~ ~ ';! - All notification and posting requirements have been met; therefore, there is junsdictlOn to hear thiS case. ATTACHMENT 1 Planning Commission ~A~ f\A l,)/4;;;,..hnplrlpr I. CASE ANALYSIS The applicant is requesting approval of a four-lot subdIvIsion plat (ExhIbIt 1, Letter of Request). The property IS currently under contract. Proper permissions have been granted by the property owners to proceed with the applIcation. The property IS currently zoned R-IA, and contams a smgle-famlly structure. The applicant wIshes to create four lots. The R-IA zone dlstnct allows smgle-famlly structures and accessory buildings. The property IS currently 50,221 square feet in size The subdIVIsion will allow for the constructIOn of three single family homes, and the retentIOn of an existing house on the fourth lot. There is an eXlstmg single-family structure and detached garage located on lot 2. The house will remam, and the garage will be demolIshed. The eXlstmg house must meet the required setbacks in the R-IA zone distnct. The house must have a 30 foot front yard setback, 10 foot SIde yard setback and a 15 foot rear yard setback. With the creation of lot 2, the required setbacks are bemg met and exceeded. AdditIOnally, the R-IA zone district allows a maximum building coverage of 30%. The structures combined are 1,900 square feet m size. Based upon a lot size of 12,205 square feet, a maximum building coverage of 3,661.5 square feet may be allowed. II. SUBDIVISION PLAT The plat will subdIvide the property mto four lots (Exhibit 2, Plat) The R-IA zone district reqUires minimum lot size of 9,000 square feet and a mimmum lot WIdth of 75 feet. All 4 lots are at least 9,000 square feet in size and 75 feet in width. Public dedication IS bemg reqUired by the Public Works Department along the West 38th A venue frontage This dedication is reqUired to accommodate a full right-of-way Width for West 38th Avenue. Because this dedicatIOn IS required, the request must be reViewed and approved by City Council. Ae.encv Referral All responding agencies have indicated that they can serve the property, and the applicant wlll bear the cost of upgrading any service to the property. The applIcant will be reqUired to submit an escrow for future public improvements located along the West 38th Avenue frontage. TYPical utility easements are bemg established around the perimeter of each lot. A fee in lieu of parkland dedication will be required. Access The applicant is proposing joint access pomts. One access pomt will be created between lots 1 and 2, and a second Will be created between lots 3 and 4 A note should be added to the plat which states: "Jomt access points permitted between lots 1 and 2, and between lots 3 and 4 " III. STAFF CONCLUSION & RECOMMENDED MOTION (S): Staff concludes that the proposed subdivIsIOn meets all of the requirements of Article IV of the Code of Laws. Additionally, all created lots will meet or exceed minimum lot sIze standards m the R-IA zone distnct. Therefore, staff recommends APPROVAL of the subdivision plat. Planning Commission MS-04-12lSchneider 2 OPTION A: "I move to recommend APPROVAL of Case No MS-04-12, a request for approval of a four lot subdivision plat for property located at 11900 W 38th Avenue, for the following reasons 1 All reqUIrements of the SubdIvIsIOn Regulations have been met. 2. All required utlhty easements are being provided. 3 All created lots will meet or exceed mimmum lot size standards In the R-1A zone dlstnct. 4 Adequate infrastructure WIll be constructed with the development to serve the proposed use." With the follOWIng conditIOns. 1 A note be added to the plat which reads. 'Joint access pOInts permItted between lots 1 and 2, and between lots 3 and 4.' 2. The existmg detached garage on lot 2 be removed." OPTION B. "I move to recommend DENIAL of Case No MS-04-12, a request for approval of a four lot subdivisIOn plat for property located at 11900 W. 38th A venue for the following reasons: 1. ;/6 - t.o b1;1<. +> ~ 1\"'\ ,&Q,; iJ . ~ 1>;\~\'O j lrotuo' 6/'0 " --t']..YP ~ O-t~~ ~ ~- M~'\M Planning Commission MS-04-12JSchneider 3 December 21, 2004 Ms Meredith Reckert, Senior Planner Planning and Zoning Department City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Subject. Proposed Minor 4-Lot Subdivision (property located at 11900 West 38th Avenue, Wheat Ridge, Colorado) Dear Ms. Reckert Please find enclosed the completed land use application and accompanying documentatiOn for the subject property The property located at 11900 West 38th Avenue is 1 153 acres m size The parcel is currently zoned RI-A. The new buyer, Prospect Gardens Development Group, LLC is plannmg to subdivide the property into 4 lots all which meet andlor exceed the minimum setbacks, lot frontage, lot size and other R1-A requirements set