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HomeMy WebLinkAbout04/25/2005 6:30 p,m, Pre-Meeting ?am..4ndJMrnJ ;\a:I\J~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 25, 2005 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF April 11. 2005 PROCLAMATIONS AND CEREMONIES Arbor Day - April 29, 2005 Presentation for Tree City USA CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA Item 1. Consent Agenda: A. Award Bid ITB-05-01 Floor Replacement and Stage Remodel Design Build of Prospect Hall at the Senior/Community Center in an amount not to exceed $35,000 (including contingency) B Award RFB-06-16 2005 Traffic Signal Equipment Replacement Project and approve expenditure of funds in the amount of $48,193 CITY COUNCIL AGENDA. April 25, 2005 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Request for approval of a Final Development Plan for property zoned Planned Commercial Development located at 3270 Youngfield Service Road, 3291 Youngfield Service Road, 13001 West 32nd Avenue, and 13501 W 32nd Ave (Case No WZ-04-06/70 WBC, LLC) ORDINANCES ON FIRST READING (NO PUBLIC TESTIMONY) Item 2. Item 3. Item 4. COUNCIL BILL 06-2005 AN ORDINANCE ESTABLISHING AGRICULTURE ONE ZONING FOR A PORTION OF STATE HIGHWAY 58 RIGHT-OF-WAY LOCATED GENERALLY WEST OF 1-70 AND EAST OF ELDRIDGE STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-05/04/Highway 58) COUNCIL BILL 07-2005: AN ORDINANCE ESTABLISHING PLANNED COMMERCIAL DEVELOPMENT ZONING FOR PROPERTY LOCATED GENERALLY WEST OF 1-70, SOUTH OF HIGHWAY 58, AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-05-01/Cabela's & Coors) DECISIONS. RESOLUTIONS, AND MOTIONS Item 5. RESOLUTION 22-2005 A RESOLUTION APPROVING THE 2005 RESIDENTIAL LARGE ITEM PICK-UP PROGRAM, APPROVING THE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $10,000, ALONG WITH AMENDING THE FISCAL YEAR 2005 PUBLIC WORKS OPERATIONS BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT @~w @@M~@~[s 1~~MlJ~~ CITY OF WHEAT RIDGE, COLORADO April 11, 2005 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 p m Councilmembers present: Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites, Karen Adams was absent due to family business Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Chief of Police, Daniel Brennan, Deputy City Manager, Patrick Goff; Director of Public Works, Tim Paranto, staff; and interested citizens, APPROVAL OF MINUTES OF March 28, 2005 Motion by Mr DiTullio for the approval of the Regular Meeting Minutes of March 28, 2005 and the Study Session Minutes of March 28, 2005, seconded by Mrs Sang, carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read and presented the Proclamations for Crime Victims' Rights Week - April 10-16, 2005 and Wilmore-Davis Elementary School 50th Anniversary Celebration The proclamation was accepted by Wilmore-Davis Principal, Jeff Gomez, and PTA President, Diane Brake Mr Gomez made an announcement about the 50th anniversary celebration on Thursday, April 28th from 5 00-8 00 p,m The celebration will include student-led tours of the school beginning 4 30-6 00 pm, a formal ceremony at 6 00 and a sock hop at 7.00 p.m. APPROVAL OF AGENDA Motion by Mr Schulz to amend the agenda to include the following Item 6, RESOLUTION 20-2005 A RESOLUTION AMENDING THE 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $157,69096 FOR THOSE COSTS ASSOCIATED WITH THE RADIO REPLACEMENT PROJECT THAT ARE ABOVE THE UAS I GRANT AWARD CITY COUNCIL MINUTES April 11 ,2005 Page -2- Item 7, RESOLUTION 21-2005 A RESOLUTION AMENDING THE 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $198,000 FOR A NEW PAY PLAN FOR CAREER-PATH SWORN POSITIONS IN THE POLICE DEPARTMENT seconded by Mr DiTullio, carried 7-0 Motion by Mr Schulz to approve the agenda as amended, seconded by Mrs Sang, carried 7-0 Item 1. Consent Aqenda: A. Award ITB-05-13 2005 Miscellaneous Drainage Improvement Project in an amount not to exceed $97,625.22 (including contingency) B RESOLUTION 17-2005 A RESOLUTION APPROVING THE PIERCE STREET UTILITY UNDER-GROUNDING PROJECT, APPROVING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $180,000 FOR THE PROJECT, ALONG WITH AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $80,000 C RESOLUTION 18-2005 A RESOLUTION APPROVING AN AGREEMENT REGARDING FUNDING OF MAJOR DRA1NAGEWAY PLANNING UPDATE AND FLOOD HAZARD AREA DELINEATION FOR CLEAR CREEK, ALONG WITH APPROVING EXPENDITURE OF FUNDS IN THE AMOUNT OF $35,000 FOR THE PROJECT D Approval of a contract for services with C4i Design Group for the design of HVAC, roof and electrical improvements at City Hall in an amount not to exceed $55,292 (including contingency) Consent Agenda was introduced and read by Mr Schulz, Motion by Mr Schulz for approval of the Consent Agenda, seconded by Mrs Rotola, carried 6-1 with Mr Gokey voting no CITY COUNCIL MINUTES April 11 ,2005 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 04-2005 AN ORDINANCE PROHIBITING SALES AND SOLICITATIONS IN CERTAIN PLACES, AND PROHIBITING AGGRESSIVE SOLICITATION Mayor Cerveny opened the public hearing City Clerk Pam Anderson assigned Ordinance No 1342 Mrs Rotola introduced Council Bill 04-2005 on second reading and read the executive summary Police Chief Daniel Brennan presented the staff report. Motion by Mrs Rotola to approve Council Bill 04-2005 (Ordinance No 1342) on second reading, and that it take effect upon adoption I further move to amend new section 16- 113 (e) and also (i) to read "solicif' rather than "beg"; seconded by Mr Schulz; carried 6-1 with Ms Berry voting no ORDINANCES ON FIRST READING Item 3, COUNCIL BILL 05-2005 AN ORDINANCE AMENDING SECTION 2-53 (d) OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO VOTING RULES FOR THE BOARD OF ADJUSTMENT (Case No WCA-05-01) Council Bill 05-2005 was introduced on first reading by Mr DiTullio Motion by Mr DiTullio to approve Council Bill 05-2005 on first reading, order it published, public hearing be set for Monday, May 9, 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 7-0. DECISIONS, RESOLUTIONS. AND MOTIONS Item 4. RESOLUTION 19-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $60,000 FOR THE PURCHASE OF A REPLACEMENT VAN FOR THE SENIOR PROGRAM Resolution 19-2005 was introduced by Mr Gokey CITY COUNCIL MINUTES April 11 , 2005 Page -4- Motion by Mr Gokey to approved Resolution 19-2005, seconded by Mr Schulz; earned 7-0 Item 5. Planning Commission Appointment, District 11 Motion by Mr Gokey to appoint Cassandra Spaniel to the Planning Commission; term to expire March 2, 2008, seconded by Mrs Sang, carried 7-0 Mr Gokey thanked Rachel Baldon for her application for the vacancy Ms Spaniel was the first one to apply Item 6. RESOLUTION 20-2005. A RESOLUTION AMENDING THE 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $157,69096 FOR THOSE COSTS ASSOCIATED WITH THE RADIO REPLACEMENT PROJECT THAT ARE ABOVE THE UAS I GRANT AWARD Resolution 20-2005 was introduced by Mrs Rotola, Mrs Anderson read the executive summary Police Chief Daniel Brennan presented the staff report. Motion by Mrs Rotola to approve Resolution 20-2005 She further moved to authorize a contingency fund in the amount of $90,000 from 2005 budgeted funds for unanticipated expenditures related to this project and that these funds be encumbered for the length of this project; seconded by Mr DiTullio, carried 7-0 Item 7. RESOLUTION 21-2005 A RESOLUTION TO AMEND THE 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $198,000 FOR A NEW PAY PLAN FOR CAREER-PATH SWORN POSITIONS IN THE POLICE DEPARTMENT Mrs Rotota introduced Resolution 21-2005 and read the executive summary CITY COUNCIL MINUTES April 11, 2005 Page -5- Motion by Mrs Rotola to approve Resolution 21-2005, seconded by Mrs Sang and Mr Schulz: carried 7-0 Meeting adjourned at 8 09 p m ~ APPROVED BY CITY COUNCIL ON APRIL 25, 2005 BY A VOTE OF to Lena Rotola, Council President The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ITEM NO: ~ lA, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 25, 2005 TITLE: AWARD BID ITB-05-01 FLOOR REPLACEMENT AND STAGE REMODEL DESIGN BUILD OF PROSPECT HALL AT THE SENIOR/COMMUNITY CENTER IN AN AMOUNT NOT - TO- EXCEED $35,000 (INCLUDING CONTINGENCY). D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (Date _) D ORDINANCES FOR 2ND READING QuasI-Judicial D Yes ~ No ~~~ ~Parks a Re~reaf' n Director ~o.....r~ City Man~r <S EXECUTIVE SUMMARY: The eXIsting tIle floor In Prospect Hall was Installed over 20 years ago. Prospect Hall is the large room on the north side of the Semor/Community Center. It IS used for rentals, senior program social events, entertaInment as well as a vanety of classes including fitness. The current tile floor is in need ofreplacement and the sub-floor is in need oflevehng and possible repair The floor will be replaced with 12" X 12" VCT tIle. The stage floor whIch is also located in Prospect Hall and was part of the onginal bUIlding when purchased by the City in 1980, The stage floor is not conducive to actiVIties held in Prospect Hall because the audIence is not able to see the stage or the performers. The stage will be enlarged and raised in height to enhance the existing actIvities offered at the Center for both seniors and youth. The current stage floor will be replaced with a hard wood floor. On March 22, 2005 three proposals were received. The evaluatIon committee reviewed the proposals and selected two firms for interVIews. The number one ranked firm was RMB ConstructIon, Centenmal, CO The selectIon commIttee recommends award to RMB Construction based on experience, project team quahfications, project management and priCIng for the total amount of $31,636. COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: The current t100r is difficult to maintain and has become a safety issue due to cracking tile and the need to re-level the sub t100r Enlarging and raising the stage will allow dance classes for youth, adults and semors to be held III the space. There is not an existing hardwood t100r aVailable to program for these type of classes, The stage is currently a lower height makmg it difficult to see performers from any distance in the room. ALTERNATIVES CONSIDERED: Do not complete the project FINANCIAL IMPACT: The budgeted amount for this project IS $35,000 The amount of $22,000 is appropnated III the general fund budget. The balance of $13,000 are funds raised by the seniors and are appropriated in the Senior Center Fund. RECOMMENDED MOTION: "I move to award ITB-05-0I Re-Bld Floor Replacement & Stage Remodel Design Build to RMB Construction, in the total amount of $31,636, $22,000 to be charged to account 01-624-800-812, $9,636 to be charged to account 53-602-700-799 I further move to award a contingency amount of$3, 165 to be charged to account 53-602-700-799 " or, "I move to deny award oflTB-05-01 Re-Bid Floor Replacement & Stage Remodel Design Build for the followmg reason( s) " Initiated by' Report Prepared by' Reviewed by' Juhe Brisson, Recreation Manager Julie Brisson, Recreation Manager Joyce Manwanng, Parks and Recreation Director Linda Trimble, Purchasing Agent Attachments: 1 Bid Tabulation Sheet 050425 ITB-05-0 I CAF Prospect Hall <l) :6 ~ -,-:So '" ~ uJ or-oJ> UlctlY3 ~~ ~ ~ '':::; 3' o o ulz. C>o 0- itt- 'd,':1 w? :1:~ ~l- u..0 oeo ~ <3 \~ o -\ uJ ~ "- to -z. 0.9 O<[}. o~ ,,0 . uJNi:,.... ~ ~ ;..fu\'t, -' \::.00"" ~q~O~%~ ,,-\0 0i\;;Ul o 0 III '" uJ" 0:: \ ?........ ? '-' ~tO0(00cC %l;:%o'!i.(/) w ~ ~ o ~ !t- O <3 u.. ..J -a :t: ~ 0- (/) ~ 0- '0 u1 -) o c( 0.. ----------------- ~ 0:: o o z u.l /" (/) Ul o ~ (/) (/) p o o Ii z o 5 ~~ ~ (/) Ul rt. ~ :;; 'Z 0 g\bu\\1, --' r- P P z Q r- 0- o o co ..- P. 'T'T P. C t\ fA E. tl'T 1 ITEM NO' ~, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE, April 25, 2005 TITLE: AWARD RFB-06-16 2005 TRAFFIC SIGNAL EQUIPMENT REPLACEMENT PROJECT AND APPROVE EXPENDITURE OF FUNDS IN THE AMOUNT OF $48,193.00 o PUBLIC HEARING [g] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING QuasI-Judicial. 