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HomeMy WebLinkAbout06/16/2016I City of WheatRdge PLANNING COMMISSION AGENDA June 16, 2016 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on June 16, 2016 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. *Agenda packets and minutes are available online at http://www.ci.wheatridge.co.us/95/Planning-Commission 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES — June 2,2016 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARING A. Case No. WZ-1603: an application filed by HRE Development, for approval of a zone change from Residential -One (R-1) to Mixed Use -Commercial Transit Oriented Development (MU -C TOD) and Mixed Use -Neighborhood (MU -N). B. Case No. WZ-1604: an application filed by Sit Means Sit Denver Dog Training, for approval of a zone change from Commercial -One (C-1) to Industrial -Employment U - U. C. Case No. ZOA-16-01: an ordinance amending sections 11-218, 11-293,11-401, 11- 404, 11-415, 26-204, 26-640 of the Wheat Ridge Code ofLaws to adopt regulations governing medical marijuana testing facilities. 8. OTHER ITEMS 9. ADJOURNMENT Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Whew Ridge. Call Maureen Harper, Public Information Officer W 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. I City Of ]�9rWheatRoge PLANNING COMMISSION Minutes of Meeting June 2, 2016 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29a Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Dirk Boden Emery Dorsey Donna Kimsey Janet Leo Scott Ohm Steve Timms Alan Buckram Amanda Weaver Lisa Ritchie, Planner II Tammy Odean, Recording Secretary 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner KIMSEY to approve the order of the agenda. Motion carried 6-0. 5. APPROVAL OF MINUTES — May 19, 2016 It was moved by Commissioner KIMSEY and seconded by Commissioner DORSEY to approve the minutes of April 21, 2016, as written. Motion carried 4-0-2 with Commissioners BODEN and LEO abstaining. 6. PUBLIC FORUM (TMs is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes - 1 — June 2, 2016 No one wished to speak at this time. PUBLIC HEARING 8. OTHER ITEMS A. Commercial Mobile Radio Service (CMRS) Discussion Ms. Ritchie gave a brief explanation about the CMRS regulations explaining they have been in place since 1996. Three types of CMRS facilities are regulated in the City of Wheat Ridge: freestanding, roof mounted and building mounted. New regulations went into effect in April of 2015. Local governments are now required to approve all applications requesting modifications to an existing facility that does not substantially change the facility and it must be approved within 60 days. This process has been simplified and the City will be expanding the standards in the code. These will include colocation requirements, Federal requirements, safety standards and residential areas. There will also be more development standards for the three types of CMRS facilities. Also, a new category will be added called ground mounted accessory equipment. This category will follow accessory use standards, can't be higher than 12 feet, and must be screened and architecturally compatible. Commissioner Kimsey asked about the screening height limit. Ms. Ritchie stated it will be the 12 feet as well. Commissioner BODEN asked how many freestanding towers are in the City presently. Ms. Ritchie stated there is no solid inventory, but maybe a dozen or so. The city will regulate the distance between colocation sites and have the owners try to ork together. Commissioner TIMMS inquired about freestanding towers in Mixed Use - Neighborhood zone districts and are there a lot of inquiries. Ms. Ritchie replied they likely would only be allowed in Commercial or Mixed Use -Commercial zone districts and there are a lot of colocation inquiries. Staff will make sure the freestanding towers are not in Residential or Agricultural zone districts. Commissioner TIMMS asked if the city has the opportunity to make it more stealth. Ms. Ritchie said yes, but it won't be required. Planning Commission Minutes -2— June 2— June 2, 2016 Commissioner OHM added he does not like the freestanding towers that look like trees, but like the ones on church steeples that blend in. Ms. Ritchie said staff is close to getting a CMRS ordinance together to present this summer. B. Self -Storage Discussion Ms. Ritchie gave a brief explanation about Self -Storage Units and why City Council wants staff to have a discussion with Planning Commission. Presently there are two self -storage locations in the city and there have been three applications reviewed by Planning Commission in the last few months, showing the market feels there is a sufficient need. City Council would like to know what an appropriate amount of self -storage in Wheat Ridge could be and should improved architectural standards be considered. Also, City Council landed on three areas of interest for modifications to the zoning regulation: buffer distance, removal from Commercial -Two and considering higher quality in architectural standards. These three items may limit future applications and ensure that those who apply will have a higher quality project. Regarding City Council's thoughts on a buffer zone, they felt comfortable with '/z mile from one self -storage to another. Staff would be fine removing self -storage from the Commercial -Two zone district because there is limited opportunity for development in that zone. Staff also believes architectural standards need to be increased to retail and commercial standards for interior unit access facilities. In looking at architectural standards staff is also recommending that the ASDM be updated to include roof form requirements, applicability of heavy commercial/light industrial standards and improved guidelines for overhead roll -up doors. Commissioner BODEN stated it is hard to compare national averages of self - storage units because the City of Wheat Ridge is small and the self -storage units are probably not an economic driver for the city. He also recommends tightening of the ASDM standards. Commissioner TIMMS believes self -storage units are cash -cows for the developers and industrial land is a premium, is concerned with the amount of land that is limited here in the city and thinks we should be more restrictive rather than less. He agrees with changing the architecture in the ASDM and with regards to the buffer there might be more that can be located in the middle of the city, but maybe not near a transit location. Overall fewer is better. Commissioner KIMSEY added the fewer the better for self -storage units in the city. Commissioner DORSEY stated that once a self -storage unit is built on a property it is there for years to come, so maybe they should be banned from ever being built in the City of Wheat Ridge. Planning Commission Minutes -3— June 3— June 2, 2016 Commissioner Leo would like to look at the land and put something there that could benefit the City because self -storage units do not. Commissioner OHM is looking forward about 20-30 years. He stated that if we increase density in the City then storage units are going to be needed and if we raise the architectural bar then the units will sustain and look good in the future. He does not mind them being near transit locations if there is retail mixed in with the building on the main floor. Commissioner TIMMS suggested allowing the indoor climate control storage units as opposed to the old school outdoor units. He believes fagade is extremely important. Commissioner Dorsey also suggested eliminating sin�te story self -storage and building up and indoors. Id 1 Ms. Ritchie mentioned this issue will require a zoning ordinance amendment to restrict self -storage so the Commission will have additional time to give more feedback. 