forth in the subdivision regulations - Each lot will have a single family home on it when fully developed My concern for reducmg the number of access points to the property has lead me to design a "shared driveway between each tow properties which will reduce the number of access points on 38th A venue to 2 lllstead of 4 Base upon the Pre-Application Meeting that was held December 9, 2004, all applicable items have been addressed in the plat ans site pia prepared be Lane Engineering Services, lnc Construction on the property will be single-family residential consistent with the existing neighborhood. Public utilities are available in West 38th Avenue and fire protection is near with a fire hydrant located directly across 38th A venue near the north western property corner The subdivision will be designed to comply with all applicable zoning and building requirements set forth be the City of Wheat Ridge. Thank you for your time and consideration of this project Please contact me at 303-748-5725 if you have any question concerning the proposal as set forth. LLC Attachments EXHIBIT 1 '1' , I ~ ' ',-J- \'1 .~ t~; , . \',. ' ., I I . I', . r / " 1, \ ,/ >I~ '::, \ '\ 'I -ir;L;'(C_)'~\ /;,l,"J\\ \;V--'14 ~v'l \, I ~ '- \ \ \ ' 1 1. i.' i I " l;:;-t '''( ,", ~,:, I' I" I [ I ,r \' _I Vel<... \ ,', ,\\..~\j 1\ iL ':) iCr \ . , ) 'ot:::-, lC.t'O:";1 bl ) :<tit~;1T~ l' -jl (( , , ',I + I I" ' t; I \,,!\I(l~ , I" . 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I 1\.\-: i,I(f~n OPTION B: "I move to DENY Case No. WZ-04-12, a request for approval of a Final Development Plan for properties located at 8301 and 8321 W. 32nd Avenue, for the following reasons: Report Prepared by' Travis Crane, 303.235.2849 Reviewed by: Alan White Attachments. 1. Planning Commission staffreport (with exhibIts) UJCase Review/Exempla Hospice/Council Aclion Form Amendment I move that the Lee SteV\l'art-Eskins ditch and the Rocky Mountain ditch be pl,..J'll~d on the final Plat.~ <~ .____ -LG-C.-~'-'"\..- ~-" ~ '~, ~ <c . ~ ----- c~- ca~ ,) - ~' o Cc ~. r ~ <C~ ~.,_ C c (/-c.~, C~-' ~z. ~. ~~ t' " 'S:' r '" G " \.J \..'\ c- " \ ~ <"., Y h (. ( 'j!\ '\ , I C~ - -.1 +- ( I IG " ( Amendment I move that the Lee Ste'\Nart-Eskins ditch and the Rocky Mountain ditch be plotted on the final Platt ';\'u, " ~~ -------- v;\ I \ V"- .-\2 'I- (\ \ c, ,) \\'1 ~ (r_,,-l t,; ,,-I L\ \, L ~ ._. '-' . \ t ~~.,; \ {p "' t\ ~ l, l _t_~ - ~~A \\,,1 +$ L,U:~h '4-: -+1 e (,<- ( x\. i1-\' I~;, h: p ITEM NO' [2, REQUEST FOR CITY COUNCIL ACTION COUNCil., MEETING DATE. March 14,2005 TITLE: A REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN FOR PROPERTIES ZONED PHD LOCATED AT 8301 AND 8321 WEST 32ND A VENUE (WZ-04-12/EXEMPLA) [8] PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING Quasi-Judicial. [8] Yes o No 'I ' . :J 'I/; 4-+- ~ /{ af 1'\ ct {~dA- Community Development Director C1ty~ri--7 EXECUTIVE SUMMARY: - Exempla Lutheran IS requesting approval of a Final Development Plan for properties located at 8301 and 8321 West 32nd Avenue. The properties were rezoned and an Outline Development was approved m December 2004 The applicant wishes to construct a hospice care facIlity, an allowed use hsted on the ODP The subject parcells approximately 5 89 acres m size, and IS currently zoned Planned Hospital Distnct. Planning Commission reviewed thIS request on February 17, 2005 and recommended approval WIth two conditions. COMMISSIONIBOARD RECOMMENDATION: Planning ComJll1ssion reviewed this request on February 17, 2005 and recommended approval for the following reasons: 1 The Final Development Plan comphes with the development standards established by the Outlme Development Plan. 2. The Final Development Plan meets the techmcal reqUIrements as estabhshed m Article III for Final Development Plans. With the followmg conditIOns: 1. Page 3 of the FDP shall be amended to show three-inch caliper street trees adjacent to West 32nd Avenue. 2. An administrative amendment to the Exempla Lutheran Final Development Plan must be submItted pnor to Issuance of a buIldmg permIt for the hospIce facIlity" Condition number one has been addressed by the applIcants, and the landscaping plan has been amended to reflect the change. There was no one in attendance to discuss the Final Development Plan WIth Planmng CommIssIOn. STATEMENT OF THE ISSUES: There is a dnve aisle and small parking area located Just to the north of the hospice property The parking and access aisle are located on the larger hospital campus property As a result, the Final Development Plan for the hospital campus (Exempla Lutheran Final Development Plan) must be amended. The amendment to the Exempla Lutheran FDP has been submItted by the applIcants, and is currently under revIew. The Code of Laws dIctates that an amendment of this nature is