HomeMy WebLinkAboutCity Council Meeting Packet 03-14-16
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
March 14, 2016
7:00 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Maureen Harper, Public Information Officer, at 303-235-2877 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance.
CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MEETING MINUTES February 8, 2016 and February 22, 2016
PROCLAMATIONS AND CEREMONIES
CITIZENS’ RIGHT TO SPEAK
a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3
minutes and sign the Public Comment Roster.
b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA
ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard.
APPROVAL OF AGENDA
PUBLIC HEARING AND ORDINANCES ON SECOND READING
1. Council Bill 03-2016 – Approving the rezoning of property located at 3865 Kipling Street
from Residential-One(R-1) to Mixed Use-Commercial (MU-C) (Case No. WZ-15-
12/Equinox) DECISIONS, RESOLUTIONS AND MOTIONS
2. Motion to approve Johnson Street Traffic Calming Request
3. Motion to appoint Board and Commission Members to Districts II and IV
CITY COUNCIL AGENDA: March 14, 2016 Page -2-
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
February 8, 2016
Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLLCALL OF MEMBERS
Monica Duran Zachary Urban
Tim Fitzgerald George Pond
Kristi Davis
Genevieve Wooden
Janeece Hoppe
Larry Mathews
Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; Acting Police Chief Jim Lorentz; Parks & Recreation Director, Joyce
Manwaring; Administrative Services Director, Heather Geyer; other staff and interested
citizens.
APPROVAL OF SPECIAL MEETING MINUTES OF January 20, 2016
There being no objection, the Special Meeting Minutes for January 20, 2016 were
approved as published.
PROCLAMATIONS AND CEREMONIES none
CITIZENS' RIGHT TO SPEAK
Shannon Hancock (Broomfield), executive director of the Outdoor Lab Foundation,
thanked the Council for their contribution of almost $20,000 to local schools for the
Outdoor Lab program. This helps hundreds of students who would otherwise not be able
to.attend. Donations are necessary to ensure that all students are able to attend Outdoor
Lab for free. Besides the week-long science program, the program has added a
stewardship and sustainability program that works with students on environmental issues,
food waste, and green energy. One of the focuses this year will be girls in STEM.
Wheat Ridge has set a very high bar compared to other Jeffco cities.
Carol Mathews (WR) believes the City is using social issues and emotional tactics rather
than common sense business facts to sway the public on the redesign of 381h Avenue.
Profitable businesses need exposure. access. accessible parking and a continuous
source of new customers. Repetitive foot traffic doesn't produce adequate sales. A
prominent city planner she quoted says 'successful city planning relies on the careful
calculation of traffic generating capacity of the different land uses in relation to the ability
of the street to bare the load'. She believes the current strategy of lane reduction,
City Council Minutes February 8, 2016 Page 2
streetscaping and a social agenda doesn't properly match traffic capacity with increased
population and land use. She encouraged folks to read the 38th Ave Corridor Plan on the
City website which calls for high density and multi-family housing on the entire corridor.
Russell L. Mayer tyVR) recently attended a town meeting with our state representative at
the Seniors' Resource Center. The interior meeting location was hard to find and parking
was inconvenient. Upon inquiry, Rep. Daniels told them the City would not permit such
meetings at City Hall in Council Chambers. He asked Council to rethink this policy and
allow meetings with elected representatives to be held in City facilities because they
represent us. It should be at no expense because we are taxpayers and interested in
what is going on in our government.
Davis Reinhart tyVR) noted that his City [property] tax bill is only $35 -lower than what
he contributes to the fire district, library fund, county and schools. He believes that we
have a structural defect in our budget, that we have an aging infrastructure that was built
substandard, that we are far behind in addressing public works and that we have no room
to invest in ourselves. He encouraged Council to develop a plan to bring to the citizens
in the fall, a way to strengthen the overall budget in the City. There are real needs.
APPROVAL OF AGEN DA
Mr. Goff asked that Discussion Item 3 be pulled so staff can do further preparation on it.
1.:. CONSENT AGENDA
a) Resolution No. 13-2016-amending the Fiscal Year 2016 Budget to reflect the
approval of a Supplemental Budget appropriation for the re-appropriation and
re-encumbrance of 2015 Fiscal Year encumbered funds in the amount of
$3,581 ,804.10 [unfinished 2015 budgeted projects carried into 2016]
b) Resolution No. 16-2016-amending the Fiscal Year 2015 Crime
Prevention/Code Enforcement Fund Budget to reflect the approval of a
Supplemental Budget Appropriation in the amount of $50,390 for the purpose
of funding Medical/Dental Insurance, Staff Salaries and Overtime expenses
[expenses were higher than budgeted]
c) Motion to accept Rights-of-Way and Temporary Construction Easements from
adjacent property owners along Tabor Street between 49th Ave. and Ridge
Road [five property owners; for roadway widening, bike paths and sidewalks]
d) Motion to renew the Agreement with Front Range Services, Inc., Commerce
City, Colorado for Bus Shelter Cleaning & Snow Removal Services and Bus
Bench Refuse Collection and Cleaning Services and approve payment in a
total amount not to exceed $36,000 [annual fee; weekly service for 30
shelters ($20,000) and 66 bus benches ($16,000)]
e) Motion to approve the renewal of the Agreement with W.L. Contractors of
Arvada, Colorado for on-call Traffic Signal Repair Services and approve
payment in a total amount not to exceed $45,000 [budgeted]
City Council Minutes February 8, 2016 Page 3
f) Motion to approve the annual renewal of Licensing and support for the
Computer Aided Dispatch and Records Management System in the amount of
$86,423 payable to Logistic Systems, Inc. [necessary for police dept. software]
g) Motion to approve the annual payment of $53,17 4.68 to the City of Lakewood
for Police Radio System Services [Mount Morrison radio site shared with
City of Lakewood and West Metro Fire]
Councilmember Davis introduced the Consent Agenda, taking time to explain Item a.
Motion by Councilmember Davis to approve the Consent Agenda; seconded by
Councilmember Pond; carried 8-0.
ORDINANCES ON FIRST READING
2. Council Bill 03-2016 -An Ordinance approving the rezoning of property
located at 3865 Kipling St. from Residential-One (R-1) to Mixed Use-
Commercial (MU-C) (Case No. WZ-15-12/Equinox)
The proposed rezoning includes two parcels totaling 2.2 acres. The purpose of the
rezoning is to modify the list of allowed uses and to simplify the review and approval
processes for future development. If approved, future development of the site would be
reviewed administratively.
Councilmember Pond introduced Council Bill 03-2016.
Motion by Councilmember Pond to approve Council Bill 03-2016 an ordinance approving
the rezoning of property located at 3865 Kipling Street on first reading, order it published,
public hearing set for Monday, March 14, 2016 at 7:00pm in City Council Chambers, and
that it take effect 15 days after final publication; seconded by Councilmember Fitzgerald;
carried 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
3. Motion to award contract to Mid-America Pool Renovation, St. Louis, Missouri, in
the amount of $170,795 for the purpose of water toy replacement and resurfacing
of the outdoor pools at Anderson Park and to approve a Contingency amount of
$17,000 for a total of $187,795
The scope of the contract includes resurfacing of the lap and leisure pools, removing the
non-working hydro tower and replacing it with a spray mushroom water feature, and
adding railings to meet ADA guidelines. Other pool repairs and improvements are
budgeted and will follow.
City Council Minutes February 8, 2016 Page4
Councilmember Mathews introduced Item No. 3.
Ms. Manwaring informed Council the hydro tower is in the middle of the play pool.
Motion by Councilmember Mathews to approve the contract to Mid-America Pool
Renovation, St. Louis, Missouri, in the amount of $170,795 for the purpose of water toy
replacement and resurfacing of the outdoor pools at Anderson Park and to approve a
Contingency amount of $17,000 for a total of $187,795; seconded by Councilmember
Wooden; carried 8-0.
4. Resolution No. 14-2016-A resolution approving the renewal and amendment of
an Intergovernmental Agreement for ambulance services among the City of Wheat
Ridge, the Wheat Ridge Fire Protection District and Rural/Metro of Central
Colorado dba Pridemark Paramedic Services, LLC
Besides approving renewal of the IGA, the resolution also approves two amendments:
• All ambulance responses to structures fires will be identified as an emergency
response.
• Cap rates charged to the City for the transport of persons in custody.
Councilmember Fitzgerald introduced Resolution No. 14-2016.
Fire Chief Olme was available for questions, but there were none.
Motion by Councilmember Fitzgerald to approve Resolution No. 14-2016, a resolution
approving the renewal and amendment of an Intergovernmental Agreement for
ambulance services among the City of Wheat Ridge, the Wheat Ridge Fire Protection
District and Rural/Metro of Central Colorado dba Pridemark Paramedic Services, LLC;
seconded by Councilmember Duran; carried 8-0.
~ Resolution No. 15-2016-supporting Redevelopment of the Fruitdale School
through a Public-Private Partnership proposed by Hartman Ely Investments
Councilmember Wooden introduced Resolution No. 15-2016. The Housing Authority
(HA) has, after thorough consideration of various options, determined that no other option
would be financially feasible or prudent. In February, 2015 the HA entered an exclusive
negotiation period with Hartman Ely Investments (HEI)
Staff presentation -Lauren Mikulak, Senior Planner
• The decommissioned school was purchased by the HA in 2011 when it was
scheduled for demolition.
• HEI 's plans for the property have evolved over the last year. The current plan is a full
residential development of 16 units (5 affordable). This aligns with the mission of the
City Council Minutes February 8, 2016 Page 5
HA, specifically high quality affordable housing units, market rate units, (which the
City hasn't see in several decades), and loft style units (which the City does not have).
• The HA determined there would be public benefit in saving one of the few extant
historic Temple Buell buildings and it is on the National Register [of Historic Places].
• Additional public benefit would be a fruit orchard in front with a commitment to share
that back to the community, an exterior event space, and periodic public access to the
historic building.
• This development has the potential to catalyze needed reinvestment in this area.
• A public private partnership is necessary to close the funding gap. This $5.35M
project has a variety of funding sources
o $640K: committed from Jefferson County (HUD HOME funds),
o Tax credits: $10K enterprise zone tax credits; nearly $100K in solar credits;
nearly $2M in historic preservation tax credits
o The HA has incurred about $300K in expenses to date; reimbursement will not
be sought. The property will be sold for $10.
o From the HA: a $170K grant and a loan of $400K.
o From the City: $470K in grant funds and $1 .925M in short term loan funds
• Economic advisors have participated on behalf of the City and HA to produce a deal
that's fair and minimizes risk.
• Tonight's resolution expresses formal support of the City's financial contributions and
expresses support for the deal points included in the packet.
• Mr. Goff noted that this resolution appropriates no funds -just approval of the term
sheet and concepts.
o Elements of the term sheet would return to Council in the form of a
development agreement on February 22 containing several conditions that
must be met before any funds are released.
o The intent is that the City loan be repaid with HOME funds and historic and
solar tax credits in 2017 and 2018; the HA loan to be repaid later when the
building is refinanced or sold.
o The intent is that the City loan be repaid with HOME funds and tax credits in
2017/2018; HA loan to be repaid later when the building is refinanced or sold .
o City loan to be paid back with 1.5% interest and HA Loan with 5% interest.