9. ADJOURNMENT It was moved by Commissioner DORSEY and seconded by Commissioner KIMSEY to adjourn the meeting at 7:59 p.m. Motion carried 6-0. Scott Ohm, Chair Tammy Odean, Recording Secretary Planning Commission Minutes -4— June 4— June 2, 2016 TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE City of WheatRji e COMMUNITY DEVELOPMENT CASE MANAGER: M. Reckert June 16, 2016 WZ-16-03/11ance Ranch Approval of a zone change from Residential -One (R-1) to Mixed Use -Commercial Transit Oriented Development (MU -C TOD) and Mixed Use -Neighborhood (MU -N) 11818 W. 52nd Avenue Hance Family Trust 7.3 acres Residential -One (R-1) T.O.D. Site, Mixed Use Employment CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION 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 TOD (MU -C TOD) and Mixed Use -Neighborhood (MU -N) for property located at 11818 W. 52nd Avenue. The zone change is the first step of the process for approval for redevelopment of this site under mixed use zoning. If approved, and prior to any construction, a site development plan review will be required to confirm compliance with the city zoning code including the architectural and site design standards embedded in the mixed use zoning regulations. A subdivision plat will be required as well which will require public hearings in front of Planning Commission and City Council. The purpose of the rezoning is to allow for the mix of land uses, densities and urban form as contemplated in the Norwest Sub Area Plan and to simplify the review and approval for future development on the property. (Exhibit 1, Applicant Letter) II. EXISTING CONDITIONS/PROPERTY HISTORY Subject Property The property is located at the southwest corner of 52 n Avenue and Tabor Street. It extends south to Ridge Road, and west to Taft Court which was recently completed. The site is currently home to Hance Ranch, which includes a house, several accessory structures, and several farm -related structures. According to the Jefferson County Assessor, the house, with basement, is approximately 1,894 square feet, and was constructed in 1935. The property was subdivided in 1953 into 25 parcels pursuant to Hance's Subdivision. The parcel layout and size of the subdivision resembles a typical single-family housing neighborhood. However, the entire site has remained as an agricultural use and was never developed. (Exhibit 2, Aerial Photo) The southwest corner of the property is opposite the RTD Ward Road Station, the Gold Line commuter rail line's end of line station, which is located at the southwest corner of Taft Court and Ridge Road. The Gold Line is slated to open in October 2016. (Exhibit 3, Station rendering) The area is already seeing a large amount of public improvement investment, including but not limited to the realignment of Tabor Street, a traffic signal at Tabor Street and Ridge Road, the construction of Taft Court between 50th Place (soon to be renamed Ridge Road), and 52nd Avenue, and the construction of the commuter rail station and other infrastructure related to the commuter rail line. (Exhibit 4, Site photos) The R-1 zone district was established to provide high quality, safe, quiet and stable low density residential neighborhoods. The only uses allowed on this property with the current zoning are single family residential and public uses (parks, schools, etc.). Planning Commission It is the intent of this application to prepare the property for development of a mix of residential uses including townhomes and market rate multi -family housing. Surrounding zoning and land use The properties that surround the subject site include a variety of land uses and zoning designations. (Exhibit 5, Zoning Map) To the west is an RV storage lot and the parking lot for the commuter rail station, both with Industrial/Employment zoning. To the south is right of way for the Tabor/Ridge Road intersection and the rail line tracks. Abutting the property to the east across Tabor is a low density residential neighborhood zoned R-2 which has a mix of single and two-family dwellings. Across W. 52nd Avenue to the north is a low density residential neighborhood within unincorporated Jefferson County. III. PROPOSED ZONING The applicant is requesting a zone change from R-1 to MU -C TOD and MU -N. The MU -C TOD is intended for areas generally within '/z mile of light rail stations. It permits a wide range of uses to allow densities that support transit ridership and is intended to enhance connections to transit. The MU -C TOD zone district permits a wide range of land uses, including commercial and residential, and encourages quality, higher density, mixed use development. The northern portion of the site is intended to be Mixed Use -Neighborhood (MU -N), a zone district that is generally located along neighborhood main streets and at neighborhood commercial centers. The zone district is established to encourage medium density mixed use development in which residential uses are permitted, in addition to a limited range of neighborhood -serving commercial and retail uses. The location of the division line between the two zone districts is at the location where W. 51" Avenue would be extended from the west. (Exhibit 6, Proposed Site boundary exhibit). The intent of this division is that the northern portion of the site be a less intensive zone district due to proximity of the low density residential neighborhoods to the north across 52nd Avenue and to the east across Tabor. The MU -N zoning will provide a land use transition and buffering for the adjacent residential neighborhoods. The zoning on the south portion of the property will have the higher intensity zoning closer to the station. In addition the Tabor Street right-of-way shifts to the west, creating a larger separation from the existing residences to the east. The following table compares the two zone categories being requested for the property. Planning Commission Development parameter MU -C TOD MU -N Building height 6 stories (90') for a single use 35 feet if building has any 8 stories (118') for mixed use residential use 50 feet for all other uses Setbacks/landscape buffers Front build -to 0'- 20' build -to area 0 — 12'build-to area Minimum side 5' 5' Minimum rear 1 — 2 story building = 10' 0' Min. side and rear adj. to 3 story building = 15' 1-2 story = 10 feet residential 4 story or higher = 20' 3 story = 15 feet Required open space Mixed use = 10% or Mixed use = 10% or Single use = 15% Single use = 15% Architectural standards Fagade articulation, Material Fagade articulation, Material variation, Transparency variation, Transparency requirements, Build -to lines requirements, Build -to lines If the rezoning is approved, the applicant would then submit for administrative concept and site plan reviews and a subdivision plat which will be reviewed at a public hearing. Both the concept and site plans would 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. The subdivision plat will require public hearings in front of Planning Commission and City Council. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.D.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. 