admmlstrative. AL TERNA TIVES CONSIDERED: Do not approve the Final Development Plan. FINANCIAL IMPACT: The CIty has receIved a one-time application fee for the land use applIcatIOn. A one-tIme fee will also be collected for a building permIt Issued for the hospIce. RECOMMENDED MOTIONS: OPTION A. "I move to APPROVE Case No. WZ-04-I2, a request for approval of a Final Development Plan for properties located at 8301 and 8321 W. 32nd Avenue for the followmg reasons: 1. The Final Development Plan complies with the development standards establIshed by the Outline Development Plan. 2. The Final Development Plan meets the technical requirements as established in ArtIcle ill for Final Development Plans. With the followmg condition. 1. An administrative amendment to the Exempla Lutheran Final Development Plan must be submitted prior to Issuance of a buIlding permIt for the hospIce facility. " 11J\~6 fAiV<U~ , ~~(t I ~ ~'-<--~. OPTION B: "I move to DENY Case No. WZ-04-12, a request for approval of a Final Development Plan for properties located at 8301 and 8321 W. 32nd Avenue, forthe folIowmg reasons: Report Prepared by' TravIs Crane, 303.235.2849 Reviewed by' Alan White Attachments: 1 Planmng Commission staff report (with exhibIts) U./Case ReviewlExempla Hospice/Council Action Form - CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO, Planning COI1U1llsslOn CASE MANAGER. TraVIS Crane CASE NO. & NAME. WZ-04-12/Exempla DATE OF MEETING February 17, 2005 ACTION REQUESTED' A request for approval of a Final Development Plan LOCATION OF REQUEST. 8301 W. 3200 Avenue, 8321 W 3200 Avenue APPLICANT (S): Exempla Lutheran Hospital 8300 W. 38th Ave. Wheat Ridge, CO 80033 APPROXIMATE AREA: 256,728 sq. ft. (5 89 ac.) OWNER (S): same PRESENT ZONING Planned Hospital District (PHD) COMPREHENSIVE PLAN Single Family, not to exceed 6 dwellIng units per acre (SF-6) ENTER INTO RECORD: - ( ) (X) ( ) COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULA nONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION SIte . . Location Map B PH!) ~ I j>;:;>n~J~:~i':':',: ! ';;)J;~~1Yt~~f~~;{~ ~ A-2 (JelJerson County) All notIficatIOn and posting requirements have been met; therefore, there is junsdlctlOn to hear thIS case. Planning Commission W7_M_l') fPypmnb ATTACHMENT 1 I. CASE ANALYSIS The applicant (owner) ]S requesting approval of a Final Development Plan. The purpose of thIs application is to allow eventual construction of a hospIce fac]lity The properties Involved In the Fina] Deve]opment Plan are 8301 & 8321 West 32nd Avenue and are collectIVely 256,728 square feet In sIze and have a rectangular shape. The properties are currently zoned PHD, and are currently vacant. II. FINAL DEVELOPMENT PLAN The Fina] Deve]opment Plan is a sIte specific development plan for the properties (Exhib]t 1, Fina] Deve]opment Plan) The propertIes were rezoned from Resldentia] Two (R-2) to Planned Hospital Distnct (PHD) in December 2004. Additionally, an Outline Development Plan was approved which set the allowed uses and development standards for the propertIes. The Fina] Deve]opment Plan must comply with those standards. The applicant intends to construct a hospIce facllity, an allowed use listed on the ODP, wIth an eventual total of 32 beds. The Construction Phasing note under Character Development Standards states that an approximately 4,000 square feet w1l1 be added wIth Phase 2. There ]S no timetable hsted for the phasing. The western 200 feet of the property ]S labeled as "Tract A". Tract A ]S actually part of the northern hospital property (Exempla Lutheran Medical Center); however it was never incorporated into the ongina] PHD Th]s tract was rezoned to PHD on the Outhne Development Plan. Tract A ]S used as an access pOint to the hospital campus. There are no changes planned to Tract A. Development Standards There are no critena for approval of a Fina] Development Plan, as there are for a rezoning. The Fina] Deve]opment Plan should be reviewed for compliance with the development standards estabhshed by the Outline Development Plan. These development standards are detailed in the follOWing table: Item Maximum Buildin Area Minimum Setbacks Planning Commission WZ-04-12/Exempla R uirement 40,000 s uare feet 30 feet (front) 25 feet + 10 feet for each story (s]de) 25 feet (rear) 30 feet from ri ht-of-wa 75% of lot area (192,547.17 s uare feet) 25% of lot area (65,182.39 square feet) Refer to Section 26-502 of the Wheat Ridge Code of Laws for additional requirements 1 tree and 10 shrubs for each 1,000 square feet of required landscaped area (66 trees and 652 shrubs Provided 36,000 s uare feet 34 feet (front) 54 feet (east sIde) 98 feet (west side) 54 feet (rear) 54 9% of lot area (141,000 s uare feet) 47.09% (120,900 square feet) 89 trees and 799 shrubs 2 - 1 street tree for each 30 feet