0 ~ ~L~O ~~ City Man er '( EXECUTIVE SUMMARY: The Public Works Department is recommending purchase of traffic signal equipment for the ongomg traffic signal improvements program, This program contmues the yearly upgrade of the City's existmg traffic signal system to improve signal visibility and communication ability, while replacing obsolete eqUIpment. ThiS work IS scheduled for those mtersections with high prionty needs, and WIll be performed by OperatIOns DiviSion staff. The intersections scheduled for thiS year are along West 38th Avenue at Depew Street, Harlan Street, Allison Street, Lutheran Parkway, Parfet Street and ViVian Court. On March 29,2005 six bids were received. All bids met the initial bid requirements. Staff recommends award to Traffic Signal Controls, Longmont, CO in the total amount of $39,493 and Econolite Control Products, Golden, CO in the total amount of$8,700 COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Bids for the 2005 Traffic Signal Equipment Replacement Project, RFB-05-16 were opened on Tuesday, March 29,2005. Six (6) bids were received. The apparent low fully responsive bidders are Traffic Signal Controls, Inc. of Longmont, Colorado in the amount of $39,493.00 excluding the controller cabinet, and Econolite Control Products, of Arvada, Colorado in the amount of $8,700.00 for the controller cabinet only. Traffic Signal Controls, Inc. and Econolite Control Products have met all bid requirements. Based upon the compliance with bid specifications, Staff recommends award to Traffic Signal Controls, Inc, of Longmont, Colorado in the amount of their bid of $39,493 00, and Econolite Control Products, of Arvada, Colorado in the amount of their bid of$8,700.00, resulting in a total project cost of $48, 193 00, ALTERNATIVES CONSIDERED: No award and the 2005 Traffic Signal EqUipment Replacement Project will not be completed. FINANCIAL IMPACT: The funds for this project are budgeted m the Traffic Signal Improvement project line item, account number 30-304-800-843, of the 2005 Capital Investment Program budget of $200,000 00 RECOMMENDED MOTION: "[ move to award RFB-05-16, 2005 Traffic Signal Equipment Replacement project to Traffic Signal Control, Inc., Longmont, Colorado in the amount of their bid 01'$39,493 00, and to Econolite Control Products, Arvada, Colorado III the amount of their bid of $8,700 00 I further move that all costs associated with this contract be paid from account number 30-304-800-843, and that these funds be encumbered III accordance with Ordinance #787, 1989 Senes. " or, "I move to deny award of RFB-05-16, 2005 Traffic Signal Equipment Replacement Project, for the followmg reason(s) " Report Prepared by: Reviewed by: Greg Knudson, Operations Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: I Bid Tabulation Sheet 050425 RFB-05-16 CAF --~ - Q) ';f C1l ~ C "(ii ro .L:- 0 k :::> Q. U- Q) 0 :0 >- \ >-,S '" 0 ~\ '" k Ul 01- <fl Ul ro tz Z-o Ul Ul C t: " 0.. ,- '" 0-' 3 0.. ~ ~ I~~ ~ ~~ o '""2 v~ ~ \J ~ . '- :---/~ % ~ V~ :t:-- 'WiV ~-:2 o u Wz C>o 0- ~l;;t l;;t-' Ul:::> :x:~ ~I- -11.0 oeo >- I- o <fl ::> E ~ a.'" UlO~O o ;%0 tL- z t-""UJlL ....u>wC'lolL <(~1- <( rJ) . <{ IJ') ~ 0:: 5:100~e~l- o ~ W CI:""'~v.JLU~ a.... 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'" wo \'!o 0 ~o ....- 0.U- z \;iN Wu- ....ID ~~ "'..... \i <f) . oLa oU') 0.0 C)~ tit- o , zeD 'g~ "'co zN ~u- Ul- @eL ~a: 0.("") 00 '" I- Z W ~ 0- S o W ...J 4: Z C> (i) ~ u.. u.. ~ I- .:- o u.l ..., o 0:: 0... a; '" so; "' .c J! -c ~ ITEM NO. :2 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: Apnl 25, 2005 TITLE: A REQUEST FOR THE APPROVAL OF A FINAL DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 3270 YOUNG FIELD SERVICE ROAD, 3291 YOUNG FIELD SERVICE ROAD, 13001 W. 320d A VENUE AND 13501 W. 320d A VENUE (CASE NO. WZ-04-06170 WBC, LLC) r8J PUBUC HEARINGS o BIDSfMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING QuasI-Judicial: I:8J ~~ o No Community Development Director ~~~ CIty ManagK EXECUTIVE SUMMARY: A Final Development Plan approval is being requested for the propertIes located at 3270 Y oungfield Service Road, 3291 Youngfield Service Road, 13001 W. 32nd Avenue and 13501 W. 32nd Avenue. The intent of the approval IS to allow for construction of a carwash, Planning CommIssion recommended approval of the Final Development Plans WIth conditions. City CouncIl approved a request for an amended Outline Development Plan WIth conditIOns for propertIes located at 3270 Youngfield Service Road, 3291 Youngfield Service Road, 3300 Youngfield Service Road, 13001 W 32nd Avenue and 13501 W. 32nd Avenue on March 28, 2005 The assocIated Final Development Plan request was contmued untIl Apnl 25, 2005, so Staff and the applicant could resolve outstanding issues. COMMISSIONIBOARD RECOMMENDATION: Planning CommIssion reviewed the Final Development Plan at a publIc hearing held on February 3, 2005. A recommendation of approval was made for the following reasons: I The proposed car wash will have mimmal impact m light of the existing commercial already in the development. 2. The Final Development Plan is consistent with the standard as set forth in the approved OutlIne Development Plan for the site. 3 Adequate provIsions are made for accommodation of future widening of Y oungfield ServIce Road. With the following conditions: 1 The 10' high fence on the northern boundary of Lot 3, Block 2 (duplex lot) must be constructed within two months of Final Development Plan approval by City Council. 2. A row of evergreens of at least 2-inch caliper shall be planted along the wall to the west of the Y oungfield Service Road at a distance between trunks that. at matunty, the trees will grow together and grow to the top of the neighborhood buffering wall. 3 Prior to the widening of Y oungfield Service Road, a north-south running cross access easement be obtained across 3230 Youngfield Service Road to connect Lot 1,70 West Busmess Center SubdiVISIon Filing No.4 with Lot 3, 70 West Business Center SubdivIsion Filing No 2. 4. The following language be placed on the Final Development Plan prior to recording: At such time as the Y oungfield Service Road is to be widened from ItS eXlstmg width of 34' flowline to flowline, the City may impose the following restrictions upon the current owner(s) of Lots 1 and 3, 70 West Business Center Subdivision Filing No 4: 1. The southwesterly access shall be restricted to a nghHn, right-out movement for the 25' cross-access easement, of which 13' lies wlthm Lot 3, 70 West Business Center SubdivIsion FilIng No.4 and 12' lies within Lot 3, 70 West Business Center Subdivision Filing No.2. 2. The northwesterly access drive cut Iymg withm Lot 1,70 West Business Center SubdivIsIOn FilIng No 4, shall be removed and replaced WIth City of Wheat Ridge standard curb, gutter, and sidewalk. There were several neighbors present at this public hearing to speak to these requests. Several comments were related to existing conditions such as light intrusion from the Conoco station on the corner, existing traffic in the area and noise from 1-70. Concern was also expressed regarding the schedule for fence constructIOn on the "duplex" lot, the proposed temporary produce and bedding plant sales use and relocatIOn of the eXlstmg center sign to the west SIde of Y oungfield Service Road. Several of the neighbors were opposed to the car wash being open 24 hours. STATEMENT OF THE ISSUES: The proposed Final Development Plan had been designed to anticipate both the existing proposal and the potentIal future widemng of Y oungfield ServIce Road to accommodate retail development to the north. As such, Staff had recommended language be added to the Final Development Plan m the form of notes to anticipate future actions regarding the widening. ThIS language was included as conditIOns of both the Planmng CommIssIOn staff report and the report to City Council for its March 28 public heanng. 2 Pursuant to City Council direction, Staff met with the applicant on April 11 and the applicant requested that the Final Development Plan under consideration should address just the cm-wash proposal. Staff has revised the staff recommendation accordingly. In regards to the conditions of approval from Planning Commission on the Final Development Plan, Staff has the followmg comments. L The 10' high fence on the northern boundary of Lot 3, Block 2 (duplex lot) must be constructed within two months of Final Development Plan approval by City Council. A note has been added on sheet 2 of the plan set requiring fence construction within two months of approval. 2. A row of evergreens of at least 2-inch calIper shall be planted along the wall to the west of the Y oungfield Service Road at a distance between trunks that, at maturity, the trees will grow together and grow to the top of the neighborhood buffering wall. A row of coniferous trees has been added adjacent to the wall on sheet 3. 3 Prior to the Widening of Y oungfield Service Road, a north-south runnmg cross access easement be obtained across 3230 Youngfield Service Road to connect Lot 1,70 West Business Center SubdivisIOn Filing No.4 with Lot 3, 70 West Business Center Subdivision Filmg No 2. The issue of internal circulation and any needed easements will be addressed at the time of widening of Y oungfield Service Road. 4. The followmg language be placed on the Final Development Plan prior to recording: At such time as the Y oungfield Service Road is to be widened from its existing width of 34' flowline to flowline, the City may impose the following restrictions upon the current owner(s) of Lots 1 and 3, 70 West Busmess Center SubdivisIOn Filing No.4: 1. The southwesterly access shall be restricted to a nght-in, right-out movement for the 25' cross-access easement, of which 13' lies within Lot 3, 70 West Business Center SubdiVISIOn Filing No.4 and 12' lies within Lot 3, 70 West Business Center Subdivision Filing No.2. The reconfiguraJion of this access point will be addressed at the time of widening of Y oungfield Service Road. 2. The northwesterly access drive cut lying within Lot 1,70 West Business Center Subdivision Filing No.4, shall be removed and replaced with City of Wheat Ridge standard curb, gutter, and sidewalk. The elimination of this access point will be addressed at the time of widening of Y oungfield Service Road. The applicant will be responsible for construction of public improvements 3 with the issuance of a building permit for the carwash. Three other issues Included in the March 28, 2005, City Council report have been addressed as follows. 1. Construction of an accelJdecellane across the frontage of Lots 1 and 3, 70 West Business Center SubdiVIsion Filing No.4 shall be required to be constructed by the owner if Y oungfield Service Road remains in Its current alignment. If the Y oungfield Service Road alignment is altered, the City may elect to construct an additional through lane. Public Works staff has reconsidered this requirement and it is no longer needed. 2. Sufficient area to accommodate the construction of an accel/decel lane, or in the alternatIve a through lane, along the westerly side of Lots 1 and 3, 70 West Business Center SubdIVISIOn Filing No.4 has been set aside for acquisition by the City of Wheat Ridge for right-of-way Any future needs for right-of-way will be addressed prior to street widening. 3. Request by applicant for a note related to a future traffic signal. Future traffic volumes will determine if and when a traffic signal is warranted. The applicant has withdrawn this request based on changes in other staff recommendations. No conditions of approval are recommended as all Issues are resolved. AL TERNA TIVES CONSIDERED: Do not approve this portion of the request. FINANCIAL IMPACT: A one time review fee was collected for the processing of this application. There should be some sales tax denved from the proposed carwash, as well as one time building permit fees and use tax. RECOMMENDED MOTIONS: "I move to APPROVE Case No. WZ-04-06, a request for approval of a Final Development Plan for propertIes located at 3270 Youngfield Service Road, 3291 Youngfield Service Road, 13001 W. 320d Avenue and 13501 W. 320d Avenue for the following reasons. 1. The proposed car wash will have minimal impact in light of the existing commerCIal already in the development. 4 2. The Final Development Plan is consistent with the standard as set forth in the approved Outline Development Plan for the sIte. 3 Future requirements needed for the WIdening of Y oungfield Service Road WIll be addressed at that time." OR "] move to DENY Case No. WZ-04-06, a request for approval of a Final Development Plan for properties located at 3270 Youngfield ServIce Road, 3291 Youngfield ServIce Road, 13001 W. 320d Avenue and 13501 W. 320d Avenue for the followmg reasons: ")" ~. Report Prepared by' Meredith Reckert (303-235-2848) Reviewed by' Alan White Attachments. 1. final Development Plan modIfied per Apnlll, 2005 meetmg 5 Mayor Gretchen Cerveny and Wheat Ridge City Council 7500 W 29th Avenue Wheat Ridge, CO 80215 Bill Smitham 3248 Zinnia Court Golden, CO 80401 '9r~l,l)~Jtcf h CJ-./" T) //\ \ .' L i j J /"\j . 10,::e'~ ~~~"':c.\\,'\ (- '1.5;' !~~~ March 23, 2005 (' ~ ',- C\J"L"- I Dear Mayor and City Council Members: I am unable to attend the city council meeting.scheduled for March 28, 2005 and a request for approval of Case #W2-04-06 is listed as an agenda item for that meeting. In my absence I am sending a letter to express my concerns regarding this case. I appreciate your time and ask that you address these issues with the same consideration you would give any individual or group in attendance. On July 1, 2004, Jefferson County Mediation held a meeting to discuss a proposal for a 24-hour car wash. In attendance were the developer, Wheat Ridge city officials and adjacent property owners. Enclosed is a copy of the results of that meeting. See hIghlighted areas. On February 3, 2004, the City of Wheat Ridge held a planning commission meeting to discuss the proposal. They approved the proposal and agreed to send it to city council with certain conditIOns. Enclosed is a copy of the minutes from that meeting. My concerns are as follows: That the east-west sight and sound barrier, which was removed in error, be reconstructed. (See August 10,2000 highlighted enclosure.) 