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 will be analyzed. The mixed use zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility between future development and existing land uses. The change in zoning considers both the existing low density development to the north and east, as well as the zoning for mixed-use transit oriented development and higher densities closer to the Ward Road Station. Planning Commission Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property with improvements installed at the developer's expense. Prior to issuance of a building permit, administrative concept and site development plan applications 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 shall also find that at least one 1 of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The following documents and policies are to be used for guides when considering zone changes relative to the subject site. NEIGHBORHOOD REVITALIZATION STRATEGY — adopted 2005 Identified strategies for the city to become a "community of choice" Goal for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading housing stock, increasing the variety of housing stock available, developing employment areas and targeting underutilized commercial properties for redevelopment. I-70/KIPLING CORRIDOR URBAN RENEWAL PLAN - adopted July 2009 In August of 2009, a new urban renewal plan area was adopted by City Council. The urban renewal plan area includes properties along the I-70 corridor extending north to the northern city limit line, including this parcel. A blight study was conducted with the conclusion that the following items are present in the study area: slum/deteriorated structures, predominance of defective or inadequate street layout, faulty lot layout, deterioration of site or other improvements, inadequate public improvements or utilities. Urban renewal powers include creation of special districts to make public infrastructure improvements, establishment of sales tax increment areas and acquisition of property including the use of powers of eminent domain. The plan establishes objectives with respect to appropriate land uses, public and private investments in concert with the goals and objectives of the Comprehensive Plan. Planning Commission This property is designated "employment", adjacent to "employment/TOD mixed use" on the urban renewal concept plan. In 2009, a ballot initiative was approved by voters in a City election for removal of the charter height and density restrictions for most of the urban renewal areas in the city. COMPREHENSIVE PLAN: Envision Wheat Ridge — adopted October 2009 The property is shown as being a mixed-use employment center close to the City's TOD site (see figure below). The intent of the employment/commercial center is to revitalize underutilized areas in the city with proximity to the city's TOD site. The following are attributes of this designation: • Should have a mix of uses centered around the commuter rail station • Uses should include commercial and retail services and multi -family housing • Pedestrianfriendlysetting • Can be a higher intensity than areas to the east and south of I-70 • Should be designed with landscaping, high quality urban design and architecture, and incorporate green space N { �i•f iJL 1W Planning Commission S" Envision Wheat Ridge Structure Plan NORTHWEST SUBAREA PLAN — adopted 2006 — updated 2013 • The Northwest Subarea Plan also indicates an area of residential transition along Tabor Street, where the property abuts existing low-density residential development. • Encourages a grid of north -south and east -west internal streets with pedestrian amenities Residential Transition �' aJ ono 1. A r A Mixed Use TOD e.._._....... _..... ;___...___ ri ar r -,n U:=: 50TH PL PalerAial Futuro Peck im 49TH Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. 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. The northwestern portion of the city is being established as a transit -oriented redevelopment that will coincide with the completion of the new commuter railway station near the intersection of Tabor and Ridge Road (W. 50'' Place). This station will be Planning Commission 7 the end -of -line station for the RTD Gold Line. The former Jolly Rancher site on the western side of the commuter rail parking lot was rezoned to MUC-TOD previously in 2012. The Wheat Ridge station is located north of the existing freight tracks and east of Ward Road on the south side of 50'' Place across the street from the subject property and is currently under construction. Improvements associated with the station include a train platform, station with amenities and parking. Parking and bus drop-off will be just north of the station platform. The improvements are expected to be completed this fall. Underutilized land, an inadequate street network system and blight in this general area led the City Council and Renewal Wheat Ridge to adopt both the Northwest Area Subarea Plan and the I-70/Kipling Urban Renewal Plan. All guiding documents specify that this property is appropriate for mixed use transit -oriented development, the creation of an employment center and housing supporting the TOD use. Staff concludes that this 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 area around the light rail station into a mid -density, pedestrian friendly residential development. 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 application 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 February 9, 2016. Roughly thirty attendees were at the meeting. Discussion topics are addressed in the neighborhood meeting notes. (Exhibit 7 Neighborhood Meeting Notes and sign- up sheets). VI. AGENCY REFERRAL All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Planning Commission Arvada Fire Protection District: Upon further development, additional looped water lines and fire hydrants may be needed. Will review at the time of concept plan application for fire access, water supplies and hydrant locations. Colorado Department of Transportation: CDOT will assess the conditions of Ward Road upon submittal of a concept plan for redevelopment. Jefferson County Planning: Supports a higher density on the site. Supports full public improvements on 52°d. Would like to review the final drainage report. Valley Water District: Can serve the property. Will address water availability and specific improvements upon submittal of a concept redevelopment proposal. Xcel Energy: Has no objections to the zone change. Will assess service at time of site plan application. Wheat Ridge Public Works: Will assess traffic and drainage upon submittal of a concept development plan. Wheat Ridge Police: No concerns with crime or traffic. Renewal Wheat Ridge: Proposal is consistent with the urban renewal plan. Comments received relate only to the zone change request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the property is currently underutilized. Staff further concludes that there are changing conditions in the area which will dramatically impact the development viability of the property and the area. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan and other guiding documents including the Northwest Sub Area plan. The request for MU -N on the northern portion of the site provides the residential transition recommended in the plan. Because the zone change evaluation criteria support the request, Staff recommends approval of Case No. WZ-16-03. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-16-03, a request for approval of a zone change from Residential -One (R-1) to Mixed Use — Commercial TOD (MU -C TOD) and Mixed Use -Neighborhood (MU -N) for property located at 11818 W. 52°d Avenue for the following reasons: Planning Commission 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 and other guiding documents, including the Northwest Subarea Plan. 3. The criteria used to evaluate a zone change support the request." Option B: "I move to recommend DENIAL of Case No. WZ-16-03, a request for approval of a zone change from Residential -One (R-1) to Mixed Use — Commercial TOD (MU -C TOD) and Mixed Use -Neighborhood (MU -N) for property located at 11818 W. 52°d Avenue for the following reasons: 1. 2." Planning Commission 10 Exhibit 1— Applicant letter Planning Commission 11 " Wh6atFtj Application for Zone Change to MU -C TOD & MU -N Hance Ranch Property Location: South of West 52n° Avenue East of Taft Court West of Tabor Street North of Ridge Road Applicant: HIRE Development, LLC 1515 Arapahoe St, Suite 1200 Denver, Colorado 80202 nn wb'ffl :M.m, m, 2016 Re cad Apl n,, 2016 Pn Id M"1],2016 Planning Commission 12 ,.., W�tRI;e,Wm, rttlrls-Ila W v ... i n 39.174n5ra1 -� �,o..ri15211a IFBASELINE Planning Co=saoo gassers Wpmbn A deal We enema ills morins appluum for the pmoem noun as menu glaw 11 seven If I oevNop wUCaMmame Samfly Treat ihepmpeigm boomed WWeal sl'e Avenue on the mnh, Out (Quit on the west, pedoNl Trawf NllM gnnR Wil TIINIure sods, goad onw la ad Lbr9rtet on the east. The pm ll Is to 11,191 the mat from gesumhlOne M 1) m IM Meed Use Conwi l Took OwItind Cercbpment (MVL TOO) and MAed use maghbapod IMWp dfetnus. Th dory wool WOW future hveloprem alR appwxmabry ]. 