Council questions
Councilmember Urban: Mr. Goff said it's anticipated that at closing late summer, HEI
would like 20% of the $2.9M ($593K), followed by 6 payments monthly of 10% (each just
under $300K), and finally the last 20%. The 2016 commitment for the City would be
$1 .4M; the 2017 commitment would be the other $1.4M, plus the last 20% payment.
Because one of the asks is waiver of inspection fees and several entities will be doing
inspections, Councilmember Urban would like to see the inspection process streamlined
to share some of those inspections thereby reducing the City's actual costs.
Councilmember Mathews asked about the restricted deed. Mr. Dahl explained the late
1800's reverter clause -if the property is not used for school purposes it reverts to heirs
of original owner. He said no heirs can be found and the City has filed suit to clear the
deed of the reverter clause by quiet title action so non-educational use can happen.
City Council Minutes February 8, 2016 Page 6
Councilmember Hoppe had questions on the term sheet.
• Regarding specifying the exact number of affordable units to ensure the HOME funds,
Mr. Goff said that number can be specified in the development agreement.
• The periodic public access, the community education piece for the solar power and
development of the fruit orchard and edible landscaping will not be a responsibility of
the City, but rather HEI and Pinnacle, their management partner.
• The "up to $190K" the City agrees to pay for potential changes in construction and
financing costs would be reimbursed with tax credits.
• Ms. Hoppe suggested "acts of terrorism" be added to the force majeure clause.
Councilmember Mathews' inquired about the financing. There's no collateral for the loan
and this project would drain all but $26K of the HA's cash reserves by the end of 2016.
Councilmember Pond addressed the term sheet, the development agreement and
reserve balance.
• Mr. Goff indicated that detail can be added in the development agreement based
on information available today and what Council would like.
• Specifics about the number of times for public use will be discussed with HE I.
• The City contribution to this project in 2016 will take our reserves down to 14-16%.
• A supermajority vote is required to take our reserves below 17%. The money,
which must be replenished within two years, would come from tax credits.
• The development agreement will come to Council on February 22.
Councilmember Davis commented she understands possible concern on the money that
has been and will be spent on th is, but tax credits will be available. She sees this as an
investment, not necessarily to make a profit. The HA's job is to improve the area -not
necessarily make a profit.
Mr. Goff noted a potential for some additional return to the HA (of the $170K grant and
the initial $300K they have in the project) if eventual refinancing produces a better rate
and if the apartments rent for more than anticipated. The developer has agreed to share
back so the HA would get more back.
Public comment
Janice Thompson (WR), HA member, noted that projects cost money and don't always
produce a return (e.g. How much has been spent on studies for 38th Ave and Wadsworth,
for what return?) She spoke of HEI's reputation in the Denver area and their investment
of time and money.-Referencing a recent Denver Post article about four unique,
historic Colorado properties that are threatened (a theater, an opera house, a band shell
and the GW sugar factory), she suggested Fruitdale is an endangered property in WR.
She thanked the City staff and attorney for all their work on this, which goes well beyond
what's in tonight's packet. She thanked HEI for not giving up on this property and is
confident the agreement proposal is sound. She sees this as an opportunity for District 4
to have a much needed infusion of exciting development. She thinks this project will turn
an eyesore into a gem and that it's the last hope to save the building.
City Council Minutes February 8, 2016 Page 7
Paul Fiorino (Denver) spoke representing the RFI that was submitted by the Colorado
Arts Consortium in July, 2014 (see HA minutes of July 14 and July 22, 2014). He
mentioned sparking the efforts that saved the Leadville Opera House that was just
referenced, and noted the Fruitdale building is an opportunity for similar preservation. -
He presented the original reverter clause and a map of the property, expressing how
important it is for Wheat Ridge to reconsider and for the new Councilmembers to revisit
the other RFI--that HEI said on July 22, 2014 they would work with. The RFI for a
cultural education center is an opportunity for rentals, tenants and affordable housing for
artists-bringing WR to the forefront of what just happened in Lake County. He asked if
any Councilmembers had toured the school and offered to tour it with them and discuss
his proposition. He reminded Council that the historic preservation tax credits would are
available to any entity who wants to keep this a public place.
Mayor Jay gaveled Mr. Fiorino and thanked him for bringing this to Council's attention.
Mr. Fiorino pled with Council to table this resolution until they've read the other proposal.
Sharon Rogers (Arvada) said she's seen old school houses in Denver converted to lofts
and wonders how those were accomplished. Is there a default back to the county?
Tom Abbott (WR) thinks this is an interesting and expensive project. The fact that
you 're considering this redevelopment at all shows an evolution has occurred in WR.
This project is a mix of urban renewal, economic development, historic preservation and
affordable quality housing. Converting schools to housing is common. Tax credits are a
new addition. He made note this type of transaction is very complicated and HEI knows
what they're doing. He hopes for a supermajority vote make this happen.
Motion by Councilmember Wooden to approve Resolution No. 15-2016, a resolution
supporting redevelopment of the Fruitdale School through a public-private partnership
proposed by Hartman Ely Investments; seconded by Councilmember Hoppe;
Councilmembers Fitzgerald, Mathews, Urban, and Wooden offered brief comments.
Motion carried 7-1 . with Councilmember Mathews voting no.
6. Motion to waive the Attorney-Client Privilege as to the direction given to the City
Attorney at the January 25th Executive Session
This item was placed on the agenda by Councilmembers Duran and Mathews to allow for
a public vote to be taken on the direction given to the City Attorney in response to the
Quadrant lawsuit filed against the City of Wheat Ridge.
Councilmember Duran introduced Resolution No. 15-2016.
Councilmember Duran proposed to read her memo explaining why this was added to the
agenda. Mayor Jay said Council would have to approve that. Mr. Dahl offered that the
City Council Minutes February 8, 2016 Page 8
Mayor could ask if there were any objections. There were none. Councilmember Duran
read her remarks about transparency into the record. [Attached]
Staff report
Mr. Dahl gave information about attorney-client privilege provided by statutory and
common law. Having given Council his advice in executive session, he plans to file the
City's answer on Wednesday. On the table is the question to waive that privilege as to
the direction he was given, which Council can do.
Councilmember Fitzgerald asked if Councilwoman Duran's letter violated the
confidentiality of the executive session. Mr. Dahl said no, it's just supportive of the
placing of this item on the agenda.
Prolonged discussion followed during which Mr. Dahl suggested:
• Not trying to quote from or repeat the discussion in the executive session
• Council members can say their opinions, but they should put it in present day
terms. They can express what their vote is, not why; they should not ask what his
legal advice was.
• Other parties can intervene after the City replies to the suit.
• When there is ongoing litigation Council can be less forthcoming so as not to
reveal strategy.
Public comment
Marianne Stork (WR) just wants to know if the response from the City to the Quadrant
lawsuit will be representative of what the electorate wanted. She isn't interested in
knowing details about what went on in the executive session, but from what she has
read, executive sessions are only for discussion, not making decisions. It sounds like
some decisions were made in executive session.
Tom Slattery (WR) wants to know if Council intends to defend the Charter, or not. Has
the City Attorney been directed to defend it by all means, or not? The public has a right
to know.
Michael lllo (WR) referenced the lack of transparency and the tug of war that has taken
place with constituents on development issues. Regarding 300, citizens are
understandably skeptical of whether Council is willing to move in the direction of the
outcome of the vote. Details of the executive session aren't necessary, but not allowing
citizens to know what direction the City and individual councilmembers are taking seems
extreme. Citizens have the right to know if they are being accurately represented and he
encouraged councilmembers to put their personal feelings aside. This law suit affects us
all. Council may be the client, but citizens feel like they are the client too because they
supported this. It was all done in a transparent way; we didn't try to hide anything form
the developer. We would like that transparency in return, and would like to know our
Council and Attorney are representing us in good faith.
Davis Reinhart (WR) finds it inconceivable that any organization facing litigation would
put its deliberations out in public. The citizens' right to know can be resolved after it's
City Council Minutes February 8, 2016 Page 9
complete. He urged Council not to open this up to public debate while litigation is
ongoing.
Carol Mathews 0/VR) stated that voters have voted. A strong majority supported 300
and we expect our City Council to back our decision. Councilmembers should take the
initiative to let their constituents know if you represent them or not. It's unfair to surprise
citizens on Wednesday, only to find out you are taking a position contrary to what we
voted on. The voters need respect.
Mr. Dahl addressed the concern of "making decisions in executive session". He
explained how executive session privilege is different from attorney-client privilege.
Motion by Councilmember Duran to waive the attorney-client privilege as to the direction
given to the City Attorney at the January 25, 2016 executive session ; seconded by
Councilmember Mathews.
Discussion followed, including but not limited to:
• Concern about setting a precedent about revealing attorney-client privilege
• Revealing how they voted will reveal the City's response prior to it being filed. 9:20
• No knowledge about any executive session would ever have served the public.
Motion by Councilmember Mathews to call the question; seconded by Councilmember
Duran. Following explanation from Mr. Dahl, the motion and second were withdrawn.
• After the answer is filed on Wednesday councilmembers can reveal if they do or
do not support the City's position.
• Mr. Dahl stated that he could file the City's response tomorrow if there is no
change in direction.
The motion failed 2-6, with Councilmembers Wooden, Fitzgerald, Davis, Pond, Hoppe
and Urban voting no.
Councilmember Duran inquired of Mr. Dahl if she could make motions to direct the City
Attorney to defend Count 1 and Count 2 of the lawsuit. He advised that Council has the
right to change their mind.
More discussion followed.
Motion by Councilmember Duran to direct the City Attorney to defend County One of the
Quadrant lawsuit-the Administrative/Legislative Claim. The motion died for lack of a
second.
Motion by Councilmember Duran to direct the City Attorney to defend Count Two of the
Quadrant lawsuit-the Constitutional Claim; second by Councilmember Urban.
Discussion followed.
City Council Minutes February 8, 2016 Page 10
Motion by Councilmember Hoppe to table the pending motion [to defend Count Two]
until the February 22 Council meeting; seconded by Councilmember Fitzgerald; carried 6-
2, with Councilmember Urban and Duran voting no.
Mr. Goff informed Council that since the power outage earlier in the meeting the City has
been operating on back-up power. He advised that Xcel was on site and working on the
situation, but he wasn't sure how long the back-up power would last. He offered to
reschedule the discussion items to future dates if that was Council's preference.
Motion by Councilmember Davis to table the discussion items to a future study session
as soon as possible; seconded by Councilmember Urban; carried 8-0.
DISCUSSION ITEMS (tabled)
1 . Website Redesign Presentation
2. Discussion concerning Freestanding Emergency Rooms
3. Discussion of amendment to Ordinance for Pawn Shops and Secondhand Dealers
4. Review of Council Rules of Order and Procedure
CITY MANAGER•s MATTERS
Mr. Goff reminded the public of the second Cre8 Your 38 meeting this Thursday evening
at the Rec Center from 6-8pm. The meeting will be held in the gymnasium this time.
Childcare will be provided and a shuttle will be available from across the street.
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
Janeece Hoppe announced she would be at a New Partners conference in Portland from
Wednesday through Saturday.
Zach Urban expressed a desire to discuss snow removal. Mr. Goff said that is on an
upcoming agenda. -Mr. Urban also would like to hear from Xcel why there has been
frequent power outages and what is being done to mitigate that. It's of particular concern
for citizens who are on oxygen. Ms. Geyer reported on recent response from Xcel. One
event did involve an animal, but Xcel is aware of frequent intermittent outages --
particularly in District 2. She will follow up with them and have them come in and talk to
Council if that's desired.
George Pond thanked the residents from District 3 who attended the coffee with him and
Mr. Fitzgerald last Saturday.
City Council Minutes February 8, 2016 Page 11
Janelle Shaver noted having attended a conference of the Colorado Association of
Community Corrections Boards last Friday. The entire morning presentation focused on
human trafficking; it was given by a local FBI agent and a former prosecutor from
California. Since this issue has come up in Wheat Ridge she would be glad to discuss it
with any councilmember.
Mr. Urban noted that today happens to be the International Day of Prayer and Awareness
Against Human Trafficking.
Mayor Jay reported that she would also be attending the Smart Growth conference in
Portland, as will Councilmembers Fitzgerald and Wooden.
ADJOURNMENT
The meeting was adjourned at 9:59pm.
APPROVED BY CITY COUNCIL ON February 22, 2016
George Pond, Mayor pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing in
the City Clerk's Office, as well as copies of Ordinances and Resolutions.
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CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
February 22, 2016
Mayor Jay called the Regular City Council Meeting to order at 7 :00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Monica Duran Zachary Urban
Tim Fitzgerald George Pond
Kristi Davis
Genevieve Wooden
Janeece Hoppe
Larry Mathews
Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; Community Development Director, Ken Johnstone: Public Works Director,
Scott Brink; other staff, guests and interested citizens.
APPROVAL OF MEETING MINUTES OF January 25,2016
There being no objection, the Meeting Minutes for January 25, 2016 were approved as
published.
PROCLAMATIONS AND CEREMONIES
STEAM presentation
Mayor Jay read a proclamation honoring the WRHS STEAM team for the sculpture it is
planning to build and install in the community. Members of the STEAM team were
present with a X size model of the sculpture -an aluminum and steel interpretation of a
hand and a tree. In connection of the theme of "Hope" inspired by Freddie Steinmark, the
piece will be located on the Lutheran Medical campus in front of the infusion center. The
hand itself will be 6 feet tall. Student Amy Leasure spoke for the group of student who
were present and pictures were taken. Diane Robb, chair of the WR Cultural
Commission, commended the group and reported that each student on the team will
receive a copy of the proclamation
CITIZENS' RIGHT TO SPEAK
Michael lllo (WR) recalled the WR Listens slogan before last fall's election. Now that the
election's over he doesn't feel the council majority is listening. The city voted against
narrowing 381h Ave, but rather than listen to them you've discredited them, claimed they
didn't understand what they were doing, wasted more time/money achieving not much
and continue to push for a design that people voted against. You say the road width
City Council Minutes February 22, 2016 Page 2
won't change, but the planning sessions clearly push in that direction. Now you refuse to
represent your constituents on measure 300 saying the ballot wording was flawed. The
people feel the flaws are in the Quadrant lawsuit. A citizen majority disagrees with what
the Council majority wants. The Council majority wanted 300 to fail; now you're Jetting
personal preference override your civic duty, kissing up to special interests and exhibiting
a derogatory position towards voters. How ironic this is looking back at WR Listens.
APPROVALOFAGENDA
ORDINANCES ON FIRST READI NG
.L Council Bill 04-2016 -An Ordinance Vacating the western 19 Feet of Marshall
Street, adjacent to 4901 Marshall Street within the City of Wheat Ridge,
County of Jefferson, State of Colorado (Case No. WV-16-01/Marshall Street
Vacation)
This request is occasioned by the application for a Planned Building Group by adjacent
property owners. Staff review has determined this portion of Marshall Street is not
necessary to retain for any future public use as construction of 1-70 and 1-76 has made
any future expansion of Marshall Street unlikely. The staff report and minutes from the
February 18, 2016 Planning Commission public hearing will be included for Council's
review for second reading.
Councilmember Urban introduced Council Bill 04-2016.
Motion by Councilmember Urban to approve Council Bill 04-2016, an ordinance vacating
the western 19 feet of Marshall Street, adjacent to 4901 Marshall Street within the City of
Wheat Ridge, County of Jefferson, State of Colorado on first reading, order it published,
public hearing set for Monday, March 28, 2016 at 7:00pm in City Council Chambers, and
that it take effect 15 days after final publication; seconded by Council member Davis;
carried 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
2. Resolution No. 17-2016 a Resolution approving a Development Agreement for
the Fruitdale School Property
Hartman Ely Investments (HEI) plans to convert the Fruitdale School into about 16
apartments. A public-private partnership is necessary, but staff believes there is broad
and diverse public benefit to be gained. The development agreement with HEI calls for
the City to commit a $1 .9M short-term loan and $470,000 in a grant that would not be
repaid . Additional funds will come from the WR Housing Authority, Jefferson County
(HUD HOME funding), and energy and historic preservation tax credits.
City Council Minutes February 22, 2016
Councilmember Wooden introduced Resolution No. 17-2016.
Staff Report
Mr. Dahl reported that Council has approved the term sheet. This development
agreement, while longer and more complex, is faithful to the term sheet.
Council questions
Page 3
• Councilmember Duran inquired about availability of funds. Mr. Goff indicated the
City Treasurer has set up a separate account for this with monies received for the
Kipling Trail grant. In this account the City will get 1.5% interest.
• Councilmember Fitzgerald had some questions about details in the text of the
agreement.
• Councilmember Mathews expressed concern about how much taxpayer money is
going into this private project.
Motion by Councilmember Wooden to approve Resolution No. 17-2016, a resolution
approving a Development Agreement for the Fruitdale School Property; seconded by
Councilmember Fitzgerald; carried 7-1 , with Councilmember Mathews voting no.
3. Motion to award the 2016 Crack Seal Project to Precise Striping, LLC,
Frederick, Colorado, in the amount of $116,400 with a contingency amount of
$5,820, and authorize the Director of Public Works to issue change orders up
to a total contract and contingency amount of $122,220.
This budgeted project is the first of three preventative maintenance projects for 2016.
The other two projects will be slurry seal and asphalt overlay.
Councilmember Pond introduced Item No.3.
There was no staff report.
Council questions
• Mr. Brink explained that streets are prioritized with the use of a software program
and staff prioritization.
• Dover Street south of 41 st is scheduled for slurry seal this year. Drainage would be
another project.
Motion by Councilmember Pond to award the 2016 Crack Seal Project to Precise
Striping, LLC, Frederick, Colorado, in the amount of $116,400 with a contingency amount
of $5,820 and that the Director of Public Works be authorized to issue change orders up
to a total contract and contingency amount of $122,220; seconded by Councilmember
Mathews; carried 8-0.
4. Motion to approve the Slurry Seal Project Contract Renewal with A-1 Chipseal
Company, Denver, CO in the amount of $114,865 and to approve a
City Council Minutes February 22, 2016 Page4
contingency amount of $5,750 and that the Director of Public Works be
authorized to issue change orders up to a total contract and contingency
amount of $120,615.
This budgeted project is the second preventative maintenance project scheduled for
2016.
Councilmember Hoppe introduced Item No. 4.
There was no staff report.
Council questions
Slurry seal lasts for several years. How much we do in a given year fluctuates up and
down depending on the year and the budget. Slurry seal does have benefit.
Motion by Councilmember Hoppe to approve the Slurry Seal Project contract renewal
with A-1 Chipseal Company, Denver, CO in the amount of $114,865, with a contingency
amount of $5,750 and that the Director of Public Works be authorized to issue change
orders up to a total contract and contingency amount of $120,615; seconded by
Councilmember Duran; carried 8-0.
5. Motion to approve appointments to Boards and Commissions
Mayor Jay introduced Item No.5.
Motion by Councilmember Duran to approve the following appointments in District 1:
• Betty Jo Page to the Board of Adjustment, term ending March 2, 2019
• Robert Alldredge to the Liquor Authority, term ending March 2, 2019
• David Kueter to the Parks & Recreation Commission, term ending March 2, 2019
• Alan Bucknam to the Planning Commission, term ending March 2, 2019
seconded by Councilmember Hoppe; carried 8-0.
Motion by Councilmember Urban to approve the following appointments in District 2:
• David Kuntz to the Board of Adjustment, term ending March 2, 2019
• Robert Phillips to the Building Code Advisory Board, term ending March 2, 2019
• Scott Ohm to the Planning Commission, term ending March 2, 2019
and to postpone the appointment to the Liquor Authority;
seconded by Councilmember Davis; carried 8-0.
Motion by Councilmember Fitzgerald to approve the following appointments in District 3:
• John Miks to the Liquor Licensing Authority, term ending March 2, 2019
• Emery Dorsey to the Planning Commission, term ending March 2, 2019
• Bobbi Rubingh to the Cultural Commission, terms ending March 2, 2017;
• Jerith Gronski to the Cultural Commission, terms ending March 2, 2018;
seconded by Councilmember Pond; carried 8-0
City Council Minutes February 22, 2016 Page 5
Motion by Councilmember Wooden to approve the following appointments in District 4:
• Claudia Worth to the Liquor Authority, term ending March 2, 2019,
• Janet Leo to the Planning Commission, term ending March 2, 2018;
and to postpone appointment to the Cultural Commission;
seconded by Councilmember Mathews; carried 8-0.
Motion by Mayor Joy to appoint Nicole Kathleen Carter as Jefferson County Library
Liaison; seconded by Councilmember Wooden.
Mr. Dahl advised that a motion to ratify a mayoral appointment should be made by a
councilmember.
Motion by Councilmember Hoppe to ratify the mayoral appointment of Nicole Kathleen
Carter as Jefferson County Library Liaison; seconded by Councilmember Wooden;
carried 8-0.
6. A motion to direct the City Attorney to defend Count 2, the constitutional claim,
in the Quadrant litigation
Councilmember Duran introduced Item 6.
At the February 8, 2016 regular Council meeting Councilmember Duran made a motion,
seconded by Councilmember Urban, to direct the City Attorney to defend Count 2 (the
constitutional claim) in the Quadrant lawsuit. Subsequently, a motion by Councilmember
Hoppe to table the vote on Ms. Duran's motion until February 22 , 2016 passed.
On February 8, 2016 the City Attorney filed the City's answer in the Quadrant litigation.
As directed by City Council in executive session the answer defends Count 1 (the
administrative/legislative claim) and remains neutral on Count 2 (the constitutional claim).
The City is permitted to amend its Answer.
Staff report
Mr. Dahl advised that Councilmember Duran's motion is now off the table and back
before the Council. The motion is pending and debate can resume.
Public comment
Charlie Myers (WR) On behalf of Citizens for an Inclusive Wheat Ridge (CFIWR) Mr.
Myers read a portion of an amendment in its original filing in District 1 Court outlining why
they feel the Quadrant lawsuit is unfounded and incorrect in its entirety. Quadrant claims
ballot question 300 is an ex post facto law and is unconstitutional. CFIWR notes the ex
post facto clause forbids governing bodies from passing retroactive criminal and civil
laws; it does not refer to the electorate. The TIF reform that voters passed does not deny
the development; neither does it criminally punish conduct that was lawful when it was
done.
Maureen Daly (WR), representing CFIWR, read further from the CFIWR filing with a
definition of an ex post facto law. It 1) makes a previously legal conduct criminal, and
City Council Minutes February 22, 2016 Page 6
punishes it, 2) makes a crime greater than it was when it was committed, 3) changes the
punishment and inflicts a greater punishment, or 4) alters the legal rule of evidence and
receives less for different testimony than the law required at the time. All such laws are
unjust and oppressive, but Count 2 of Quadrant's lawsuit is unfounded . The
constitutional clause refers to governmental bodies passing retroactive criminal or civil
laws -not the electorate. The voters of Wheat Ridge have superior rights to amend their
charter as a home rule city. CFIWR asks the Court to rule in favor of the City of Wheat
Ridge and its voters on Counts 1 and 2.
Robert Alldredge (WR) expressed that he doesn't know enough about this issue to
make arguments for or against. He sees three issues: anti-Walmart, Tl F approval over
$2.5M, and the retroactivity. If he had been more involved early on he would have had
yard signs opposing it. He believes it's done citizens a disservice; we're spending
thousands on attorney's fees; and it's created an image in the construction/development
industry that is not what we want.
Vivian Vos (WR) read a letter for/by Mariann Storck. It quoted part of question 300
(passed by the citizens) as it now appears in the Charter, and quoted the ordinance
directing councilmember to take an oath to support the charter and ord inances of the
City. Councilmember aren't monarchs or dictators, but are representatives elected to
serve the will of the people. Those who've chosen to remain neutral on Count 2 of
Quadrant's lawsuit have decided their oath of office is irrelevant. She asked Council to
affirm their oath by directing the City Attorney to defend Count 2. She noted there are
precedential cases in Jefferson County to support a position of retroactivity. -Ms. Vos
noted she agreed with the statement and asked what a "neutral action" consists of and
how it speaks to this situation.
Discussion followed.
• Councilmember Mathews stressed that Council has been losing credibility; Council
should listen to and represent the will of the people and support the Charter.
• Councilmember Duran referenced the Community Exchange group and feels
Council should listen to and support the voters.
• Councilmember Davis noted Council had to factor in information presented to
them as part of the attorney-client relationship. She said a judge will decide.
• Councilmember Fitzgerald believes this is the sixth time Council has discussed
this. It's a done deal -Council has already given direction to the attorney. It
makes no sense to change our stance. He doesn't understand why we're going
through this again. He feels Count 2 is unconstitutional and his first oath is to
support the Constitution of the United States.
• Councilmember Urban expressed that he feels it would be better to present the
best defense we can, knowing a judge will make the decision.
• Councilmember Mathews would like to see what comes out in discovery. Ballot
question 300 came to the Council before it made the agreement to sign the
contract [with Quadrant]. There was advanced notice this was coming; signs were
all over. Quadrant knew they were taking a risk. We need to defend this fully.
• Councilmember Duran reminded councilmembers their oath includes upholding
our Charter and ordinances. Citizens drove this initiative because they felt they
City Council Minutes February 22, 2016 Page 7
weren't being listened to by the Council. We should let citizens know we have
their back. A judge will decide, and we'll live with that, but regardless of what
was said in executive session the right thing to do is to defend our citizens.
• Councilmember Wooden asked for a general description of what a neutral stance
is. Mr. Dahl explained that per Council's direction the answer he filed states that
the City takes no position as to whether Question 300 is unconstitutionally
retrospective.
• Mayor Jay expressed anger that Council is being pressured into decisions based
on political assertions that we aren't listening, that we're not paying attention. This
Council has worked very hard at these decisions. They don't want to oppose it;
they want to remain neutral. It may or may not be right, but this is the kind of
dissention that continues with our City, and when kept at the top keeps it up below.
The divisiveness that this type of action continually causes is not good for our City,
is not good for the developers who'd like to work with us. She'd like Council to
vote and then let it go. To keep beating up on each other is, to her, really unkind.
There being no further discussion a vote was taken on Councilmember Duran's motion
from February 8, 2016 to direct the City Attorney to defend Count 2, the constitutional
claim in the Quadrant litigation.
The motion failed 3-5, with Councilmembers Wooden, Fitzgerald, Davis, Pond, and
Hoppe voting no.
DISCUSSION ITEMS
1. Self-Storage Developments -Ken Johnstone
With one application in progress and two applications pending, staff would like to know if
Council is interested in implementing any policies regarding self-storage units.
The following issues were presented:
• Two story un its are usually climate controlled and are used for storage of records.
• Single story units tend to be for personal items.
• The use presents low impact for traffic, no crime trends, and no high demand on
City services.
• The City could have attractive standards (e.g. brick vs metal)
• Proliferation: Market demand can be addressed by limiting the number.
• They do tend to locate in lower cost real estate areas such as industrial, however
we've wanted to encourage employment based development in those areas. (The
TOO site could be a concern.)
• Other jurisdictions regulate this land use.
• Options include
o Restricting zoning
o Creating an approval process
o Ramping up architectural and landscaping requirements
City Council Minutes February 22 , 2016 Page 8
o Regulations on operational issues such as hours of operation and out of
state management
What is Council's threshold of concern?
Discussion followed. We have two self-storage facilities now. There was general support
for architectural standards, operational guidelines and a reasonable limit on the number
of such facilities in the City.
Councilmember Davis received consensus to direct Mr. Johnstone to pursue regulatory
guidelines.
2. Snow Removal Policy -Scott Brink
The current policy is that adjacent properties are responsible for removing snow from
sidewalks. We don't have it in our code so people don't get tickets. Mr. Brink highlighted
the issues of enforcement, high traffic areas, businesses. contract services and the
possibility of special service districts.
Discussion followed.
• Mixed support on the Council for an ordinance
• An ordinance should be for businesses and res idences too
• Commercial corridors should be addressed first
• Reach out to businesses and residential areas
• Work with business owners on a volunteer basis
• Some residential properties have special circumstances. (e.g on an arterial street,
but don't face that street)
• Sometimes people shovel and the City plow redeposits snow on the walk
• Council should see an accompanying budget for anything proposed to be enacted
• We should help each other; give warnings, not fines
• Concern expressed for senior population who may not be able to comply
• Bus stops are a concern
• Most complaint calls are concerning businesses and rentals
• Suggestion to have an award for businesses that do a good job in snow removal
• Encourage volunteerism; have a way to report problems (a hotline)
• Give 24 hours to shovel. but don't give citations
Staff will bring something back to the Council.
3. Kipling Village Proposed Streetscape Improvements -Scott Brink
The owners of Kipling Village Apartments (4665, 4635, and 4551 Kipling) have come in
with a landscaping plan to improve their parking lot along Kipling. They'd like to remove
the City-installed brick wall with wheat panels, which do need some maintenance. The
City Council Minutes February 22, 2016 Page 9
sidewalk and street lights would not be impacted. The cost would be borne by the
property owner.
Discussion followed.
There was no objection to the removal of the wall. There was support for reuse (here or
elsewhere in the City) of the wheat panels.
CITY MANAGER'S MATTERS
Mr. Goff mentioned the new City website is up and running. Citizens are encouraged to
check it out and offer comments. There's a link and a phone number. We want to make
it as user-friendly as possible.
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
Janelle Shaver commented that many of the issues Council addresses have been
discussed at length by previous councils. She offered examples.
Monica Duran thanked the citizens who come in on Monday nights, and email or call to
share their thoughts and concerns and offer input. We need and appreciate it; don't stop.
Janeece Hoppe enjoyed the smart growth conference; she has ideas to share.
Kristi Davis thanked the councilmembers who went to the smart growth conference. -
She congratulated the students from the STEAM program who came in to show their
sculpture. -She will be sending out a postcard with details about meeting with her. -
With the difficult decisions today she wants folks to know the door is always open for
people to reach out to her with questions and she'll answer them to the best of her ability.
Tim Fitzgerald said the smart growth conference was very meaningful and he feels
overwhelmed with good ideas.
Larry Mathews announced a get-together for District 4 folks and anyone who'd like to
come this Saturday at 9am at City Hall. Councilmember Wooden and he will be there
Genevieve Wooden announced that STEM/STEAM gala event tickets are available
online on the Wheat Ridge High School's website. The event will include a silent auction
and specialty cars.
Mayor Jay noted attending the smart growth conference -her third time to attend. She
especially appreciated the information on climate change; we have a lot of works to do.
She excited about possible advances for our City-new ways of doing things that are
both ecologically viable and attractive.
City Council Minutes February 22, 2016 Page 10
ADJOURNMENT
The meeting was adjourned at 9:17pm.
APPROVED BY CITY COUNCIL ON March 14, 2016
George Pond, Mayor pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing in
the City Clerk's Office, as well as copies of Ordinances and Resolutions.
~ ~ '., .. , .-City of _ :rwneatR.i9ge
ITEM NO: f.
DATE: March 14, 2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 03-2016 -AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT 3865
KIPLING STREET FROM RESIDENTIAL-ONE (R-1) TO
MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-15-
12/EQUINOX)
[8] PUBLIC HEARING
0 BIDS/MOTIONS
0 RESOLUTIONS
ISSUE:
0 ORDINANCES FOR 15TREADING (02/08/2016)
[8) ORDfNANCES FOR 2ND READING (03/14/2016)
[8] YES 0 NO
The applicant is requesting approval of a zone change from Residential-One (R-1) to Mixed Use-
Commercial (MU-C) for property located at 3865 Kipling Street.
The proposed rezoning area includes two parcels which comprise approximately 2.2 acres. The
purpose of the rezoning is to increase the range of pennitted uses and to simpli fy the review and
approval for future development on the property.
This is the ftrst step of the process for development of the site with MU-C zoning. l fthe zone
change is approved, future redevelopment of the site would be reviewed administratively through
a site plan review process to confinn compliance with all zoning code and architectural and site
design standards.
PRIOR ACTION:
This case was heard by Planning Commission on January 21 , 2016 and a recommended for
approval. The staff report and meeting minutes from the Planning Commission public hearing are
attached.
Council Action Form -Zoning Change for 3865 Kipling Street
March 14,2016
Page2
FINANCJAL IMPACT:
The proposed zone change is not expected to have a direct financial impact on the City. Fees in
the amount of $1 ,894 were collected for the review and processing of Case No. WZ-15-12. If the
proposed rezoning is approved, there could be an advancement of the City's goals for the
redevelopment ofunderutilized properties, investment in the Kipling corridor and increased
development potential for the property.
BACKGROUND:
Subject Property
The site is located at the northwest comer of38111 Avenue and Kipling Street. 3865 Kipling Street
is zoned Residential-One (R-l) and has frontages on both Kipling Street and 38'11 Avenue. This
irregularly shaped lot measures 99,361 square feet (2.28 acres) and has two vacant structures on
the northern pottion of the site. The parcel at the hard corner of 38'h and Kipling is excluded from
the zone change request; this property is under separate ownership and contains a fueling station
and convenience store.
The R-1 zone district was established to provide high quality, safe, quiet and stable low-density
residential neighborhoods. The onJy uses allowed on this property under the current zoning are
single family residential and public uses (parks, schools, etc.).
Surrounding Land Uses
The properties that surround the subject site include a variety of commercial land uses and zoning
designations. To the west is a dental office built in the mid-2000's with PCD zoning. Across 83th
Avenue to the south is the recently-developed Kipling Ridge shopping center which includes
Sprouts, Starbucks and Morningstar assisted living, and has C-1 zonjng. Properties across Kipling
include a gas station, auto repajr and a retail center zoned C-1. To the north is the City ofWheat
Ridge Recreation Center whjch is zoned C-1 and R-1. Separating the subject site fi·om the
recreation center is Lena Gulch and the recreation center drive (West 391h Place).
Current and Proposed Zoning
The applicant is requesti ng the property be rezoned to Mixed Use -Commercial (MU-C). This
zone di strict is generally located along major commercial corridors and at community and
employment activity centers and is established to encourage medium to high-density mixed use
development. In addition to residential and civic uses, it allows for a wide range of commercial
and retai I uses.
The application has been through the standard referral process with no concerns raised by any
outside agencies or City departments. A separate referral process will be required as part of future
site redevelopment.
The applicant has no specific development scenario at this time.
RECOm1ENDATIONS:
Staff recommends approval of Council BilJ No. 03-2016 on second reading.
Council Action Form -Zoning Change for 3865 Kipling Street
March 14,2016
Page 3
RECOMMENDED MOTION:
"I move to approve Council Bill No. 03-2016. an ordinance approving the rezoning of property
located at 3865 Kipling Street (Case No. WZ-15-12) from Residential-One (R-1) to Mixed Use-
Commercial (MU-C), on second reading and that it take effect 15 days after fmal publication for
the fo llowing reasons:
Or,
I . City Counci l has conducted a proper public hearing that meets all publi.c notice
requirements as required by Section 26-1 09 of the Code of Laws.
2. The requested rezoning has been reviewed by the Planning Commission, which has
forwarded its recommendation of approval.
3. The requested rezoning has been fou nd to comply with the "criteria for review" in
Section 26-112-E of the Code of Laws."
"I move to deny Council BiJl No. 03-2016. an ordinance approving the rezoning of property
located at 3865 Kipling Street (Case No. WZ-15-12) from Residential-One (R-1) to Mixed Use-
Commercia] (MU-C), on second reading for the following reasons:
1.
2.
3."
REPORT PREPARED/REVIEWED BY:
Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 03-2016
2. Planning Cotmllission staff report with attachments
3. Planning Commission minutes
TITLE:
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER POND
COUNCIL BILL NO. 03
ORDINANCE NO. ___ _
Series of 2016
AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 3865 KIPLING STREET FROM RESIDENTIAL-ONE (R-1)
TO MIXED USE-COMMERCIAL (MU-C} (CASE NO. WZ-15-
12/EQUINOX}
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City's review and approval of requests for land use cases; and,
WHEREAS, Equinox Properties, LLC has submitted a land use application for
approval of a zone change to Mixed Use-Commercial zone district for property located
at 3865 Kipling Street; and,
WHEREAS, the subject property has long been underutilized , and the Mixed Use
-Commercial zone district will accommodate redevelopment of the site; and,
WHEREAS, the proposed zone change is supported by the City's
Comprehensive Plan-Envision Wheat Ridge and the zone change criteria specified in
Section 26-112.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Equinox Properties, LLC for approval of a zone
change ordinance from Residential-One (R-1) to Mixed Use-Commercial (MU-C) for
property located at 3865 Kipling Street, and pursuant to the findings made based on
testimony and evidence presented at a public hearing before the Wheat Ridge City
Council, a zone change is approved for the following described land:
Parcel 1:
That part of the El/2El/2SEoSEo of Section 21, Township 3 South, Range
69 West, Described as follows: Beginning at the Southeast corner of said
Section; running thence North along East line of said Section 762 feet to a
point; running thence in Southwesterly direction in a straight line to a
point on West line of said E1/2El/2SEoSEo of said Section, which point is
600 feet North of South line of said Section; running thence along West
line of said El/2El/2SEoSEo to South line of said Section; running thence
East along South line of said Section to place of beginning;
Attachment 1
Except that portion deeded to Standard Oil Company, a corporation
organized under the laws of Indiana, recorded in Book 1026, Page 160, of
the records of Jefferson County,
and Except that portion deeded to The American Oil Company, a
corporation duly organized under the laws of the State of Maryland,
recorded in Book 2024, Page 347,
and Except right of way for West 38th Avenue, and right of way for Kipling
Str eet which have previously been granted to the County of Jefferson,
State of Colorado,
and Except that portion conveyed to the City of Wheat Ridge by Quit Claim
Deed recorded March 29, 1989 at Reception No. 89026317,
and except those portions conveyed to the City of Wheat Ridge by
Warranty Deeds recorded July 23, 1999 at Reception Nos . F0913893 and
F0913895.
County of Jefferson, State of Colorado.
Parcel 2:
A tract of land lying in the S.E. o of Section 21, Township 3 South, Range
69 West of the 6th Principal Meridian, City of Wheat Ridge, County of
Jefferson, State of Colorado, described as:
Commencing at the Southeast corner of the West 1/2 of the East 1/2 of
the Southeast o of the Southeast o of said Section 21;
Thence Northerly along the East line of the said West 1/2 a distance of 30
feet to the True Point of Beginning; Said point lying on the North Right of
Way line of West 38th Avenue; Thence Northerly along the East line of the
said West 1/2 a distance of 296.4 feet; Thence on a deflection left 99°30',
a distance of 20.28 feet, to a point which lies 20 feet West of the East line
of the said West 1/2; Thence Southerly parallel to the said East line of the
West 1/2 a distance of 293.0 feet more or less to a point on the Northerly
Right of Way line of West 38th Avenue; Thence Easterly a distance of 20
feet along the said Northerly Right of Way line of West 38th Avenue to the
True Point of Beginning.
County of Jefferson, State of Colorado.
Section 2. Vested Property Rights. Approval of this zone change does not create a
vested property right. Vested property rights may only arise and accrue pursuant to
the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the
public and that this ordinance is necessary for the preservation of health and safety and
for the protection of public convenience and welfare. The City Council further
determines that the ordinance bears a rational relation to the proper legislative objective
sought to be attained.
Section 4. Severability; Conflicting Ordinance Repealed . If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 8th day of February, 2016, ordered it published with Public Hearing and
consideration on final passage set for Monday, March 14, 2016 at 7:00 o'clock p.m.,
in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it
takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and fina l reading by
a vote of to , this 14th day of March, 2016.
SIGNED by the Mayor on this ___ day of ______ , 2016.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
151 publication: February 11 , 2016
2"d publication:
Wheat Ridge Transcript:
Effective Date:
Approved as to Form:
Gerald Dahl, City Attorney
~"4~
.. i .,. City of • ~Wheat&_dge ~OMMUNJlY DEVElOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission
DATE OF MEETING:
CASE NO. & NAME:
ACTION REQUESTED:
LOCATION OF REQUEST:
PROPERTY OWNER:
APPROXIMATE AREA:
PRESENT ZONING:
COMPREBENSlVE PLAN:
ENTER INTO RECORD:
CONWREHENSNE PLAN
ZONING ORDINANCE
CASE MANAGER: M. Reckert
January 2 1, 201 6
WZ-15-12/Eq uinox
Approval of a zone change from Residential-One (R-1) to
Mixed Use-Commercial (MU-C)
3865 Kipling
Equinox Properties, LLC
2.2 acres
Residential-One (R-l)
Mixed Use Commercial; Community Commercial Center;
Primary Commercial Corridor
CASE FILE & PACKET MATERIALS
DIGITAL PRESENTATION
Attachment 2
All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
I. REQUEST
This application is for approval of a zone change from Residential-One (R-1) to Mixed Use -
Commercial (MU-C) for property located at 3865 Kipling Street.
The zone change is the first step of the process for approval for redevelopment of this site under
MU-C zoning. If approved, and prior to any construction, a site development plan review will be
required to con finn compliance with the city zoning code and the Architectural and Site Design
Manual. A subdivision plat will be required as well. These reviews would be administrative with
no additional public hearings required.
The purpose of the rezoning is to modify the list of uses and to simplify the review and approval
for future development on the property. (Exhibit I, A licant Letter)
II. EXISTING CONDIT IONS/PROPERTY HISTORY
Subject Pr operty
The site is located at the northwest corner of 381h A venue and Kipling Street. 3865 Kipling Street
is zoned Residential-One (R-1) and has frontages on both Kipling Street and 3gth Avenue. This
irregularly shaped lot measures 99,361 square feet (2.28 acres) and has two vacant structures on
it on the northern portion of the site. The parcel at the hard comer of 441h and Kipling is
excluded from the zone change request; this property is under separate ownership and contains a
fueling station and convenience store. (Exhibit 2, Aerial Photo)
The R-1 zone district was established to provide high quali ty, safe, quiet and stable low density
residential neighborhoods. The onl y uses allowed on tl'lis property with the current zoning are
single fan1ily residential and public uses (parks, schools, etc.).
Surrounding zoning and land use
The properties that surround the subject site include a variety of land uses and zoning
designations. (Exhibit 3, Zoning Map) To the west is a dental office built in the mid-2000's with
PCD zoning. Abutting the property to the south is the recently-developed Kipling Ridge center
with Sprouts, Starbucks and Morningstar assisted li ving with C-1 zoning. Properties across
Kipling include a gas station, auto repair and a retail center zoned C-1 . To the north is the City
of Wheat Ridge recreation center whjch is zoned C-1 and R-1. Separating the subject site from
the rec center is Lena Gulch and the rec center drive (West 391h Place). (Exhibit 4, Site Photos)
Ill. PROPOSED ZONING
The applicant is requesting the property be rezoned to Mixed Use -Commercial (MU-C). This
zone district is generall y located along major commercial corridors and at community and
employment activi ty centers and is established to encourage medium to high density mixed use
development. ln addition to residential and civic uses, it allows for a wide range of commercial
and retai I uses.
Planning Commission
WZ-15-121Equioox
2
The purpose of the mixed use zoning districts is to create a flexible approach to land uses and to
enhance the character of the City's commercial corridors by promoting development that
accommodates a mix ofland uses, is more urban in character, and is more pedestrian friendly.
The applicant has no specific development scenario at this time.
The following table compares the existing and proposed zoning for the property.
Development R-1 zoning MU-C zoning
Standard
Uses Single family Residential and commercial
residential, uses (office, service and retail,
public uses restaurant) Gas stations and car
repair as conditional uses.
D1ive-tbroughs if the
mandatory separation from
adjacent drive-tbroughs can be
met
Architectural None High quality architecture
Standards required -Mixed Use
development standards related
to articulation, variation,
materials, transparency
Max. Building Height 35' Residential structure -3 5'
Commercial structure -50'
Max. Lot Coverage 25% 80%
Min. Landscaping N/A Mixed use-I 0%
Single use -15%
Min. Front Setback 30' 0 '-20' build-to lines along
public streets
If the rezoning is approved, the applicant would then submit for an administrative plan review
and subdivision application, if required. Both the site plan and subdivision reviews wouJd be
administrative. The design for the property would be held to the standards set forth in the zoning
code and the Architectural and Site Design Manual.
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.0.2. The
Planning Commission shall base its recommendation in consideration of the extent to which the
following criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community
and will not result in a significant adverse effect on the surrounding area.
Planning Commission
WZ-15-12/Equioox
3
The change of zone will not result in adverse effects on the surrounding area. While
rezoning would allow uses beyond single-family residential, any new development will
require site plan review through which traffic impacts, drainage and buffering wm be
analyzed.
The MU-C zoning is expected to add value to the subject property and also to the
surrounding communjty. The mixed use development standards will support compatibility
between future development and existing land uses. The rezoning could result in a revenue
source for the City through the coiJection of sales tax.
The property with proximity to Kipling Street would be undesirable for low density
residential development.
Staff concludes that this criterion has been met.
2. Adequate infrastructure/facilities a re available to serve the typ es of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist
or are under capacity.
All responding agencies have indicated they can serve the property with improvements
installed at the developer's expense. Prior to issuance of a building pem1it~ an administrative
site development plan application will be required and referred to all impacted utility and
service agencies. The property owner/developer will be responsible for utility installation
and/or upgrades.
Staff concludes that this criterion has been met.
3. The Planning Commission sbaU also fmd that at least one (l) of the following conditions
exists:
a. T he 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 rela ted policies or plans for the ar ea.
Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies Kipling as a primary
commercial corridor and is high on the City's list of redevelopment priorities. While a
recreation focus is further north centering around the rec center and greenbelt, this portion of
the corridor is appropriate for higher intensity uses with taller buildings and high quality
design.
Planning Commission
WZ-15-12/Equinox
4
Envision Wheat
Ridge Structure Plan
Primary
conune~n:lal
Carridor
Community
Commercial
Center
Mixed-USe
Commercial
Site
The Community Commercial Center designation is an area of focus with the goal of
ensuring that these areas remain economically strong and serve community needs related
to the City's fiscal health and social well-being.
Goals met with the proposal include the redevelopment of and reinvestment in
underutilized commercial areas with long-term infill with denser, high quality
development.
St~lf concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is in er.ror.
Staff has not found any evidence of an error with th.e current zoning designation as it
appears on the City zoning maps.
Staff concludes that this criterion is not applicable.
Planning Commission
WZ-15-12fEquinox
5
c. A change of character in the area has occurred or is occurring to such a degree that
it is in the public interest to encourage redevelopment of the area or to recognize the
changing character of the area.
Commercial development along the Kipli ng Street corridor continues to intensify with
new redevelopment of and reinvestment in tired, outdated structures and sites. A prime
example of this is the Kipling Ridge commercial center. The area is undergoing change
and this rezoning application provides further opportunity for new development. TI1c
redevelopment of this parcel could act as a catalyst for additional redevelopment and
property investment in the area.
Kipling is a state highway, is classified as a Principal Arterial and carries over 41 ,000
vehicle trips per day. As such, the use of the property as low density residential is not
desi~rab1e.
Staff concludes tlzattlzis criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that
was not anticipated at the time of the adoption of the City of Wheat Ridge
comprehensive plan.
The proposed rezoning does not relate to an unanticipated need. However, the rezoning to
Mixed Use will aid in the progress to develop the property which will then provide
services and goods to residents of Wheat Ridge, patrons of the rec center and commuters
using the Kipling corridor.
Staff concludes that this criterion has been met.
Staff concludes that the criteria used to evaluate zone change support this request.
V. NEIGHBORHOOD MEETING
Prior to submittal of an appli cation for a zone change, the applicant is required to hold a
neighborhood input meeting in accordance with the requirements of section 26-109.
A meeting for neighborhood input was held on December 15, 2015. One person attended the
meeting. Discussion topics are addressed in the neighborhood meeting notes. (Exhibit 5
Neig!lborhood Meeting Notes)
VI. AGENCY REFERRAL
All affected service agencies were contacted for comment on the zone change request and
regarding the ability to serve the property. Specifi c referral responses follow:
Wheat Ridge Fire Protection District: Can serve the property with improvements installed at
the developer's expense to be assessed at the time of site plan review.
Planning Commission
WZ-15-12/Equinox
6
Consolidated .Mutual Water District: Can serve the property.
Westridge Sanitation District: The property is located in the district but is not currently served
by the di strict. Will need additional detail as the project moves forward.
Wheat Ridge Economic Development: The Economic Development division and Urban
Renewal fully supports the rezone application. The zone change does not conflict witl1 the
Kipling Corridor Urban Renewal Plan and therefore meets all the goals and objectives of the
plan.
Wheat Ridge Public Works: A drainage plan and traffic report will be required to be reviewed
as part of the site plan process.
Xcel Energy: No objections.
Comments received relate only to the zone change request. A separate referral process would be
required in the future if the zone change is approved and a site plan is submitted.
VD. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change promotes the health, safety and general welfare of
the commmuty. Staff further concludes that the proposal is consistent with the goals and
objectives of the Comprehensive Plan. Development of the property may serve as a catalyst for
other property redevelopment or improvements in the area.
Because the zone change evaluation criteria support the zone change request staff recommends
approval of Case No. WZ-I 5-I 2.
VUI. SUGGESTED MOTIONS
Option A:
"I move to recommend APPROY AL of Case No. WZ-I 5-12, a request for approval of a zone
change from Residential-One (R-1) to Mixed Use -Commercial (MU-C) for property located at
3865 Kipling Street, for the following reasons:
1. The proposed zone change will promote the public health, safety, and welfare of the
community.
2. The proposed zone change is consistent with the goals and objectives of the City's
Comprehensive Plan.
3. The zone change will prepare the property for redevelopment and may serve as a catalyst
for other property redevelopment or improvements in the area.
4. The criteria used to eval uate a zone change support the request."
Planning Commission
WZ-15-12/Equinox
7
Option 8:
''1 move to recommend DEN IAL of Case No. WZ-15-12, a request for approval of a zone change
from Residential-One (R-1) to Mixed Use -Commercial (MU-C), for property located at 3865
Kipling Street, for the following reasons:
I.
2. "
Planning Commission
WZ-15-12/Equinox
8
Exhibit 1 -Applicant letter
DeM City of 'Wheal Ridge:
Equmox Properties, U.C il proposing a R.ezooing of the 2.2 acre property loated at 386S Kiptmg SCreu. CuDallly
the property tS zoned Re.sidemW-One (R-1 ). aod is occupied by two storage lwns, hoWC"Rr the City ofWbeal
Ridge Comprebens:ive Plan calls foJ Conununity Commercial Center or Mixed Use Commac:W oo the property. In
accordance with the Comp Plm md given its location at a lughly trafficked ~ the propaty's higbrs1 aocl
best use is fOr c.ommcrcW devdopmaJL Equinox Properties. LLC desues to rezone the property to Mixed Use-
Commettial (MU-C). EDd usen are DOt deta:nuoed at this tuDe. To allow flexibility 011 the ~the applic::am is
proposing to rezoae the property &om Recidenriai-One. which allows only Single Family homes. to Miud Use
Commettial. allowing for-a range of commerml and rewl uses
Based on our RSeaJt:h. we~ the pmpos.alto change the z.om.og meets the following. per the airaia oatJioed lD
secbon 26-112 of the Wheat Ridge Muoicipal Code:
1. T'he change of zcae prOD'liOia the beabh. safety and geaenl welfare of the coi141JW1ity aad will DOl resuh m
a ~ adva:se efiEcl on the SUD"otmding area: and
2. Adequase irJastux:tme are 3v.lilable to save the types of uses allowed by the c:bang£ ofz.ooe: aod
3. 1"he change of:z:ooe is io coaformaoce WJth the City ofWbut Ridge e.ompiebenmoe plan goals. abjectins
aod poJjcies.
·~
Erika K. Shortu
R.epresentati'~-e for Equinox PJ:opcn:ies. U.C
c;!Qbnrtn@gmatl com
303-324--9189
Planning Commission
WZ-15-12/Equinox
9
Site
Plam1ing Commission
WZ-15-12/Equinox
Exhibit 2 -Aerial Map
10
Planning Commission
WZ-I 5-I 2/Equinox
Exhibit 3 -Zoning Map
Site
I 1
Exhibit 4 -Site Photos
Looking northwest from 381h A venue to the adjacent dentist office
Planning Commjssion
WZ-15-12/Equinox
12
Looking east towards the adjacent fueling station
Looking east along 38111 A venue -property is to the left side
Planning Commission
WZ-15-1 2/Equinox
13
Planning Commission
WZ-J 5-12/Equinox
Looking west at property from Kipling Street
Looking northwest from Kipling towards the City rec center
14
Planning Commission
WZ-15-12/Equinox
Looking north along Kipling -property is on the left
15
Exhibit 5-Neighborhood Meeting Notes
NEIGHBORHOOD MEETING NOTES
[ ~feetin.1 D-ate: ----·--··l Dectiober 15,2015 · -········ ·--,
1
.
! I j AttendiDis.iiff:---------··-· ... -·----r LiSa RitChie. Piiiiner ir -·----·--·---·· j I ! Zack Wallace, Planning Technician j
1----.• --·-·---+----~ ----. . ···-··--·---_____ j 1 Location of Meeting~ . Wheat Ridge Municipal Building !. l . Second Floor Conference Room
I • ......... i 1 j 7500 W . .L!f-Avenue i I i Wheat Ridge, co 80033 l
lProp-ertY-~·fdditiS: ... ---· --·--l3865 KipliDg Street ·----·----............... -.... ·········--~
I . ! 1·-. .. . -!..... .. ---------·---·-• ~ P roperty Owne.r(s): Franldi.n and Lisa Dconi.ng !
I ~---·· ---·--·-·-· ------~-_____ .. ___ ----·---·-·------1 ! Property Owner(s) Pnsult? No !
L .... -... .. . --· ------·-.. -~---------. . ...... -·--·------···-----·-------··--····-··----~ ! Applicant ! Equinox Propmies, LLC :
!: • ; ! : j-A'i!PiiGaal tm!ai? -·-------------~-yes, represented by Erila Shorter ...... __ · ~ . .
L-···-_ _ ------i..----····-· ~---. _ i : Existi:o& Zonme-: ---Residential-One (R-1) and Commercial-One (C-1) !
L. __ -· ... -,._____ _ ______ , __ .__ . ---·------.. ·---·-......... -..... ----J I Existio& Comp. Piau: 1 Mixed Use Commercial; Community Commercial Center I
L..... . ... ---·--·-------·....1.... -··---·-.. -...... ·-~------·-·----
Existin& Site Conditions:
The site is located at the northwest comer of38th Avenue and Kipling Street. 3865 Kipling Street is
zoned Residential-One (R-1) and has frontages on both Kipling Street and 38th A venue, but does not
encompass the hard comer At the: hard comer is a. Sbdl/Circle K gas station and convenience store
(3805 Kipling Street). This property is zoned Commercial-One (C-1), and may be pan of the 3865
Kipling Street rezoning and future development, pending an agreement with the property owner.
The Jefferson County accessor nporu 3865 Kipling Street to be a vacant parcel ofland. Though. there
are some seemingly unused structures near Kipling Street between 38th Avmue and West 39th Avenue.
As previously mentioned, a Shdl/Cirde K gas station and convenience store is located a.t 3805 Kipling
Street with eight (8) pumps and a canopy. AU of the pumps and the convenience store are located under
the canopy. A car wash is located in the rear (west end) of the property.
'This irregularly shaped vacant lot measures 99,.361 square feet (2.28 acres) according to the Jefferson
County Accesson office. The ShdlJC'ude K lot measures 33,715 square feet. Together, the lots total
133,076 square feet (3.06 aaes). There are cum:ndy no internal connects or joint accc:ss points to public
streets.
Planning Commission
WZ-15-12/Equinox
16
Applicant/Owner Preliminary Proposal:
The applicant is proposing to rezone the property to Mixed-Use Commercial, and create two new lots
from the existing two lots (configured diff~endy). The site will then be developed in accordance with
the MU -C zone district standards. Th~e have bem. disatSsions with the property owner on the comer
(Shell/Circle K) to include a commercial building to the no~ and a newly constructed canopy and
larger convenience store in the southern portion of the lot. However an agreement has not been reached.
The applicants have already received an access pa:mit from CDOT to construct an access drive from
Kipling Street.
The foBowing is a summary of the aeighhorhood meetiag:
• In addition to the applicant and staff. one members of the public attended the neighborhood meeting:
Greg Moran
• Ms. Shorter briefly explained that at this time there are no final plans or end users for this site, but
rather this is simply a rezoning from a low-density residential (R.-1) property to a Mixed-Use
Commercial property for market pmposes.
• The attendee, Mr. Moran. had no objections, and came because he was curious of what was bre.ing
proposed.
Planning Comm ission
VVZ-15-12fEquinox
17
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
7. PUBLIC HEARING
A. Case WZ-tS-12: an application filed by Equinox Properties for approval of a zone
change from Residential-One (R-1) to Mixed Use Commercial (MU-C) for property
located at 3865 Kipling Street.
Ms. Reckert gave a short presentation regardin& one change process and the
application. She entered into the record the of the case file, packet materials,
the zoning ordinance, and the contents of e'Ciigital p tation. She stated the public
notice and posting requirements have }!let; tberefo Planning Commission
has jurisdiction to hear this case.
The applicant is requesting a zone c~ from R9idential-One -1) to Mixed Use-
Commercial (MU-C) for I?}O,eerty locate<l Jt65"Kipling Street. ZQne change is
the fll'St step of the p~-· approval for opment of this site under MU-C
zoning. The purpose oftbe oq!Da is to modJ lbe list of uses and to simplify the
review and approval for fu dev ton th rty.
Deighborbood g was d on December 15, 2015 with one person in
atte ce and he iupporti ~on the rezoning and reinvestment in the property.
There no conce from service agencies or city departments. Assuming the
process ~ forw then the next step would be a City Council public hearing on
March 14, 20.16, a f,ievelopment plan, possible a plat and then a building pennit.
Ms. Reckert also ted that Kipling is a major highway and the commercial
development along the Kipling Street corridor continues to intensify with new
redevelopment. This rezone is consistent with the Comprehensive Plan and would
provide further opportunity for new development.
Commissioner OHM asked if any portion of the property is in a flood plain.
Ms. Reckert stated it is not although Lena Gulch is adjacent to the property, but was
channelized in the late 80's, early 90's.
Planning Commission Minutes
January 21,2016
Attachment 3
-2 -
'
'
Commissioner OHM inquired with regards to the funny little jog on the north side of
the property, is it a road to connect to 39th Avenue.
Mr. Reckert state that at one time it was considered to be a potential access point to the
property, but it doesn't make sense anymore because the Rec Center is so heavily used.
Commissioner TIMMS asked about there being no scenarios by the applicant at this
time, but at the neighborhood meeting there were two proposals.
Ms. Reckert said that when the notes were taken 1; e Pre-application meeting then
there were a couple of speculative proposals, b ~ is nothing at this time moving
forward .
Commissioner WEAVER asked what
side of Kipling.
be required to build separa
38111 A venue sides.
regarding the scenarios at the
opriate to ask.
AM asked what the mandatory separation requirement for a
zoning.
If the applicant does a true mix ofuses, a residential
and a commerci ~mponent, then they do not have to meet the separation
requirement.
Commissioner BUCKNAM asked if self-service gas stations with kiosks count as a
drive-thru as well as automatic car washes.
Ms. Reckert said yes, they do.
Planning Commission Minutes
January 21,2016
-3 -
Commissioner BUCKNAM also wanted some clarification on the zoning map. There
is an R-1 zoning on the southwest comer, two properties to the west of the subject site
and whether that was a previous case.
Ms. Reckert stated it has been rezoned to MU-N, just not updated on the map.
Commissioner BUCKNAM wanted to know why there is a differentiation ofMU-N on
the property to the southwest and this request for a MU-C.
Ms. Reckert stated it is because of the proximity to
commercial.
sioner OHM and seconded by Commissioner DORSEY
to reeomm "Annt.~wal of Case No. WZ.l 5-12, a request for approval of a zone
change from R-II~P.tiai-One (R-1) to Mixed Use-Commercial (MU-C) for
property locate 3865 KipUng Street, for the following reasons:
l. The proposed zone change will promote the pubHc health, safety, and welfare
of tbe community.
2. The proposed zone change is consistent with the goalJ and objectives of the
City's Comprehensive Plan.
3. The zone change will provide additional opportunity for redevelopment in the
area.
4. The criteria used to evaluate a zone change support the request.
Planning Commission Minutes
January 21 , 2016
-4-
Motion carried 7-0
8. OTHER ITEMS
A. Resolution 01-2016: Establishing a designated public place for the posting of
meeting notices as required by the Colorado Open Meetings Law.
Ms. Reckert said this is a statutory requirement done once a year and the public
posting area is the front lobby of the Municipal Bui · g. The meetings are also
posted on the website and in the Wheat Ridge T 'pt. Nothing bas been changed
on this resolution from the previous year.
It was moved by Commissioner Tan&J•~~
to approve Resolution 01-2016, a r••
place for the posting of meeting lllllla
meetings law.
Motion carried 7-0.
9. ADJO~T
by Commissioner Kimsey
a designated public
Colorado open
It was moved by .. missioner WEAVER and seconded by CommJssioner
DORSEY to adjourn the meeting at 7:31p.m.
Motion carried 7-0.
Alan Bucknam, Chair
Planning Commission Minutes
January 21, 2016
Tammy Odean, Recording ~retary
-5 -
~4~
... "' , ~ City or • JP'Wheat:R!Bge
ITEM NO: :;(.
DATE: March 14,2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE INSTALLATION OF A TRAFFIC
CALMING DEVICE ON JOHNSON STREET BETWEEN 35TH
A VENUE AND 38TH A VENUE IN ACCORDANCE WITH THE
NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
0 PUBLIC HEARING
[8) BIDS/MOTIONS D RESOLUTIONS
QUASI-JUDICIAL:
~ofPu cW
ISSUE:
D ORDINANCES FOR 1ST READlNG
0 ORDINANCES FOR 2ND READING
D YES r
Residents on Johnson Street petitioned the City to address traffic issues for the segment from 35111
Avenue to 38th Avenue. In accordance with the City's Neighborhood Traffic Management
Policy (NTMP), City staff met with the residents at a neighborhood meeting, discussed the issue
and devised a plan to mitigate traffic. ln accordance with NTMP policy, residents secured a
petition with the required number of signatures indicating support for tbe instalJation of the
traffic calming devices (speed humps), and are hereby seeking approval for implementation.
PRIOR ACTION:
None
FINANCIAL IMPACT:
Funding for this program has been approved in the NTMP line item ofthe 2016 Capital
Improvement Program Budget in the amount of $50,000.
BACKGROUND:
On Ap1il 28, 2014, the City Council approved the NTMP to systematically address traffic issues
on residential streets. The goal of the program is to foster safety and livability in neighborhoods
by reducing the negative impact of vehicular traffic on residential streets. The program guide
was established to address concerns and issues such as enforcement, education and engineering.
The intent of the policy is also to clearly identify problems, if they exist, and ensure full support
Council Action Fom1 -Traffic Calming Devices on Johnson Street
March 14, 2016
Page2
from the affected residents in devising a plan to address any problems. The NTMP essentially
provides a means and process for residents to request consideration for the instaiJation of traffic
calming measures on local streets. Traffic calming measures may include speed humps, curb
extensions, signs, speed trail ers, and other traffic control measmes as requested and as
applicable.
On March 18, 2015, Johnson Street residents filed a request to discuss traffic issues on Johnson
from 35th to 38111 A venues. Staff conducted a meeting with the residents to examine the extent of
the problems and to explore available remediation. A traffic study was conducted to analyze
traffic speed, volume and vehicle classification. In addition, the enginee1ing evaluation also
looked at sight distance, drainage and roadway geometry. Staff determined that the street
segment is suitabl e for a traffic calming treatment. Subsequent to the evaluation and findings, the
residents elected to move forward with a permanent traffic calming solution, specifically speed
hump installation. Staff identified two locations where traffic calming devices would be most
effective in curbing the speed of vehicles. This segment of Johnson Street is not a part of an
emergency route and is therefore eligible for traffic calming feature placement should the
residents elect to do so. A petition of majority support was received on January 14,2016.
ln accordance with the NTMP, speed humps can be ordered for installation by the City Council
if at least 80% of residents in a designated street segment area sign the petition, including the
residents who reside immediately adjacent to the speed hump. Based on the results of the
petition received by the City, a sufficient number of signatures have been attained for two speed
humps as referenced above.
RECOMMENDATION:
Residents on Johnson Street have satisfied the process outlined in the NTMP and staff
recommends movi11g forward with installation of speed humps as requested by the residents.
RECOMMENDED MOTION:
"I move to approve installation of a traffic calming device on Johnson Street between 35th
Avenue and 38th Avenue in accordance with the Neighborhood Traffic Management Program."
Or,
"1 move to postpone indefinitely the installation of a traffic calming device on Johnson Street
between 35th A venue and 38th A venue in accordance with the Neighborhood Traffic
Management Program for the following reason(s) ______________ "
REPORT PREPARED/REVlEWEO BY:
Steve Nguyen, Engineering Manager
Scott Brink Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS:
l. Proposed Speed Hwnp Location Map
Attachment 1 -Proposed Speed Hump Location Map
~ '~ ..... "' City of JP'WlieatRi_dge
ITEM NO: _3_.
DATE: March 14,2016
TITLE: MOTION T O AP PROVE APPOINTMENTS TO BOARDS
AND COMMISSIONS
0 PUBLIC HEARING
[gj BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING
D YES [gj NO
At the February 22, 2016 City Cou11cil meeting Council appointed several citizens to the various
Boards and Commissions. However, three seats still require a motion by Council for
appointments. These seats are: District Il for the Liquor Licensing Authority, District IV seat
for the Cultural Commission, and the at-large seat for the Board of Adjustment.
FINANCIAL IMPACT:
None
BACKGR OUND:
Anthony Davia of District II has served on the Liquor Licensing Authority fo r 13 years and has
reapplied for his seat on that Authority. Leonard Ortiz, also of District U has applied for that
same seat. The term for this seat expires on 3/2/2019.
Tracy Langworthy and Suzanne Teale, both of District IV and Luci Kiwamagi of District n
have applied for the vacant District N seat on the Cultural Commission, term to expire 3/2/2017.
Rocco Germano of District II has reapplied for the at-large seat on the Board of Adjustment,
term to expire 3/2/20 19.
Council Action Form -Board and Commission appointments
March 14,2016
Page 2
RECOMMENDATIONS:
Staff does not make recommendati ons for these appointments.
RECOMMENDED MOTION(S):
"I move to appoint __________ to the
__________ Board/Commission: term to expi re ----------
REPORT PREPARED BY:
Kelly Stevens, Deputy City Clerk
Patrick Goff, City Manager
ATTACHMENTS:
I . Applications for applicants:
Anthony Davia
App.lication of Leonard Ortiz
Appli cation ofTracy Langworthy
Application of Suzanne Teale
Application of Luci Ki wamagi
· Application of Rocco Gennano
~ .. f _. .. City of ~WlieatRi_dge
Boar d and Commission Application
APPLICATION FOR APPOINTMENT TO THE:
Liquor L icensing Authority
(Board/Commission/Committee)
DATE: 1/28/2016 DISTRICT: II ·--------
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 1 4
ARE YOU A REGISTERED VOTER?_Y_e_s __ _
WHY ARE YOU SEEKING TmS APPOINTMENT? ______ _
Continue to serve on the Liquor Authority
DO YOU HAVE EXPERIENCE IN TIDS AREA? _______ _
Yes
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMISSIONICOMMJTI'EE AND IF SO, WHICH ONE? HOW
LONG?
Liquor Authority
ARE THERE ANY CONFLICTS WHJCH WOULD INTERFERE WITH
REGULAR A ITENDENCE OR DUTIES?_No ________ _
SIGNATURE. ___________ _
PRINT NAME Anthony Davia
ADDREss 8295 W . 38th Avenue, Wheat Ridge
HOME PHONE 303-424-3561
BUSINESSPHONE~n_Ja ________________ __
E-MAIL ADDRESs tdavia55@yahoo.com
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR
City Clerk's Office, 7500 W. 29" Ave., Wheat Ridge CO 80033
Attachment 1
.:x:>::S ...
\ i ~ !;wfi~tRi9ge
Board and Commission Application
APPLICATION FOR APPOINTMENT TO THE:
Liquor Authority
(Board/Commission/Committee)
DATE: 2-2-16 DISTRICT: TWO -------
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 16
ARE YOU A REGISTERED VOTER?_Y_e_s __ _
WHY ARE YOU SEEKING TWS APPOINTMENT? _____ _
To volunteer In my community.
DO YOU BA VE EXPERIENCE IN THIS AREA? ______ _
Yes: Seventeen years In Law Enforoemen1 and slx ynt1 conducting Investigations and hearings.
8A VE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMJSSION/COMMI'JTEE AND IF SO, WHICH ONE? HOW
LONG?
Yes: Civil Service Commission (defunct) 2000 to 2002
ARE THERE ANY CONFUCTS WHIC W ULD INTERFE
REGULAR ATTENDENCE OR D
BUS~SPBONE. _______________________ __
E-MAIL ADDREss len nyortiz@comcast. net
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR
City Clerk's Office, 7500 W. 291' Ave., Wbeat Ridge CO 80033
'Y-t (t +~(\( ncJ c{oc~ fV'(,v...:IA.-hox .... \0( ., I f"'t_. f~+~r
Board and Commission Application
APPLJCA TION FOR APPOINTMENT TO THE: Cu.o -ht~ ~~'?:,~.'tJ-/J
(Board/Commission/Committee)
DATE: ~ l '~ I I \D DJSTRICT:_.:Jc:::::t:::Q==:....__ ___ _
ROW LONG BA VE YOU BEEN A RESIDENT OF WHEAT RIDGE:\ (p
ARE YOU A REGISTERED VOTER? '-( (5 ---------WRY ARE YOU SEEKING TRJS APPOINTMENT? j_ Wp~¢,\ ej
~b ~ OM 'h ~~ \-o ~v-v(. /::!:4. C8tn ~ \4 "'--~
'i\.._ C..., C. e-p ..._ L. L~ ~"""" {J :\i ~A~ -. ~ ~ •
DO YOU BA VE EXPERIENCE IN THIS AREA? ______ _
C< A, ~ cAtw..~ ~w.a ~ ~---o~~ eo\~~ \J-1,_..~ ~-., ~ ~ HAVE YOU EVER sERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMJSSION/COMMJTI'EE AND IF SO, WHICH ONE? BOW
LONG?
Cv \ \>...-...Q ~......., S c. .Tv\ a .--.1 C.. f.; Lai.(.@..Q
ARE THERE ANY CONFLICTS WBJCH WOULD INTERFERE WITH
REGULAR A 'ITENDENCE OR DUTIES? ~ -----------------
P~NAME __ ~~~~~~~~~--~----------
ADDRESS \ e9 '\'$. L->'"{ 4-~ vf.
HOME PHONE ~ 1'2.-U 3~'{ 0 3~ '8
BUSINESS PHONE 3 D ~-CO 1 d.. -q ~~c{ £.>c.l-f vS
E-MAIL ADDRESS ±a..cj. I""'& '1 Q ~ . C&4
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR
City Clerk's Office, 7500 W.19til Ave., Wheat Ridge CO 80033
~ 4 ( #wfi~~tRLclge
Board and Commission Application
APPLICATION FOR APPOINTMENT TO THE:
Wheat Ridge Cultural Commission g ---------------------------------------------N (Board/Commission/Committee) w
DATE:02-15-16 DISTRICT: 4 > ----------------
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 25 yrs. ~
ARE YOU A REGISTERED VOTER? yes ------
WHY ARE YOU SEEKING TIDS APPOINTMENT? _________ _
I have a background In the art a.nd design field that I think may hetp me as a oommiUee member.
DO YOU HAVE EXPERIENCE IN THIS AREA? _______ _
I pattiQpMed on the garden tour ClOI1'IfiWtee tor 3 yeart WOftdng with MJiy ~ and wa • Minteer 1a1t ..mmer
for .,_ Artist Studio ewnt
HAVE YOU EVER SERVED, OR ARE YOU.CURRENTLY ON A
BOARD/COMMlSSION/COMMITIEE AND IF SO, WWCB ONE? HOW
LONG?
I was on the planning committee for LocalwOO<s (former1y Wheat Ridge 2020) for 5 years.
ARE THERE ANY CONFLICTS WBICB WOULD INTERFERE WITH
REGULAR A TTENDENCE OR DUTIES? em.geneytt~p~totolc*cant, woritAIIIUddMdllnes.
SIGNATURE. ___________ ----'
PRINT NAME Suzanne Teale
ADDRESS __ 4_0_7_9_F_ie_l_d_D_r_. ---------
BOMEPHONE303-9400678
BUSINESS PHONE 720-9403502
E-MAIL ADDREss stealela@aol.com
APPLlCA TION WaL BE KEPT ON FILE FOR ONE YEAR
City Clerk's Office, 7500 W. 29c); Ave., Wheat Ridge CO 80033
I
.... ~... City of
?WheatN_dge
Board and Commission Application t,
---f '\ f(i: ,,, .. ,
APPLICATION FOR APPOINTMENT TO THE:
Cultural Commission
(Board/Commission/Committee)
DATE: 2/3/16 DISTRICT: II ----------------
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 1
0+ yra.
ARE YOU A REGISTERED VOTER? yeS ---------
WHY ARE YOU SEEKING THIS APPOINTMENT? __________ _
I am Interested In lnaeaslng the presence of and appreciation for the arts In Wheat Ridge. The
arts help bring people together and foster meaningful connections amongst lndivtduals of an ages. -
DO YOU BA VE EXPERIENCE IN THIS AREA?_________ 1
Yea. 1 have a Bllc:helo(a degree In an hlstoty and a Maslel"aln art lhenlpy. Mud\ of my life has been apent r:
ttudylng the ways In wt*h ert helps people find meaning and enhences their well being.
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A s:
BOARD/COMMISSION/COMMITTEE AND IF SO, WBJCB ONE? HOW _.
LONG?
Not In Wheat Ridge. I have served on two commissions at the stale level, and several
edviSOtY committees In the Jeffco School District.
ARE THERE ANY CONFLlCfS WHJCB WOULD INTERFERE WITH
REGULAR A TfENDENCE OR DUTIES? No, that that I can foresee.
SIGNATURE ~b
PRINT NAME Lucie Kiwi magi
ADDREss 4001 Benton Street
HOMEPBONE 303-916-5357
BUSINESS PHONE N/A ·------------------
E-MAIL ADDREss kiwimagi@msn.com
APPLICATION WILL BE KE~ ON FILE FOR ONE YEAR
City Clerk's Office, 7500 W.29rAve., Wheat RJdge CO 80033
i ' I .. .. City of ;P' WlieatRi9ge
Board and Commission Application
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW
LONG?
t%1'4/!6tl/C f /ll&ttN4reC
HOMEPHONE.~~~~~~~~~t)-~--~---------
BUSINESS PHONE 3 " 0 5 '-/ b
E-MAIL ADDREss fP c./\ Ge~JJ Oe2j)Mtti /.co M
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR
City Clerk's Office, 7500 W.l9'' Ave., Wbeat Ridge CO 80033