of street 14 street trees frontage (14) Minimum Parking 1 parking space for each 5 beds provided 99 standard, 4 ReqUIred + 1 parkmg space for each employee (at accessible parkmg peak shift) (72) spaces Refer to Section 26-501 of the Wheat Ridge Code for Laws for additional requirements Maximum Building 35 feet 33 feet Height Slgnage Refer to Article VII, Chapter 26 of the To be reviewed with Wheat Ridge Code of Laws + provisIOn building perrmt for existing 98 square foot Freestandmg sign Fencing Refer to Section 26-603 of the Wheat Two 6' wrought iron Ridge Code of Laws fences To be revlCwed with building permit Exterior Llghtmg Refer to Section 26-503 of the Wheat Ridge Code of Laws Freestanding lights - max. height of 18' Freestanding -18' Wall lights - max height of 12' Wall -12' All light must be contained onsite Architectural Detail Refer to the Streetscape and Architectural BUlldmg meets DesiRn Manual intent of Manual BuildiDl~ The proposed building will meet all reqUIred setbacks and will not exceed maximum building size or height. The most eastern point of the bUlldmg IS located 54 feet from the eastern property line and the adjacent neighborhood. A minimum 25 foot landscape buffer is required from adjacent residential Page 5 details the architectural elevatIOns of the buildmg. The ODP specified that the buildmg must meet the requirements of the Streets cape and Architectural Design Manual. The building will mcorporate a large amount of brick on each elevation, accented by contrasting masonry borders. A tile roof is proposed, which will create coheSIOn between the hospice facility and the hospital campus. Decorative wood trusses will create mterest at the entrances. Landscapin2 Pages three and four of the FDP detail the landscaping species, sizes, quantities and location. As the table above shows, the landscaping quantities have either been met or exceeded. There will be 14 three inch caliper street trees along West 32nd Avenue installed in the tree lawn created when the deceleratIOn lane was constructed m 2003. The plans detail two-inch caliper trees to be mstalled. A condition of approval should be added which requires the street trees to be at least three mches m caliper. The remaimng trees, shrubs and annuals will be dispersed throughout the site. Planning Commission WZ-04-12/Exempla 3 AccessIParkin2 One access point has been provided from Lutheran Parkway Access will be gained through the eXisting hospital property. Currently, the Lutheran Parkway runs north-south through the campus, and sphts into two parkways: Lutheran Parkway and Lutheran Parkway west. The access pomt to the hospice will be created at the mtersectlOn of these parkways. The addition of the hospice access point will complete a four-way controlled intersection An access easement must be estabhshed on the Final Plat. The Wheat Ridge Fire Distnct has reviewed and approved all mtenor-turnmg radl1 and the secondary emergency fire access point. Page two of the FDP shows a crosshatched area on the northern property to be used for parkmg and access. Because this access pomt and overflow parking are located on the hospital campus property, the Exempla Lutheran Medical Center Final Development Plan must be amended. Li2htin2 Page 6 of the FDP is a photometric Iightmg plan which not only shows details of freestandmg lightmg fixtures, but also errutted hghtmg levels, shown m foot-candles. The freestandmg fixtures are 18 feet tall, the maximum height allowed by the ODP There will be some 42-inch low-Ievellandscapmg lights clustered around the building. All hghting generated will be kept onsite, as IS required by SectIOn 26-503 of the Code of Laws. The low-Ievellightmg coupled With the grade change of the parking area will create a low-impactive Iightmg pattern. Sil!I1a2e There IS one eXlstmg sign located on Tract A, which will remam. Any additIOnal signage will be reviewed in accordance With Article VII with the building permit. F~ci~ _ Page 2 shows two sections of Six-foot wrought iron fence to be installed near the building. These sectIOns of decorative fence will enclose the courtyards. The ODP specified that any fencing shall be compliant With Section 26-603 of the Code of Laws. The proposed fencing meets these requirements. Final Plat A plat has been submitted which will con soh date two of the lots; 8301 W 32nd Avenue and 8321 W 32nd A venue. The Code of Laws dictates that a consolidatIOn of two lots shall be reviewed admmlstratively. This plat has been reviewed and approved by staff A2encv Referral All responding agencies have indicated that they can serve the property, and the applicant will bear the cost of upgradmg any service to the property Three fire hydrants are being required by the Wheat Ridge Fire District. III. STAFF CONCLUSION & RECOMMENDED MOTION (S); Staff concludes that the Final Development Plan complies with the development standards as estabhshed by the approved Outline Development Plan. Additionally, the FDP complies with the form and content of a development plan, as specified in Article ill of the Code of Laws. Therefore, staff recommends APPROVAL of the Final Development Plan. Planning Commission WZ-04-12/Exempla 4 OPTION A: "I move to recommend APPROVAL of Case No WZ-04-12, a re~uest for approval of a Final Development Plan for propertIes located at 8301 and 8321 W. 32n Avenue for the following reasons. 