2. That the extension on the north-south sight and sound barrier remain. This extension was a condition and stipulation for approv<rt of the Conoco Break Place passed by Wheat Ridge City County on January] 2, 1998. 3 That no temporary businesses be permitted. This was a condition approved by Wheat Ridge Planning Commission at their meeting on February 3,2005. It was also discussed at the Jeffco Mediation meeting on July 1,2004. 4. That all signage be restricted to the commercial side of the development which is east of the service road. The developer is proposing moving the directory sign to the southwest corner which, I believe, is currently dedicated open space. I feel these are reasonable requests considering the intensity of commercial development and its close proximity to the adjacent property owners. Sincerely, /' P<i/ ~~"1Uif~Lo- William A. Smitham j2.u~carter - RICHTER PROJECT FACILITATION doc Page RICHTER PROJECT FACILITATION JULY, 1,2004 MAPLE GROVE GRANGE Mr RIchter proposes to constnlCt a 6-bay, 24-hour car wash on a vacant plot of land In a commercially zoned area at the northwest corner of the 1-70 off ramp and West 3200 Ave. The current commercial zoning docs not mclude a car wash. Mr Richter IS seekmg re- zoning 10 allow for the inclusion of this land use. Neighbonng resJdents expressed the followl!lg concerns: . Noise Increase of traffic on West 32nd A venue Potential street widening that would place traffic closer to homes (this would be on the opposite sIde of a 10 feet privacy and noise wall) Signage and sign placement Building setback from the street L'lIIdscapmg and maintenance of same U~~g _ Construction (or reconstruction) of an east-west fence along the south side of the property Alternate uses for thIS narrp! of land If a car wash IS nnt hllilt . . . . . . . . Items on which parties arrived at consensus: · NeIghbors agreed to a 24-hour car wash under the followl!lg conditIOns. I there be no trucks, 2. Ihe lIghting will be downcast, 3. landscaping would be installed and maintained, 4 a building setback of 53 feet, or no less than 15 feet be established 5. a berm and fence along E.W be replaced 6. open space on the southwest corner be maintal!led or nothing more than a single family residents be constructed 7 height of sign must be limited 10 height of the building 8. sign will have a stone base to match the building 9 10 the extent possible signage should be kept to the commercial SIde of the street · Mr. Richter agreed to: I Not include auto service, repair and maintenance or related activity within Area-D 2. Not include an auction house withIn Area-D 3 Be restrictive regarding temporary Christmas tree, produce and bedding planl sa les uses 4 Not include a liquor store 5. Repair and replace fencing and berms as required 6. InSialJ and maintain appropriate landscaping The City of 7500 WEST 29TH AVENUE WHEAT RIDGE. COLORADO 80215 CWheat GRidge Mr Dwalllc Richter 6QJO W Girard #206 Denver, Colorado 80224 Dear Mr Richter' This letter addresses sneralltems connected With the Sevcnty Wcst Busmcss Center First] beheve that I had contacted YOll several months ago about tbe monument sign for the center located adjacent to 32nd A venue There are two blank, whlle panels 111 the sign that, when the Sign is lighted, result 111 hght glanng onto adjacent resldenllallots I had requested that these panels be replaced WIth darker ones to reduce the glare The 'While panels have not been replaced. There are several dead trees along the bnck wall and absolutely nothmg IS growmg on the comer parcel but weeds The dead trees need to be replaced and landscapmg needs to be planted on the comer parcel We had agreed that you could do native grass seed as mtenm landscap1l1g until the center was fully developed Nothmg seems to have been planted on thiS comer parcel The comer parcel, the parcel along the bnck wall, the duplex lot, and the undeveloped pad site next to Breakplace are overgrown wllh weeds The weeds need to be cut. The propertIes will be posted for cuttmg accordmg to the City's weed ordmance astly, although I authonzed you to take down the berm and fence along the northern property llTIe of the lot frontmg on Zmma, the fence and berm were to remam until a duplex was built on the lot. My authonzatlOn was glven 111 error and the berm and fence must be reconstructed. Please contact me If you have any questIOns. Smcerely, /~ r I. CAat1 ( I (()~ "'-Ian C White, AlCP Plannmg and Development Director (_- "..hi'-lk,I\....Pr\\o..LEnERS\nch\CT wpJ (303) 234-5900 . ADMINISTRATION FAX (303) 234.5924 . POLICE DEPARTMENT FAX (303) 235.2949 E;.reNJ'/6N /lfP!l..OUeD sy z..;,fl.CC. 0/1 ..JM //1/ /f9,r- Property History The property known as 70 West Busmess Center was annexed to the City of Wheat Ridge In 1975 At that time, an Outlme Development Plan was approved establIshmg uses and general desIgn parameters for the property A portIOn of the land annexed by the CIty of Wheat Ridge was part of a subdIVISion called Applewood Gardens. It was not completed by the developer, but 1t had protectIve covenants that were estabhshed October of 1961. These covenants were renewed by Applewood Garden residents III December of 1981. They were extended to run With land for future benefits and hm1tatlOns. Dunng the years between 1975 and 1984 there were numerous publIc hearings and meetmgs 0\ er proposed development. Legal action took place between Applewood Garden Homeowners ASSOciatIon, the City of Wheat Ridge and the developer over certam Issues. the protectIVe covenants, land uses and guidelines for development. For that ten-year penod (1975-1984) the homeowners worked to achIeve the follOWIng results 33rd Avenue was blocked off at the east end, thereby allowmg no through traffic, a SIx-foot wooden fence on top of a four-foot ground berm was constructed on the west slde of the annexed property as a SIght and sound bamer; and no commerCIal development occurred. In June of 1984 a developrnent plan was submitted to Wheat Ridge PlannIng CommIssIon and m July of 1984 It was presented to the Wheat RJdge City CouncIl. The Country Cafe and the La Quinta Motel were approved and constructed as the 70 West Business Center Final Development Plan and plat. At the tJme of development plan approval, there was dlScuss10n with the Colorado Department of Transportation regardmg the traffic hazard due to the proximity of the Youngfield Serv1ce Road to the 1-70 off ramp Because of this concern, the City of Wheat RJdge placed a deed restnctlOn on the 70 West Busmess Center that no further development could occur untll the service road could be relocated away from the off ramp. Dunng 1991, the CitY'=s PublIc Works Department went through a series of public meetmgs and hearIngs to reach a decision on the placement of the 1-70 ServIce Road. The final deCISIon was made by CIty CounCIl at a public hearing held on June 24, 1991. Opposition from adjacent property owners, the Applewood Property Owners ASSOCiation, and rezoning procedures led to a delay of construction. During thIS same penod of time a lawsuit was filed against the City of Wheat Ridge by the developer It was settled and dismissed in November of 1995. Since that time, the City had been working with the Department of Transportation and the property owner to faCIlItate the road reconstruction. The cIty imtlated rezomng and a vacatIon procedure was agreed to during negotiations with the entitIes involved. Early III 1996 the relocated service road and the sound wall were completed at a cost of around $250,000 to the City of Wheat Ridge (This was the figure that came up dunng public meetmgs although It is unofficia1.) Rezomng and Change of Condllions were approved and the Clty of Wheat Ridge condemned Lot 7 m the development thereby extmgUlshmg the protective covenants. On October 3, 1996, the developer submItted a plan to the Wheat Ridge Planning ConumsslOn, It was approved for City Council. On October 28, 1996, Wheat Ridge City CouncIl demed the development pla.'1. The plan, m part, was a 24-hour Diamond Shamrock WIth a convemence store and car wash. January 12, 1998 the Conoco Breakplace proposal was presented to Wheat R.1dge City CounCil for approval. OpposItion from adjacent property owners. AP.O.A; Maple Grove, D'Evelyn and Kullerstrand Schools; Jeffco PTA and the Famnont Improvement Association faIled and the proposal was approved. Mayor Cerveny broke a 4-4 lie from City CouncIl. Several amendments were approved imposing some restrictions on the development (City Council mmutes of January 12, 1998) The Conoco Breakplace was completed III August of 1999 Prior to the Conoco Breakplace bemg approved by City CounCIl, a laWSUit was filed by the developer (Duane Richter) over the denial of the October 1996 proposal. The City of Wheat Ridge lost the laWSUIt and had to satisfY the courts; thereby, approvmg the current proposal of a fast food dnve-through and a stnp mall. In addition, the Maple Grove Grange has nght of first refusal for the property Just west of the La Qumta. There were concessIOns made to AP.O.A reSIdents wruch mclude extending the Sight and sound berm south to 32nd Avenue; no overnIght parking of tractor trailer rigs; no temporary permIts shall be issued to vendors, and the developer agreed to some additIOnal landscaping on an area dedicated to open space. Wheat RIdge City Council approval took place on March 15, 1999. CITY OF WHEAT RIDGE PLA.."lNING COMMISSION Minutn of Meeting Februuy 3,1005 ORAfl 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planmng Comnllssion was called to order by ChaIr Plummer at 7,00 p.m. In the CIty Council Chambers of the MunICipal Buildmg, 7500 West 29th A venue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present John McMIllin Phil Plummer Jerry Scezney Kim Stewart Scott Wesley Kevin Win Comnussion Members Absent. JIffi Chllvers Staff Members Present. Alan "White, CommunIty Development DlTector Meredith Reckert, Senior Planner Kathy Field, AdministratIve ASSIstant 3. PLEDGE OF ALLEGIANCE Following is the official set of Planrung Commission minutes for the public hearing of February 3, 2005. A set of these minutes is retained both mthe office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissionu McMILLIN and seconded by Commissiooer WESLEY to .pprove the aleneb as presented. The motion passed 6-0 with CommissioDu ClDL VERS .bsent. 5. APPROVE MINUTES - JaDuary 20,2003 It was moved by CommissioDer WESLEY and seconded by Commissiooer McMILLIN to .pprove the miD uta or January 20, 2005. The motion passed 4-0 with CommissioDen STEWART and WITT abstailliDg and Commissioner CHll..VERS absent. Plannin, Commwion February 3. 2005 Page 1 6. PUBLIC fORUM There were none present who wished to ~ddress the CommIssIOn dunng this portIon of Ihe meetmg. R ;\tl PUBLIC HEARING 0 7. A. Case No. WZ-04-06(A\: An application filed by 70 Wesl Busmess Center, LLC for approval of an outline development plan for propertIes located at 3230, 3270, 3291 & 3300 Y oungfield ServIce Road and property located at approxImately 1300 I W 32nd Avenue. B. Case No. WZ-04-06(B): An applIcatIon filed by 70 West Busmess Center, LLC for approval of a final development plan for propertIes located at 3270 and 3291 Y oungfield Service Road and approxImately 13001 & 1305) W. 32nd A venue. C. Case No. ~4-08: An application filed by 70 West Business Center, LLC for approval of a final plat for property located at 3270 and 3291 Y oungfield Service Road All three cases were presented by Meredith Reckert. She entered all pertinent documents mto the record and advised the CommIssion there was Jurisdiction to hear the cases. Ms. Reckert revIewed the staff report and digItal presentation. Staff recommended approval of the applications for reasons outlined in the staff report. Following questions by the CommISSIOn, the applicant addressed the CommIssion. Dwaine Richter 4505 S. Y oumite, DeDver Mr. Richter is the owner and manager of 70 West Business Center. He agreed to the condition suggested by staff to construct a ten foot fence on the northern boundary of Lot 3, Block 2 However, be requested that the time limit for fence construction be extended from one month to six months in order to see jf development to the north occw-s. If it does, he may choose not to develop the duplex lot and keep it as open space and develop it as an entrance to the commercial area He further stated that his development would improve the vacant land and Increase tax revenue to the city. Artbur Wise 24928 GeDes<< Trail Road Mr. Wise is the planner and architect for the project He ~viewed the outline development plan and elevations for the development. A car wash is planned with two automatic car bays and four self-wash bays (three for cars and one for RV's). There would be also be a small office and equipment area There will be no RV dump stations, but only a bay for washing RV's_ Architecture will be similar to sllhounding developmenl- In answer to a question from