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SURFACE PARKING LOT 10 AREAFQRPQCSMLE$TATIQN 5. GREEN I "INDSCAPEDAREJA EXPANSION IN 2030 Morning CorI on 22 r Exhibit 4 — Site Photos W Planning Commission Looking north on Taft Court — subject property on the right Looking southeast towards rail station improvements 23 Looking west along 52nd Avenue Looking south from 52nd at front of house Planning Commission 24 Looking south along Tabor — property is to the right Looking west from Tabor at property Planning Commission 25 Looking southwest toward Tabor/Ridge intersection Planning Commission 26 Exhibit 5 — Zoning Map Planning Commission 27 Exhibit 6 - Zoning Exhibit PROPOSED ZONE DISTRICT BOUNDARIES HANCE RANCH ' .zn, Planning Commission 28 �lu­ ^ PROPOSED ZONE DISTRICT BOUNDARIES HANCE RANCH ' .zn, Planning Commission 28 Exhibit 6 — Neighborhood meeting notes ". City of 'Wheat�dge COMMUNITY DEVELOPMENT I;aa %ihyoe Plarme,H Zack Wallace, Plamwg TecMoan Patrick Hemy ApptiuntPmmt�e Ya EvatiagCouR Phe: :TOMM, M¢etlr,, Embedment Ezutiug Site C,,&d a: IDepmpem'ie loeatetlavhe eomhneetmmcof 52rttlAvmceaMT b,,Str tlt nmd, aouthto Ritlge Read ,daenm Taft Comt(awmtlywtls,,mtmfimtby%ID) Th, and curcerm, home to jhocca Ranch¢hiehmtlrttles a home andrecetal faanrela&tl structure. Acmtdiug to Oe Jefferson Cown'Axeeema Oe home,ma, basemeu4u appmweately1894 ,quare feet. antl¢'aamnmmbdm 1935. Re,om,,mi atethepmperyma suddmdedm 1953 mto25 pa,cele¢iOa art a,dOplanedndt-of stay for Taft Street Mepatallacout and ,, ofthe aubtlititionrevemble, atvpicalvnpJe familyhouaing migpboP000d Hommee Neenroe ate ha,remamed a, an closed famantlmaanece, developed IDeaouNareatmmemfNepmpettyi, oppotiteNe%TD WaN%aad Staten Oe Goldline cntl4ne'.eno rotor statom, icho located atthewuNareat comer of Taft Com[ antlRitlge%oad The Gold Jane, goedto openm ORobe,2016. a area,, abeatly,eemga large amount ofpuddmpmcemertgmtlud,,gbutmtlonired to Oe reaGgunent of Tabor Steel, ahalf, rcmat Tabor Streetmdl idaRoa date onm mon of Taff (b abm,,m 50NAaa(,00 tobereuamed%dge%o,d), d52MA,enm antlOecomWctionafth, ,o=utcntl,tatronandol ,m&,stru erel,tedto tecomm ,,afl ne. Planning CGmmisaon 29 .4ppliey,d,, p,...t,, arvermp..ai: Cover, altar fim dt, isrth res are Meang ofNe Redprelyvvlaa Pot,p,,n ureaeted plandtat mtl,Wea amA,edUe north rest The),,ntd eell,pmentpmp o TOD) estetla re,,=g to Commemal-IIms[Ois[etlDectlopmmt(MLLLmg mr,pe* U,,-Neigfinentm ,amD t).a yapm ntmdt, Ne ,, foepeepaeivgNepmperty foetlectlopmev[m[o amWti-faeNyapaNrev[antl[owNnerememavity. .4Xendanu from Weneighbo,h,,d: Appmxvnately 30 re,dents and prop rose orates &,m Ne veigpb,flM,d MdedNemeeM& zeattaAed gaupMeets . The fol,a is ry ofWe neighbo,h,,dmutingg: • Sta ff explametlNetihmn&t,m,z,=g m Ne neigfrboAo o d Ne a dop&tl subarea plan, and Ne rea von for Ne rezone request. • n IDe appGnt explamed Ne decelopnmt ,net a= o fmud, -family re,dental d,elopmm[ Me attendees are mfonned o fNsu e pro,, for a ron agto Mmm ued Use Coerml- • TOD antlMuetlUse-Neigfrbo,nood The fallawrvgurs,,, ,,m a,ossed ragard'wg We appliutian: How m a n., emit, a re w,mm? . 2nm vpplvv2aIIdl determmug ti er vinmMvofp opomimM R,,IjlWybn dmmmmmdarmmnmld",M fp,d p,,,avamrg... ,,, vsmnvvu.tk,,, n fear ,Fug Fnpmhdg,drolmgenndupmpnrm,mquom„wna. rnesvutnmrnwJwdl la namaatn>r pnmwna, nnduenvumnnnxwdlla zree2snrymw,✓mw� h Weapv,btth �gto...debWkplmecegwrcmem69 • N,avt themhed ummde hes requnementsj ,butlamg stepbm'%anuppvJlvarstnvt v,e,elvledlo vdjvmN ums vndavll@,gnelgAfs. Whatis We p"l b gcegwrcmmtP • a maedummdmnvsv,esldenavlpvr%,gregtlrerent lnvtprovt�svmtummuJl spvmpe, unit, vndv malmum vJ] 5porwl. the vpPll,vN is uarm1�I51ug pm'u pe, and Mllaep,v,lded RTatwJl Weatreet urtimmlmmkW¢mm52rm.4vmme,iabo, Street amdpossiblYSl" 4vu m lAe vPPltrvN wdlberegvredty tnprove the std,, vdJv�'eN lv lnurP'uP+rNJurSg°m • AvevMSvbarStreetwdna&m'kdslaewtlbvMvmeMysvms, vlv�wdnnmm.wra magwtmr. • IAeProper(y is mavmNrm'1. flmwug Cmom"", Witt 51^ Avenue be showed to auris Wmd Road? • Yu, redhowevertheoovevedoWmer,t lme remainder f5l^Avmme will mt xcw smel Um oLwrPrcPerMs P. WA Shu Phu and Ridge Road conned? • Yu,aMSd^Place will be rermmedRNge Rand What are the open space requirements? • A single sse devdspen Chas a l5%opera SP arequvemerrt Is the plus for the park gone? • Thvvmtdetermvwd Yet WA the RTD buses use Taft Coud? • Yes How tall can the buMags be? • Asmgke edevebpmeat mn MC-TODdumthasaheightlimaof6storiesar9e Jest Cmthe radms [or nom tion beekmdedT The rmimeshr nan,(neamn are del d u, ue Cade. Noorittcocou gondcou was rerdved regzrdmg the meeting Manning Commission 31 I� Planning Co=saov R 0 0 M � m «am z, QC3 m . O' O A 0 N m C 3=: a Qw m c 3 0 2 sm 0m 0 0 o' O N 000 000 m y 0 1 C3 CO ° 3 nZm � O° z T P N Plar ,gCmmisaov 100 W J T N A 40) W i w N O fp I 9 Plar ,gCmm,,,,, m J A N A W N N N + O fp UI Y I Plar ,gCmmissov O J�� 1 'I Plar ,gCmmissov Planning Commission 36 City of Wheat,Rj ge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: L. Ritchie DATE OF MEETING: June 16, 2016 CASE NO. & NAME: WZ-16-04 ACTION REQUESTED: Approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) LOCATION OF REQUEST: 4949 Marshall Street PROPERTY OWNER: Lloyd Kiper APPLICANT: Sit Means Sit Denver Dog Training APPROXIMATE AREA: 0.67 acres PRESENT ZONING: Commercial -One (C-1) COMPREHENSIVE PLAN: Employment ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. VICINITY MAP I. REQUEST This application is for approval of a zone change from Commercial -One to Industrial - Employment for property located at 4949 Marshall Street. The zone change is the first step of the process for approval for redevelopment of this site under I -E zoning. The purpose of the request is to allow the use of the facility as a dog training and dog boarding facility, which also requires a Special Use Permit (SUP). The processing of the SUP would occur following approval of the zone change request. (Exhibit 1, Applicant Letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The property is located on Marshall Street between 49th Avenue and Clear Creek. It was subdivided in the late 1800s as part of the Berkeley Heights 2nd Filing Subdivision. The surrounding zoning is largely Industrial -Employment (I -E), Planned Industrial Development (PID) and Commercial -One (C-1). There are some smaller areas of Planned Commercial Development (PCD), Commercial -Two (C-2) and Residential -Two (R-2) nearby as well. The R- 2 zone district adjacent to the property is not used residentially, but rather it is occupied by Creekside Park, managed by the Wheat Ridge Parks and Recreation Department. The subject property is located in close proximity to Clear Creek and is partially encumbered with 100 -year floodplain. According to the Jefferson County Assessor, the property is two parcels and 29,159 square feet (approx. 