1. The Final Development Plan complIes WIth the development standards establIshed by the OutlIne Development Plan. 2. The Final Development Plan meets the techmcal requirements as establIshed In ArtIcle III for Final Development Plans. With the following conditIOns. 1. Page 3 of the FDP shall be amended to show three-inch calIper street trees adjacent to West 32nd A venue. 2. An adnunistrative amendment to the Exempla Lutheran Final Development Plan must be submitted pnor to Issuance of a building permIt for the hospice facility" OPTION B. "I move to recommend DENIAL of Case No. WZ-04-12, a request for approval of a Final Development Plan for properties located at 8301 and 8321 W 32nd Avenue, for the following reasons 1 - Planning Commission WZ-04-l2/Exempla 5 ITEM NO 3. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE March 14, 2005 TITLE: RA TIFICA TION OF MAYORAL APPOINTMENTS D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date _J D ORDINANCES FOR 2ND READING QuasI-Judicial D Yes ~ No ~~, " y Clerk City ~OJr1 EXECUTIVE SUMMARY: - An application for Cheryl Brungardt for renewal on the Housing Authonty has been received by the City Clerk's Office for Distnct I. The members of the Housmg Authonty are appomted by the Mayor and ratified by City Council. The term of this appomtment expires m March 01'2008 An applicatIOn for Ralph Mancinelli for the Urban Renewal Authority has been received by the City Clerk's office for Dlstnct II. The members of the Urban Renewal Authonty are appointed by the Mayor and ratified by City CouncIl. The term of this appomtment expires m November 2005 COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Ifapplicants are not appomted to the Housmg Authority and the Urban Rewewal Authonty vacancies Will remam. AL TERNA TIVES CONSIDERED: Not appoint applicants to fill the vacanCies. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: b(lLn~cUJ1 "] move to ratify thc mayoral appointment of Cheryl g'll'lgal'l'lt to the Housll1g Authority, term to expire March, 2008 " and/or "] move to ratify the mayoral appoll1tment of Ralph Mancll1elh to the Urban Renewal Authority, term to expire November, 2005 or, "] move to deny the appoll1tments tor the fo]]owll1g reasons Attachments: I ApphcatlOn - Cheryl Brungardt 2 Appl1catlon - Ralph Mancll1e1h 3 Mayor Cerveny Memorandum - Report Prepared bY' Reviewed by' Jamce Smothers Pam Anderson 02/11/2005 03:13 30~9407354 F'l'(Ql1: W~",atRId."""':;II..:I,,'I,'~C"l'" ~Wi-l:.' ~,,35287& PAGE ill .eb. 1~ ~0C~ 2S:~9~~ pj - PL R - DO YOU HAVE ~XPERIENCE IN THIS AREA? y~S. l.{)orkJ..;; Ffrmlt./fl'l<er- /f'rJ,AfiN(r y 5ViJlc-l5 y. f/(Itl/t ~~lfA ej.pU/~~a! A (/VI1.rl,ir,;.fl,tJyv.r HAVE YOU EveR SERVED, OR ARE YOU CURRENTLY ON A BOARDfCOMMfSSIONICOMMITTEE AND IF so. WHICH ONE? HOW LONG? H-ou..s.(AJ6-- 1tt,..(-n/l)~(1Y :s/AlUS Ii'S IA.lCC/TTIOA./ -- AFtE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATIENOANCE OR DUTIES? X/..D ...-- ,.. "i!YJ\ed \0: , / l ..\,iJ: r,lll(!'-) ! Ci!y Clerk: v- I City T r~as:, ~ Ii ,'. n lAd"'"/-< t ~ ~.-~_.- :..-.-.--='=--'--=-~'_--~'_- \ ~..h__'~' ., SIGNATURE C ~ c.t. ~ PLEASE PRINT OR TYPE NAME: C-.tfE/l..YL A ~f?uN6At<-lJT ADDRESS. S.V 2./ /Ill. 3/R'fI-.. ft... WI<... S'O.J.-/..2. HOME PHONe: 303~ tf~S-O~ 3<..> BUSINESS PHONE: 3o'~ -'-{-.lS"-O .;l3o E-MAIL AODRESS:_ !'...he."j I (j) r), a-i'\h rn ,Ul!1.1. S C;:AP.fU~N W~lL 8E I<$PT ON FILE FOR ONE YEJ\R I Mayor' I I City ~ j~r- i Citl' . .. Dept ~: "a\.ls: ~TTACHMENT 1 PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION . ., ~ " . , ; i " '" L f':\\~::' ie, ' 05l'\~R - 8 PM \: ~ APPLICATION FOR APPOINTMENT TO THE: Uk' kt9'/ f~tVe--WA/ /J1A'f1.-o~, 1:; (BOARD/COMMISSION/COMMITTEE) DATE: S - ~ ,- Z (!J a~ DISTRICT HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: ?;l ~e4.I'J , ARE YOU A REGISTERED VOTER? r {, f WHY ARE YOU SEEKING THIS APPOINTMENT? n ~ CoLt ftf V ,'( e. 7, - ~~~AH:~~(E~RIENCE IN THIS AREA? - 6 (e.u-.r ~7' HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? _ ~ () --- ARE THERE ANY CONFLICTS WHICH WOULD INlERFERE WITH REGULAR ATTENDANCE OR DUTIES? ---;V () ~ r:J~Siri.b~,d!USINESSlNflON :Jate. 'is'' S- Mayor: <? City Clerk:.......- ~~fr <.-- City Treas: E-MAIL ~At1rE-- /I / Dept Heads: N1Cr..