Conumssioner SCEZNEY, Mr. Wise stated that any rooftop equipment win be screened. There will also be four low-noise vacuum units. Planmng Commission February 3, 2005 Pag~ 2 Diane Da,'ies 1700 Lincoln Street, #3100 Wells Fargo Center, Denver Ms DaVIes IS the attorney for the applICant. In regard to the cross-access easement Issue, she stated that her chen! IS not opposed to language whIch would allow blanket cross-access easement among the three lots (the two in this apphcatlOn and the Good Times lot) to allow access to the Y oungfield ServIce Road. He does not want to Jay out a specific alternate access roule at this time, however, because the servIce road WIll most likely be expanded which would necessitate reconfiguratlOn of access routes and cIrculatIOn withm the center Widernng of the servIce road IS not necessary for thIS development but would be \\1dened to accommodate development to the north. She also expressed concern about a conduion for right-m, right-oUl access on the existing Jomt access to the south because of a recIprocal access agreement between ConoC<) and 70 West Business Center. The apphcant cannot bind Conoco to a nght- 10, nght-out access as part of his apphcatlOn. However, the applicant would have no objectIon to nght-in, right-out access If Conoco agrees to It. She also requested a future traffic SIgnal to allow full movement access to this development If development to the north occurs and the service road is widened. Closing of the center access pomt would be satisfactory provided a traffic signal is Installed. The applicant IS in agreement to the northwesterly access drive cut lymg WIthin Lot I being removed and replaced with City standard curb, gutter and sidewalk However, If this IS done, the apphcant does not believe It IS necessary to design and construct addItional travel lanes and/or an acceleratIOn/deceleratIOn lane across the frontage of Lots I and 3 for this project. r~~fT ComnusslOner WESLEY referred to Mr Rlchter's request for an 8-year build-out With options to extend for an addiuonal 4 years and asked Ifhe Intended to take that long to complete his development. Mr. Rlchter stated that he plans to build immedIately He explained that he has owned the property for 30 years and development has frequently been delayed by lItigation and economic conditions. His request was influenced by past experiences. Comrrussioner WESLEY referred to Mr Rlchter's earher statement that all retall users for ius market area have been swallowed up by Colorado Mills and he has been unable to sign any retail users in this area since 1999, and asked ifhe was actlvely searciung for people to occupy these buildings. Mr. Richter replied that he has searched for other users and commented that the proposed development to the north will further swallow up any available retail tenants. Commissioner McMILLIN asked If the Youngfield Service Road would be primary access to the proposed Cabela's development to north. AJan White stated that the road would be one of three accesses and most likely would carry the most traffic. Commissioner McMILLIN asked why there was a need for an acceleration/deceleration lane coming in and out of the Conoco Mr. White replied that it is more the need for an additional lane than an aceVdecellane, especially if the north entrance is closed. ~ C oUeen Leclaire 3278 Zinni. Ct. Ms. Leclaire opposed the application and expressed concern about increased traffic and noise from this development. She already hears traffic noise from 1-70. There was discussion about Planning Commission February 3.2005 Page 3 usmg evergreen trees for buffenng m the SO-foot landscape buffer between the car wash and the street and adjacent to the bnck screening wall DRAFT Bill Smitham 3148 Zinnia Ct. Mr. Smltharn stated that he was not opposed to the car wash but would like to see the operatJon closed from m)(lrnght to 6.00 a.m. He also asked that the applicant be given one month to erect the fence and not be gIVen a tIme extension. He also expressed oppositIon to the applicant" s plans for some temporary uses such as Chnstmas tree stands or produce stands. Ms. Recker! explained that the temporary uses would be restncted to the rear ponlOn and the intenor ponlOn of the development and not allowed on the entrance lot. He also requested that any slgnage be located on the "busmess slde" of the street (easl Side of the 3200 A venueIY oungfield ServIce Road mtersection. Mr. Wi5e stated that the ] 3-foot SIgn would be placed outside the Sight triangle and would only be erected if the service road is widened. His understanding IS that, ill addItIOn to widening the service road, a lane would be added to 32nd Avenue which would elIminate the existlllg sign and the proposal IS to move the sign to the other side of the servIce road. Connie Mauldin 3195 Zinnis Ct. Ms. Mauldin opposed the car wash because It would Increase traffic coming from the servIce road to 32nd She also objected to hghtsirom a 24-hour operation. The hghts from the Conoco already Intrude on her home. She asked that the illumInated SIgn be removed from the back of the building. Further, she didn't believe there was a need for another car wash because there are Two other servIce station car washes in the area. She also slated that she has talked WIth three different business owners who would hke to locate there but said they couldn't deal WIth the applicant. Commissioner McMILLIN advised Ms. Mauldin that City Council WIll be cousldenng a new lightmg ordinance that might address some of her concerns. Commissioner McMILLIN asked if the 24-hour operation could be ehmlnated. Ms. Recken explained that this could be restricted in the outline development plan. Steve Scb.Uer 3239 ZinDia Ct. Mr. Schaller stated that he didn't believe a car wash would generate much sales tax as opposed to retail. He would like to see retail use for the property. Mr. Richter approached the podiwn to explaIn that the City of Wheat Ridge collects sales tax on the gross receipts of a car wash. Commissioner WESLEY asked if the applicant had done any research regarding the amount of business that would be taken away from the existing car washes in the area. Mr. R.lchter stated that an extensive demographic study showed that there is a need for this type of car wash. The closest self-service car wash is over two mIles away He also commented that the car washes Planning Commission February 3. 200~ Page 4 referred to by ConumsslOner 'W'ESLEY are automatlc car washes attached to ser,lce statIons and one-bay car washes .will not accommodate today's market. CommiSSIoner WESLEY asked If the applicant would be amenable to reducIng the hours of operatIOn for the car wash. Mr. Richter stated he would not agree to thIS condItion because It cannot be shut dO\,>,ll. There are no doors on the bays. He stated that he had a contract Wlth Grease Monkey to bUIld a facility on the property. The neighbors were opposed to a Grease Monkey but agreed to havmg a 24-hour car wash lllstead. CommissIOner WESLEY commented that he dldn't thInk notes from neighborhood meetings IndIcated neighbors wanted 24-hour wash Ms. Reckert explamed that some of the neighbors were opposed to a 24-hour wash. Mr RIchter stated that he beheved there was a consensus to trade the automobile servICe use for a 24-hour wash. James Horne 3381 Alkire Ct. no ^ CI Mr Home expressed concern about Incre:Jed'~~e pressed concern about nOIse from water pumps, decrease in neIghborhood water pressure and discharge of water mto the cIty's sewage system Mr. Wise stated that they are lookIng mto recyc]mg and possibly Into preheatmg water using solar heat. There should be mmimal noise from the pumps which WlII be vibration Isolated. The building will be solid masonry which will also buffer eqUIpment sounds. The applicant v,111 work Wlth mechanical engmeers to make sure neighborhood water pressure IS not affet:ted. Richard Wood 3340 Alkire Ct. Mr Wood expressed concern about traffic. lUreD Wood 3340 Alkire Ct. Ms. Wood is in favor of the development because there are other uses which would be more detrimental. She expressed concern about noise and asked if signs could be posted at the car wash to require patrons to decrease volume on their radios and "boom boxes." BiU Smitbam returned to the podium to ask if, Wlder current land use regulations, Mr. Richter would have been allowed to build a Jiffy Lube. Ms. Reckert explained that he couldn't have, however, that was a use he wanted to add in at the neighborhood meeting but deleted it as a concession to the neighborhood. There being no others present to address the case, Chair PLUMMER closed the public hearing. Chair PLUMMER stated that he would vote in favor of the application because he believed the property owner has a right to develop his property, and the car wasb would not be a detriment to neighbors and should not create a great increase in traffic. Lighting and signing could be eliminated on the west elevations and be confined to face the south and east. Evergreens could also be planted to help with buffenng. Planning Commi~ion febroary 3. 2005 Page 5 Comrmssioner \VESLEY stated that he would vote against the applIcation. He consIdered the Important Issue to be that thIs propeny 15 zoned Planned CommerCIal Development and that Jt was hIS oplIllon that the application only meets tWQ zone change cntena out of eIght He dldn't belJeve a car wash fits In WIth the ComprehensIve Plan nor would It benefit the cIty ConumsslOner STEW ART expressed concern about water and conservatIon. She encouraged the applicant to install a recyclIng s)'slem. She was m favor of eJimmatmg the temporary uses and planting evergreen trees In the buffer zone She stated that she understood neighbors' concerns and, while she dIdn't know If thIS was absolutely the best use of the property, she dIdn't know of any other solution. CommiSSIOner SCEZNEY acknowledged that the Applewood area IS very SpeCIal However, he planned to vote for the applicatIon because of the overall Impact of future development to the north. Attempts can be made to address lighting through the proposed new lIghting code. He also belIeved it would be difficult to restnct this ~~pment to Jess than a 24-hour operatIOn when the Conoco statJon opennftl Anbasls. He agreed that plantmg on the west SIde would be benefiCIal lJ" Commissioner McMILLIN commented that an apphcallon doesn't have to meet all cntena In order to have a zone change. He stated that he would vote in favor of the apphcatlOn and commented that the real issues confronting thIS neIghborhood WIll be commg up m a few months from now He also applauded the applicant for considering the use of solar heat. It was moved by Commissioner WES~EY to recommend DENIAL (or Case No. WZ-04- 06, a request (or approval of an amended Outline Development Plan for property located at 3230 Youngfield Service Road, 3270 Youngfield Service Road, 3291 Youngfield Service Road, 3300 YoungfieJd Service Road and 13001 W. 32nd Avenue for the following reasons: 1. The applicant has failed to 2dequately address tbat a zone cbange would be a benefit for the city. 2. The applicant has not sbown any har-dship. Tbe motion died for lack of a second. It was moved by Commissioner McMILLIN and seconded by Commissioner STEW ART to recommend APPROVAL of Case No. WZ-04-06(A), a request for approval of an amended Outline Development Plan for property located at 3230 Y oungfield Service Road, 3270 Y oungfidd Mn'ice Road, 3291 Y oungfaeJd Servke Road, 3300 Y oungfield Sen'ice Road and 13001 W. 32nd Avenue for tbe fonowing reasons: 1. The proposed amendment is consistent with uses in tbe C-l zone district. 2, The proposed development standards wiD accommodate tbe widening of Y oungf'lekt Service Road beyond its current width, 3. AU requirements for an Outline Development Plan bave b<<n met.. Planning CommIssion February 3. 2005 Page 6 Commissioner STEWART offered a friendly amendment to add a condition to eliminate the use of temporary uses such as produce and bedding plant sales. Tbe amendment was :Iccepted by Commissioner ~1d\llLLlN. Commissioner STEW ART offered a friendly amendment to require the applicant to use a water rteydiDg system for the car wasb. The amendment was accepted by Commissioner McMILLIN. The motion passed 5-1 with Commissioner WESLEY voting no and Commissioner CIDL VERS absent. It was mo~ed by Commissioner McMILLIN and seconded by Commissioner STEW ART to recommend APPROV AL of Case No. wZr04-06(B), a request for approval of a Final Dn-eJopmeDt Plan for properties located at 3270 YouDgfidd Sen'ice Road, 3291 Youngfield Service Road, 13001 W. 32nd Avenue and 13501 W. 32nd Avenue for the following reasons: 2. The proposed car wash will bave minimal impact in ligbt of tbe existing commerciallllready in the development. The Final DeveJopment Plan is consistent with the standards set forth in the appTo~ed Outline Development Plan for the site. Adequate pro~isions are made for accommodation of future widening of Youngfield Service Road. DRAFT 1. 