0.669 acres) in size. The property is occupied by a 7,200 square foot office warehouse structure constructed in 1983, which was utilized for an auto repair shop until the end of March 2016. A special use permit was approved in the early 1980's allowing heavy automotive and body and paint work on the property. (Exhibit 2, Zoning Map; Exhibit 3, Aerial Photo; Exhibit 4, Site Photos) III. PROPOSED ZONING The applicant has the property under contract, and is proposing to operate a dog training facility out of the existing structure on the property. The applicant will likely fence in two separate areas for various dog training purposes, while respecting the access easement on the north side of the property which allows access to the property to the rear as well as the Xcel tower. The proposed business model for this training facility includes group classes, one-on-one meetings, and a boarding and training program. At this time, no redevelopment of the site is proposed, but this applicant or a future owner could redevelop under the Industrial -Employment uses and standards if the zone change is approved. Public Works has identified this property frontage as an opportunity to apply funds to construct public improvements, including curb, gutter and sidewalk. The property owner would be responsible for maintaining any new landscaping that is installed. The following table compares the existing and proposed zoning for the property: Planning Commission WZ-16-04/Sit Means Sit Denver Dog Training Development Standard Commercial -One (C-1) Industrial -Employment (I -E) Commercial uses, including Commercial and light industrial Uses office, service and retail. No light -industrial uses As determined by the As determined by the Architectural Standards Architectural and Site Design Architectural and Site Design Manual (ASDM) Manual (ASDM) Max. Building Height 50'-0" 50'-0" Max. Lot Coverage 80% 85% Min. Landscaping 20% 15% Setbacks Front 50' 10' Rear setback 10', plus 5' per story 10', plus 5' per story Side setbacks 5' per story, except zero may 5' per story, except zero may be be permitted where masonry or permitted where masonry or nonflammable materials are nonflammable materials are used. used. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in 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. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The development standards in the two zone districts are similar, and the past use of the property has been more consistent with I -E zoning through the prior approved Special Use Permit. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property. Prior to any redevelopment, a site plan review application will be required. This application will include Planning Commission WZ-16-04/Sit Means Sit Denver Dog Training a referral to all impacted utility agencies. In the event that the current utility capacity is not adequate, the property owner/developer will be responsible for utility upgrades. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one 1 of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this area as an Employment zone, which is a designation intended to support existing industrial uses and encourage efficient redevelopment. Goals met with the proposal include the diversification of local employment and the maintenance of a resilient tax base. Staff concludes that this criterion has been met. Planning Commission WZ-16-04/Sit Means Sit Denver Dog Training b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. 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. In 2015, the property to the immediate south was rezoned to the I -E zone district, and in 2016 a Planned Building Group was approved for its redevelopment into a self -storage facility. This application responds to the changing character of the area. Staff concludes that this 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. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on April 27, 2016. One neighboring property owner attended and the proposed zone change was discussed and use was discussed. No concerns were expressed during the meeting. (Exhibit 5, Neighborhood Meeting Notes) VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Economic Development: Supports the request. West Metro Fire Protection District: No concerns at this time. Planning Commission WZ-16-04/Sit Means Sit Denver Dog Training Wheat Ridge Water District: No comments. Wheat Ridge Public Works: No concerns with the zone change. Public Works may install public improvements along the property frontage. Wheat Ridge Sanitation District: No concerns with the zone change. Xcel Energy: Notes that an existing transmission line is accessed via this property. Comments received relate only to the zone change request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan. The zone change responds to redevelopment in the area. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-16-04. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-16-04, a request for approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) for property located at 4949 Marshall Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The zone change will provide additional opportunity for redevelopment in the area. 4. The criteria used to evaluate a zone change support the request." Option B: "I move to recommend DENIAL of Case No. WZ-16-04, a request for approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) for property located at 4949 Marshall Street, for the following reasons: 1. Planning Commission WZ-16-04/Sit Means Sit Denver Dog Training Exhibit 1— Applicant letter 4949 Marshall Street, Wheat Ridge, CO 80033 History Sit Means Sit Denver has been training dogs along the Front Range for over 13 years. In 2009 I bought the business I had been working in for 6 years. Originally, the business model was mobile, training and visiting people at home. In 2008 we began operating out of a veterinary hospital where we have run, incident free, since that time. We have grown to a point where we need our own space and flexibility for training; last year we trained over 500 dogs. We're in the business of creating happy, obedient and reliable dogs even around severe distractions! Property This property has a roughly 7200 square foot steel, insulated building, and enough outdoor property to allow for training, exercising and caring for the dogs both inside and out of the building. The property is, and would remain, fenced, has ample parking and a small area to allow the dogs to eliminate. There is an easement to allow access to the neighboring property to the west, as well as allowing utility access to the electrical tower beyond this plot. Buildine The footprint of the building will remain the same. The exterior would be simple cosmetic upgrades to the finishes, signage, windows, lighting and parking lot clean up. There would also be repairs and reinforcement of fencing and gate access. The majority of the interior, perhaps two thirds, is wide open. The front third includes offices, restrooms, break, utility and storage rooms as well as a mezzanine level office that overlooks with main open `training' area in the second third of the building. The second third is what we would use as the main training area. In this space we would conduct private and group lessons with enough space to work with more than one client simultaneously. There is also a full size garage door to gain access to the north side, outdoor, fenced area in good weather. The rear third of the building is separated by one complete interior wall between it and the main training area, with a full size garage door between the rooms. There's another full size garage door granting access to the outdoor area to the north. This space is ideal as a kennel area for the boarding dogs and for training those dogs separate from client lessons. Additionally, there is a separate rear door on the west wall that would allow access to the small exercise / elimination area. Planning Commission 7 WZ-16-04/Sit Means Sit Denver Dog Training The changes to the interior would include cosmetic finishes, plumbing additions and upgrades to allow for clean up and more water access, security and lighting. There could be additional HVAC and office expansions as needed. Operations Our business model offers potential clients the opportunity to visit us on site with their dogs for a free evaluation and consultation. We offer private on site training sessions, in-home private training sessions, and on site group class sessions. We also offer Board and Train packages where we would keep, house on site, and train the dogs within the facility for a recommended time (usually a week). Clients would then follow up with private and group sessions as described. Our staff will include limited office staff, sales trainers, boarding trainers and kennel staff. We currently have four, full-time sales trainers but once we begin boarding dogs, we will need additional full and part-time staff to cover the dogs being with us seven days a week The free consultation is scheduled as an hour meet and greet with a sales trainer and a potential client to establish needs and suggest the best program for success. These consults would be conducted in small conference rooms within the building. Private lessons would be conducted both in and out of the building depending on weather. They are scheduled for an hour, with one trainer per family, using natural distractions and other dogs to improve obedience and focus. Our group classes could range in size from several to as many as twenty-five dogs. We offer these classes a few times a week and it would likely be the only times there would be a spike in entry, parking and exit from the property. Currently in our boarding program, our trainers have been taking boarding dogs home with them, even on their days off. We want to grow that program by housing the dogs at the facility. Our most popular program is a seven-day period where we work very hands on with the dogs to give them a jump start' to their training. Boarding trainers and sales trainers would conduct training without the owners, then follow up lessons with the owners would include private and group classes. The kennel staff will care for the feeding, bedding, cleaning and general needs of the dogs. Equipment could include some agility obstacles, crates, storage, shading structures and other items standard in dog obedience training. Access and Hours Internally, we'll need access to the building and property 24 hours per day. Kennel staff will normally be available to care for the dogs from roughly 7AM to 9PM every day. Planning Commission WZ-16-04/Sit Means Sit Denver Dog Training Office staff will operate Monday through Friday from 9AM to 6PM. Our normal client operating hours will likely be from 11AM to 8PM weekdays, and 9AM to SPM Saturdays. Most clients will be scheduled for one-hour sessions. The number of lessons running concurrently will be limited to the number of trainers available at that time. Planning Commission WZ-16-04/Sit Means Sit Denver Dog Training Exhibit 2 — Zoning Map Planning Commission 10 WZ-16-04/SitMeans Sit Denver Dog Training Exhibit 3 — Aerial Photo Planning Commission 11 WZ-16-04/SitMeans Sit Denver Dog Training Exhibit 4 — Site Photos Planning Commission 12 WZ-16-04/Sit Means Sit Denver Dog Training Exhibit 5 — Neighborhood Meeting Notes NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Applicant Present? Existing Zoning: Existing Comp. Plan: April 27, 2016 Lisa Ritchie, Planner II Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29th Avenue Wheat Ridge, CO 80033 4949 Marshall Street Lloyd Kiper No Anthony Bracciante Yes Commercial -One (C-1) Employment Existing Site Conditions: The property is located on Marshall Street between 49d Avenue and Clear Creek. It was subdivided in the late 1800s as part of the Berkeley Heights 2nd Filing Subdivision. The surrounding zoning is largely Industrial -Employment (I -E), Planned Industrial Development (PID) and Commercial -One (C-1). There are some smaller areas of Planned Commercial Development (PCD), Commercial -Two (C-2) and Residential -Two (R-2) nearby as well. The R- 2 zone district adjacent to the property is not used residentially, but rather it is occupied by Creekside Park, managed by the Wheat Ridge Parks and Recreation Department. The subject property is located in close proximity to Clear Creek and is encumbered with 100 -year floodplain. . According to the Jefferson County Assessor, the property is just shy of 20,000 square feet (approx. 0.458 acres). The property is occupied by a 7,200 square foot office warehouse structure constructed in 1983, which was utilized for an auto repair shop until the end of March 2016. A special use permit was approved in the early 1980's allowing heavy automotive and body and Planning Commission 14 WZ-16-04/Sit Means Sit Denver Dog Training paint work on the property Applicant/Owner Preliminary Proposal: The applicant is proposing to operate a dog training facility out of the existing structure on the property. The applicant will likely fence in two separate areas for various dog training purposes, while respecting the access easement on the north side of the property which allows access to the property to the rear as well as the Xcel tower. The proposed business model for this training facility includes group classes, one-on-one meetings, and a boarding and training program. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, one adjacent property owner attended, Mr. Tom Abbott. • Staff explained the reason for the Zone Change and Special Use Permit, and the process that could be forthcoming for both applications. • Mr. Bracciante explained his intended business operations and how he intends to use the property. • Mr. Bracciante and Mr. Abbott discussed the existing easement on the property and existing fencing. At this time, Mr. Abbott expressed no concerns about the proposal. Planning Commission 15 WZ-16-04/Sit Means Sit Denver Dog Training W l�iae'at I idge PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: June 16, 2016 TITLE: AN ORDINANCE AMENDING SECTIONS 11-218,11-293,11-401,11- 404, 11-4159 26-204 AND 26-640 OF THE WHEAT RIDGE CODE OF LAWS TO ADOPT REGULATIONS GOVERNING MEDICAL MARIJUANA TESTING FACILITIES CASE NO. ZOA-16-01 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Kenneth Johnstone, Community Development Director Date of Preparation: June 9, 2016 SUMMARY: The attached ordinance was prepared by the City Attorney's Office in response to State Senate Bill 15-260, enacted into law on May 29, 2015 (effective July 1, 2016) and State House Bill 16-1064 enacted into law on March 23, 2016. The Senate Bill created a state requirement for the testing of medical marijuana and associated products. The House Bill made provisions allowing local governments to regulate and license said testing facilities. As drafted, the code amendments affect Chapter 11 and Chapter 26 of the municipal code. Because the Zoning and Development Code is proposed to be modified, the Planning Commission has jurisdiction to review the ordinance and provide a recommendation. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: Over the course of the last several years, the City has adopted numerous ordinances providing local licensure and zoning regulations pertaining to both medical and recreational marijuana. Presently, the City allows various types of marijuana related establishments. Current regulations place limits on the maximum number of certain types of said marijuana establishments. The maximum number of retail and/or medical marijuana stores (may include cultivation) is set at five (5). The maximum number of retail and/or medical marijuana product manufacturers (also may include cultivation) is set at three (3). Retail marijuana testing facilities are also permitted and may be located in Commercial -One (C-1) and Industrial -Employment (I -E) zoning districts as a by -right use. No limits are placed on the number of retail marijuana testing facilities and currently there is only one such facility within the City. ZOA-16-01 / Medical Marijuana Testing Facilities STATEMENT OF THE ISSUES: In response to the state legislation referenced above, the draft ordinance proposes to create a licensing requirement for medical marijuana testing facilities similar to all other retail and medical marijuana establishments. As it pertains to Chapter 26 zoning standards, the ordinance proposes to mirror the existing local regulations for retail marijuana testing facilities, allowing them by -right in both C-1 and I -E zoning districts. Until this time, medical marijuana testing facilities have been absent from the municipal code because this type of marijuana -related facility had been created or recognized in state regulations. Up to now, local code has mirrored and followed state regulations and addressed only the specific marijuana -related land use categories established by state statute. As a land use matter, staff generally believes these testing facilities to be similar to any other laboratory type of facility and they will presumably be highly regulated by the State in regards to operations. As a laboratory facility, our belief would be that the facilities generally create high paying jobs and positive commercial real estate investment. As noted above, one retail marijuana testing facility already exists in the City. In keeping with how we regulate other types of marijuana establishments in the City, the draft ordinance would allow (but not require) retail and medical marijuana testing facilities to co -locate in one facility. RECOMMENDED MOTION: Staff recommends that Planning Commission adopt the following motion: "I move to recommend approval of the proposed ordinance amending Chapters 11, and 26 of the Wheat Ridge Code of Laws concerning the regulation of medical marijuana testing facilities." Alternatively, "I move to recommend denial of the proposed ordinance amending Chapters 11, and 26 of the Wheat Ridge Code of Laws concerning the regulation of medical marijuana testing facilities." Exhibits: 1. Proposed ordinance 2. SB 15-260 3. HB 16-1064 ZOA-16-01 / Medical Marijuana Testing Facilities 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. - 2016 Ordinance No. Series 2016 TITLE: AN ORDINANCE AMENDING SECTIONS 11-218, 11-293, 11-401, 11-404, 11-415, 26-204 AND 26-640 OF THE WHEAT RIDGE CODE OF LAWS TO ADOPT REGULATIONS GOVERNING MEDICAL MARIJUANA TESTING FACILITIES WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and the protection of the public health, safety and welfare; and WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12, C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations governing medical marijuana establishments; and WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S., the Council previously adopted local regulations governing retail marijuana establishments; and WHEREAS, prior to July of 2016, state law authorized the licensure and operation of retail marijuana testing facilities, but not of medical marijuana testing facilities; and WHEREAS, through the adoption of Senate Bill 15-260, effective on July 1, 2016, the Colorado Legislature authorized the licensure and operation of medical marijuana testing facilities, including local authority to license and regulate those facilities; and WHEREAS, the City's existing marijuana regulations authorize and address retail marijuana testing facilities but are silent concerning medical marijuana testing facilities; and WHEREAS, the Council finds that the operation of medical marijuana testing facilities could be compatible with other authorized land uses within the City if the facilities are appropriately located, operated and monitored through regulatory oversight; and WHEREAS, the Council further finds that marijuana testing facilities operated in compliance with state laws, rules and regulations have the capacity to promote the public health, safety and welfare by providing objective evaluation of the content and potency of marijuana and marijuana products; and 1 WHEREAS, the Council therefore wishes to authorize the location and operation of medical marijuana testing facilities within the City under the same terms, conditions and regulatory oversight as retail marijuana testing facilities. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-218 of the Wheat Ridge Code of Laws ("Code"), concerning definitions applicable to medical marijuana establishment licensing, is hereby amended by the addition of the following new definition: MEDICAL MARIJUANA TESTING FACILITY SHALL MEAN A PREMISES LICENSED PURSUANT TO THE COLORADO MEDICAL MARIJUANA CODE TO OPERATE A BUSINESS AS DESCRIBED BY C.R.S. § 12-43.3- 405. Section 2. Section 11-218 of the Code is further amended by amending the existing definition of 'medical marijuana establishment' as follows: Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana -infused product manufacturer, A MEDICAL MARIJUANA TESTING FACILITY or an optional premises cultivation operation. Section 3. Section 11-293 of the Code, concerning authorized types of local medical marijuana licenses, is hereby amended as follows: Sec. 11-293. - Types of medical marijuana licenses. The local licensing authority may issue the following three (3) types of medical marijuana licenses: (1) Medical marijuana center license; (2) Medical marijuana -infused products manufacturing license; -ate (3) Optional premises cultivation license..-; AND (4) MEDICAL MARIJUANA TESTING FACILITY LICENSE. Section 4. Section 11-401 of the Code, concerning definitions applicable to retail marijuana establishment licensing, is hereby amended by the addition of the following new definition: MEDICAL MARIJUANA TESTING FACILITYSHALL MEAN A PREMISES LICENSED PURSUANT TO THE COLORADO MEDICAL MARIJUANA CODE TO OPERATE A BUSINESS AS DESCRIBED BY C.R.S. § 12-43.3- 405. 2 Section 5. Section 11-401 of the Code is further amended by amending the existing definition of 'medical marijuana establishment' as follows: Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana -infused product manufacturer, A MEDICAL MARIJUANA TESTING FACILITY or an optional premises cultivation operation. Section 6. Subsection 11-404(d) of the Code, concerning required licenses for marijuana establishments, is hereby amended as follows: (d) No person may operate a business within the city concerning the sale, use, consumption, manufacture, POSSESSION, STORAGE OR TESTING of marijuana unless specifically authorized pursuant to the provisions of this article OR ARTICLE XII OF THIS CHAPTER. Section 7. Section 11-415 of the Code, concerning the collocation of medical and retail marijuana establishments, is hereby amended as follows: Sec. 11-415. - Collocation of operations. A medical marijuana establishment may share its ex4-� licensed premises with a retail marijuana establishment as follows: (a) An optional premises cultivation operation and a retail marijuana cultivation facility may share their licensed premises in order to operate a dual cultivation business operation. (b) A medical marijuana -infused product manufacturer may apply to hold a retail marijuana product manufacturing facility license and operate a dual manufacturing business at a shared licensed premises. (c) A medical marijuana center may hold a retail marijuana store license and operate a dual retail business at a shared licensed premises. (D) A MEDICAL MARIJUANA TESTING FACILITY AND A RETAIL MARIJUANA TESTING FACILITY MAY SHARE A SINGLE LICENSED PREMISES TO OPERATE A DUAL TESTING FACILITY AT THE SAME LOCATION IF THE TWO ARE IDENTICALLY OWNED. Section 8. Section 26-204 of the Code, concerning the zone district use schedule, is hereby amended by amending the "Table of Uses - Commercial and Industrial Uses" by the addition of the following new row, to read in its entirety as follows: Uses INote NC RC C-1 C-2 /-E 3 MEDICAL P P MARIJUANA TESTING FACILITY Section 9. Subsection 26-640.C. of the Code, concerning supplementary zoning regulations for marijuana, is hereby amended as follows: C. Except as provided for in articles XII and XIII of chapter 11 of this Code, cultivation, drying, processing, manufacture, TESTING and storage of marijuana may not occur in any non-residential structure. Section 10. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 11. Effective Date. This Ordinance shall take effect fifteen (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 to on this day of , 2016, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for , 2016, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2016. SIGNED by the Mayor on this day of , 2016. ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor Approved as to Form Gerald E. Dahl, City Attorney 10 First Publication: Second Publication: Wheat Ridge Transcript Effective Date: NOTE: The governor signed this measure on 5/29/2015. SENATE BILL 15-260 BY SENATOR(S) Aguilar, Ken, Crowder, Guzman, Heath, Johnston, Jones, Kefalas, Merrifield, Newell, Steadman, Todd, Ulibarri; also REPRESENTATIVE(S) Ginal, Becker K., Conti, Lebsock, Rankin, Roupe, Ryden, Young. CONCERNING MEDICAL MARIJUANA PRODUCT TESTING. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-43.3-202, add (2.5) as follows: 1243.3-202. Powers and duties of state licensing authority - rules. (2.5) (a) RULES PROMULGATED PURSUANT TO PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION MUST INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING SUBJECTS: (I) (A) ESTABLISHING A MEDICAL MARIJUANA AND MEDICAL MARIJUANA -INFUSED PRODUCTS INDEPENDENT TESTING AND CERTIFICATION PROGRAM FOR MEDICAL MARIJUANA LICENSEES, WITHIN AN IMPLEMENTATION TIME FRAME, REQUIRING LICENSEES TO TEST MEDICAL MARIJUANA TO ENSURE, AT A MINIMUM, THAT PRODUCTS SOLD FOR HUMAN CONSUMPTION DO NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS TO Attachment 1 Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. HEALTH AND TO ENSURE CORRECT LABELING; (B) TESTING MAY INCLUDE ANALYSIS FOR MICROBIAL AND RESIDUAL SOLVENTS AND CHEMICAL AND BIOLOGICAL CONTAMINANTS DEEMED TO BE PUBLIC HEALTH HAZARDS BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT BASED ON MEDICAL REPORTS AND PUBLISHED SCIENTIFIC LITERATURE; (C) IN THE EVENT THAT TEST RESULTS INDICATE THE PRESENCE OF QUANTITIES OF ANY SUBSTANCE DETERMINED TO BE INJURIOUS TO HEALTH, THE LICENSEE SHALL IMMEDIATELY QUARANTINE THE PRODUCTS AND NOTIFY THE STATE LICENSING AUTHORITY. THE LICENSEE SHALL DOCUMENT AND PROPERLY DESTROY THE ADULTERATED PRODUCT. (D) TESTING SHALL ALSO VERIFY THC POTENCY REPRESENTATIONS AND HOMOGENEITY FOR CORRECT LABELING AND PROVIDE A CANNABINOID PROFILE FOR THE MARIJUANA PRODUCT; (E) THE STATE LICENSING AUTHORITY SHALL DETERMINE AN ACCEPTABLE VARIANCE FOR POTENCY REPRESENTATIONS AND PROCEDURES TO ADDRESS POTENCY MISREPRESENTATIONS; AND (F) THE STATE LICENSING AUTHORITY SHALL DETERMINE THE PROTOCOLS AND FREQUENCY OF MARIJUANA TESTING BY LICENSEES. (b) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL PROVIDE TO THE STATE LICENSING AUTHORITY STANDARDS FOR LICENSING LABORATORIES PURSUANT TO THE REQUIREMENTS AS OUTLINED IN SUB -SUBPARAGRAPH (A) OF SUBPARAGRAPH (I) OF PARAGRAPH (a) OF THIS SUBSECTION (2.5) FOR MEDICAL MARIJUANA AND MEDICAL MARIJUANA -INFUSED PRODUCTS. (C) MANDATORY MEDICAL MARIJUANA TESTING SHALL NOT BEGIN UNTIL A MARIJUANA LABORATORY TESTING REFERENCE LIBRARY IS CREATED AND LICENSEES ARE SET UP FOR PROFICIENCY TESTS AND STANDARDS. SECTION 2. In Colorado Revised Statutes, 12-43.3-401, amend (1) (c); and add (1) (c.5) as follows: PAGE 2 -SENATE BILL 15-260 12-43.3-401. Classes of licenses. (1) For the purpose of regulating the cultivation, manufacture, distribution, and sale of medical marijuana, the state licensing authority in its discretion, upon application in the prescribed form made to it, may issue and grant to the applicant a license from any of the following classes, subject to the provisions and restrictions provided by this article: (c) Medical marijuana -infused products manufacturing license; and (c.5) MEDICAL MARIJUANA TESTING FACILITY LICENSE; AND SECTION 3. In Colorado Revised Statutes, 12-43.3-402, amend (6) as follows: 12-43.3-402. Medical marijuana center license. (6) A medical marijuana center may provide, EXCEPT AS REQUIRED BY SECTION 12-43.3-202 (2.5) (a) (I), a sample of its products to a lafior;rtoryt}rat-leas FACILITY THAT HAS A MEDICAL MARIJUANA TESTING FACILITY LICENSE from the state licensing authority for testing and research purposes. The labor substat ces, used in bona fide occupational license fioln ICAL MARIJUANA CENTER SHALL MAINTAIN A RECORD OF WHAT WAS ROVIDED TO THE TESTING FACILITY, THE IDENTITY OF THE TESTING FACILITY, AND THE RESULTS OF THE TESTING. SECTION 4. In Colorado Revised Statutes, 12-43.3-404, amend (10) as follows: 12-43.3-404. Medical marijuana -infused products manufacturing license. (10) A medical marijuana -infused products PAGE 3 -SENATE BILL 15-260 manufacturer may provide, EXCEPT AS REQUIRED BY SECTION 12-43.3-202 (2.5) (a) (I), a sample of its products to a laboratory that ims an aCca ationa}fiCensC FACILITY THAT HAS A MEDICAL MARIJUANA TESTING FACILITY LICENSE from the state licensing authority for testing and research purposes. A MEDICAL MARIJUANA PRODUCTS MANUFACTURER SHALL MAINTAIN A RECORD OF WHAT WAS PROVIDED TO THE TESTING FACILITY, THE IDENTITY OF THE TESTING FACILITY, AND THE RESULTS OF THE TESTING. SECTION 5. In Colorado Revised Statutes, add 12-43.3-405 as follows: 12-43.3-405. Medical marijuana testing facility license - rules. (1) A MEDICAL MARIJUANA TESTING FACILITY LICENSE MAY BE ISSUED TO A PERSON WHO PERFORMS TESTING AND RESEARCH ON MEDICAL MARIJUANA FOR MEDICAL MARIJUANA LICENSEES. THE FACILITY MAY DEVELOP AND TEST MEDICAL MARIJUANA PRODUCTS. (2) THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES PURSUANT TO ITS AUTHORITY IN SECTION 12-43.3-202 (1) (b) RELATED TO ACCEPTABLE TESTING AND RESEARCH PRACTICES, INCLUDING BUT NOT LIMITED TO TESTING, STANDARDS, QUALITY CONTROL ANALYSIS, EQUIPMENT CERTIFICATION AND CALIBRATION, AND CHEMICAL IDENTIFICATION AND OTHER SUBSTANCES USED IN BONA FIDE RESEARCH METHODS. (3) A PERSON WHO HAS AN INTEREST IN A MEDICAL MARIJUANA TESTING FACILITY LICENSE FROM THE STATE LICENSING AUTHORITY FOR TESTING PURPOSES SHALL NOT HAVE ANY INTEREST IN A LICENSED MEDICAL MARIJUANA CENTER, A LICENSED OPTIONAL PREMISES CULTIVATION OPERATION, A LICENSED MEDICAL MARIJUANA -INFUSED PRODUCTS MANUFACTURER, A LICENSED RETAIL MARIJUANA STORE, A LICENSED RETAIL MARIJUANA CULTIVATION FACILITY, OR A LICENSED RETAIL MARIJUANA PRODUCTS MANUFACTURER. A PERSON THAT HAS AN INTEREST IN A LICENSED MEDICAL MARIJUANA CENTER, A LICENSED OPTIONAL PAGE 4 -SENATE BILL 15-260 PREMISES CULTIVATION OPERATION, A LICENSED MEDICAL MARIJUANA -INFUSED PRODUCTS MANUFACTURER, A LICENSED RETAIL MARIJUANA STORE, A LICENSED RETAIL MARIJUANA CULTIVATION FACILITY, OR A LICENSED RETAIL MARIJUANA PRODUCTS MANUFACTURER SHALL NOT HAVE AN INTEREST IN A FACILITY THAT HAS A MEDICAL MARIJUANA TESTING FACILITY LICENSE. SECTION 6. Act subject to petition - effective date. This act takes effect July 1, 2016; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the PAGE 5 -SENATE BILL 15-260 general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. Bill L. Cadman PRESIDENT OF THE SENATE Cindi L. Markwell SECRETARY OF THE SENATE APPROVED Dickey Lee Hullinghorst SPEAKER OF THE HOUSE OF REPRESENTATIVES Marilyn Eddins CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO PAGE 6 -SENATE BILL 15-260 HOUSE BILL 16-1064 BY REPRESENTATIVE(S) Brown, Becker K., Fields, Gina], Lebsock; also SENATOR(S) Roberts, Heath, Holbert, Jahn, Johnston, Kerr, Scott, Steadman. CONCERNING LOCAL LICENSING OF MEDICAL MARIJUANA TES'T'ING FACILITIES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-43.3-301, amend (1) (c); and add (1) (d) as follows: 12-43.3-301. Local licensing authority - applications - licenses. (1) A local licensing authority may issue only the following medical marijuana licenses upon payment of the fee and compliance with all local licensing requirements to be determined by the local licensing authority: AND (c) A medical marijuana -infused products manufacturing license; (d) A MEDICAL MARIJUANA TESTING FACILITY LICENSE. SECTION 2. Safety clause. The general assembly hereby finds, Attachment 2 Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. r _ r Dickey Lee Hullinghorst Bill L. Cadman SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE Mari yn Edd' s CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES Effie Ameen SECRETARY OF THE SENATE APPROVED P92 3 John W. ickenlooper , GOVER14OR OF THE STATE OF COLORADO PAGE 2 -HOUSE BILL 16-1064