~ SIGNATURE ~-?-t- rIM~r~......d.. PLEASE PRINT OR TYPE NAME: fa I A L -r: ;?1,t:J r1/c., rl;J~- II' r ADDRESS: ,-/~L1~_ GJ"A.,A I S'T HOME PHONE: g () 1- Lf-;Z 6- --~Z?'j 3' Mrr !AIJ1JA iLl's ~c:YW.lt1 (q,5/* ~/ TION WILL BE KEPT ON FILE FOR ONE YEAR -----..-_._.----~" ATTACHMENT 2 ! City of Wheat Ridge Office of the City Council Memorandum (g~ '~/ TO City Council Members FROM. Gretchen Cerveny, Mayor DATE March 8, 2005 SUBJECT: Appointments to Urban Renewal As you mayor may not know the Urban Renewal Authonty has heen havmg trouhle getting a quorum. This slows the htlgatton process. Ralph Mancmelh has agreed to serve for seven months until November l, 2005 He is fillmg the vacant position for District II. There are st1l1 two vacant at- large pOSitIOns. I have not been terribly successful with my contacts so I would appreCiate any suggestions. As you can tell from the mmutes, the httgation IS on-going. New members would need to have the skills to be updated quickly The legislature IS again decIding what an Urban Renewal Authority can do WIth eminent domam, as m a Supreme Court case. However an Urban Renewal Authonty can sttll be a financmg mechamsm whIch hopefully the Perrms Row developer w1l1 take advantage of. - Thank you. ATTACHMENT 3 ITEM NO' ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE March 14, 2005 TITLE: APPOINTMENT OF CITY DIRECTORS FOR 38TH A VENUE BUSINESS DISTRICT o PUBLIC HEARING [g] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (Date _) o ORDINANCES FOR 2ND READING Quasl-J udicwl o Yes ~ No ~~N:t City Mana (S City Attorney _ EXECUTIVE SUMMARY: Council has requested to appomt three members of the Board of Directors of the 38th Avenue Busmess Dlstnct ("Distnct") The Distnct was mcorporated m September 2002. Established as a non-profit corporation, the Dlstnct's purpose is to revital1ze the 38th Avenue corndor from Shendan Boulevard to Wadsworth Boulevard. As a non-profit corporation, the District may receive government fundmg, private foundation fundmg, and donatlOns from busmesses and indiViduals. The bus111ess of the District IS managed by a Board of Directors. Eight Directors ("Elected Directors") are elected by the Distnct membership to serve for three-year terms with no term limits. Three directors ("City Directors") are appointed by City Council and may, from time to time, be replaced. The City Directors may, but need not be City Council members. The terms of office of the City Dnectors are set by Council COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The three City Directors provide the CounCil with a role 111 the deCisions ofthe Distnct. AL TERNA TIVES CONSIDERED: In the event the CouncJi does not appomt three directors, those seats WIll remam vacant. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to appomt the followmg persons as CIty DIrector members of the 38th Avenue Busmess Dlstnct Board of DIrectors, with terms to expIre on February !, " or, "I move that no appomtments be made to the 38th Avenue Busmess Dlstnct Board of Directors for the followmg reason(s) " - Report Prepared by' Gerald Dahl, CIty Attorney (303) 376-5019 Attachments: 1 Memorandum from Office of CIty Attorney 2 Letter from JeITY DITullIO, dated February 7,2005 . GORSUCH KIRGIS LLP ATTORNEYS AT LAW MEMORANDUM TO: FROM: Wheat Ridge City Council Members Sandy Thomas, Paralegal Gerald E. Dahl, Esq. 38th Avenue Business District January 20, 2004 RE: DATE: The 38th Avenue Business District ("District") was incorporated in September 2002. Established as a non-profit corporation, the District's purpose is to revitalize the 38th Avenue corridor from Sheridan Boulevard to Wadsworth Boulevard. As a non-profit corporation, the District may receive government funding, private foundation funding, and donations from businesses and individuals The business of the District is managed by a Board of Directors. Eight Directors ("Elected Directors") are elected by the District membership to serve for three-year terms with no term limits Three directors ("City Directors") are appointed by City Council and may, from time to time, be replaced. - On February 6, 2004, the District will hold its first annual election for eight Elected Directors. On January 26, 2004, the City Council will appoint the three City Directors. The City Directors may, but need not be City Council members. To date, the District has initiated several programs to include. . Fac;ade Improvement Program, . Sign, Awning and Lighting Program, and . Architectural Assistance Program. These programs offer financial grants to successful applicants as follows. . the business owner completes a District application for a financial grant. Each grant has a financial limit for assistance and will not provide for more than one- half of the total cost to the business owner of the renovation, addition or . assistance; . the Board approves the application and notifies the business owner of the grant amount; . the business owner completes the improvement to hislher business; and . the District provides financial reimbursement to the business owner. To date, the Board has approved approximately twelve grants. Sl\53027.l4\463094.1 ATTACHMENT 1 38TH AVENUE ---- BUSINESS DISTRICT POBox 267 vVhect Ridge Colorado 80034 February 7, 2005 Honorable Mayor and City Council City of Wheat Ridge 7500 W 29th Avenue Wheat Ridge, CO 80033 Dear Mayor and City Council: The nominating committee of the 38th Avenue Busmess District re-nominated Kent Davis, and nominated Roberta Rivera to be voted III at the membership meeting scheduled for March 11, 2005 - It IS our understandmg that Jerry DiTulliO'S term IS expiring. Jerry has been very valuable and helpful to the 38th Avenue Busmess District. His intimate knowledge of the many Issues that we have to deal with, his computer skills, and his serving often as a chairman on the Applications Review Committee, have helped us to move forward. We would like to see Jerry reappomted to the 38th Avenue Busmess District, especially since Vance Edwards is no longer going to be on the team. Sincerely, ~M/b Eugene Kiefel Acting Chairman EK! ATTACHMENT 2 ITEM NO: 5, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 14, 2005 TITLE: ACCEPTANCE OF A DEED CONVEYING RIGHT-OF-WAY o PUBLIC HEARlNG [g] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial o Yes ~ No i .1 City Attorney EXECUTIVE SUMMARY: - In connection With the proposed Cabela's project, the developers have acquired property for use as future publIc right-of-way to serve the development. The developers request that the City accept a deed to this right-of-way property. Approval of this Item consents to the acceptance by the City of the deed. COMMISSIONIBOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: This property is only a small portion of the right-of-way which will be needed for the entire project, but it is bemg acquired at this time as a part of the acquisition of the Salter property by the developers. The property will be needed for public roadway purposes, and the City IS the appropnate owner of public rights-of-way. Acceptance of the deed for this property does not obligate the City to construct the roadway; that oblIgation is assigned to the metropolitan dlstnct to be formed by the developers pursuant to the Annexation and Development Agreement. AL TERN A TIVES CONSIDERED: Do not accept the deed; wait untll all of the right-of-way for publIc roadways in the project IS to be dedicated. FINANCIAL IMPACT: None. The acquisition of road rights-of-way for the project is the responsibIlity of the developers. RECOMMENDED MOTION: "1 move to accept the deed conveying right-of-way property to the City in connection with the proposed Cabela's project." or, "1 move to table acceptance ofthe deed conveying right-of-way property to the City in connection with the proposed Cabela's project for the followmg reason(s) " Report Prepared by: Gerald Dahl, City Attorney' (303) 493-6686 Attachments: 1. Deed -- FINANCIAL IMP ACT: None The acquisition ofroad rights-of-way for the project IS the responsibIlity of the developers. RECOMMENDED MOTION: "I move to accept the deed conveying right-of-way property to the City in connection with the proposed Cabela' s proj ect." or, "I move to table acceptance of the deed conveying right-of-way property to the City in connection with the proposed Cabela's project for the following reason(s) " Report Prepared by: Gerald Dahl, City Attorney' (303) 493-6686 Attachments: I Deed RECORDED AT O'CLOCK _ M., SPECIAL WARRANTY DEED THIS DEED, made this day of March, 2005, between Beverly Jean Salter, a single person, of the said County of Jefferson and State of Colorado, grantor, and the City of Wheat Ridge, a Colorado municipal corporation, whose legal address is 7500 West 29th Ave, Wheat Ridge, CO 80033-8001, of the said County of Jefferson and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of $10.00 TEN DOLLARS, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Jefferson and State of Colorado described as follows: See Exhibit "A" Legal Description Attached. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. - TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever The grantor, for herself, her heirs, and personal representatives or successors, does covenant and agree that she shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against the claims of all and every person or persons claiming by, through or under the grantor The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Beverly Jean Salter, by Melvin John Salter Her Attorney-in-Fact State of Colorado ) )ss. County of Jefferson ) The foregoing instrument was acknowledged before me this as attorney-in-fact on behalf of Beverly Jean Salter day of March, 2005, by Melvin John Salter, (signature of person taking acknowledgment) (title or rank) (serial number, if any) 281540.1 ATTACHMENT 1 EXHIBIT A PARCEL DESCRIPTION A PORTION OF PROPOSED CABELA DRIVE, CABELA'S/COORS SUBDIVISION FILING NO.1, BEING A PARCEL OF LAND, LOCATED IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE NORTHWEST OF SECTION 29, WHENCE THE WEST 1/4 CORNER OF SAID SECTION 29 LIES SOl001'sonE ALONG THE WEST LINE OF THE SAID SOUTHWEST 1/4, 1320.79 FEET; THENCE NS902S'4SnE ALONG THE NORTH LINE OF THE SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4, S62.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NS902S'4S"E ALONG SAID NORTH LINE, 100.00 FEET; THENCE S00047'06"E, 323.21 FEET TO THE SOUTH LINE OF LOT 16, ROXBURY GARDENS, AS SHOWN ON THAT DOCUMENT RECORDED AT RECEPTION NO. 09337790 IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE; THENCE SS9024'S2"W ALONG SAID SOUTH LINE, 100.00; THENCE N00047'06"W, 323.24 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.742 ACRES OR 32,322 SQUARE FEET, MORE OR LESS. BASIS OF BEARINGS: BEARINGS ARE BASED UPON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6th P.M. BEING A LINE BETWEEN THE WEST 1/4 CORNER OF SECTION 29 AS MONUMENTED BY A CITY OF WHEAT RIDGE 3.2S" DIAMETER BRASS DISK "LS 13212" IN CONCRETE AND A CITY OF WHEAT RIDGE WITNESS CORNER BEING A 3.25" DIAMETER BRASS DISK "LS 13212" IN CONCRETE LYING 200.00' SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 29, AS HAVING A BEARING OF NOI001'SO"W PER CITY OF WHEAT RIDGE CONTROL DATUM. - PREPARED BY FREDRICK L. EASTON, JR. UNDER THE SUPERVISION OF DAVID C. DIFULVID, PLS 16401. FOR AND ON BEHALF OF FARNSWORTH GROUP, INC. I feaston I p. \200 3040S5-caars\dwg\exhibits\CABELA DRIVE (SALTER) EXHIBITDWG I DATE. 02/03/2005 I Time: 16: 33 I . fg~rsworth 8055 EAST TUFTS AVENUE, SUITE 850 DENVER. COLORADO 80237 (303) 692-8838 / (303) 692-0470 Fax CABELA'S RETAIL, INC. ONE CABELA DRIVE, SIDNEY, NE 69160 PARCEL DESCRIPTION PROPOSED CABELA DRIVE (SALTER) Project No: 304055.0 Drown by: FLE Approved' Dale. 2-03-05 Revised: 1 OF 2 LEGEND: . INDICA TES CHANGE IN COURSE ONLY \ EXHIBIT A NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY POINT or CO....ENCE..ENT NW CORNER, SW 1/", NW 1/". SECTION 29 100.00' N89'25' 48"E C48ELA'S RETAIL. INC. ?ART OF ROXBURY G4RDENS '" '" ~ ~ ~I ~I ~ ~ '" w ~ - .... :;;1 ~1 ~ c:; :! 1"1 '" !:21 p "t NORTH LINE. SW 1/4. NW 1/". SEC 29 N89'25' 48"E 562.07' POINT OF i BEGINNING ~ ~ 0 ..- N :5 N . It: . ,.., ~ ,.., WILLiAM JOHN SALTER. JR N ~ ~ WILLiAM JOHN SALTER. JR. ,.., BEVERLY JEAN SALTER :s: ILL.. u BEVERLY JEAN SALTER MEL V/N JOHN SAL TER ~ !nc( MEL VIN JOHN SAL TER ~ ~ NN LoJ ?ART OF LOT /6 I: N-t I: ?ART OF LOT /6 ROXBURY G4RDENS co I"')r-- co ROXBURY G4RDENS N' 0 (REC. NO. 09337790) 0 ~ 1"')0 (REC. NO. 09337790) ~ " " ~ .q . ~ . 0 0 ?RO?OSED LOT 5 0 ~I 0 ?RO?OSED LOT 4 :z: U') LOT! BLOCK 2 70 WEST BUS/NESS CENTER-F/L. NO ;] (REC. NO. F090lJ 18) S89'24'52"W 100.00' 326.23' SOUTH LINE. LOT 16, ROXBURY GARDENS LOT / 70 WEST BUS/NESS CENTER (REC. NO. 84076366) 1.1 ~ST 1/4 CORNER ~ SECTION 29 t o 150 300 I__ SCALE: 1"=.300' I feast on I P.\2004\304055-coors\dwg\exhibils\CABELA ORIVE (SALTER) EXHIBIT.DWG I DATE. 02/03/2005 I Time: 16:33 I . Farnsworth ~ GROUP 8055 EAST TUFTS AVENUE. SUITE 850 DENVER. COLORADO 80237 (303) 692-8838 I (303) 692-0470 Fax CABELA'S RETAIL, INC ONE CABELA DRIVE, SIDNEY, NE 69160 PARCEL DESCRIPTION PROPOSED CABELA DRIVE (SALTER) Project No: 304055.0 Drown by: FLE Appro....ed: Date: 2-03-05 Revised: 2 OF 2 CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.1. PUBLIC HEAlUBG BEFORE THE WHEAT RIDGE CITY COUliTCIL CASE NO. MS-04-12 COUliTCIL BILL NO. TITLE: PUBLIC HEARING: A REQUEST FOR APPROVAL OF A FOUR LOT SUBDIVISION FOR PROPERTY ZONED R-1A LOCATED AT 11900 WEST 38TH AVENUE. (Case No. MS-04-12/Prospect Gardens) YOUR NAME AI!ID ADDRESS CHECK IN FAVOR OPPOSED L--- IF YOU HEED MORE ROOM PLEASE SIGN ON BACK OF PAGE! CITY OF WHEAT RIDGE PUBLIC HEARING ROSTER AGENDA ITEM NO.2. PUBLIC BEARING BEFORE 'l'BE WHEAT RIDGE CI'l'Y COURCIL CASE NO. WZ-04-12 COURCIL BILL NO. TITLE: PUBLIC HEARING: A REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN FOR PROPERTIES ZONED PHD LOCATED AT 8301 AND 8321 WEST 32ND AVENUE. (Case No. WZ-04-12/Exempla) --~- YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU HEED MORE ROOM PLEASE SIGllT ON BACK OF PAGE I .,,--- CITIZENS' RIGHT TO SPEAK DATE: March 14, 2005 ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEMS FOR A MAXIMUM OF THREE MINUTES. UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC /OF COMMENT. - I r . I -rrJ [II ADDRESS TOPIC City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map.