3. Witb tbe fonowing conditions: 1. The 10 foot bigh fence on the northern boundllry of Lot 3, Block 2 (dupln lot) must be cODJItruded within two months of Final Development Plan approval by City Council 2. A row of evergreens of at least 2-inch uliper shall be planted along the wan to the west oftbe Youngfield Service Road at a distance between trunks that, at maturity, tbe trees will grow togetber and grow to tbe top of tbe neigbborbood bufJuing wall 3. Prior to tbe widening of Y oungfleld Service Road, a nortb-soutb running cross access ~ement be obtained across 3230 Y oUDgfield &rvice Road to connect Lot 1,70 West Business Center Subdivision FiliDg No.4 witb Lot 3, 70 West Business CeDter Subdivision Filing No.2. 4. Tbe foUowing language be placed on tbe Final Development Piau prior to recording: At sucb time as tbe Y oungfield Service Road is to be widened from its uuting widtb of 34 feet now Iiue to now line, tbe City may impose tbe foUowing reJtrictiODJI UpoD the current oWDeris) of Lots 1 and 3, 70 West Business Center Subdivision Filing No.4: . Plannmg Commission February 3. 2005 Page 7 1. The southwesterly access shall be restricted to a rigbt-in, right-out mo~ ement for tbe 25' cross-access t'asement, of ~'hicb 13 feet lies witbin Lot 3,70 West Business Center Subdh'ision Filing No.4 and 12 feet lies within Lot 3, 70 West Business Center Subdh'ision Filing No.2. 1. The nortbwesterly access driYe cut lying within Lot I, 70 West Business Center Subdivision Filing No.4, shall be removed and replaced with City of Wheat Ridge standard curb, gutter, and side~'alk. The morion passed 5-1 with Commissioner WESLEY \'oting no and Commissioner CHIL VERS absent. It was mond by Commissioner WESLEY and seconded by Commissioner STEW ART to APPROVE Case No. MS-04-08, a request for a two-lot re-subdivision plat for property located at 3270 Youngfield Sen-ice Road and 3291 Youngfield Service Road for tbe following rea3ons: 1. All regulations aDd standards of Article IV of tbe Code of Laws h3n been met. With tbe following cODdition: 1. A blanket cross access easement be required. DRAFT The motion passed 6-0 with Commissioner CHIL VERS absut. CommiSSIOner WESLEY expressed appr.cc1atlOn to members of the community who attended and participated ill the hearing. 8. OLD BUSINESS In response to a request from Commissioner McMILLIN, Alan White reported on the status of the sign code and lighting code. CIty Council wIn schedule both matters for a future study session. Conunissioner McMILLIN suggested that members of the Planning Commission attend the study session and that a field trip to look at lightmg situatIOns in the city also be mcluded as part of the study sessIOn. 9. NEW BUSINESS Chair PLUMMER asked about the status of the proposed CabeIa's development. Alan White stated that some information is aVailable and will be posted on the City's website. He cautioned Conunissioners that discussing this mformation would be considered ex parte contact. 10. COMMISSION REPORTS There were no commission repons. PlllMing Commi~sion February 3, 2005 Page 8 11 12. C01\'Ll\1ITTEE AND DEPARTMENT REPORTS There were no comminee and department reports. ADJOUR..'l/MENT rRAi=T It was moved by Commissioner- WESLEY and seconded by Commissioner STEW ART to adjourn the meeting 2t 9:47 p.m. The motion passed unanimously. Phil Plummer, Cbair Ann Lazzen, Recordmg Secretary Planning Commission February 3. 200~ Page 9 City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map. ITEM NO: 3, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: Apnl 25, 2005 TITLE: COUNCIL BILL NO. 06-2005 , AN ORDINANCE ESTABLISHING AGRICULTURE ONE ZONING FOR A PORTION OF STATE HIGHWAY 58 RIGHT-OF-WAY LOCATED WEST OF 1-70 AND EAST OF ELDRIDGE STREET (CASE NO. WZ-05-04/HIGHW A Y 58) o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS i:8J ORDINANCES fOR 1ST READING o ORDINANCES fOR 2ND READING QuasI-Judicial: i:8J 0 Yes No ~. hI, Community Devel~ctor Cit~ EXECUTIVE SUMMARY: This ordinance establishes Agriculture One zoning for a portion of State Highway 58 right-of-way located west of 1-70 and east of Eldridge Street. The property currently does not have a zoning designatIOn. The property was annexed into the City of Wheat Ridge on February 28, 2005. State statute requires that any property annexed mto a municipality must have a zoning designation WIthin 90 days of annexation. The subject property IS 19.82 acres in sIze. Planning Commission recommended approval of the rezoning with no conditions. COMMISSIONIBOARD RECOMMENDATION: Planning CommIssion heard thIS request on April 7, 2005 and recommended approval for the following reasons: 1. Colorado State statute requires that for all property annexed by a municipality, zoning must be established within 90 days. 2. The A-I zone designation is consistent WIth the zoning deSIgnation of 1-70. 3. The zoning will not adversely impact publIc health, safety or welfare. 4. There are no impacts to infrastructure as a result of the zomng. There were a few neighbors present at thIS publIc hearing, however, none of the comments were related to this specific request. STATEMENT OF THE ISSUES: 1-70 right-of-way is zoned A-I This requested action is consistent with previous practice. AL TERNA TIVES CONSIDERED: Do not approve on first reading FINANCIAL IMPACT: The impact to the City occurred when the right-of-way was annexed. The City is responsible for police protection and there are costs as yet undefined assocIated with proVIding that service. The State remains responsible for maintenance of the highway itself and the right-of-way RECOMMENDED MOTIONS: "I move to approve Council Bill No 06-2005 on first reading, case number WZ-05-04 establishing Agriculture One zoning for a portIOn of State Highway 58 right-of-way located west of 1-70 and east of Eldndge Street order it published, public hearing set for May 23, 2005 at 7:00 in the City Council Chambers, and that the ordinance take effect immedIately upon adoption." OR "I move to table indefinitely Council Bill No. 06-200~for the followmg reasons: 1 " Report Prepared by: TraVIS Crane, 303.235.2849 ReVIewed by' Alan White Attachments: I City Council staff report (without exhibits) 2. Council Bill No. 06-2005 U:/Case Review/Cabelas/Highway 58 Council Aclion Form 1st Reading CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO' City Council CASE MANAGER: TravIs Crane CASE NO. & NAME. WZ-05-04/Hlghway 58 DATE OF MEETING April 25, 2005 ACTION REQUESTED' Approval of establishment of A-I zomng for a parcel ofland previously annexed into the City of Wheat Ridge LOCATION OF REQUEST A portIOn of Highway 58 west of 1-70 and east of Eldridge Street APPLICANT (S): City of Wheat Ridge OWNER (S): State of Colorado APPROXIMATE AREA. 19 82 acres PRESENT ZONING Pendmg COMPREHENSIVE PLAN Business Park (BP) ENTER INTO RECORD: (X) (X) (X) CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION (X) COMPREHENSIVE PLAN ~'t'O" M,p o ('ity (ouncil ( ase W/-05-04/lIwy 5X ATTACHMENT 1 Jurisdiction All notification and postmg requirements have been met; therefore, there is jurisdIction to hear thIs case. I. REQUEST The City is requestmg approval of establishment of zoning for a portIOn of State Highway 58 right-of- way between 1-70 and Eldridge Street. The property is approximately 19 82 acres in size. II. CASE ANALYSIS The property was annexed on february 28th along with an additional 178 acres of land west of 1-70 between Highway 58 and West 320d Avenue. This particular portion of property IS owned by the State of Colorado There will be no phYSIcal changes to the property as a result of thIS rezonmg. State statute requires establishment of zoning for annexed land within 90 days of annexatIOn. The property was annexed into the City of Wheat Ridge on february 28, 2005. III. REZONING CRITERIA Staff has the followmg comments regarding the criteria used to evaluate a change m zone. 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. This criterion does not apply since the property has not been previously zoned in the City 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. There has been a change in character in the area. The properties directly to the north of the subject parcels were annexed and zoned Planned Industrial Development 6 years ago. Commercial development has occurred in the 70 West Business Center to the south. The subject parcels have been annexed into the City of Wheat Ridge, thereby creating change in character. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The ComprehenSive Plan typically docs not show separate land use designations for right-of- way. To the extent this criterion applies, It has been met because the plan shows the hIghway as a major regional arterial. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The establishment of A-I zoning on thIS property will have no impact on surroundmg propertIes. City Council Case WZ 05.04IHwy 58 2 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. The change of zone will have no effect on the social, recreatIonal, physical or economic conditIOns of the community. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, 01' that the applicant will upgrade and provide such where they do not exist or are under capacity. Since the right-of-way is not a developable parcel needing to be served by mfrastructure, this criterion does not apply. 7. That the change of zone will not adversely affect public health, safety 01' welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to the adjacent properties. The change of zone IS unlikely to result m a change of use of the right-of-way beyond its current use. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The proposed rezoning will not create an isolated zoned dlstnct. The portion of 1-70 which IS adjacent to this property is zoned A-I IV. AGENCY REFERRALS The proposal was referred to all adjacent jurisdictions. The Community Development Department has not received any comment regarding this particular rezomng from the junsdictions. All distncts which serve this section of highway will continue to do so V. NEIGHBORHOOD MEETING The required neighborhood meeting was held on November 30, 2004. This neighborhood meeting discussed site development, and focused on traffic. There were no specific comments regarding the establishment of A-I zoning for Highway 58, and as a result, the neighborhood meeting synopsis has not been included. VI. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the request meets the applicable rezoning criteria established in Section 26-112 (D) of the Wheat Ridge Code of Laws. Therefore, staff recommends APPROVAL of Case No. WZ- 05-04. City Council Case WZ-05-04IHwy 58 3 INTRODUCED BY COUNCIL MEMBER Council BiD No. 06-2005 Ordinance No. Series of 2005 TITLE: AN ORDINANCE ESTABLISHING A-I ZONING FOR A PORTION OF STATE HIGHWAY 58 RIGHT- OF - WAY LOCATED GENERALLY WEST OF 1-70 AND EAST OF ELDRIDGE STREET, CITY OF WHEA T RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by the City of Wheat Ridge, a request for approval of establishment of zoning in Wheat Ridge, Colorado, Case No WZ-05-04, for portions of Highway 58 and associated right-of-way located generally west of 1-70 and east of Eldridge Street and based on a recommendation of approval from the Wheat RIdge Planning CommISSIOn and pursuant to the findings made based on testimony and evidence presented at a public heanng before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to include in the Agriculture One zone district the following described land. A PARCEL OF LAND, LOCATED IN THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 19 AND THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINClP AL MERIDIAN, COUNTY OF JEFFERSON, ST ATE OF COLORADO, DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 19, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 19 LIES Sooo08'11"W ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 19, 2644.33 FEET; THENCE Sooo08' 11"W ALONG SAID EAST LINE, 275.39 FEET TO THE POINT OF BEGINNING, AND THE NORTH RIGHT -OF-WAY LINE OF COLORADO STATE HlGHW A Y 58 AS DESCRIBED IN THAT DOCUMENT RECORDED AT BOOK 2177, PAGE 367 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE; THENCE N87001'30"E ALONG THE EASTERLY EXTENSION OF SAID NORTH RIGHT -OF- WAY LINE, 487.62 FEET TO THE NORTHWEST RIGHT -OF-WAY LINE OF THAT PARCEL FOR INTERSTATE 70 RECORDED IN BOOK 1875, PAGE 159 IN SAID OFFICE, THENCE N380S0'10"E ALONG THE NORTHWEST LINE OF SAID INTERSTATE HlGHWA Y PARCEL, 138.70 FEET TO THE SOUTH LINE OF THAT PARCEL RECORDED IN BOOK 2163, PAGE 160; THENCE N73042'38"E ALONG SAID SOUTH LINE. 322.71 FEET TO WEST LINE OF THE CITY OF WHEAT RIDGE BOUNDARY AS DESCRIBED IN THE ORIGINAL WHEAT RIDGE INCORPORATION DOCUMENTS RECORDED IN BOOK 2118 AT PAGE 521 IN SAID OFFICE; THENCE SO 1 006' 12"W, ALONG SAID CITY BOUNDARY, 399 77 FEET TO THE SOUTH RIGHT -OF- WAY LINE OF SAID INTERST ATE 70; THENCE S88056'22"W, ALONG SAID SOUTH RIGHT -OF- WAY LINE, 559 40 FEET TO THE SOUTHEAST RIGlIT- OF-WAY LINE OF THAT STATE HlGHW A Y PARCEL AS RECORDED IN BOOK 1895, ATTACHMENT 2 PAGE 55, THENCE S38052'45"W, ALONG SAID SOUTHEAST RIGHT-OF-WAY LINE , 135.70 FEET TO THE SOUTH RlGHT-OF-WAY LINE OF SAID PARCEL; THENCE S89022'40"W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 232.23 FEET TO THE WEST LINE OF SAID SOUTHWEST 1/4, THENCE Nooo08'11 "E, ALONG SAID WEST LINE, 43.98 FEET TO THE SOUTH RIGHT -Of-W A Y LINE Of SAID COLORADO STATE HIGHWAY 58; THENCE S87001 '30'W ALONG SAID SOUTH RIGHT -OF-W A Y LINE, 2426.47 FEET; THENCE NO 1 041'59"E, 250.83 FEET TO THE SAID NORTH RIGHT -OF- WAY LINE OF COLORADO STATE HIGHWAY 58, THENCE N87001'30"E ALONG SAID NORTH RIGHT- OF-W A Y LINE, 2419.61 FEET TO THE POINT OF BEGINNING CONTAINING 19.823 ACRES, MORE OR LESS. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of publIc convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legIslative object sought to be attained. Section 3. Severabilitv. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent junsdiction invalId, such judgment shall not affect application to other persons or circumstances. Section 4. Suoersession Clause. If any provision, reqUIrement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This Ordinance shall take effect IMMEDIATELY UPON ADOPTION. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 25th day of April, 2005, ordered published in full in a newspaper of general circulatIOn In the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 23rd. 2005, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this 23rd day of May, 2005. SIGNED by the Mayor on this _ day of ,2005. GRETCHEN CERVENY, MAYOR AITEST: Pamela Y. Anderson, CIty Clerk ATTORNEY 1st PublIcation: 2nd Pubhcation: Wheat Ridge Transcnpt Effective Date' e:\planning\formslord.frm APPROVED AS TO fORM BY CITY GERALD DAHL, CITY ATTORNEY ITEM NO ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE April 25, 2005 TITLE: COUNCIL BILL NO. 07-2005 , AN ORDINANCE ESTABLISHING PLANNED COMMERCIAL DEVELOPMENT ZONING FOR PROPERTY LOCA TED GENERALLY WEST OF 1-70, SOUTH OF HIGHW A Y 58, AND NORTH OF WEST 32ND A VENUE (WZ-05- OllCABELA'S & COORS) o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS [g] ORDINANCES fOR I ST READING o ORDINANCES FOR 2ND READING QuasI-JudICial: [g] ~iL o No Clty~O-J~ CommUnIty Development Director EXECUTIVE SUMMARY: Cabela's and Coors Brewmg Company are requestmg approval of an establIshment of Planned CommerCial Development (PCD) ZOnIng for the properties located generally west of 1-70, south of Highway 58 and north of West 32nd Avenue. The properties currently do not have a ZOnIng designatIOn. The propertles were annexed mto the City of Wheat Ridge on february 28,2005 State statute reqUIres that any property annexed into a municipality must have a zoning deslgnation wIthm 90 days of annexation. The Planned Commercial Development zoning will encompass 178.2 acres. AdoptIOn of the ordinance WIll zone the property Planned CommercIal Development and WIll approve an intenm OutlIne Development Plan (ODP) The interim ODP will allow only two uses - water storage and depOSitIOn and excavatIOn offill material. The applIcants are in the process ofcompletmg a "1601" study with the Colorado Department of Transportation, and feel that process must be completed before submittmg development plans with any commercial site development, as the findmgs may lmpact access points and Improvements reqUIred. Until that process is completed, this mtenm ODP with the lImIted range of allowed uses fulfills the state requirement that zoning be established Within 90 days of annexatIOn. Plannmg Commission recommended approval of the PCD zonmg and intenm ODP without condltlons. COMMISSION/BOARD RECOMMENDATION: PlannIng CommiSSIOn heard this request on April 7, 2005 and recommended approval for the foIlowmg reasons. I The proposed zoning meets the critena of Code Section 26-112.D 2. The proposed zoning and intenm ODP fulfills the State reqUirement that the annexed property must be zoned within 90 days. 3 The zone designatIOn IS consIstent with the future land use map in the Comprehensive Plan. 4 The uses and requirement to obtam a special use permIt for any excavation or fill actIvity will minimIze any adverse Impacts to the surroundmg area. 5 There has been a change in character in the area as evidenced by the annexatIOn of the property to the City and the commerCIal development to the south and the mdustnal development to the north. 6 The change m zone IS compatible with Planned Development zomng to the north, east and south. 7 There is a physical benefit to the change of the zonmg resulting from the reclamatIOn of the former gravel mine site. There were a few neighbors present at thIS public hearmg to speak to this request. Many of the concerns were in relation to eventual commercIal site development and the increase of traffic levels. There were a few neighbors present to express support of the proposal ST A TEMENT OF THE ISSUES: None AL TERNA TIVES CONSIDERED: Do not approve on first readmg FINANCIAL IMPACT: The financial impacts of this zoning and interim ODP are minimal. The City has receIved a one-time application fee for the land use application. The City has also received a one-time fee for a gradmg permIt. Upon armexatlOn, the City assumed the responsibilIty for providing services to thIS area. The cost to the City would be primarily from responding to emergency calls. The development plans must be amended to expand the lIst of allowed uses for the CIty to receIve any revenue from the development. That would also be the tIme when additional costs would be incurred by the CIty RECOMMENDED MOTIONS: ""I move to approve Council Bill No 07-2005 on first reading case number WZ-05-01, a request for establishment of Plarmed Commercial Development zoning for properties located generally west ofI-70, south of Highway 58 and north of West 32nd Avenue order it published, public hearing set for May 23, 2005 at 7 00 in the City Council Chambers, and that the Ordinance take effect ImmedIately upon adoptIOn." OR "I move to table indefinitely Council Bill No. 07-200~for the following reasons: 1. Report Prepared by: TravIs Crane, 303.235.2849 RevIewed by' Alan WhIte Attachments. 1. City Council staff report (without exhibIts) 2. Council Bill No. 07-2005 U./Case Review/CabelaslCabelas Interim ODP Council Aclion Form I" Reading CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO' City Council CASE MANAGER. TravIs Crane CASE NO. & NAME. WZ-05-0l/Cabela's & Coors DATE OF MEETING April 25, 2005 ACTION REQUESTED' Approval of establishment of Planned Commercial Development zonmg and approval of an Outline Development Plan for a parcels of land previously annexed mto the City of Wheat Ridge LOCATION OF REQUEST' Parcels ofland west ofI-70, south of Highway 58 and north of West 321\0 A venue APPLICANT (S): Cabela's/Coors OWNER (S): same APPROXIMATE AREA. 178.2 acres PRESENT ZONING Pending COMPREHENSIVE PLAN, Commumty CommerCial (CC) and Busmess Park (BP) ENTER INTO RECORD: (Xl (X) (X) CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION (X) COMPREHENSIVE PLAN Jeff rson County ( ity Council ('ase W7-05-0]/Cahela's & Coors ATTACHMENT 1 Jurisdiction All notificatIOn and posting reqUIrements have been met; therefore, there IS Junsdlction to hear this case. I. REQUEST The property owners are requesting approval of establishment of Planned Commercial Development zonmg for parcels located south of Highway 58, west of 1-70 and north of West 32nd Avenue (ExhibIt 1, Letter of Request). The property is approximately 178.2 acres in size. II. PROPERTY HISTORY The properties were annexed into the City of Wheat Ridge on february 28th, 2005. Colorado State statute requires establishment of zoning for annexed land within 90 days of annexatIOn. The applicants mitially submitted requests for rezoning and assocIated development plans with the annexation petition in January of 2005 These requests included an eventual construction of a 230,000 square foot retail store. Through numerous neighborhood meetmgs, serious concern was expressed by meeting attendees in relation to increased traffic as a result of any commercial development. The applicants WIsh to address the neIghborhood concerns prior to submIttal of the development plans for the retall store. The focus of these concerns was traffic Due to proximity to 1-70, the applicants must complete the "1601" process with the Colorado Department of Transportation. The applicants feel that this process should be completed prior to approval of any development plans because access could be affected. Because State statute reqUIres zoning on this property wlthin 90 days of annexation, a revised or "intenm" Outlme Development Plan has been subrrutted that would rezone the and allow only two uses/activltles - neither of which would allow any retail development. The interim ODP is discussed in further detail III Section III. After completion of the 1601 process, it is antiCIpated that a revised ODP will be submitted which wIll address the eventual commercial development of the site. On February 28, 2005, a Special Use Permit was approved by City Council for a portion of these properties. The SUP was a request to allow excavation and deposition of fill material in excess of 20,000 cubic yards. The Special Use Permit was approved with a number of conditions, listed as follows: 1. Hours of operation shall be limited to 7 a.m. to 9 p.m., SIX days a week, except for Apnl 15 to May 15, where It will 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 m SectIOn 26-623 (C)(2) of the Code of Laws, with the exception of the requirement for fencmg and hours of operatIOn. 4. The grant of use shall be for the applicants and may not be mherited. 5. There shall be no explOSIve devices used for the demolition or excavatIOn of matenal. 6. for areas withm 200 feet of residential propertIes, the hours of operatIOn shall be limited between 7 a.m. and 7 p.m. 7 The applicants shall comply wlth the conditions of state permits regarding water and aIr quality. 8. The applicants shall meet WIth adjacent homeowners to develop a noise abatement plan, which is subject to CIty approval. City Council Case WZ-05-01/C.abela's & Coorsd 2 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. It should be noted that because a Special Use Permit has been approved by City Council, the grading, excavation and depositIOn would be allowed WIthout an approved ODP. The need to establish zonmg (PCD) stems from the State requirement that the property be rezoned within 90 days of annexation. The proposed zODlng of PCD requires the Outline Development Plan. III. OUTLINE DEVELOPMENT PLAN The submItted Outline Development Plan will allow two uses/activitIes: excavation and fill and water storage (Exhibit 2, ODP). The ODP shows two parcels - parcell and parcel 2. The excavation and fill would be allowed on each parcel. The applicants wish to construct a water storage facilIty on parcel 2. The excavated material from the water storage facility will be distributed to parcell, consistent with the conditions of approval of the Special Use Permit. Excavation and fill and water storage are the only two uses/activities allowed withy this ODP. The ODP does not allow for the construction of any retail stores. Because the request does not include any major site development, referral comments have not been submItted for review The referral comments, as well as discussion regarding drainage, traffic and complete development standards will be forthcoming with the "full" applIcation. Jefferson County had no comments. The Department has received no comments relative to thIS "interim" ODP. The "intenm" ODP has addressed some basic development standards. These standards all relate to the water storage facility It is anticipated that the facilIty will be under construction well m advance of any other site development. for this reason, some basic standards have been addressed. These standards include building coverage, setbacks, landscaping, lighting, and fencmg. These standards are established to address parcel 2 only. Parcel 2 wIll contain one small pump house located in the northwest comer of the property. A small parking area IS also planned in this locatIOn to accommodate vehicles for any maintenance work. A six-foot fence is planned for the pen meter of parcel 2. Some landscaping is proposed around the perimeter of the water surface area. IV. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zone: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. ThiS cntenon does not apply since the property was not previously zoned in the City. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. City Council Case WZ-05-01/Cabela's & Coors 3 There has been a change in character in the area. The properties directly to the north of the subject parcels were annexed and zoned Planned Industnal Development 6 years ago. Commercial development has occurred in the 70 West Busmess Center to the south. The subject parcels have been annexed into the City of Wheat Ridge, thereby creating a change m character 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. UntIl the final uses of the property are known, this cnterion IS not applicable. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Until final uses are known, this cnterion has limited applicability To the Iirmted extent it does not does, the proposed uses and actIvities are compatible WIth the surrounding area. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. Community recreational benefit will be derived from the lImited private recreational use to be allowed on the lake. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. The change of zone and the limited uses allowed will have no to mlUlmal impact on infrastructure or service ability for any of the special distncts serving the area. The lImIted infrastructure that is needed to accommodate the proposed uses is available. 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to the adjacent properties. The restricted uses allowed on this interim ODP will not have any adverse affect on the surrounding area. The Special Use Permit process will ensure that any adverse Impacts to the surrounding area will be minimized. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The proposed rezoning will not create an Isolated zone district. Commercial properties to the east and south are zoned planned Commercial Development. v. NEIGHBORHOOD MEETING City Council Case WZ-05-01/Cabela's & Coors 4 The required neighborhood meetmg was held on November 30, 2004. This neIghborhood meeting discussed the full development of the site, and focused on traffic. As a result, the neighborhood meetmg synopsis has not been mcluded wIth this intenm ODP review. Instead, the neIghborhood meeting synopsis will be included when the amended ODP is submitted for review. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the zone designatIOn meets the applIcable rezoning cnteria of SectIOn 26-112 (D) of the Wheat Ridge Code of Laws. Therefore, staff recommends APPROVAL of Case No WZ-OS-O 1 City Council Case WZ.05-0 IICabela s & Coors 5 INTRODUCED BY COUNCIL MEMBER Council Bill No. 07-2005 Ordinance No. Series of 2005 TITLE: AN ORDINANCE ESTABLISHING PLANNED COMMERCIAL DEVELOPMENT ZONING FOR PROPERTIES LOCATED GENERALLY WEST OF 1- 70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND A VENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY Of WHEAT RIDGE, COLORADO, THAT Section 1. Upon applicatIOn by Cabela's and Coors Brewing Company, approval of establishment of zoning m Wheat Ridge, Colorado, Case No WZ-05-01, for properties located generally west of 1-70, south of Highway 58 and north of West 32nd A venue and based on a recommendatIOn of approval from the Wheat Ridge Planning CommISSIOn and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat RIdge maps are hereby amended to include in the Planned Commercial Distnct zone district the following described land. A PARCEL OF LAND, LOCATED IN THE SOUTHEAST 1/4 OF SECfION 19, THE SOUTHWEST 1/4 OF SECTION 20, THE NORTHWEST 1/4 OF SECTION 29, AND THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 QUARTER OF SECfION 30, BEING IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS' BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECfl0N 30, WHENCE THE EAST 1/4 CORNER OF SAID SECTION 30 LIES SOI001'50"E ALONG THE EAST LINE OF THE SAID NORTHEAST 1/4 OF SECTION 30, 1320.79 FEET; THENCE S890lO'02"W ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, 1315.31 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4, THENCE Noo055'47"W ALONG SAID WEST LINE, 1320.36 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19; THENCE Nooo07'30"W ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,913.46 FEET TO THE SOUTHWEST LINE OF THAT 80' WIDE DENVER WATER BOARD EASEMENT RECORDED AT RECEPTION #92130445 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, THENCE S89007'31"W, 57 62 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 79119; THENCE THROUGH A CENTRAL ANGLE OF 15021'56", NORTHWESTERLY ALONG THE ARC OF SAID CURVE 212.18 FEET, SAID CURVE HAVING ACHORD OF 211.55 FEET WHICH BEARS N50055'48"W TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1529.61 FEET, ATTACHMENT 2 FEET WIDCH BEARS N50055'4S"W TO A NON-TANGENT CURVE CONCA VB SOUTHWESTERLY HAVING A RADIUS OF 1529.61 FEET, THENCE THROUGH A CENTRAL ANGLE OF 12049'33", WESTERLY ALONG THE ARC OF SAID CURVE 342.40 FEET, SAID CURVE HAVING A CHORD OF 341 69 FEET WIDCH BEARS N75038'51"W TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS Of 1022.23 FEET, THENCE THROUGH A CENTRAL ANGLE OF 10005'16", WESTERLY ALONG THE ARC OF SAID CURVE 179.98 FEET TO THE POINT OF TANGENCY, THENCE S87051'06"W, 175.73 FEET, THENCE N()()023'12"W, 174.56 FEET TO THE SOUTH LINE OF THE NORTH 112, OF THE SOUTHEAST 1/4 OF SAID SECTION 19; THENCE SS9007'31"W ALONG SAID SOUTH LINE, 410.63 FEET TO THE SOUTHWEST CORNER OF THE SAID NORTH 1/2; THENCE Noo023'12"W ALONG THE WEST LINE OF THE SAID NORTH 1/2, 171.61 FEET TO A NON-TANGENT CURVE CONCA VE NORTHWESTERLY HAVING A RADIUS OF 505 40; THENCE THROUGH A CENTRAL ANGLE OF 53002'20" , NORTHEASTERLY ALONG THE ARC OF SAID CURVE 467.85 FEET, SAID CURVE HAVING A CHORD OF 451.32 FEET WHICH BEARS N2So 13'09"E TO THE POINT OF TANGENCY; THENCE NOl041'59"E, 141.51 FEET THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN DEED BOOK 2177, PAGE 367 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, THENCE N87001'30"E ALONG SAID SOUTH RIGHT -OF-W A Y LINE, 2426.47 FEET TO THE WEST LINE OF SAID SOUTHWEST 1/4 OF SECTION 20; THENCE SoooOS'll "W, ALONG SAID WEST LINE, 796.40 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTH 1/2, OF THE SOUTHEAST 1/4 OF SECTION 19; THENCE S89007'31"W, ALONG THE SOUTH LINE OF SAID NORTH 1/2,131903 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4, OF THE SOUTHEAST 1/4 OF SECTION 19; THENCE Sooo07'30"E, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,382.28 FEET TO THE NORTH LINE OF THAT PARCEL DESCRIBED IN THAT DOCUMENT RECORDED AT BOOK 1992, PAGE 752 IN SAID OFFICE; THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING 3 COURSES: 1) N89052'30"E, 425.00 FEET; 2) N64057'30"E, 177 70 FEET; 3) S89039'40"E, 731.27 FEET TO THE WEST LINE Of THE SAID SOUTHWEST 1/4 OF SECTION 20; THENCE Nooo08' 11 "E ALONG SAID WEST LINE, 7.56 FEET TO THE NORTH LINE OF THE SOUTH 3/4 OF LOTS 21 THROUGH 24, ROXBURY GARDENS, DESCRIBED IN THAT DOCUMENT AS RECORDED AT RECEfYfION #09337790 IN SAID OFFICE; THENCE N8900 1 '07"E ALONG SAID NORTH LINE, 990.43 FEET TO THE WEST RIGHT- OF-WAY LINE OF INTERSTATE 70 AS RECORDED IN THOSE DOCUMENTS RECORDED AT BOOK 1855, PAGE 425 AND BOOK 1952, PAGE 286; THENCE ALONG SAID WEST RIGHT -OF-WAY LINE THE FOLLOWING FOUR COURSES. 1) Soo041'53"E, 1005.12 FEET TO THE SOUTH LINE OF SAID SECTION 20; 2) Sooo45'49"E, 1321.80 FEET TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SAID NORTHWEST 1/4 OF SECTION 29; 3) SO()043'42"E, 241.50 FEET; 4) S06023'48"W, 82.23 FEET TO THE SOUTH LINE OF LOT 16, SAID ROXBURY GARDENS; THENCE S89024'52"W ALONG SAID SOUTH LINE, 986.91 FEET TO THE WEST LINE OF SAID LOT 16, BEING THE SAID EAST LINE OF THE NORTHEAST 1/4 OF SECTION 30; THENCE NO! 00 1'5 OW ALONG SAID EAST LINE, 323.40 FEET TO THE POINT OF BEGINNING, CONT AINING 178.217 ACRES, MORE OR LESS. Section 2. Vested Property Rights. Approval of thIS rezoning does not create a vested property right. Vested property rights may only anse and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservatIOn of health and safety and for the protection of publIc convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attamed. Section 4. SeverabIlity. If any clause, sentence, paragraph, or part of thIS Zoning Code or the applIcation thereof to any person or circumstances shall for any reason be adjusted by a court of competent junsdiction invahd, such judgment shall not affect applIcation to other persons or cIrcumstances. Section 5. Supersession Clause. If any proviSIOn, requirement or standard established by this Ordinance IS found to conflict with similar proVISIOns, reqUIrements or standards found elsewhere in the Code of Laws of the CIty of Wheat Ridge, whIch are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevml. Section 6. This Ordinance shall take effect immediately upon adoption. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of _ to _ on this 25th day of April, 2005, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 23rd 2005, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of _ to _, this 23rd day of May, 2005. SIGNED by the Mayor on thIS _ day of ,2005. GRETCHEN CERVENY, MAYOR ATTEST. ITEM NO' 5 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: Apn125,2005 TITLE: RESOLUTION 22-2005 - A RESOLUTION APPROVING THE 2005 RESIDENTIAL LARGE ITEM PICK-UP PROGRAM, APPROVING OF EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $10,000, ALONG WITH AMENDING THE FISCAL YEAR 2005 PUBLIC WORKS OPERA TIONS BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIA TION D PUBLIC HEARING [8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date _) D ORDINANCES FOR 2ND READING QuasI-Judicial. D [8J (/ No 7~~('J Director of ublic Works Clt~~~ EXECUTIVE SUMMARY: A program has been developed to assIst residents in dIsposing of large items that would not be routinely collected by residentIal trash collection compames. Approximately 500 residents would be accommodated on two Saturdays in July at a cost to the City not-to-exceed $10,000. A draft program outline is attached. COMMISSIONIBOARD RECOMMENDATION: The CIty CouncIl, at its March 28, 2005 Study SessIOn requested that a program be developed and presented to City Council for action. STATEMENT OF THE ISSUES: The City Council has explored renewal of a Spring Trash PIck-up Program. Residential assIstance programs have been discussed at the February 7,2005 and March 28,2005 Council Study SessIOns. A pilot large item pick-up program has been developed for 2005 The program would consist of residents applying on a first come basis with items being collected by a contractor at the directIon of the CIty on two consecutIve Saturdays. ALTERNATIVES CONSIDERED: The Residential Large Item Pick-up Program not be approved and implemented. FINANCIAL IMPACT: Funding for this program would be approved as a Contractual Service in the 2005 Public Works Operations budget account 01-303-700-704 The line Item budget would be increased $10,000 by transfer from General Fund Undesignated Reserves. RECOMMENDED MOTION: "I move to approve Resolution 22-2005, a resolution approvmg the 2005 Residential Large Item Pick- up Program, approving the expenditure offunds for the program in an amount not to excced $10,000, along with amending the fiscal year 2005 General Fund Budget to reflect the approval of a supplemental budget appropnation of$IO,OOO m the Public Works Operations Contractual Scrvlces account 01-303-700-704 for the following reason(s) or, "I move to deny approval of Resolution 22-2005, a resolution approving the 2005 ResIdential Large Item Pick-up Program, approving the expenditure of funds for the program in an amount not to exceed $10,000, along WIth amending the fiscal year 2005 General Fund Budget to reflect the approval of a supplemental budget appropriation of$10,000 in the PublIc Works Operations Contractual Services account 01-303-700-704 for the following reason(s) Report Prepared by: Reviewed by: Tim Paranto, Director ofPubhc Works Patnck Goff, Deputy City Manager Attachments: I. 2005 ReSIdential Large Item Pick-up Program Description 2. Resolution 22-2005 CITY OF WHEAT RIDGE ~ City of \Vh~ilt. R dge Department 01 Public Works 2005 LARGE ITEM PICK UP PROGRAM DRAFT The City of Wheat Ridge 2005 Residential Large Item Pick-up Program (businesses and apartment complexes not included) is scheduled for SATURDAY, JULY 16, 2005 and SATURDAY, JULY 23,2005. WHAT IS THE LARGE ITEM PICK-UP PROGRAM? · The FIRST 500 City of Wheat Ridge residents that register for the program will be eligible to have ONE large or bulky household item, that your residential trash service will not collect without extra payment, disposed of at City expense (see item examples below). . Up to 250 residences will have a pick-up scheduled on July 16, 2005 · Up to 250 residences will have a pick-up scheduled on July 23, 2005 REGISTRATION & PROGRAM INFORMATION - 303-205-7600 · Registration dates: May 9,2005 thru July 1, 2005 between the hours of 7 30 a.m. to 12 noon and 1.00 p.m. to 4 p.m., Monday thru Friday only . Verification of Wheat Ridge residency and approval of the item to be picked up will be required at the time of registration. · REMEMBER, ONLY THE FIRST 500 REGISTRANTS WILL BE ELIGIBLE FOR THE PROGRAM! ADDITIONAL LARGE ITEMS FOR PICK UP · Residents who wish to have additional items or trash picked up must contact EDS, Waste Solutions, Inc. at 303-278-8600, no later than one (1) week prior to your scheduled large item pick up date to determine costs and availability of this service THE CITY OF WHEAT RIDGE WILL NOT PAY FOR THE COSTS TO PICK UP ADDITIONAL ITEMS. PROGRAM GUIDELINES · Only ONE, pre-approved large item will be picked up. · Pick-up hours are 700 a.m. to 5.00 p.m. There will be no schedule of when pickups will be made on any particular street; therefore, your large item must be at the curb by 7 a.m. on the designated pick-up day noted above. · Do not place your large pick up item with refuse to be collected by your regular collection service. · Collections will be made from private streets only if they are wider than 20 feet and loop to a public street, connect to a public street at both ends, or end with a standard size cul-de-sac. · Trashcans will not be emptied, trash bags and additional large items will not be picked up · A large item will not be taken if two workers cannot safely lift it into a pickup truck bed. A wood stove, for example, will not be picked up due to its weight. EXAMPLES OF A LARGE ITEM WE WILL PICK UP: · ONE: piece of furniture, mattress & box spring & frame, stove, oven, dishwasher, washing machine, dryer, sink, toilet, bathtub, door, window, water heater, gas grill (no propane bottle), swing set (disassembled) or bicycle EXAMPLES OF A LARGE ITEM WHICH WILL NOT BE PICKED UP (see recvclina information below): · refrigerator, freezer, or any item with Freon · microwave oven . wood stove . television, computer monitor, or computer · garbage bags full of trash or loose debris that will fit into a garbage bag or trashcan · trees, branches, or shrubs or mixed branches and trash . household chemicals and paint, fuel tanks or cans, batteries, propane bottles, or closed drums · gravel, asphalt, rock, sod, earth, concrete, brick, block, pavers, or roofing materials . tires . engine blocks, car parts, or any small gas engine equipment . materials or debris from a private contractor's work ATTACHMENT 1 RECYCLING INFORMATION- Manv items and materials mav be disposed of at desianated facilities (Call for hours. locations. and fees) Paints Poisons Televisions Tires Tree limbs, branches, etc. Small Gas Engine Equipment Rooney Road Recycling, 1-800-449-7587 Unwanted Appliances, 303-430-7142 Iliff's Appliance Removal Service, 303-320-0258 Rooney Road Recycling, 1-800-449-7587 Rocky Mountain Battery Service, 303-423-7142 Bud's Warehouse, 303-296-3990 Action Recycling Center, 303-424-1600 Rooney Road Recycling, 1-800-449-7587 Action Recycling Center, 303-424-1600 Rooney Road Recycling, 1-800-449-7587 Rooney Road Recycling, 1-800-449-7587 Auto Zone, 303-456-0811 Pep Boys, 303-420-7444 City of Wheat Ridge, 303-205-7600 Rooney Road Recycling, 1-800-449-7587 Rooney Road Recycling, 1-800-449-7587 Rooney Road Recycling, 1-800-449-7587 Big 0 Tires, 303-425-5545 Rooney Road Recycling, 1-800-449-7587 Action Recycling Center, 303-424-1600 Antifreeze Appliances (refrigerator, freezer) Batteries (alkaline, car) Building Materials Car Parts Chemical, Cleaners Engine Blocks E Waste, Computers, TV's, etc. Microwave Ovens Motor Oil CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 22 Series of 2005 TITLE: A RESOLUTION APPROVING THE 2005 RESIDENTIAL LARGE ITEM PICK-UP PROGRAM, APPROVING THE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $10,000, ALONG WITH AMENDING THE FISCAL YEAR 2005 PUBLIC WORKS OPERATIONS BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION WHEREAS, the City Council wishes to provide for a Residential Large Item Pick- up Program, and WHEREAS, the cost of the Program is estimated not to exceed $10,000, funds for this program will be transferred to the Public Works Operations account 01-303-700- 704 from the General Fund Undesignated Reserves WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows Section 1.ProQram Approval The 2005 Residential Large Item Pick-up Program is hereby approved Section 2.Budqet Amended The following amendments to the 2005 General Fund budget are hereby approved (a) A supplemental budget appropriation from General Fund undesignated reserves in the amount of $10,000 to account #01-303-700-704 for the purpose of funding the 2005 Residential Large Item Pick-Up Program Section 3. Expenditure Approved The expenditure of an amount not-to-exceed $10,000 is hereby approved from the Public Works Operations account 01-303-700-704, for the Residential Large Item Pick-up Program This Resolution shall be effective immediately upon adoption ATTACHMENT 2 DONE AND RESOLVED this ATTEST Pamela Anderson, City Clerk RESO 001 day of ,2005 Gretchen Cerveny, Mayor 2 CITIZENS' RIGHT TO SPEAK DATE: April 25, 2005 ANY PERSON MAY SPEAK ON MATTERS 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. j NAME ADDRESS TOPIC :1/. 0. ~ . ~ -"7 cv vv. :7- 9 tit: t1~ ('J-~J~ v'r- d~h~ .3703 ~ ~ /l _ /C ~ CI'l'Y OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA I'l'EM NO.2. PUBLIC BEARING BEFORE THE WHEAT RIDGE CI'l'Y COUNCIL CASE NO. WZ-04-06 COUNCIL BILL NO. TITLE: Request for approval of a Final Development Plan for property zoned Planned Commercial Development located at 3270 Youngfield Service Road, 3291 Youngfield Service Road, 13001 West 32nd Avenue, and 13501 W 32nd Ave. YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED .,-'- ilL . ,Lvc~\))>---- ',- J -- '~. "" ,,--jL'~ / / IF YOU REED MORE ROOM PLEASE SIGN ON BACK OF PAGEl DATE: April 25, 2005 GENERAL AGENDA ITEM COMMENT ROSTER ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. ~ ~,_ '';...:;l ; ~:. o~ Ii:; , NAME ADDRESS AGENDA ITEM NO. M \(J~I ell) r:vJ l')/L(1t? \JJ hflh ~ 'i ~ /l~ _ 'I \ (!' I (r 7' ~ I') . ./J ..1".,;.,- li ~~ l ,/~ l/--.- V C- , c, -t, e, 6 - ~c c ~ (- \" ,'\ _1-1-- l' ? 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'...'........' ll.dA: '{~'1'" ,: :~"'~ April 25, 2005 > ,Iv ~ayor Cerveny called ~ Regujar Ci\Y Council Me~g to order ~ 7"00 P m youncilmembe!Y' uY present: Kar~ Adams, Karep13erry, 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, y(}-+t' Director of Public Works, Tim Paranto, Director of Parks & Recreation, Joyce Manwaring, staff; and interested citizens. @ APPROVAL OF MINUTES OF April 11. 2005 Motion by Mr DiTullio for the approval of the Minutes of April 11 , 2005, seconded by ~.....-". carried 7-- 0 ~w ~fM~ :'~ . PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the Proclamation for Arbor Day - April 29, 2005 and presented it to JOYCeManWa~1 S~~ ~~. -------- QAt~>1/f( Keith Wood, gave Presentation for Wheat Ridge, Col ado, Tree City USA. ') CD~ ~~ ~t- ~. .iJ ~L1 q-{( CITIZENS' RIGHT TO SPEAK ......wiu '--7 'r I ) ~ ~~..OL~~,,__ ' '_ _ _~I~~~U)'C:::1'--' YCJ1tcGvJ -,'Ccc rf;\C( fC(f?Lf (w--r€ _:7 Me VlD ~{At (C\A.t!.tl-C ~Qo.t~S ,I '1-+~ C'.th7 ~+- lfi~A'J.cc.~}\~,~. t)~({.u\J7 cdtJQA-r cO-K - VlO-n {) ~ C'l~ ~ Cll.L,^~( ~1 (,lY'J r ~ \ ) v1 L. ; 7'.{. :' j C-A-t- UJ\A-fvo--V ~ ' LKJe;r . ~-{tf)~ . ~.__.._.. ._m" _..._~ ( re);;J hArV0 ((,~ ft.~~ vi ,p,z. G~dlL^- . JArv'{ ~ :, ~- t{Vvu 1ST h. (vtf../ CITY COUNCIL MINUTES April 25, 2005 'd ~p ge -3- f, -;VJ-},'It~ {~l:);'~" {itJbLt(tJ+-\ lJf/lQ (w-th1A. ,\. k~ t-sb1vrfif v h lAu . r r \, I . . ~ ~ Mauldin, was SW0rn in ~\ nd testified in OPPOSiti~.,to this i.tem T~. . are 3 car ~~~'h~~he immediate area an a similar car wash as t~e one propo ed, miles " aw~y She ~ed that Council thi k about if they would w~carwa,th acr ,ss the '\ stre\3t from them . . . '\ .' - .' \ ! 1 '1-...~ " ! I .' \ ...., ~~... \ I Ste~~ Schaller, wa$ swor~in ar'he is opposed\to m~ting the sIgn q'-Jer to the west side beca~s~he . oul ,s Ii" 'nto his livin~ roam / Re~;-;;;-r;,worn in and reiterate/what Mr Schall~~~J to s-ay atm~y(he sign She has\no~robl ' ms with the carwash proposal as Ion. g as there is no servicing of vehicles .... _ I . 1 , ~ n,.:J' ( (yydr:A.J, .-eM~"'-v\1 (/1 UK.c/ -n~ ~~ ~ I. c. /fLMVl"Y- Motion by Mr Stites to approve Case No WZ-04-06 for the following reasons 1 The proposed car wash will have minimal impact in light of the existing commercial already in the development. 2 The Final Development Plan is consistent with the standard as set forth in the approved Outline Development Plan for the site 3 Future requirements needed for the widening of Youngfield Service Road will be addressed at that time, seconded by . ~T~J11 L \ @ G~i~~ rv~_/ /;J oo-hLM iJ [t~~) , carried Ll (LLL id ( (li. L1'" N ['Ii (, -$'vcd C, r -{ tlU '" ~4 >fc";!t by, tvvJ 1 Iv0 /)1 ~.. liflA W . ~e! ~ ~ 1- (j~ c <-J, 0-€ ref--ke-c;tq;f; :?u OC/ ~J. ?~c o CITY COUNCIL MINUTES April 25, 2005 Page -2- APPROVAL OF AGENDA kJ P uJ;~;\U , 'I Item 1. Consent Aaenda: A. Award Bid ITB-05-01 Floor Replacement and Stage Remodel Design Build of Prospect Hall at the Senior/Community Center in an amount not to exceed $35,000 (including contingency) B Award RFB-06-16 2005 Traffic Signal Equipment Replacement Project and approve expenditure of funds in the amount of $48,193 Consent Agenda was introduced and read by Mrs Sang ____.".. ~~--- Motion by Mrs Sang for approval of the Consent Agend~ ~y 1hl~fL;- 8....0 . carried PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ~/\O , Item 2. Request for approval of a Final Development Plan for property zoned Planned Commercial Development located at 3270 Youngfield Service Road, 3291 Youngfield Service Road, 13001 West 32nd Avenue, and 13501 W 32nd Ave IA. (Cas~ No WZ-04-06/70 WBC, LLC) (continueS! fro~ DAarch 28, 2005) l1iUJW UJ~\-. [~J~ ortMJ ~ u\-l..t1kM-ciJ.1~)(-C 4~~ Item 2 was introduced by Mr Stires. .., \ 1_ L.i.L- . 0-- ()\5tyl~ 'cw---v fo c.0vuL&\1 ?WvL-t 3rt! Meredith Reckert, Community Development Planner, was sworn in and presented the ~k- .11 staff report. Mrs. Reckertr~htered the comprehensive plan, zoning ordinance, lll"'4,t:<-.. subdivision regulations, case file and packet materials, and digital presentation into the record /'. j.- \1, ~ \ c--.. ~ . '-- \). \ v..U\[; U-\1uv \1.1 vu~l"v \ . l <') VVhlll _ .___ ain icr, applicahY.-wCls swor n a ~tl~~ fiV~oc~ int record H~ for ap al of his applications. .-/ ~rthur Wise, rthur_ . Architects AlA, Archite~t gn~tLand Pia.. nner for 70 West usiness Center, as swor . and asked for a oval olih.~ car wash.and ad aitioD a I u ~s in th~.zoning di5trict. The iB_.be 4 service bays ana Z automatic bays, as. welt-as-cf'small office ~'- "- '-, far~. Pa~ker, Kraiger and-Ass. .' es, was sworn ina'hd testifled.pn behalf of th~_ a'PPlicantregarding traffic i aCts-~roposed development. . .... ..... \. !ane Davies, FCl~re and Be on, LLP,"an. ttornev r senting the applicant, was s orn in and ~st1fie.d regarding la use issue S,h"e reque ted that thyre=no /"\ c ntinuance- of this hearing because e issues th ave bee preseflted are ot.new a d to trn{extent that there is anything w 9F differen, uch a dme of the traic i ormation, thahnformation relates to conditions that are related to this d elopme ;/but are related to Cabela's and shouldn't be use 0 delay the applicant's abih aevelop the property "- CITY COUNCIL MINUTES April 25, 2005 Page -4- ORDINANCES ON FIRST READING (NO PUBLIC TESTIMONY) Item 3. COUNCIL BILL 06-2005 AN ORDINANCE ESTABLISHING AGRICULTURE ONE ZONING FOR A PORTION OF STATE HIGHWAY 58 RIGHT-OF-WAY LOCATED GENERALLY WEST OF 1-70 AND EAST OF ELDRIDGE STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-05/04/Highway 58) Council Bill 06-2005 was introduced on first reading by Mr Stites Motion by Mr Stites to approve Council Bill 06-2005 on first reading, order it published, public hearing set for Monday, May 23, 2005 at 7 00 P m in the Ci~C9uncil Chambers, and that it take effect immediately upon adoption, seconded by 2a.~. carried 0 6~ C. Item 4. COUNCIL BILL 07-2005 AN ORDINANCE ESTABLISHING PLANNED COMMERCIAL DEVELOPMENT ZONING FOR PROPERTY LOCATED GENERALLY WEST OF 1-70, SOUTH OF HIGHWAY 58, AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-05-01/Cabela's & Coors) Council Bill 07-2005 was introduced on first reading by Mr Stites Motion by Mr Stites to approve Council Bill 07-2005 on first reading, order it published, public hearing set for Monday, May 23, 2005 at 7 00 p.m in the City Council Chambers, and that it take effect immediately upon adoption, seconded by ~\...-. carried ,1 6 - [;- CITY COUNCIL MINUTES. April 25, 2005 Page -5- DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. RESOLUTION 22-2005 A RESOLUTION APPROVING THE 2005 RESIDENTIAL LARGE ITEM PICK-UP PROGRAM, APPROVING THE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $10,000, ALONG WITH AMENDING THE FISCAL YEAR 2005 PUBLIC WORKS OPERATIONS BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION Resolution 22-2005 was introduced by Mr Schulz. Motion by Mr Schulz to approve Resolution 22-2005 approving the expenditure of funds for the program in an amount not to exceed $10,00000 along with amending the fiscal year 2005 General Fund Budget to reflect the approval of a supplemental budget appropriation of $10,00000 in the Public WO/tJS Operations Contractual Services account 01-303-700-704 ,seconded by "" carried ?--'5 q . ~ _/ CITY COUNCIL MINUTES April 25, 2005 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ~(j::U",-1- ;\\ ~ l-*f~ vAfk1 ;-r\r~ + tv ~ LcJtf0~;' ELECTED OFFICIALS' MATTERS Meeting adjourned at 1:51/ pm I Pamela Y Anderson, City Clerk tKr ,f:,JJ} tv ~ S eM u Q.,j / . - - () Page -6- aM~~ ?;-c APPROVED BY CITY COUNCIL ON MAY 9,2005 BY A VOTE OF to Lena Rotola, Council President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions