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HomeMy WebLinkAboutCouncil Agenda Packet 04-10-17 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 10, 2017 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, 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 Council Minutes of March 27, 2017 and Study Notes of March 20, 2017 and April 3, 2017 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. c. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY SESSION AGENDA ROSTER. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 05-2017 – amending Chapter 26 of the Wheat Ridge Code of Laws concerning the Regulation of Small-Scale Alcohol Production Facilities (Case NO. ZOA- 17-01) CITY COUNCIL AGENDA: April 10, 2017 Page -2- PUBLIC HEARING AND ORDINANCES ON SECOND READING (con’t) 2. Council Bill 06-2017 – amending Chapter 26 of the Wheat Ridge Code of Laws concerning the Regulation of Site Design Standards for Site Grading, Retaining Walls and Stormwater Facilities (Case No. ZOA-17-02) 3. Council Bill 03-2017 – approving the rezoning of property located at 4255 Yarrow Street from Residential-Two (R-2) to Mixed Use Neighborhood (MU-N) (Case No. WZ-16-08/Envirofinance Group) 4. Council Bill 07-2017 – amending various provisions of Article 1 of Chapter 22 of the Wheat Ridge Code of Laws concerning City Sales and Use Tax, and Section 11-68 of the Wheat Ridge Code of Laws, concerning proration of the Annual Liquor License Occupation Tax CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT ©m~llllm CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29rH AVENUE, MUNICIPAL BUILDING March 27, 2017 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 Janeece Hoppe Tim Fitzgerald Larry Mathews Members Absent: Kristi Davis (excused), Genevieve Wooden (excused), George Pond Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; City Manager, Patrick Goff; Parks & Recreation Director, Joyce Manwaring; Community Development Director, Ken Johnstone; other staff, guests and interested citizens. APPROVAL OF Minutes of the City Council Meeting of March 13. 2017 and Notes of the Study Session of March 6, 2017 There being no objections, the Minutes of the Council Meeting March 13, 2017 and the Notes of the Study Session of March 6, 2017 were approved as published. PROCLAMATIONS AND CEREMONIES Victim's Rights Week Mayor Jay read a proclamation declaring the week of April 2-8 as Crime Victims' Rights Week. Jay Hardesty, VOi board member, received the proclamation and thanked the City of Wheat Ridge and its Police Department for the many years of support and the good relationship. Arbor Day and Tree City USA Mayor Jay read a proclamation declaring Saturday, April 26 as Arbor Day. Margaret Paget, the City Forester, announced that a Girl Scout troop will be helping plant trees on Arbor Day. Rick Murray, Parks, Forestry & Open Space manager, introduced Robin Rice, our new forestry technician, and thanked Keith Wood for his help over the years keeping them up on tree issues and identifying problems. Keith Wood of the Colorado State Tree Service presented the award of Tree City USA and congratulated the staff on their hard work over the years. Once again all standards for being a Tree City have been met. This is the 38th year for Wheat Ridge as a Tree City. CITIZENS' RIGHT TO SPEAK City Council Minutes March 27, 2017 Page 2 Dorothy Archer (WR) is concerned about the R-1 code. She thanked Council for setting the R-1C height limit at 25 feet with a 15 bulk plane, but hopes the R-1 limit is addressed as soon as possible. People don't realize if they are zoned R-1 a house could be sold, scraped, and a 35 foot flat-topped house could be built 5 feet from their fence. We are losing who we are and why we live here. We are very vulnerable to the changes happening in north Denver. The added population of 500-1,000 in the new apartments (381h & Upham and WR Corners) is enough. She encouraged concerned citizens to speak to their councilmembers and attend any Council meetings addressing this issue. Colin Anonson, director of constituent services for Congressman Ed Perlmutter, announced an upcoming event called Making Housing Affordable. A panel will present on making housing affordable, followed by a resource fair. It will be Saturday, April 8 at Alameda HS from 1 Oam to noon. APPROVAL OF AGENDA Councilmember Duran asked to add an agenda item to discuss sponsorship of a table for the Seniors' Resource Center Gala. The Mayor said that should happen under Elected Officials' Matters. Mr. Dahl advised that no money can be spent under Elected Officials' Matters. Motion by Councilmember Duran to add Agenda Item 6, the sponsorship of a table at the Senior's Resource Center Gala; seconded by Councilmember Urban; carried 4-1, with Councilmember Fitzgerald voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 04-2017 -An Ordinance extending the Temporary Moratorium of the submission, acceptance, processing, and approval of applications and requests for a permit, license, land use approval or other approval for a Freestanding Emergency Room The current one-year moratorium will expire in April of 2017. The financial impact (loss of fees) of extending the moratorium is likely nominal. Staff recommends approval. Councilmember Hoppe introduced Council Bill 04-2017. City Clerk Shaver assigned Ordinance No. 1616. There was no staff presentation. Mr. Dahl advised the Charter requires 5 votes to approve an ordinance on 2nd reading. Mayor Jay opened the public hearing. Citizen Comment City Council Minutes March 27, 2017 Page 3 Carol Salzman (WR), Lutheran Hospital, gave some history on free standing emergency rooms. Originally intended for underserved rural areas, they have spread to urban and suburban areas where they have actually caused delays in treatment and a lot of confusion with consumers about transparency, pricing, and insurance coverage. Lutheran is asking that the moratorium be extended for one year (instead of six months) if possible. While the legislature enacted no regulations this year, it's likely there will be legislation in 2018 that will result in a licensing system that does not allow these facilities in areas like Wheat Ridge that already have critical care services. There were no questions from Council. Mayor Jay closed the public hearing Motion by Councilmember Hoppe to approve Council Bill 04-2017, an ordinance extending the temporary moratorium of the submission, acceptance, processing, and approval of applications and requests for a permit, license, land use approval or other approval for a freestanding emergency room, on second reading, and that it takes effect fifteen (15) days after final publication, seconded by Councilmember Duran. Councilmember Urban asked if the moratorium could be extended to one year. Mr. Dahl advised that Council can chose the amount of time for a moratorium, but it cannot use a moratorium as a ban in disguise. There must be evidence that it is a reasonable amount of time needed to develop regulations. In this case, there is that evidence. Motion by Councilmember Urban to amend the main motion by changing the length of the moratorium from 180 days to 365 days [page 2, section 2], to allow time for the Colorado General Assembly to act on this matter; seconded by Fitzgerald; carried 5-0. The main motion, as amended, carried 5-0. ORDINANCES ON FIRST READING 2. Council Bill 05-2017 -An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the Regulation of Small-Scale Alcohol Production Facilities (Case No. ZOA-17-01) Our zoning code is silent with respect to alcohol production facilities. Small brewery operations have been handled on a case-by-case basis by classifying them as light industrial or restaurant uses. This ordinance will provide clarity for staff and potential businesses Councilmember Mathews introduced Council Bill 05-2017. Motion by CouncilmemberMathews to approve Council Bill No. 05-2017, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of small-scale alcohol production facilities, on first reading, order it published, public hearing City Council Minutes March 27, 2017 Page4 set for Monday, April 10, 2017 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Duran; carried 5-0. 3. Council Bill 06-2017 -An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the Regulation of Site Design Standards for Site Grading, Retaining Walls and Stormwater Facilities (Case NO. ZOA-17-02) Our zoning code does riot address site grading, stormwater facilities, and retaining walls. This ordinance establishes reasonable minimum standards for their design. Councilmember Duran introduced Council Bill 06-2017, and noted that no financial impact on the City is expected. Motion by Councilmember Duran to approve Council Bill No. 06-2017, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of site design standards for site grading, retaining walls and stormwater facilities, on first reading, order it published, public hearing set for Monday, April 10, 2017 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Hoppe; carried 4-1, with Councilmember Urban voting no. 4. Council Bill 07-2017 -An ordinance amending various provisions of Article 1 of Chapter 22 of the Wheat Ridge Code of Laws concerning City Sales and Use Tax, and Section 11-68 of the Wheat Ridge Code of Laws, concerning proration of the Annual Liquor License Occupation Tax This ordinance includes two sets of tax code updates that are intended to simplify the City's tax code and make it more business-friendly. • Implementation of standardized definitions developed by municipal tax professionals, the business community and the Colorado General assembly. • Miscellaneous revisions for efficiency, clarity, and consistency. Councilmember Urban introduced Council Bill 07-2017 Motion by Councilmember Urban to approve Council Bill 07-2017, an ordinance amending various provisions of Article 1 of Chapter 22 of the Wheat Ridge Code of Laws concerning City sales and use tax, and Section 11-68 of the Wheat Ridge Code of Laws, concerning proration of the annual liquor license occupation tax on first reading, order it published, public hearing set for Monday, April 10, 2017 at 7:00 p.m. in City Council Chambers, and that it take effect immediately upon adoption; seconded by Councilmember Mathews; carried 5-0. DECISIONS, RESOLUTIONS AND MOTIONS Councilmember Mathews reminded the public that Item 5 is a 2E project. City Council Minutes March 27, 2017 Page 5 5. Motion to award a contract to Moore lacofano Goltsman, Inc. in the amount of $124, 950 for the Anderson Park Renovation Master Plan. Preparation of the master plan includes focus groups, community and stakeholder meetings, and review/recommendations by the Parks Commission. Items to be addressed include: functions, traffic flow, the entryway, the Anderson Building, the bath house renovation, pavilion replacement, field rehab, and the addition of new amenities. Councilmember Fitzgerald introduced Item 5. Joyce Manwaring updated. This is part of the 2E bond issue. It is the first step in the process and will take 8-10 months. Opportunities for public input will be posted on our website on the project page for Investing for the Future. Council questions The schedule for public input opportunities will be posted on the website 2-4 weeks in advance. Public meetings will be during the summer. Motion by Councilmember Fitzgerald to award a contract to Moore lacofano Goltsman, Inc. in the amount of $124,950 for the Anderson Park Renovation Master Plan; seconded by Councilmember Duran; carried 5-0. 6. Sponsorship of a table for the Seniors' Resource Center Gala Councilmember Duran confirmed that the Seniors' Resource Center is having a gala this summer --a fund raiser and for the retirement of John Zabawa. A table for ten is $2,500. Motion by Councilmember Duran to sponsor a table for the Seniors' Resource Center Gala in the amount of $2,500; seconded by Councilmember Mathews. Councilmember Hoppe received clarification that $3,000 is budgeted this year for table sponsorships. The motion carried 5-0. CITY MANAGER'S MATTERS Mr. Goff announced there will be a ribbon-cutting tomorrow at 1 Oam for the new Wheat Ridge Animal Hospital off 44th, west of Kipling. -He also reported that the 2E sales tax bond sale was successful. In selling $33M worth of bonds there were $165M in offers. They were able to negotiate and the interest will be only 2.6%. Closing is set for May 2. CITY ATTORNEY'S MATTERS none ELECTED OFFICIAL'S MATTERS City Council Minutes March 27, 2017 Page 6 Janelle Shaver reported that the Liquor Authority had its required yearly election of officers. Claudia Worth is the new President and Bruce Macintyre is the Vice Chair. - She also reported that the Show Cause Hearing for Big Willie's has been continued yet again until April 13 at 9:00am in Council Chambers, if anyone wants to attend. Monica Duran asked if Council could go through the steps of the appointment process for mayor pro temp at the next study session. Zach Urban passed out copies of a council bill he'd like to see introduced in the future. He would like to have this ordinance reviewed by the City Attorney for legal accuracy, for legal sufficiency, and if it achieves the goal of allowing the introduction of this ordinance before City Council on April 24 to result in the placement on the ballot of a question posed to the citizens of Wheat Ridge concerning whether the lane configuration and associated designs of 38th Avenue (Wadsworth to Sheridan) should stay in the current configuration or be reverted to what may be considered the 2011 or 2010 configuration. He noted that the sales tax issue is completed, but the issue of 38th Avenue remains unresolved from last summer. We owe it to the voters to give them the opportunity to deciqe this definitively, once and for all. Motion by Councilmember Urban to have the ordinance reviewed by the City Attorney for legal sufficiency and come before Council on 1st Reading on April 24; seconded by Councilmember Duran. Discussion followed. • Councilmember Hoppe thinks this is a surprise since three members are absent; she'd prefer having it on the agenda of the next business meeting. • Councilmember Fitzgerald noted there have been years of discussion and conflict about this issue .. He pointed out that promises were just made at the retreat that there wouldn't be surprises. He thinks this is strategic and is dirty pool since three aren't here. He agrees this should be on a study session agenda. • Councilmember Duran stated that dirty pool would be to pass a resolution on this tonight. Instead, Councilmember Urban brought this forward this way so we can have a conversation when everyone is here. • Councilmember Mathews noted that by the time we get through the process, there will be plenty of time for everyone to discuss it. He reminded that Council dropped this suddenly, without notice, last year at 2nd Reading. Perhaps this is a surprise tonight, buy no real action is happening other than to get it on the table. He doesn't see that as objectionable. Substitute Motion by Councilmember Hoppe to move the review of Councilmember Urban's ordinance to a study session and to follow the regular process; second by Councilmember Fitzgerald. During discussion Mr. Dahl advised that the main motion charges him with reviewing Mr. Urban's ordinance and recommending changes. The consequence of approving the substitute motion would move the discussion of whether or not he should carry out that charge to a study session. City Council Minutes March 27, 2017 Page 7 Discussion continued . Councilmember Hoppe amended her motion to stipulate that the discussion would occur at the April 3 study session. The second consented. There was further discussion. The substitute motion failed 2-3, with Councilmembers Mathews, Urban, and Duran voting no. The main motion carried 3-2, with Councilmembers Fitzgerald and Hoppe voting no. Tim Fitzgerald thanked those who came to the listening meeting he and George Pond had last Saturday --including the Police Chief. Larry Mathews reported attending the Activate 38 meeting on Thursday. He noted this is funded by Kaiser. His concerns are to make sure what the real goal is, and he doesn't want citizens to have expectations that construction is imminent. This isn't even a City- sponsored study; it's a project of Localworks, yet a City engineer is at their disposal. Ms. Hoppe advised that the grant is only to clarify areas of need and put together a list of priorities; it has no action plan. _Joyce Jay announced Coffee with the Mayor this Saturday, 9am at Vinnola's. -Also, the Capture Wheat Ridge photo exhibit is this Saturday at Sons of Italy at 7pm. Several restaurants will be bringing providing food and the contest winners' photos will be on display. Tickets are $50. ADJOURNMENT The City Council Meeting was adjourned at 8:00 p.m. APPROVED BY CITY COUNCIL ON APRIL 10, 2017 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. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue March 20. 2017 Mayor Joyce Jay called the Study Session to order at 6:29 p.m. Council members present: Monica Duran, Janeece Hoppe, Zachary Urban, George Pond, Tim Fitzgerald, Larry Mathews, Genevieve Wooden Absent: Kristi Davis (excused) Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; Chief Daniel Brennan; Public Works Director, Scott Brink; Parks Director, Joyce Manwaring; Administrative Services Director, Heather Geyer; Treasurer, Jerry DiTullio; other staff, guests, and interested citizens CITIZEN COMMENT ON AGENDA ITEMS Rh'annon Gallagher (Paramount Heights) supports the establishment of an environmental sustainability task force. She is a leader of a 70 person team in Jefferson County that helps cities commit to sustainability and resilience. They've been doing their research and they are ready to go. Her interests are: 1) She moved here three years ago because it is greener and wants her son to grow up with nature like she did. 2) She spent three months learning what cities around the world are doing for sustainability. Brandon Gallagher (Paramount Heights) (WR) hopes Council knows we need to start a sustainability task force. He did climate reality training in Denver this year and would like to see Wheat Ridge have 100% renewable energy in five years. He's ready to act on this. Joy Opp (Paramount Heights) supports a sustainability task force and believes it should make recommendations. Sustainability touches local farming, preserving open space, improved walkability, recycling, reducing reliance on cars, cleaning up debris, awareness of wildlife, a feeling of neighborliness, and response to floods, weather and emergencies. Larger cities around us have shown commitment to sustainability. Good policies make a city attractive. All citizens will benefit if we preserve our natural resources, honor our agriculture heritage, reduce waste and provide incentives for businesses to join our city. As a realtor she noted it raises property values. She would like to be on the task force. Guy Nahmiach (WR) thinks everyone has a personal definition of sustainability -that it's really a lifestyle. ·He noted that the City has a sustainability plan, but not many resources for implementation. He shared that Wheat Ridge has had a sustainability committee for many years. They meet every few months and have had experts talk on things like bees; they've discussed the "lanes", garbage pick-up, and solar. They believe it's not about the City spending more, but citizens doing more. This group has never been officially recognized by the City and it's about time. STUDY SESSION NOTES: March 20, 2017 Page -2- Rob Robinson (Paramount Heights) applauded Council's pending move to create a committee to study sustainability. He agrees people need to take a more active role in local sustainability. We need to take care of our community. Global warming is his fear. Heather Geyer, Administrative Service Director, was present with Sara Spaulding, Public Information Officer, to publicly apologize for a mistake in the recent WR Connections newsletter. A column in memory to Hank Stites shows a picture of his son Mike, not Hank. She explained that she unfortunately didn't do the final review of the newsletter; and Sara is new to the City. It was an unintentional mistake and steps have been taken to ensure this never happens in the future. She apologized to the family of Hank Stites and the community. Upon returning from vacation she saw the mistake and called Mike immediately to apologize; he understood. Sara Spaulding extended a personal apology -especially to the Stites family and Hank's friends. Mike Stites was very gracious about it, but this is her mistake and she's taken it to heart in insuring nothing like this happens in the future. 5. Founders Park Sculpture Deaccessioning -Joyce Manwaring Joyce Manwaring reported the deaccessioning process has been completed for the sculpture at Founders Park. She explained the steps of the public art management process that were followed to respect the artist's work. The sculpture was originally intended as a play sculpture but it did not meet the safety codes for a play structure. The special deaccessioning committee recommended removal. At their March meeting the Cultural Commission discussed it at length and voted keep the sculpture in place. Questions from Council followed. • The art piece was solicited to be a play sculpture. Following selection and installation it was evaluated by CIRSA and our certified playground safety staff; it did not meet safety codes. A sign was put in place saying it is not a play structure. • It's better for the City's liability to have the sign. • The public art management plan was adopted several years ago. It has a well- defined process that brings a variety of community members together. • Founders Park is classified as a passive park. • Ms. Manwaring explained the difference between developed and passive parks. Developed parks have playgrounds, ball fields, swimming pools, and shelters that can be rented; passive parks don't. In passive parks, activity is all self-directed. • Where will the funds go? They will go back into the fund balance of the Conservation Trust Fund (Lottery dollars) to be used in 2018 for another project. 1 . Staff Report( s) a. Code Enforcement Strategies -Chief Brennan Chief Brennan explained the staff report and the administrative enforcement process for nuisance code enforcement. STUDY SESSION NOTES: March 20, 2017 Page -3- He highlighted the TLC (Traffic, Life Quality and Crime) efforts for 2016. • TLC identifies neighborhoods that need help, meets with the neighbors to identify their concerns, provides education, and issues warning notices. Dumpster days are held. Enforcement is the last step. • In the last two years, they've done six neighborhoods and four commercial areas. • In 2016 they did 710 residences -having 104 warnings, 3 first violations and 1 second violation. Of the 224 commercial properties done, 48 warnings were issued and all complied. • Although 2016 presented significant challenges with staff turnover in code enforcement, with the use of seasonal workers all proactive projects were completed. PD is now in the interview process for a new supervisor. • 2016 statistics show o 1,796 calls for service related to code --a 2% increase over 2015. o 99% of the cases eventually were in compliance. o The program of making people aware of violations is getting compliance. o Two appeals went to administrative hearing; there are usually a dozen or so. Two properties had to be abated. o We assessed $23K in fines, which is down considerably (44%) from 2015. o Besides enforcement, education is critical, and is done via Connections, Mayor's newsletter, the website, and Facebook. For 2017 two residential areas were selected for focus: • Apel Neighborhood (Dist II) -Quay to Wads, 44th to 1-70, 420 properties • Sun Valley Neighborhood (Dist IV) -Garrison to Kipl, W 42"d to 1-70, 448 prop's The commercial area chosen is the Wadsworth Boulevard Corridor, 32"d Ave north to city limits. Public Works will assist due to future widening. Mr. Goff noted that since Council identified code enforcement as a high priority at the retreat, staff is already talking about areas we can look into to enhance code enforcement (commercial landscaping, rental inspection, other neighborhood programs). Tonight was an update; other areas will be brought forward at a future study session. The Chief fielded questions from councilmembers about • Calls that are ultimately not violations • Whether we need more ordinances for code enforcement • How complaints are processed • How crime is being addressed • The 1-70/Kipling area: done mostly with community policing, and hotel/motel inspections • The inclusion of multi-family in the hotel/motel area monitoring for code enforcement 2. Tax Code Update -Geoff Wilson, Kathy Franklin, Jerry DiTullio Heather Geyer introduced the guest speakers: Geoff Wilson, formerly of CML, now with Murray, Dahl and Associates, and Kathy Franklin, our Tax Supervisor. Amendments to the City's current tax laws in Code section 22 are proposed. STUDY SESSION NOTES: March 20, 2017 Page -4- 1) Adoption of standard definitions -Geoff Wilson The current tax system is good for Colorado municipalities. • 73% of our general-purpose revenue comes from sales tax and property taxes are kept low. (Elsewhere, most cities get their money from property tax.) • It's also good for taxpayers. They don't mind sales tax; they like low property tax. • It's generally a good system for businesses too. For businesses that operate in multiple jurisdictions, some controversial issues are: Differences in tax base (what's taxed and what isn't); differences in point of remittance; difficulty in sourcing the sale; vendors are subject to multiple audits (different standards); and different definitions. Necessary complexity is defensible; unnecessary complexity is not. Individual definitions among jurisdictions are not necessary and are a confusing burden to businesses. History: In 1992 he oversaw a standardized definitions project, which municipalities adopted. (This was before TABOR.) It was very successful but lacked a procedure for keeping everything standard over time. In 2014 the legislature asked CML to revisit the project. While TABOR now makes it harder to amend the tax code, a large committee was formed and an extensive process was undertaken to standardize definitions. Guiding principles included: • Revenue neutrality (wanted to be able to do it without a TABOR election) • No merchant impact • Clarity of practice enhanced (accurate definitions of what is taxed) • Remove the practice of burying exemptions in the definitions 2) Miscellaneous updates for efficiency, clarity consistency, etc. -Kathy Franklin Ms. Franklin vouched for the care that was taken to follow TABOR guidelines. She explained the need to clean up language and incorporating state language. She noted the top three ordinance changes are business-friendly. Treasurer DiTullio highlighted the three main changes in the draft ordinance. 1. Allows pro-rating the annual liquor license occupation fee for a newly acquired liquor license 2. Makes the tax refund period three years (like the state) rather than 60 days 3. Allows sales tax to be included in the price of an item for fast transaction sales (similar to the way tax is included in the cost of liquor by the drink) -to now include farmers' markets, produce stands, special events and craft markets Ms. Franklin explained the other two changes addressing what businesses are required to provide. 4. Formalizes a practice we've had. When large businesses retain records outside the City, metro area or state and an audit requires travel by staff, we require them to pay for it. She noted this is rare. 5. Amends/corrects sections of existing tax code that are obsolete, redundant, internally inconsistent or inconsistent with state statues STUDY SESSION NOTES: March 20, 2017 Page -5- First reading is scheduled for March 27, with second reading (public hearing) on April 10. ~ Wadsworth Widening Project Update -Mark Westberg Mr. Westberg reported on the Final Recommended Alternative (FRA), design updates, environmental issues that have arisen recently, what the public outreach has been, funding and a potential schedule The FRA includes 3 lanes of traffic each way, raised medians, wide sidewalks, wide tree lawn, and a two-way cycle track on the east side (3Sth to 44th). Several signals were added to pull traffic off main intersections and provide pedestrian crossing every 1 /8 mile. Issues from the PEL: Signals • COOT didn't like the signal spacing (they prefer every% mile, with occasional variance allowed for % mile) • COOT only allows intersections at locations that meet warrants. Intersection capacity • We had traditional intersections at 3Bth and 44th with all double left turns, but they fails prior to the year 2040. • Continuous Flow Intersections (CFI) were explored. The use of displaced left turns allows through and turning movements to move at the same time. A crossover signal about 600 feet from the main intersection allows a single left turn lane. As CFl's are wider, having double lefts would take out Walgreens, the bank and Mr. Loescher's property [at 44th]. A longer, single left turn lane solves that. • They are trying to convince COOT to allow pedestrian crossings at the crossover signals. No one has ever done that. • He played the video that demonstrates CFl's -which is on the City website. Clear Creek Trail Connection Removing sidewalk and existing stairs. They've added a formal connection (10" wide) to the Trail on the east side - a series of switchbacks to accommodate and encourage bicycles. Noise walls COOT may require 20 foot high noise walls by the Morningside and Town Center apartments; we're hoping they aren't "reasonable, constructible or desired". Historical preservation • COOT is requiring us to revisit the designation of several properties --four in the north end of corridor and a couple in other areas that probably won't be impacted. • This adds five months to the project and could potentially impact design. • Preliminary results should be available by June. • The four main properties are the bungalow house at 47th (1917), the "mod mood" house (1947) which is planned as a "full take", and the Arapahoe House (1969) and Enramex (1968) buildings. Public outreach STUDY SESSION NOTES: March 20, 2017 Page -6- • Public meetings held in May and August of 2016 • Block by block meetings with business owners held in July 2016 • Individual meetings in January 2017 with properties that will be heavily impacted • Connections newsletter: 2 articles last year; one in current Spring 2017 issue • Website regularly updated, including with the 2E updates • Future public meeting (late summer 2017); update on revised design if necessary • Public hearing in January, 2018 • More block by block meetings (summer 2017) • More individual meetings as the needs arise Funding Identified funding includes • $31.SM TIP (Transp lmprov Program): $25.28M Federal, $6.32M City match • $2.6M HSIP (Hiway Safety lmprov Prog): $2.34M Federal, $0.26M COOT match • $35.07M Total Funding $27.62 Federal funding, $0.26M COOT funding $7.19M City funding (Some prior spending may not be reimbursable from 2E) City funding"'$7.19M o $6.32M --local match required ($0.19M local match in 2016) o $7M --2E funding in 2018 ($6.13M remaining local match; $0.87M addt'I funds) From the PEL it was thought the total project cost would be $40-45M. With passage of time, addition of CFl's, possibility of sounds walls, ROW acquisition of $14-$18M, and Construction at $28-$38, the estimated costs are now $46-SOM. • Because federal funding exceeds $25M, we're required to do value engineering. • Potentially need $11-$25 M from other funding. Some options were explained. Schedule • If the design phase goes as planned we hope to get the FONSI (Finding of No Significant Impact) by June 2018. • ROW acquisition would be in June 2018 thru March 2019. • Construction would be mid-2019 thru mid-2020. • Will come to Council in April for additional $180K to cover historic work and delay. This can come from 2E monies (Fund 31). Councilmember Mathews had questions about • the unintended consequences of noise walls. Mr. Westberg explained consideration for the walls is a federal requirement since capacity is being increased. Jason Longsdorf of HOR, the engineering consultant firm, explained for Councilmember Hoppe the federal process for determining the need. • the lack of bus stops and dedicated right turn lanes. Mr. Westberg advised the conceptual design has changed. There will be dedicated right turn lanes at 381h and 44th. Bus stops will be collocated with east/west stops to facilitate transfers, i.e. moved to a location before the intersection. Right turn lanes will function as the bus stop lane. • whether there is enough stacking room for the short distances. Mr. Westberg explained the queueing analysis and assured that with synchronized lights there is enough stacking distance for the thru lanes to accommodate traffic levels anticipated for the year 2040. STUDY SESSION NOTES: March 20, 2017 Page -7- • if the lights are long enough for pedestrians to cross 8 lanes. Mr. Westberg said the intersections are 80 feet wide and noted the pedestrian crossing at main intersections is an issue for everyone. That is why staff wants to convince COOT that putting ped crossings at the crossover locations is a good thing. People can cross half the street to the median, then wait to cross the other lanes. There would be pedestrian refuge locations so folks will be safe. • Mr. Mathews expressed concern about so many signal lights so close together. Councilmember Duran asked about the historic process. Mr. Westberg elaborated, noting that research is difficult because building records prior to 1969 [incorporation] were destroyed. Redesign or avoidance of those properties could happen because we can't afford a 1 Y:! year delay; timing is critical related to funding. Councilmember Urban inquired further about CDOT's resistance to the mid-block CFI crossings. Mr. Westberg said it has never been done before; the universal traffic code (MUTCD) doesn't even address it. COOT has a hard time with the liability without a definable set of criteria. Other CFl's (in CO and other states) have ped trails nearby or don't need ped crossings. It's not been done in a setting like ours where ped traffic is low. Staff hopes ped traffic will increase when the sidewalks go in. Mr. Urban expressed concern about the liability of using an unapproved design. While appreciating the need for creative solutions, he cautioned against using a $45-$60M project as a place to do something new and different. Besides the liability, avant-garde transit engineering is expensive and we have a timetable to worry about. Councilmember Urban inquired about the differences in cost between the design used for the PEL and the recent one. Mr. Westberg noted CFl's cost a little more because of the added lane curbs. Other cost-increasing factors include the addition of several 3-4 foot walls in the corridor, changing the estimate from 2014 dollars to 2019 dollars, and likely increases in construction costs. Councilmember Pond noted that the ped crossings are not essential to the CF l's. If the first design is going to fail in 2040, COOT will not approve that design. Mr. Westberg commented and noted that COOT is more concerned about the number of signals. Councilmember Mathews inquired about snow removal. Mr. Westberg reported the snow plowing protocol for all of this is complicated and still being worked out. Clerk Shaver asked about the Plum House, the old red brick farm house on the west side between 38th and 44th. Mr. Westberg wasn't sure but thought it may be an integrity issue as it has an addition. He added that the Lutheran church is definitely historic so the road is wiggling to the west near that location. 4. Mayor's Environmental Sustainability Task Force -Joyce Jay, George Pond Mayor Jay had opening remarks about her and Councilmember Pond's recommendations for starting an Environmental Sustainability Task Force. STUDY SESSION NOTES: March 20, 2017 Page -8- Councilmember Pond reported being approached by citizens interested in this. It would be an ad hoc committee of limited duration made up of citizens with expertise and passion for sustainability. He elaborated on the need to create a baseline, establish definitions and have recommendations brought to the Council. Mayor Jay explained the plan to create a citizen committee that would help the City identify, adopt, develop and implement programs, policies, strategies and action. It would have to have people with environmental experience and passion to recommend what more we can do? Recommendations could include public educations, involvement of the building department for recommendations for green building requirements, energy efficiency suggestions, and speakers on climate change. Discussion followed. Councilmember Hoppe sees it as a good plan, but thinks six months isn't long enough. She suggested one year might be better if people are willing to commit to that time. Councilmember Wooden supports this. She would like to have periodic reports. Every Councilperson would recommend 3-5 applicants, but she would like to see it publicized. Councilmember Mathews supports the concept but doesn't think preference should be given to persons already actively engaged with environmental issues. That would just end up creating a lobbying group and he's not sure that's a core City function. He supports having a mix of opinions so there can be a true intellectual discussion. -He'd also like to see that there's no cost to taxpayers -that it's a true citizen initiative. Mayor Jay noted that next year's budget may need to include a sustainability officer. Councilmember Urban suggested the focus is too broad; he would like to see a narrower focus and specific, measurable goals for realistic actions the City could take. -He also suggested they meet outdoors a majority of the time, and has concern about cost. Councilmember Duran likes the idea of a committee; agrees it should be a hands-on group out in the community (e.g. meeting with businesses); is concerned about cost; and wants frequent updates and advance notice of any speakers. Councilmember Hoppe would like to see the committee identify where we are now, what areas need major improvement, and how do we get there. Councilmember Pond doesn't agree with narrowing the metrics in the beginning -that the analytical baseline information and what our opportunities are provide the context on which to choose our goals. To get to that point reporting out and involvement will be helpful. -He is agreeable to putting it on Channel 8, like with the DIRT taskforce, but noted that would be a cost. Councilmember Wooden suggested to the committee that other cities already have sustainability practices and staff in place. Examine what they do and see what might work for us. She supports this because our citizens have asked for it -addressing issues like water, transportation, waste, recycling, and climate. Councilmember Fitzgerald asked for consensus to form a citizen committee for a term of STUDY SESSION NOTES: March 20, 2017 Page -9- one year that will report back in three months with a plan for next steps for the committee and next steps for the Council. Mr. Goff advised that • Staffing could be provided short term (1 year), but for long term sustainability programming the expertise and capacity isn't available on staff. • City staff already has a sustainability committee that makes recommendations for City operations. Examples: recycling, energy audits, an idling policy for all fleets • Depending on the expertise of the committee, Council may need to hire a facilitator that has expertise. There was agreement to decide about staffing after 3 months. • Mr. Goff will have an application created and have this advertised. The vote on the consensus was 5-2 in favor. Clerk Shaver noted that Code requires boards and commissions to have equal representation from each council district. They might check about committees. A majority seemed to agree that only Wheat Ridge residents could serve. 6. Elected Officials' Report(s) George Pond reported the National League of Cities conference was good. They met colleagues, interfaced with our representatives, and pitched our projects. Genevieve Wooden noted from the trip to Washington DC that issues such as roads, bridges, water and immigration are common issues nationwide. She noted that opioid use is a problem all over; some rural cities smaller than Wheat Ridge have much bigger problems that we do. She learned of a West Virginia city not much larger than ours that had 26 overdoses in one day. Larry Mathews read a statement about his thoughts on the budget. His first year on Council he did a lot of observing; he has started now to ask questions in preparation for the budget for next year. He thinks waiting until the budget is all prepared is too late to ask questions. The City's budget is the taxpayers' money. He believes elected officials have the responsibility to ask hard questons about the measurable benefit of expenditures to its citizens -including analysis of return on investment and cost/benefit ratio. How expenditures relate to core functions of the City should also be considered. Zachary Urban reported a take-away from National League of Cities was that opioid use not only takes a toll on the users and has a hard dollar cost for cities, but has a high emotional and physical impact on first responders. -He added that fairness in infrastructure resources for Colorado and Wheat Ridge was a message he brought forward. Mayor Jay reported that at the last DRCOG meeting it was mentioned there will be a push for infrastructure repairs, changes, and rebuilding -that shovel ready projects would be of more interest. We may be falling in line well. STUDY SESSION NOTES: March 20, 2017 Page -10- City Manager Patrick Goff had several items. • He reminded everyone of the 1-70 & Kipling open house meeting this Thursday evening, March 23, at the Rec Center. The public is encouraged to attend. It's from 5-7pm, with a presentation at 6pm. COOT and City staff will be there. • He reported the draft of notes on the retreat are ready for Council's review. • A pre-pricing conference call was held today for the 2E bonds. They will go on the market tomorrow. Market looks good this week, so it looks like we will pay less interest and debt service than expected. The closing won't be until May. • The 38th Ave overlay project has been removed from the project list this year; the street condition does not warrant overlay at this time and the streetscape project isn't moving forward. Instead, 44th Ave from Vance to Sheridan will be the priority this year. We will do 39th Ave next year. • He clarified something he said during a previous discussion about Localworks. He had reported that employees do not receive comp time for volunteering for Localworks events. He has since learned that did happen for at least one event when they were having a hard time getting volunteers. It's not a practice. • Update on Arapahoe House: We put up our $12K for continued operation for six months. They are working to set up a meeting with Jefferson Center for Mental Health about taking over the detox services. -Arapahoe House will be notified of the historic designation of the property. Janelle Shaver, related to the earlier discussion about code enforcement, reported receiving a call about the homeless camp that has sprung up on the north side of Clear Creek just west of Wadsworth. She directed the lady to the City of Arvada, but that produced nothing. Could the City speak with Arvada about it? -Mr. Goff said he is aware of it and staff is working with Arvada on it. COOT has a process that takes some time. -She also advised the time for the Show Cause Hearing this Thursday for Big Willie's liquor license has been changed, at their request, to 9:30am (instead of 9:00am). ADJOURNMENT The Study Session adjourned at 9:16 pm. APPROVED BY CITY COUNCIL April 10, 2017 George Pond, Mayor Pro Tern STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue April 3. 2017 Mayor Joyce Jay called the Study Session to order at 6:31 p.m. Council members present: Monica Duran, Janeece Hoppe, Kristi Davis, Zachary Urban, George Pond, Tim Fitzgerald, Larry Mathews, Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; City Attorney, Jerry Dahl; Public Works Director, Scott Brink; Community Development Director, Ken Johnstone; and a guest CITIZEN COMMENT ON AGENDA ITEMS none 2. Sheridan and 29th Closure Update -Denver Water Project -Scott Brink Scott Brink gave an update on the upcoming repair project at 29th & Sheridan • Denver Water is replacing three inoperable water flow control valves in the water vault and repairing a 36-inch water conduit. • Both streets will be affected with closures. He introduced Jim Light from Denver Water who has been working with the City. • The plan is to start April 17 and should take a couple of weeks .. • Temporary water services will be provided to 20 houses on each side of Sheridan. • Denver Water is doing the communication, but Mr. Brink also provided an extra communications memo outlining our City's communications efforts. • There will be some lane closures, with one line maintained in each direction. • The heavy work in the middle of the intersection will start on April 29th. • There will be a couple of days that require full closure of the intersection, with closures during the following week. • CDOT and the City & County of Denver have been working closely with us on this. • It will be painful, but every effort is being made to minimize the inconvenience. • CDOT will follow this project with an overlay of Sheridan from 26TH to 1-76. • There will be a public information campaign. From Council questions: • This project is not related to Ashland Reservoir. The work at 29th & Fenton is. • Information about this project will be on the website. It's been on social media. • The postcards should have a survey monkey on them to solicit opinion from citizens about their preferences for durations and levels of impact. • A soft closure allows for some access to residence and businesses, with lane reduction. A hard closure is closed to everything. • The plan is very defined, but it's possible something could arise that potentially prolongs the timeframe. They have tried to anticipate surprises, but won';t know until they do it. STUDY SESSION NOTES: April 3, 2017 Page -2- • The lines are 5-7 feet to the top of the pipe. • No other surrounding utilities should be affected --that they anticipate. • There will be access to all fire hydrants and no impact on their level of demand. • The water will be tested by Denver Water. Their standards are stringent. • The affected residents will not be charged for their water during this time. 3. Ashland Reservoir Pump House Update -Kenneth Johnstone Mr. Johnstone explained that the Ashland project is nearing completion. The original pump house is still there and a decision about its fate is needed. Denver Water had originally said they were open to preserving it. Then they didn't; then they did. In the last 30 days, the City has learned that they now desire to remove it. Funding is an obstacle. Staff has explored several grant and philanthropic possibilities, but the response has been negative or the timeline is not helpful. Denver wants to get this done. The issue is funding and design resources. It has been an iconic structure and staff would like to preserve it. Would Council be willing to do a supplementary budget appropriation for it. Opinions and questions followed. Main points included: • The entire area will be landscaped and include a wrought iron perimeter fence. • There will be no public access. Security is a very important concern. • Staff has had internal discussions about the possibility of having a small pocket park related to it. • Restoration is not included at this point. That would be later. • The adjacent support system is underground and would be historic as well. • Denver Water owns it, but has been honest about saving it. Their demolition costs of $12,000 could go towards preservation -which could go up to $25K, maybe. • How could our public use it? It would only be a visual icon. • Even though it's historic, if we can't own it, don't want to spend any money on it. • Tonight staff is asking for preliminary consensus if Council is willing to keep the conversation going. • Who will maintain it? None of this will be open to the public. • Relocation would be difficult and probably require moving it brick-by-brick.? • What is exposed is part of the historic structure built in 1890. • If left in place, some extra fill is anticipated compared to the picture. There was unanimous consent to continue the conversation with Denver Water and learn what they would commit to contribute towards preservation of the Ashland pump house. 4. Mayor Pro Tern Procedure Discussion -Patrick Goff Patrick Goff went through the procedure for electing the mayor pro tern. He reported not all of the procedure was followed correctly. The "nomination" step did not happen the last two years. STUDY SESSION NOTES: April 3, 2017 Page -3- Councilmember Duran reported researching back to 2010 and found that only twice was the procedure followed. She wanted to know if Council plans to follow the procedure as written, or should the rules be changed. There was some discussion. It was stated that the non-compliance wasn't intentional. Councilmember Duran received unanimous consent to retain and follow the existing procedure for electing a Mayor Pro Tern in the future . .1. Staff Report( s) Mr. Goff solicited feedback on the retreat summary. He thinks it's pretty detailed and should be pared down. Staff will do this, create something manageable and bring it back. Brief discussion followed. Councilmember Wooden suggested councilmembers each offer suggestions for priorities. Councilmember Pond supports putting it on the website with the caveat that it a work still in progress. Councilmember Duran received consensus to put it on the website as is. 5. Elected Officials' Report(s) Genevieve Wooden asked about the results of the Show Cause Hearing for Big Willie's. Clerk Shaver reported it had been continued to April 13. Zach Urban shared with Council that the use of a secret ballot is permitted by state statute, but only for the purpose of selecting leadership. Genevieve Wooden also wanted the public to know that Council occasionally changes their rules to adjust to their working procedures. Clerk Shaver noted the Easter Egg Hunt this Saturday at Panorama Park at 1 O:OOam sharp! The Baugh House is also open this Saturday from 10-2 for open house and tours. Mayor Jay reported that the Capture Wheat Ridge event was fun. ADJOURNMENT The Study Session adjourned at 7:33 p.m. APPROVED BY CITY COUNCIL April 10, 2017 George Pond, Mayor Pro Tern ITEM NO: DATE: April 10, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 05-2017 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF SMALL-SCALE ALCOHOL PRODUCTION FACILITIES (CASE NO. ZOA-17-01) PUBLIC HEARING ORDINANCES FOR 1ST READING (03/27/2017) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/10/2017) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: The City’s zoning code is currently silent with respect to all alcohol production facilities. On a case-by-case basis, the City has approved small brewery operations by classifying them as similar to light industrial or restaurant uses, as appropriate. The goal of this code amendment is to provide clarity in the code for staff and for potential businesses in terms of what and where certain types of alcohol production is permitted in the City. PRIOR ACTION: Staff raised this issue to City Council for discussion on December 5, 2016, and was directed to proceed with a code amendment to provide clarity and to establish reasonable regulations allowing small-scale alcohol production. At the January 5, 2017 Planning Commission meeting, staff presented a proposed regulatory framework, and commissioners expressed their support. At a public hearing on March 16, 2017, Planning Commission voted to recommend approval of the proposed ordinance, and draft meeting minutes from the public hearing are enclosed. On March 27, 2017, City Council approved the ordinance on first reading by a vote of 5-0. Council Action Form – Small-scale Alcohol Production April 10, 2017 Page 2 FINANCIAL IMPACT: It is difficult to predict the impact of this ordinance on potential sales tax generation and job creation; however, small-scale alcohol production has had a positive economic impact in the metro area and in Colorado as a whole. BACKGROUND: As the craft beer industry has expanded in Colorado and the Denver Metro area, the City’s Community Development Department has experienced a continued level of interest from potential small-scale breweries and distilleries. The zoning code’s silence on this land use has created unnecessary frustration, delay, and uncertainty for staff and business owners. Proposed Regulations The proposed ordinance provides a regulatory framework to allow small-scale alcohol production facilities in Wheat Ridge. Large-scale alcohol production is classified as “manufacturing,” is allowed in industrial zone districts, and is not addressed by this code amendment. It is proposed the regulations for small-scale alcohol production be based on the size or production volume of an operation and whether the operation has a taproom. Taprooms provide a customer-facing element, which makes a service or retail-oriented zone district a more appropriate location. The provisions of the code amendment are summarized below. • Eating Establishment – The term “eating establishment” is currently used but not defined in the zoning code. A definition is proposed in the ordinance and will allow accessory alcohol production. These types of operations already exist in the City and a definition would provide clarity for future businesses. • Microbrewery, microdistillery, and microwinery – Definitions for each of these terms are proposed in the ordinance and each is based on production volume. The definitions and volume thresholds are consistent with state liquor laws, industry standards, and regulations in other communities. • Taproom – A definition for “taproom” is proposed in the ordinance, and this is the operational feature that would differentiate where in the City small-scale alcohol production is permitted. Those without a taproom would be permitted only in the Industrial-Employment and Mixed Use-Commercial Interstate zone districts. Those with taprooms would require a special use permit in the Neighborhood Commercial and Restricted Commercial zone districts, but would be permitted in all other commercial and mixed-use districts. Staff has worked closely with the Clerk’s Office, which staffs the City’s Liquor Licensing Authority. This code amendment would provide much needed clarity for staff and business owners and would modernize the zoning code relative to a well-established Colorado industry. Council Action Form – Small-scale Alcohol Production April 10, 2017 Page 3 RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 05-2017, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of small-scale alcohol production facilities, on second reading, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 05-2017, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of small-scale alcohol production facilities, for the following reason(s) _________________.” REPORT PREPARED BY: Lauren Mikulak, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 05-2017 2. Draft Meeting Minutes – March 16, 2017 Planning Commission Public Hearing CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MATHEWS COUNCIL BILL NO. 05 ORDINANCE NO. _________ Series 2017 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF SMALL-SCALE ALCOHOL PRODUCTION FACILITIES WHEREAS, the City of Wheat Ridge 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 protection of the public health, safety and welfare; and WHEREAS, in exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws pertaining to zoning, land use, and development; and WHEREAS, the City is witnessing increasing interest from operators of small- scale alcohol producers to locate new facilities in the City of Wheat Ridge; and WHEREAS, the City Council recognizes the possible benefits of allowing this use in the City relative to economic development; and WHEREAS, the City Council finds that this ordinance will provide much needed clarity in the zoning code regarding this use; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 (Definitions) of the Code is amended by the addition of the following definitions in their appropriate alphabetical locations: EATING ESTABLISHMENT. AN ESTABLISHMENT WHERE FOOD AND BEVERAGES ARE PREPARED AND SOLD TO THE PUBLIC, WHICH MAY INCLUDE ACCESSORY ALCOHOL PRODUCTION. MICROBREWERY. A FACILITY THAT PRODUCES NO MORE THAN FIFTEEN THOUSAND (15,000) BARRELS PER YEAR OF FERMENTED MALT OR MALT LIQUOR BEVERAGES ON SITE. MICRODISTILLERY. A FACILITY THAT PRODUCES NO MORE THAN FIFTEEN THOUSAND (15,000) GALLONS PER YEAR OF SPIRITUOUS BEVERAGES ON SITE. MICROWINERY. A FACILITY THAT PRODUCES NO MORE THAN ONE HUNDRED THOUSAND (100,000) GALLONS PER YEAR OF VINOUS BEVERAGES ON SITE. Attachment 1 TAP ROOM. A USE ASSOCIATED WITH AND ON THE SAME PREMISES AS A MICROBREWERY, A MICRODISTILLERY, OR A MICROWINERY FACILITY WHICH SELLS AND SERVES ALCOHOL BEVERAGES FOR CONSUMPTION ON THE LICENSED PREMISES, SELLS ALCOHOL BEVERAGES IN SEALED CONTAINERS FOR CONSUMPTION OFF THE PREMISES, OR BOTH. Section 2. Section 26-204 of the Code, Table of Uses for Commercial and Industrial Districts, is amended by the addition of the following rows in their appropriate alphabetical location: Uses NC RC C-1 C-2 I-E MICROBREWERY, MICRODISTILLERY, OR MICROWINERY; WITH A TAP ROOM S S P P P MICROBREWERY, MICRODISTILLERY, OR MICROWINERY; WITHOUT A TAP ROOM P Section 3. Section 26-1111.B. Permitted Uses, Commercial Services and Retail, in the mixed use zone districts, is amended by the addition of the following rows in their appropriate alphabetical location: Use Group MU-C MU-C Interstate MU-C TOD MU-N Commercial Services and Retail MICROBREWERY, MICRODISTILLERY, OR MICROWINERY; WITH A TAP ROOM P P P P MICROBREWERY, MICRODISTILLERY, OR MICROWINERY; WITHOUT A TAP ROOM P Section 4. 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 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 5 to 0, this 27th day of March, 2017 and 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 April 10, 2017 at 7 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 _______________, 2017. SIGNED by the Mayor on this _____ day of ____________, 2017. _________________________ Joyce Jay, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: March 30, 2017 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us Planning Commission Minutes -1 – March 16, 2017 PLANNING COMMISSION Minutes of Meeting March 16, 2017 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2.ROLL CALL OF MEMBERS Commission Members Present:Dirk Boden Emery Dorsey Donna Kimsey Janet Leo Scott Ohm Vivian Vos Commission Members Absent: Alan Bucknam Amanda Weaver Staff Members Present: Lauren Mikulak, Senior Planner Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner KIMSEY and seconded by Commissioner LEO toapprove the order of the agenda. Motion carried 6-0. 5.APPROVAL OF MINUTES – March 2, 2017 It was moved by Commissioner DORSEY and seconded by Commissioner KIMSEY to approve the minutes of March 2, 2017, as written. Motion passed 6-0. 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. Attachment 2 Planning Commission Minutes -2 – March 16, 2017 7.PUBLIC HEARING A.Case No. ZOA-17-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of small-scale alcohol productionfacilities. Ms. Mikulak gave a short presentation regarding the proposed ordinance. Sheentered into the record the contents of the case file, zoning code and the draft ordinance. She stated public notice requirements have been met, therefore thePlanning Commission has jurisdiction to hear this case. The Commissioners did not have any questions for Ms. Mikulak. It was moved by Commissioner DORSEY and seconded by CommissionerKIMSEY to recommend approval of the proposed ordinance amendingChapter 26 of the Wheat Ridge Code of Laws concerning the regulation ofsmall-scale alcohol production facilities. Motion carried 6-0. B.Case No. ZOA-17-02: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of site design standards for site grading,retaining walls and stormwater facilities. Ms. Mikulak gave a short presentation regarding the proposed ordinance. Sheentered into the record the contents of the case file, zoning code, the contents of the digital presentation and the draft ordinance. She stated public notice requirementshave been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner VOS asked if detention ponds will be adjacent to impervious surfaces and if staff will get to view the developer’s plans. Ms. Mikulak stated that a pond may or may not be adjacent to the impervioussurface depending on the topography and design of the site. Typically, a pond islocated on the the downhill side of a site, so it may or may not be visible. She also explained that staff will see the developer’s plans. Commissioner VOS also asked if this ordinance will apply retroactively to thesubstandard designs that already exist. Ms. Mikulak explained that there will be no provision to make current facilitiesretroactive, but staff will be enforcing landscape maintenance to ensure that what exists is maintained. ITEM NO: DATE: April 10, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2017 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF SITE DESIGN STANDARDS FOR SITE GRADING, RETAINING WALLS AND STORMWATER FACILITIES (CASE NO. ZOA-17-02) PUBLIC HEARING ORDINANCES FOR 1ST READING (03/27/2017) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/10/2017) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: The City’s zoning code currently regulates the design of buildings, landscaping, and parking, but fails to address site grading, stormwater facilities, and retaining walls—all of which can be equally visible elements. The goal of this code amendment is to establish reasonable minimum standards that promote context-sensitive designs for these features. PRIOR ACTION: After witnessing a series of new development projects with substandard designs for stormwater facilities and retaining walls, staff posed the question to City Council as to whether it is appropriate to establish minimum design standards for these features. The issue was discussed with City Council at a study session on December 5, 2016 and with Planning Commission on January 5, 2017. At both meetings, staff proposed a regulatory framework and provided photographic examples of average and upgraded designs. At a public hearing on March 16, 2017, Planning Commission voted to recommend approval of the proposed ordinance, and draft meeting minutes from the public hearing are enclosed. On March 27, 2017, City Council approved the ordinance on first reading by a vote of 4-1. Council Action Form – Site Design Amendments April 10, 2017 Page 2 FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. BACKGROUND: The enclosed ordinance represents a reasonable regulatory balance by promoting higher quality designs, but not being overly burdensome. Proposed Regulations – Stormwater Facilities The purpose of a stormwater facility is to accommodate runoff that results from the impervious surfaces of a development. In some cases, these facilities are constructed below ground, but most often, they are above ground and are visible. Because of requirements to detain stormwater on site for a certain period of time, these facilities often include some type of basin or pond. In some instances, these basins are earthen ponds and in other cases they are constructed from concrete and represent a stark contrast to the natural features and well-articulated structures on a site. The purpose of the proposed regulations is to ensure that stormwater facilities are better integrated into site development and further, that they enhance development through thoughtful design. This could include landscaping, rocks, or surface treatments to concrete structures. Historically, best practice has guided the types of plantings that can be included in stormwater areas, but codified standards will provide more clarity for developers and their design teams. Based on input from Planning Commission, the requirement for upgraded concrete structures is only applicable when visible from a public street or public space. Proposed Regulations – Site Grading and Retaining Walls Because site grading and retaining walls are interrelated, it is proposed they be addressed together. The purpose of the new regulations is to require grading and wall designs that respect existing topography and surrounding properties. The design standards for retaining walls respond to several recent developments where tall retaining walls have been installed immediately adjacent to sidewalks and have created uncomfortable pedestrian environments. The proposed ordinance requires that in public spaces, walls and elevation changes be scaled to the pedestrian by using terracing, landscaping, and material changes. For visual and maintenance reasons, steep slopes are explicitly not permitted. In the spirit of promoting more context-sensitive designs, grading plans must consider the impact to current and future development and rights-of-way. In response to Planning Commission’s recommendation, the ordinance includes a provision restricting turf grass on slopes steeper than 4:1 which, among other things, is difficult to establish and maintain. Applicability These new design standards would apply to new site development in all zone districts, to expansions of stormwater facilities or retaining walls of 15% or more, and to substantial Council Action Form – Site Design Amendments April 10, 2017 Page 3 modifications of stormwater facilities, walls, or site grading. It is proposed the ordinance be located in Article V of the zoning code, which addresses design standards such as landscape, parking and lighting. If the ordinance is approved, the provisions will also be included in the Architectural and Site Design Manual (ASDM), which supplements the zoning code. This document includes photographs and descriptive captions that will help to communicate the standards. Attachment 2 is an excerpt from the ASDM for reference purposes. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 06-2017, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of site design standards for site grading, retaining walls and stormwater facilities, on second reading and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 06-2017, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of site design standards for site grading, retaining walls and stormwater facilities, for the following reason(s) ___________________.” REPORT PREPARED BY: Lauren Mikulak, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 06-2017 2. Draft Meeting Minutes – March 16, 2017 Planning Commission Public Hearing 3. Excerpt from the Architectural and Site Design Manual CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DURAN COUNCIL BILL NO. 06 ORDINANCE NO. _________ Series 2017 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF SITE DESIGN STANDARDS FOR SITE GRADING, RETAINING WALLS AND STORMWATER FACILITIES WHEREAS, the City of Wheat Ridge 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 protection of the public health, safety and welfare; and WHEREAS, in exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws pertaining to zoning, land use, and development; and WHEREAS, Chapter 26 includes regulations to ensure that site grading, retaining walls, and stormwater facilities comply with all technical requirements; and WHEREAS, the City Council recognizes the need for elevating certain site design standards related to site grading, retaining walls, and stormwater facilities; and WHEREAS, the City Council finds that elevating these standards will improve the quality of development projects throughout the City; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Article V. - Design Standards of Chapter 26 of the Code is amended by the addition of a new subsection 26-507, to read in its entirety as follows: SEC. 26-507. STORMWATER FACILITIES. A. PURPOSE. THE PURPOSE OF THESE REGULATIONS IS TO ENSURE THAT STORMWATER FACILITIES ARE INTEGRATED INTO SITE DEVELOPMENT AND ARE DESIGNED TO ENHANCE THE DEVELOPMENT THROUGH THE USE OF INNOVATIVE OR LOW IMPACT DESIGN APPROACHES AND THROUGH THE USE OF MATERIALS AND LANDSCAPING THAT COMPLEMENT THE SURROUNDINGS. B. APPLICABILITY. THE STANDARDS AND REQUIREMENTS OF THIS SECTION SHALL APPLY TO: 1. SITE DEVELOPMENT IN ALL ZONE DISTRICTS; Attachment 1 2. SUBSTANTIAL MODIFICATION OF EXISTING STORMWATER FACILITIES OR EXPANSION OF SUCH FACILITIES BY MORE THAN FIFTEEN (15) PERCENT. C. DESIGN. 1. ALL STORMWATER FACILITIES SHALL BE DESIGNED AND MAINTAINED IN ACCORDANCE WITH THE CITY’S CURRENT SITE DRAINAGE REQUIREMENTS. 2. BELOW THE FIVE (5) YEAR STORMWATER SURFACE ELEVATION, PLANT MATERIAL SHALL BE LIMITED TO WETLAND PLANTINGS, GRASSES, OR OTHER GROUNDCOVERS THAT ENHANCE WATER QUALITY AND ARE APPROPRIATE BASED ON PERIODIC FLOODING AND FACILITY MAINTENANCE NEEDS. TREES AND SHRUBS MAY BE PLANTED ABOVE THE FIVE (5) YEAR STORMWATER SURFACE ELEVATION. 3. FOR CONCRETE STRUCTURES OR BASINS THAT ARE VISIBLE FROM A PUBLIC STREET OR PUBLIC SPACE, ROCKS, LANDSCAPING, AND/OR DECORATIVE CONCRETE SURFACE TREATMENTS SHALL BE UTILIZED TO SOFTEN THEIR APPEARANCE. 4. THE SIDE SLOPES OF STORMWATER FACILITIES SHOULD BE GRADUAL, AND GENERALLY LIMITED TO 4:1 OR LESS. 5. THE TOP EDGE OF SLOPES AND EMBANKMENTS SHOULD BE LANDSCAPED WITH GROUPINGS OF TREES AND SHRUBS. THIS SHALL NOT BE CONSTRUED TO MEAN TREES SPACED ON CENTER. PLANTINGS SHOULD BE LOCATED TO ALLOW MAINTENANCE ACCESS AS NEEDED. Section 2. Article V. - Design Standards of Chapter 26 of the Code is amended by the addition of a new subsection 26-508, to read in its entirety as follows: SEC. 26-508. SITE GRADING AND RETAINING WALLS. A. PURPOSE. THE PURPOSE OF THESE REGULATIONS IS TO ENSURE THAT GRADING DESIGNS RESPECT EXISTING TOPOGRAPHY AND ARE SENSITIVE TO EXISTING LANDFORMS AND THE SURROUNDING PROPERTIES. B. APPLICABILITY. THE STANDARDS AND REQUIREMENTS OF THIS SECTION SHALL APPLY TO: 1. SITE DEVELOPMENT IN ALL ZONE DISTRICTS. 2. SUBSTANTIAL MODIFICATION OF EXISTING RETAINING WALLS OR SITE GRADING OR EXPANSION SUCH WALLS BY MORE THAN FIFTEEN (15) PERCENT. C. DESIGN. 1. WALLS AND ELEVATION CHANGES THAT ARE ADJACENT TO PUBLIC SPACES SHALL BE DESIGNED TO PROVIDE A PEDESTRIAN SCALED ENVIRONMENT THROUGH THE USE OF TERRACING, LANDSCAPING, AND/OR MATERIAL VARIATION. 2. ALL RETAINING WALLS SHALL BE BUILT PER THE REQUIREMENTS OF ANY APPLICABLE CODES, INCLUDING BUT NOT LIMITED TO THE TECHNICAL CODES ADOPTED BY THE CITY AND CONTAINTED IN CHAPTER 5 OF THIS CODE. 3. LANDSCAPING SHALL BE PROVIDED IN COMBINATION WITH RETAINING WALLS TO SOFTEN THE APPEARANCE OF WALLS. 4. ALL TERRACED PLANTING AREAS BETWEEN WALLS SHALL BE OF SUFFICIENT WIDTH TO SUPPORT VEGETATION AND ROOT SYSTEMS. 5. SITE GRADING SHALL NOT ADVERSELY IMPACT ADJACENT PROPERTY AND/OR RIGHTS-OF-WAY. GRADING SHALL ANTICIPATE FUTURE DEVELOPMENT AND SHALL INTEGRATE WITH ADJACENT PROPERTY AND/OR RIGHT-OF-WAY. 6. SLOPES STEEPER THAN 3:1 ARE NOT PERMITTED. GRADES OF 4:1 OR LESS ARE ENCOURAGED. 7. TRANSITION GRADES SHOULD BE ROLLING AND NATURAL RATHER THAN ONE CONTINUOUS STRAIGHT LINE. 8. TURF GRASS SHOULD NOT BE USED ON SLOPES STEEPER THAN 4:1. Section 3. Section 26-1110 of the Code, concerning site design requirements in the mixed use zone districts, is hereby amended by the addition of two (2) new subsections, J and K, to read in their entirety as follows: J. THE REQUIREMENTS OF SECTION 26-507 SHALL APPLY IN ALL MIXED USE ZONE DISTRICTS. K. THE REQUIREMENTS OF SECTION 26-508 SHALL APPLY IN ALL MIXED USE ZONE DISTRICTS. Section 4. 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 5. 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 4 to 1, this 27th day of March, 2017 and 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 April 10, 2017 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 _______________, 2017. SIGNED by the Mayor on this _____ day of ____________, 2017. _________________________ Joyce Jay, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: March 30, 2017 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us Planning Commission Minutes -1 – March 16, 2017 PLANNING COMMISSION Minutes of Meeting March 16, 2017 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2.ROLL CALL OF MEMBERS Commission Members Present:Dirk Boden Emery Dorsey Donna Kimsey Janet Leo Scott Ohm Vivian Vos Commission Members Absent: Alan Bucknam Amanda Weaver Staff Members Present: Lauren Mikulak, Senior Planner Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner KIMSEY and seconded by Commissioner LEO toapprove the order of the agenda. Motion carried 6-0. 5.APPROVAL OF MINUTES – March 2, 2017 It was moved by Commissioner DORSEY and seconded by Commissioner KIMSEY to approve the minutes of March 2, 2017, as written. Motion passed 6-0. 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. Attachment 2 Planning Commission Minutes - 2 – March 16, 2017 7. PUBLIC HEARING A. Case No. ZOA-17-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of small-scale alcohol production facilities. Ms. Mikulak gave a short presentation regarding the proposed ordinance. She entered into the record the contents of the case file, zoning code and the draft ordinance. She stated public notice requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. The Commissioners did not have any questions for Ms. Mikulak. It was moved by Commissioner DORSEY and seconded by Commissioner KIMSEY to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of small-scale alcohol production facilities. Motion carried 6-0. B. Case No. ZOA-17-02: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of site design standards for site grading, retaining walls and stormwater facilities. Ms. Mikulak gave a short presentation regarding the proposed ordinance. She entered into the record the contents of the case file, zoning code, the contents of the digital presentation and the draft ordinance. She stated public notice requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner VOS asked if detention ponds will be adjacent to impervious surfaces and if staff will get to view the developer’s plans. Ms. Mikulak stated that a pond may or may not be adjacent to the impervious surface depending on the topography and design of the site. Typically, a pond is located on the the downhill side of a site, so it may or may not be visible. She also explained that staff will see the developer’s plans. Commissioner VOS also asked if this ordinance will apply retroactively to the substandard designs that already exist. Ms. Mikulak explained that there will be no provision to make current facilities retroactive, but staff will be enforcing landscape maintenance to ensure that what exists is maintained. Planning Commission Minutes - 3 – March 16, 2017 Chair OHM asked if there is a maximum wall height for retaining walls. Ms. Mikulak explained it depends on the type of application. If it is a divisional height, it might be 4 to 6 feet, but if it is required because of the topography of the site that functional purpose might trump the maximum height. In some cases, setbacks might be applied. Chair OHM also asked if walls are allowed on all four side of a detention facility. He also asked about the height of the walls around the facility for fear of anyone falling in and not being able to get out because the walls surrounding are too high. For life safety reasons, Chair OHM suggested terracing around the detention pond so there is not four vertical walls. Ms. Mikulak said she is not aware of anything that prohibits walls on all four sides and the City follows Urban Drainage as guidelines. It was moved by Commissioner LEO and seconded by Commissioner DORSEY to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of site design standards for site grading, retaining walls and stormwater facilities. Chair OHM commented that he would like staff to consider life safety implications when reviewing drainage designs. Motion carried 6-0. 8. OTHER ITEMS A. Election of Officers New officers were elected by secret ballot: Chair: Commissioner OHM Vice Chair: Commissioner BODEN B. Ms. Mikulak let the Commission know that staff’s new Planner Technician is Scott Cutler. There will be no meeting on April 6. 9. ADJOURNMENT It was moved by Commissioner DORSEY and seconded by Commissioner KIMSEY to adjourn the meeting at 7:27 p.m. Motion passed 6-0. __________________________ _______________________________ Scott Ohm, Chair Tammy Odean, Recording Secretary 17Wheat Ridge Architectural and Site Design Manual 3.9 Stormwater Facilities Design Principle: Stormwater facilities should be integrated into site development and be designed to enhance the development through the use of materials and landscaping that complement the surroundings, or through innovative or low impact development approaches. Design Standards: 1.All stormwater facilities shall be designed and maintained in accordance with the City’s current Site Drainage Requirements. 2.Below the 5-year stormwater surface elevation, plant material is limited to wetland plantings, grasses, or other groundcovers that enhance water quality and are appropriate based on periodic flooding and facility maintenance needs. Trees and shrubs may be planted above the 5-year stormwater surface elevation. 3.For concrete structures or basins that are visible from a public street or public space, rocks, landscaping, and/or decorative concrete surface treatments shall be utilized to soften their appearance. Design Guidelines: 4.The side slopes of stormwater facilities should be gradual, and generally limited to 4:1 or less. 5.The top edge of slopes and embankments should be landscaped with groupings of trees and shrubs. Plantings should be located to allow maintenance access as needed. Stormwater Facilities. Rocks and wetland plantings make this drainage channel a visual amenity that complements the area. Chapter 3 - Site Design Stormwater Facilities. Trees, wetland plantings, and stone walls (natural or stamped) soften stormwater facilities that are visible from a public street. Attachment 3 18 Wheat Ridge Architectural and Site Design Manual 3.10 Site Grading and Retaining Walls Design Principle: Grading designs should respect the existing topography and be sensitive to existing landforms and surrounding properties. Design Standards: 1. Walls and elevation changes that are adjacent to public spaces shall be designed to provide a pedestrian scaled environment through the use of terracing, landscaping, and/or material variation. 2. All retaining walls shall be built per the requirements of the applicable building codes. 3. Landscaping shall be provided in combination with retaining walls to soften their appearance. 4. All terraced planting areas between walls shall be of sufficient width to support vegetation and root systems. 5. Site grading shall not adversely impact adjacent property and/ or right-of-way, and shall anticipate future development and integration of adjacent property and/or right-of-way. 6. Grades of 4:1 or less are encouraged, slopes steeper than 3:1 are not permitted. Design Guidelines: 7. Transition grades should be rolling and natural rather than one continuous straight line. 8. Turf grass should not be used on slopes steeper than 4:1. Site Grading and Retaining Walls. A pedestrian scaled environment shall be provided when walls and elevation changes are next to public space. Site Grading and Retaining Walls. Transition grades should be rolling rather than one continuous straight line. Straight Slope Rolling Slope Site Grading and Retaining Walls. Large grade changes can be accommodated in an attractive manner through the use of terraces and landscaping. ITEM NO: DATE: April 10, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2017 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4255 YARROW STREET FROM RESIDENTIAL-TWO (R-2) TO MIXED USE NEIGHBORHOOD (MU-N) (CASE NO. WZ-16- 08/ENVIROFINANCE GROUP) PUBLIC HEARING ORDINANCES FOR 1ST READING (03/13/2017) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/10/2017) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Residential-Two to Mixed Use Neighborhood (MU-N) for property located at 4255 Yarrow Street. The purpose of the rezoning is to modify and expand the list of permitted uses and to simplify the review and approval process for future redevelopment on the property. PRIOR ACTION: Planning Commission heard this request at a public hearing on February 16, 2017, and gave a recommendation of approval. The staff report and meeting minutes from that meeting are attached. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1,390 were collected for the review and processing of Case No. WZ-16-08. If the proposed rezoning is approved, there could be an advancement of the City’s goals for the redevelopment of underutilized properties and increased housing choices in the community. Council Action Form – EnviroFinance Group April 10, 2017 Page 2 BACKGROUND: The site is located at 4255 Yarrow Street, south of 44th Avenue and west of Wadsworth Blvd. According to the Jefferson County Assessor, the property is 4.52 acres in size and is unplatted. The property contains a non-conforming greenhouse that was constructed in the 1940’s, with minor modifications completed subsequently. The building is currently vacant. Both the building and site are generally in disrepair. The subject property is “L”-shaped and has roughly 400 feet of frontage along Yarrow Street and roughly 275 feet of street frontage along 42nd Avenue. The property has significant environmental contamination from the pesticides and fuel used by the greenhouse. The contamination will require remediation prior to any disturbance of soil on the site. West 44th Avenue carries between 11,000 and 12,000 vehicles per day and land use on the corridor includes a variety of commercial, residential and multi-family uses. Investment along this portion of West 44th Avenue includes newer medical offices and most recently, completion of an assisted living community directly to the north. With regard to traffic impacts, based on trip generation information reviewed during the referral process, it has been determined that the local streets are adequate to support the rezoning request and a full traffic study was not required. Additional traffic analysis will be required during the administrative site plan review process, including further consideration of whether a traffic signal is warranted at 44th and Yarrow. Attached is preliminary traffic information submitted by the applicant. Surrounding Land Uses Surrounding properties include a variety of land uses. Immediately to the west is a parcel zoned Residential-Two (R-2) that contains a community garden, owned by the City of Wheat Ridge, known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single-family dwellings. The roughly one-acre property to the south is zoned R-2 and contains a single family home. Beyond this to the south is Wilmore-Davis Elementary School and its associated play fields. Also on the southern side of the subject property are properties zoned R-2 that contain single-family homes. To the east is a multi-family property zoned Residential Three (R-3). Properties to the north front 44th Avenue and contain a variety of commercial businesses and are zoned Commercial-One (C-1). Current and Proposed Zoning The existing zoning on the property is Residential-Two (R-2) which allows low density single and two-family construction. The applicant is requesting the property be rezoned to Mixed Use – Neighborhood (MU-N) to allow the construction of a new multi-family housing development. The MU-N zoning allows a variety of residential, commercial and civic land uses. Multi-family development in the MU-N zone district is allowed at a density of up to 21 units per acre and a maximum height of 35 feet, consistent with the City Charter limitations. Council Action Form – EnviroFinance Group April 10, 2017 Page 3 The MU-N zone district has been established for locations along neighborhood main streets and at neighborhood commercial centers. It was established to encourage medium to high density mixed use development. As there are a wide variety of land uses in the surrounding area, a zone change to MU-N at this location could provide an appropriate transition from the more intense commercial land uses along 44th Avenue to the single-family homes to the south. Staff believes multi-family residential redevelopment of the property is appropriate and consistent with applicable policy documents adopted by the City. 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 development. RECOMMENDED MOTION: “I move to approve Council Bill No. 03-2017, an ordinance approving the rezoning of property located at 4255 Yarrow Street from Residential-Two (R-2) to Mixed Use – Neighborhood (MU-N) on second reading and that it take effect 15 days after final publication for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the “criteria for review” in Section 26-112-E of the Code of Laws.” Or, “I move to table indefinitely Council Bill No. 03-2017, an ordinance approving the rezoning of property located at 4255 Yarrow Street from Residential-Two (R-2) to Mixed Use – Neighborhood (MU-N) 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. 03-2017 2. Planning Commission staff report with attachments 3. Planning Commission minutes 4. Preliminary traffic information CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DAVIS COUNCIL BILL NO. 03 ORDINANCE NO. _________ Series of 2017 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4255 YARROW STREET FROM RESIDENTIAL-TWO (R-2) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-16-08/ENVIROFINANCE GROUP) 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, EnviroFinance Group, LLC has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for property located at 4255 Yarrow Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan – Envision Wheat Ridge — which calls for the redevelopment of and reinvestment in underutilized properties; and, WHEREAS, The City of Wheat Ridge has adopted the Wadsworth Corridor Plan which designates the property as Medium High Density Residential; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 16, 2017 and voted to recommend approval of rezoning the property to Mixed Use-Neighborhood (MU-N) , NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by EnviroFinance Group, LLC for approval of a zone change ordinance from Residential –Two (R-2) to Mixed Use-Neighborhood (MU-N) for property located at 4255 Yarrow 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 A: THAT PART OF THE NEORTHWEST ¼ OF THE NORTHEAST ¼ OF THE SOUTHWEST ¼ SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH BEARS NORTH [OO ’15 ‘28] EAST, 160 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST ¼ ON THE WEST LINE THEREOF; THENCE NORTH ALONG THE EAST LINE OF SAID NORTHEWEST ¼ DISTANCE OF [234] FEET; THENCE EAST PARALLEL TO Attachment 1 THE SOUTH BOUNDARY OF SAID NORTHWEST ¼ TO THE WEST BOUNDARY LINE YARROW STREET AS DESCRIBED IN INSTRUMENT RECORDED DECEMBER 4, 1961 IN BOOK [1429] AT PAGE [526], JEFFERSON COUNTY RECORDS; THENCE SOUTH [00 ‘17’ ‘44’] WEST ALONG THE WEST LINE OF YARROW STREET TO A POINT [15] FEET NORTH OF THE SOUTH BOUNDARY LINE OF SAID NORTHWEST ¼; THENCE TO THE RIGHT ALONG THE ARC OF A CURVE, HAVING A RADIUS OF [15] FEET, A DISTANCE OF [23.56] FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST [1/4]; THENCE NORTH [89 “47 ‘ 19”] WEST ALONG THE SOUTH LINE OF SAID NORTHWEST ¼ A ISTANCE OF [260.72 FEET; THENCE NORTH PARALLEL TO THE WEST BOUNDARY LINE OF SAID NORTHWEST ¼ A DISTANCE OF [160] FEET; THENCE WEST AND PARALLEL TO THE SOUTHERLY LINE OF SAID NORTHWEST ¼ A DISTANCE OF [358] FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL B: ACCESS AND EASEMENT MAINTENANCE EASEMENTS AS GRANTED AND SET FORTH IN THE WARRANTY DEED RECORDED [AUGUST 26, 1976] IN BOOK [2894] AT PAGE [513]. SUBJECT TO ALL RIGHTS OF WAY AND EASEMENTS OF RECORD. PARCEL C: THAT PART OF THE NEORTHWEST ¼ OF THE NORTHEAST ¼ OF THE SOUTHWEST ¼ SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST ¼ AND FOLLOWING THE WEST LINE THEREOF NORTH [0”15 ‘ 28] EAST A DISTANCE OF [394.00] FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE RECORDED AUGUST 26, 1976IN BOOK [2894] AT PAGE [513], SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE CHARLES GRAUL JR. MINOR SUBDIVISION; THENCE SOUTH [89 “ 47 “ 19”] EAST ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED AUGUST 26, 1976IN BOOK [2894] AT PAGE [513] A DISTANCE OF [104.15] FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID PARCEL SOUTH [89 “ 47 ‘ 19’] EAST A DISTANCE OF [529.99] FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF YARROW STREET; THENCE FOLLOWING THE WEST RIGHT OF WAY LINE OF YARROW STREET NORTH [0 “17’ 44”] EAST A DISTANCE OF [7.10] FEET TO THE SOUTHEAST CORNER OF THE CHARLES GRAUL JR. MINOR SUBDIVISION; THENCE FOLLOWING THE SOUTH LINE OF THE CHARLES GRAUL JR. MINOR SUBDIVISION NORTH [89 “ 47 ‘ 52 ‘] WEST A DISTANCE OF [530.0] FEET; THENCE SOUTH [ 0 “ 15 ‘ 28 ‘] WEST A DSITANCE OF [7.02] FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF JEFFERSON, STATE OF COLORADO PARCEL D: NON-EXCLUSIVE EASEMENT FOR SEWER LINE AS GRANTED AND SET FORTH IN EASEMENT AGREEMENT RECORDED MAY 18, 2009 UNDER RECEPTION NO. 2009044993. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on this 13th day of March 2017, ordered it published with Public Hearing and consideration on final passage set for Monday, April 10, 2017 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2017. SIGNED by the Mayor on this _______ day of _______________, 2017. ______________________________________ Joyce Jay, Mayor ATTEST: _______________________________________ Janelle Shaver, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: March 16, 2017 2nd publication: Wheat Ridge Transcript: Effective Date: CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: February 16, 2017 CASE NO. & NAME: WZ-16-08/EnviroFinance Group (EFG) ACTION REQUESTED: Approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) LOCATION OF REQUEST: 4255 Yarrow Street PROPERTY OWNER: JDB, LLC APPROXIMATE AREA: 4.52 acres PRESENT ZONING: Residential-Two (R-2) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION SITE Planning Commission WZ-16-08/EFG 2 Attachment 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a zone change from Residential-Two (R-2) to Mixed Use – Neighborhood (MU-N) for property located at 4255 Yarrow Street. The zone change is the first step of the process for approval for redevelopment of this site under MU-N zoning. If approved, and prior to any construction, a site development plan review will be required to confirm compliance with the city zoning code and the Architectural and Site Design Manual. 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 process for future development on the property. (Exhibit 1, Applicant Letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The site is located at 4255 Yarrow Street, south of 44th Avenue and west of Wadsworth Blvd. According to the Jefferson County Assessor, the property is 4.52 acres in size and is unplatted. (Exhibit 2, Aerial Photo) The property contains a non-conforming greenhouse that was constructed in the 1940’s, with minor modifications completed subsequently. The building is currently vacant. The subject property is “L”-shaped and has roughly 400 feet of street frontage along Yarrow Street and roughly 275 feet of street frontage along 42nd Avenue. (Exhibit 3 – ALTA survey) The property is currently contaminated due to pesticides and fuel used with the prior greenhouse use. The contamination will have to be remediated prior to any disturbance of soil on the site (Exhibit 4, Site Photos) Surrounding properties include a variety of land uses. Immediately to the west is a parcel zoned Residential-Two (R-2) that contains an urban garden, owned by the City of Wheat Ridge, known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single-family dwellings. The roughly 1-acre property to the south is zoned R-2 and contains a single family home. Beyond this to the south is Wilmore-Davis Elementary School and its associated play fields. Also on the southern side of the subject property are properties zoned R-2 that contain single-family homes. To the east is a multi-family property zoned Residential Three (R-3). Properties to the north front 44th Avenue, containing a variety of commercial businesses, are zoned Commercial-One (C-1). A new assisted living facility was recently completed at the southwest corner of 44th and Yarrow Street. (Exhibit 5, Zoning Map III. PROPOSED ZONING The existing zoning on the property is Residential-Two (R-2) which allows low density single and two family construction. The applicant is requesting the property be rezoned to Mixed Use – Neighborhood (MU-N) to allow the construction of a new multi-family housing development. Planning Commission WZ-16-08/EFG 3 Attachment 2 The MU-N zoning allows a variety of residential, commercial and civic land uses. Multi-family development in the MU-N zone district is allowed at a density of up to 21 units per acre, consistent with the City Charter limitations. The MU-N zone district has been established for locations along neighborhood main streets and at neighborhood commercial centers. It was established to encourage medium to high density mixed use development. As there is a wide variety of land uses in the surrounding area, a zone change to MU-N at this location could provide an appropriate transition from more intense commercial land uses along 44th Avenue to the single-family homes to the south. Staff believes multi-family residential redevelopment of the property is appropriate and consistent with applicable policy documents adopted by the City. In addition to residential and civic uses, the MU-N zone district allows for a wide range of commercial and retail uses. The applicant has indicated that the property is not suitable for commercial land uses due to its lack of visibility and frontage on 44th Avenue. This is articulated in the applicant’s submittal letter labeled as Exhibit 1. The following table compares the existing R-2 zoning and proposed MU-N zoning for the property. Development Standard R-2 zoning MU-N zoning Uses Single family and two family residential Residential and commercial uses (office, service and retail, restaurant) including multi- family and live/work facilities Architectural Standards None Mixed Use development standards specified in zone district – similar to ASDM Max. Building Height 35’ 35’ for any building having a residential use; 50’ for any building having a commercial use Max. Lot Coverage 40% 85% to 90% Min. Landscaping N/A Mixed use – 10% Single use - 15% Min. Front Setback 25’ 0’ – 20’ build to If the rezoning is approved, the applicant would then submit for administrative plan review and plat. The design for the property would be held to the standards set forth in the zoning code and the architectural and site design standards contained in the Mixed- Use zone district regulations. Planning Commission WZ-16-08/EFG 4 Attachment 2 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 significant adverse effects on the surrounding area. The change of zone promotes the health, safety, and general welfare of the community and will not result in significant adverse effects on the surrounding area. The property is currently unmaintained with dilapidated buildings and various code violations including weeds and the presence of vermin. The MU-N zoning is expected to add value to the subject property and to the surrounding community. The mixed use development standards will promote compatibility between future development and existing surrounding land uses including building stepbacks and buffering. With regard to traffic impacts, based on trip generation information reviewed during the referral process, it has been determined that the local streets are adequate to support the rezoning request and a full traffic study was not required. Additional traffic analysis will be required during the administrative site plan review process, including further consideration of whether a traffic signal might be warranted at 44th and Yarrow. While staff does not believe that a traffic signal will be warranted based on the densities allowed under MU-N zoning, staff is recommending a condition of approval noting that if warranted, the applicant will be responsible for the proportional share of the cost of such signal installation. 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, an administrative site development plan application will be required and referred to all impacted utility and service agencies 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. Planning Commission WZ-16-08/EFG 5 Attachment 2 The proposed zoning is consistent with the policies and goals in the City’s comprehensive plan—Envision Wheat Ridge which was adopted in 2009. The Structure Plan map in Envision Wheat Ridge illustrates the community’s vision by classifying different types of development areas and transportation corridors. The Structure Plan for this area depicts, W. 44th Avenue is shown as being as a Neighborhood Commercial Corridor (shown as pink dots) transitioning into Neighborhood to the south (represented by yellow). . Goals identified for Neighborhood Commercial Corridors include: • Encouraging improvement of underutilized properties. • Increasing housing options • Ensuring quality design for development and redevelopment • Redevelopment and reinvestment in underutilized areas with denser, high quality development. The category of Neighborhood are areas typically bounded by arterial and collector streets. Envision Wheat Ridge further breaks down the definition of Neighborhood to identify Stable Neighborhoods and Areas for Revitalization. Revitalization areas are generally over one-half an acre in size and have pockets of property that might benefit from reinvestment. Many times these properties require special attention due to dilapidated structures, code enforcement issues, incompatible uses and safety. Happiness Gardens to the west of the subject property is shown in green as Parks and Open Space. Further to the east, is the Wadsworth Corridor designated in red. Site Planning Commission WZ-16-08/EFG 6 Attachment 2 Goals met with the proposal include the redevelopment of and reinvestment in underutilized properties with denser, high quality development. Development of the site will eliminate an attractive nuisance and allow new housing choices for existing residents and those coming to the City of Wheat Ridge. The property is also located on the western edge of the Wadsworth Subarea Corridor Plan where it is designated as Medium High Density Residential in the Recommended Land Use map. 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. West 44th Avenue carries between 11,000 and 12,000 vehicles per day and land use on the corridor includes a variety of commercial, residential and multi-family uses. Investment has been realized along this portion of West 44th Avenue that includes newer medical offices and most recently, completion of an assisted living community directly to the north. The zone change will promote reuse and redevelopment of the property, which could act as a catalyst for additional redevelopment and property investment in the area. Staff concludes that this criterion has been met. Site Planning Commission WZ-16-08/EFG 7 Attachment 2 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 is consistent with the Comprehensive Plan and other supporting documents; therefore this criterion is not applicable. 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 December 15, 2016. In addition to the applicants, roughly 10 persons were in attendance. Discussion topics are addressed in the neighborhood meeting notes. (Exhibits 6 and 7, Neighborhood Meeting Notes and Sign-up sheets) VI. AGENCY REFERRAL All affected City departments and 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 Parks and Recreation Department: No specific comments at this time. If the application moves forward, they will work with Planning staff and the applicant to discuss interface between Happiness Gardens and the proposed development. Wheat Ridge Police Department: Has no issues with the zone change. Wheat Ridge Public Works: Has no comments regarding drainage at this time. A drainage plan will be required to be reviewed as part of the site plan and plat processes. Preliminary traffic information has been reviewed by Public Works. Additional traffic information will be required at the time of administrative site plan review. Wheat Ridge Sanitation District: No objections. Can serve the property with an existing line in Yarrow 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. Planning Commission WZ-16-08/EFG 8 Attachment 2 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 and the Wadsworth Subarea Plan. The zone change will promote redevelopment and revitalization of the property and 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-16-08 with one condition included in the recommended motion.. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-16-08, a request for approval of a zone change from Residential-Two (R-2) to Mixed Use – Neighborhood (MU-N) for property located at 4255 Yarrow 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 and the Wadsworth Subarea Plan. 3. The zone change will promote redevelopment and revitalization of the property and may serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteria used to evaluate a zone change support the request. With the following condition: 1. Additional traffic information be submitted at the time of administrative site plan review to determine whether the installation of a traffic signal at the corner of 44th and Yarrow is warranted. If it is warranted, the applicant will be responsible for the proportional share of the cost of such signal installation.” Option B: “I move to recommend DENIAL of Case No. WZ-16-08, a request for approval of a zone change from Residential-Two (R-2) to Mixed Use – Neighborhood (MU-N) for property located at 4255 Yarrow Street for the following reasons: 1. 2. …” Planning Commission WZ-16-08/EFG 9 Attachment 2 Rezoning Application Written Request and Description of Proposal 4255 Yarrow St. Wheat Ridge, CO Current Zoning: R-2 Proposed Zoning: MU-N Background: 4255 Yarrow Street is a 4.52 acre parcel of land, currently zoned R-2 and occupied by a 106,000 square foot greenhouse. Following decades of productive use as greenhouse growing flowers, landscaping, and produce, the property now sits vacant and blighted. Compromised by environmental contamination, the property is no longer viable as a greenhouse or re-developable consistent with the underlying zoning. EnviroFinance Group, LLC (applicant) is under contract to acquire the property from the current owner, JDB, LLC, and proposes to redevelop the subject property into a medium density residential development, comprised of townhomes or a mix of townhomes and a small apartment or mixed-use building, consistent with the City of Wheat Ridge’s Comprehensive Plan, the Wadsworth Corridor Subarea Plan, and the proposed Mixed Use – Neighborhood zone district (MU-N). Response to zone change review criteria #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. Consistent with the adopted Wadsworth Corridor Subarea Plan, the change of zone will allow for medium density residential development and/or a mix of neighborhood serving commercial development; thereby creating a balanced mix of land uses. The added density will help support a sustainable and resilient local economy along W. 44th Ave. and Wadsworth Blvd., while maintaining the character and integrity of adjacent residential neighborhoods. Immediately adjacent to two key commercial corridors, a neighborhood school, and a community garden, this change of zone will enable opportunities for unique places for people to live, work, shop, and play; as well as promote use by pedestrians, bicyclists, and transit users; and encourage active lifestyles. As such, 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 location of the property, between a single-family residential neighborhood to the south and west and two commercial corridors to the north and east, makes it an ideal candidate for MU-N zoning, helping to create the zone of transition contemplated by City plans. MU-N zoning allows the property to achieve many of the City’s goals while protecting the character of the surrounding single-family neighborhood. Adding residential density achieves the goal of transitioning height from Main Street or Neighborhood Commercial Corridors to single-family neighborhoods, and provides new households to support the commercial activity of the corridors, Exhibit 1 – Applicant letter Planning Commission WZ-16-08/EFG 10 Attachment 2 as well as the nearby school and gardens. Encouraging residential density within walking distance to commercial corridors also helps alleviate traffic congestion. While higher density residential development is the central objective of MU-N zoning, it also allows for commercial uses. Practically speaking, the location of the property fronting along Yarrow Street (as opposed to frontage along 44th or Wadsworth) means that commercial development on the property is very unlikely. This is especially true now that 7850 West 44th Avenue (the adjoining property at the corner of 44th and Yarrow) has been developed as assisted living. Nevertheless, to protect against potential negative impacts from commercial uses on surrounding properties, MU-N zoning has built in use restrictions, excluding uses such as storage, warehouse, industrial, and large retail; as well as providing guidance and requirements on design elements. Should a commercial use be viable in this location, these requirements help to ensure development is consistent with community expectations and set parameters for density, height, setbacks, open space, and more. To that end, the potential for commercial development on the property is likely limited to smaller neighborhood serving retail, such as a coffee shop, integrated into the ground floor of a multi-family development. A commercial use such as this can be integrated into the site plan and serve both the residents of this property, as well as surrounding neighbors and offices. Finally, the change of zoning will encourage reinvestment in and redevelopment of a contaminated, blighted property and eliminate the negative impacts on the surrounding residential and commercial property. As such, the proposed change of zone is a sensible step towards preserving the public health, safety, and general welfare of the citizens of Wheat Ridge, and a proactive step to support the positive planned growth of W. 44th Ave. and Wadsworth Blvd. Response to zone change review criteria #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. Applicant confirms that 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. Dry Utilities: The site is currently served by electricity and gas (Xcel). Water and Sanitation: The Wheat Ridge Water District and Wheat Ridge Sanitation District have confirmed there is adequate infrastructure to support a 10-21 unit per acre mixed-use project. An extension of a sewer line down Yarrow St. may be necessary and will be accommodated as part of development. Transportation: Vehicular – Most of the vehicular access to and from the site will be though the regional highway network of I-70 and Wadsworth Blvd. (SH 121) east and north of the site. To a lesser extent Colfax (US 40) and 6th Avenue (US 6) will serve trips south of the site. Planning Commission WZ-16-08/EFG 11 Attachment 2 Wadsworth Blvd. as a major arterial roadway with four capacity lanes plus auxiliary and turn lanes is a primary north/south connection to the regional network. Wadsworth Blvd. intersects with W. 44th Ave. and W. 41st Ave. which connect to the local roadways serving the site. W. 44th Ave. is the closest east/west roadway to the site and transitions from the Wadsworth traffic signal controlled intersection to a four lane main collector/minor arterial with four capacity lanes and no turn lanes. W. 41st Ave., south of the site, is a local street that intersects with Wadsworth Blvd. at a two-way stop condition. W. 41st Ave. intersects with Yarrow Court which serves the site. Two site access locations are anticipated off Yarrow Street along the east property line. Yarrow Street, a local street with an approximate width of 33 feet, supports two north/south lanes and on-street parking on both sides of the street. Yarrow St. is currently not striped and is stop controlled at the W. 44th Ave. intersection. Yarrow St. terminates at W. 42nd Ave. in an elbow configuration. One site access is proposed off W. 42nd Ave. west of an intersection with Yarrow Ct. Yarrow Ct. intersects with W. a “T” configuration south of the site. Planned City roadway improvements include the widening of Wadsworth Blvd. to six capacity plus turn lanes. Future plans also include a traffic signal at the W. 41st Avenue and Wadsworth Blvd. intersection. Bicycle – There are currently no dedicated bicycle facility in the vicinity of the site, however the Wadsworth Blvd. planning study and the City of Wheat Ridge Comprehensive Plan indicates Bike lanes on Wadsworth Blvd. and W. 44th Ave. Pedestrian – There are currently attached sidewalks on the perimeter streets including Wadsworth Blvd., W. 44th Ave., Yarrow St., and W. 41st Ave. The Wheat Ridge Comprehensive Plan indicates sidewalks with buffer on Wadsworth Blvd. Transit – Transit in the area includes RTD Bus service on Wadsworth Blvd., W. 44th Ave., and 38th Ave. In addition, the Gold Line commuter rail, approximately 1.8 miles from the site, provides service to downtown Denver and Ward Road in western Wheat Ridge. Trip Generation – Vehicle trips associated with the proposed change of zone were calculated by Matrix Design Group using the Trip Generation Manual, 9th Edition, Institute of Transportation Engineers. Two land use scenarios were assumed. The first scenario maxes out the allowable residential density and considers 40 apartment units and 55 townhouse units. The second “expected” scenario assumes a market driven outcome and considers 70 townhouse units. The 40 apartment units and 55 townhouse units generates the most traffic between the two scenario with 749 ADT and 57 AM peak hour, and 77 PM peak hour trips. The expected outcome of 70 townhouse units generates 472 ADT and 39 AM peak hour, and 54 PM peak hour trips. Applicant acknowledges that the City of Wheat Ridge criteria require that a site plan generating more than 60 peak hour trips will require a Traffic Impact Study (TIS) at the time of submittal. Planning Commission WZ-16-08/EFG 12 Attachment 2 Storm Drainage: This site is located on a FEMA Zone X and according to the FEMA website this means the site is outside the 0.2% chance floodplain and at low to moderate risk of flooding. Storage and treatment of runoff on sites in the City of Wheat Ridge is required for all developments within city limits. All detention facilities, unless designated as regional detention facilities by the City of Wheat Ridge, are to be privately owned and maintained. Redevelopment of the site under the proposed zoning would be classified as a Major Redevelopment according to the City of Wheat Ridge Site Drainage Requirements because it will disturb more than 10,000 square feet of the existing impervious area of the site. Applicant acknowledges that there is no existing storm water drainage infrastructure on or adjacent to the site and, as such, the site will likely need to provide full infiltration for the detention facility and that storm water plans and reports will require review and approval by the City of Wheat Ridge Public Works department. CONCLUSION: Regardless of the proposed zone change, redevelopment of the property known as 4255 Yarrow will require an onsite detention and infiltration system for storm drainage infrastructure to support development. With the construction of an infiltration facility, no storm water infrastructure improvements are anticipated to be required off-site to provide service to this project. Any project developed under the current or proposed zone will follow the City of Wheat Ridge City Code and City of Wheat Ridge Engineering Regulations and Design Standards for concept and formal submittals to obtain services. No offsite dry utility or water infrastructure will be required to support redevelopment of the property. Modest upgrades to the existing sanitary sewer pipe in Yarrow Street are expected. Expected transportation related improvements are sidewalks, curb ramps at entrance drives, and signing at access locations, as well as possible signing and striping improvement along Yarrow Street. Response to zone change review criteria #3a: 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 city-approved policies or plans for the area. The proposed zone change is consistent with the Envision Wheat Ridge Comprehensive Plan and the Wadsworth Corridor Subarea Plan, and is a catalyst to achieve a number of the stated goals and strategies set forth in these plans. In certain areas, zone change is needed to bring the property into conformance with these plans. Envision Wheat Ridge Comprehensive Plan Two of the six stated key values of the Envision Wheat Ridge Comprehensive Plan—Creating a Resilient Local Economy Based on a Balanced Mix of Land Uses and Promoting Vibrant Neighborhoods and an Array of Housing Options—are directly enhanced through a zone change to MU-N. More specifically, the following excerpts speak to the connection between this zone change and conformance with the Envision Wheat Ridge Comprehensive Plan. Planning Commission WZ-16-08/EFG 13 Attachment 2 CHAPTER 4: Economy and Land Use “In order for Wheat Ridge to continue to be viable residential community, and to maintain existing levels of services (such as police protection, roadway maintenance, and parks and recreation amenities) the City must chart a new course for the future to establish a diverse mix of land uses to build and sustain a broad and resilient tax base.” Economy and Land Use Goal 2: “Attract quality retail development and actively retain existing retailers to locate in Wheat Ridge.” Economy and Land Use Goal 4: “Increase the diversity of land uses.” Economy and Land Use Policy 4.1 – Efficient Use of Limited Land: “Because of the limited amount of land available for new development, the City will require efficient use of newly developing and redeveloping areas by promoting higher-intensity development.” Economy and Land Use Policy 4.1 – Efficient Use of Limited Land, Strategies A and B: “A-Emphasize mixed-use development in developing and redeveloping areas”, “B-Develop a new mixed-use zoning district and associated land use regulations.” Economy and Land Use Goal 5: “Revitalize key redevelopment areas.” A zone change to MU-N provides a critical mass to support existing and future retail, diversifies existing land uses, revitalizes a key redevelopment area near W. 44th Ave. and Wadsworth Blvd., and deploys the City’s new mixed-use zoning. Additionally, townhomes, a development outcome not possible under the current zone, can often offer greater square footage than nearby single family homes, and are new construction, leading to increased property tax for the City. With “nearly 60% of general City revenues coming from sales tax” (pg. 33), the density associated with MU-N offers an opportunity to bolster property tax as a complement to sales tax. CHAPTER 5: Neighborhoods and Housing “The edges of neighborhoods, displayed as Neighborhood Buffer Areas on the Structure Plan, correspond with areas that have generally shifted away from predominately single-family owner-occupied uses over time, to a mix of uses . . . . According to the NRS, the homogenous nature of the city’s housing stock is a somewhat limiting factor in attracting new residents and households. This is due to the fact that the housing types available in Wheat Ridge are generally older and smaller than the current Jefferson County market demands . . . .As reinvestment and redevelopment occur in revitalization and Neighborhood Buffer areas, it will be important to add new housing types.” Neighborhoods and Housing Goal 2: “Increase housing options.” Neighborhoods and Housing Policy 2.1: “The City will direct the development of new housing types such as townhomes, condos/lofts, and senior living units (especially in Neighborhood Revitalization, Neighborhood Buffer, and other mixed-use areas) to meet market demand.” Neighborhoods and Housing Goal 4: “Stimulate investment and redevelopment in Neighborhood Buffer Areas.” Planning Commission WZ-16-08/EFG 14 Attachment 2 The property is located adjacent to a Neighborhood Buffer area, MU-N provides variety of housing options in a way R-2 cannot, and responds to the market by providing more square footage than the current single family housing stock pervasive in Wheat Ridge. In addition to diversifying the available housing options, the proposed zone change will help facilitate new families moving Wheat Ridge. CHAPTER 7: Transportation “While the city’s established bus transit and trail systems are tremendous assets, there are opportunities to improve the linkages between these systems and existing neighborhoods and future activity centers. One of the primary opportunities will arise with the opening of the Gold Line commuter rail corridor that is planned for 2016.” Transportation Goal 4: “Improve the coordination between transportation improvements and future land use decisions.” This property takes advantage of the existing W. 44th Ave. RTD bus route and is conveniently located 1.8 miles south of the RTD Gold Line Olde Town Arvada station. CHAPTER 9: Sustainable Future “A sustainable community recognizes the importance of economic prosperity (both for individuals and the community as a whole) . . . . A sustainable community maintains property values and retains strong households.” Sustainable Future Goal 1: “Establish and maintain a resilient and sustainable tax base.” Sustainable Future Policy 1.1 – Coordinated Planning, Strategy B: “Focus on attracting strong households and a healthy mix of ages within the community.” MU-N allows for an array of housing types, such as townhomes. Townhomes offer larger square footage than many of the surrounding single family homes, and are ideal for young families or baby boomers looking to downsize from large properties. CHAPTER 10: Plan Implementation Code Amendments to Achieve Economic and Land Use Goals: “In general, the perception of Wheat Ridge’s development review process is that it has become more challenging over the years—in part because Wheat Ridge is mostly built out, but also because the Code and regulatory structure is overly complex, somewhat out-of-date (standards and procedures), and unpredictable. It also contains regulatory “barriers” to achieve desirable patterns, such as mixed-use development.” Code Amendments to Achieve Economic and Land Use Goals – Planned Developments—Over Reliance and Unpredictability: “In addition, the Code promotes overreliance on Planned Developments (PDs) for new development instead of using straight zoning districts and standards. This means development projects require multiple review steps and are subject to a high degree of discretion rather than objective standards. As a result, predictability for developers, neighborhoods, and decision-makers is low. In addition, the requirement for rezoning to PDs adds another step to the process and adds uncertainty for new developments, Planning Commission WZ-16-08/EFG 15 Attachment 2 which can be expensive and unpredictable for businesses and industries and frustrating for neighbors.” General Recommendations for New Mixed-Use Zoning Districts – Develop New Mixed-Use Zoning: “Drawing from the Architectural and Site Design Manual, the City could develop new mixed-use zoning district(s). Standards would not only ensure quality architectural design, but also address planning. For examples, they could require new projects to provide transition or buffers near single family neighborhoods, allow for shared parking, relax front setback standards so buildings relate to the street, provide ample pedestrian features, and encourage (not just allow) public gathering spaces and public art. New projects would also need to maintain essential components of Wheat Ridge’s character, including landscaping and trees, and other appropriate themes.” For all of the reasons stated in previous pages, a zone change is critical for redevelopment of this property, and redevelopment to medium density is an effective way to advance many of Wheat Ridge’s stated goals. A zone change to MU-N allows this desired development and puts into practice a new zoning district that Wheat Ridge’s has proactively developed to catalyze the type of development and impact it is looking for, while maintaining a level of quality control. In the case of a contaminated site such as this one, the City’s Mixed Use zone district encourages redevelopment of a site already burdened by the regulatory demands of remediation. Wadsworth Corridor Subarea Plan Two of the Wadsworth Corridor Subarea Plan’s eight goals—Improve the success of businesses along Wadsworth Boulevard and Create a town center with vitality, attractive shopping and a gathering space for the community—are aided by a zone change for this property to MU-N, which allows higher density and more homeowners near the corridor. Furthermore, a zone change to MU-N allows for a redevelopment that directly matches the fifth major plan feature: “In general, encourage a gradual increase in density and building height closer to Wadsworth Boulevard to provide the critical mass of users and residents that will help support the businesses in the Corridor and brings life into this town center as well as prevent encroachment into the residential neighborhoods east and west of the Subarea.” CHAPTER 2.6: Future Land Use Figure 3: Recommended Land Uses in the Wadsworth Corridor: This map lays out a land use map where the eastern half of this property is defined as Medium-High Density Residential – “Medium-High Density Residential land use will be developed between ten and twenty-one units to the acre. This range includes townhomes, condominiums and apartments.” A zone change to MU-N is consistent with this recommendation and will bring the property into conformance with Wadsworth Corridor Subarea Plan. CHAPTER 3.7: Density “In the proposed town center area between W. 38th Avenue and W. 44th Avenue, higher densities (10-20 units per acre) could be encouraged over and above commercial uses. Densities Planning Commission WZ-16-08/EFG 16 Attachment 2 will be “feathered” (gradually decreased) along the edges of the corridor to make a transition to adjacent zoning." This property is situated near the edge of the W. 44th Ave. corridor and with MU-N zoning provides an opportunity to “feather” height between the corridor and single family neighborhoods. Current zoning provides little opportunity for feathering and instead requires single family neighborhoods adjacent to the corridor. CHAPTER 4.6: Economic Development “The report documented the decline of stronger sales tax generators (i.e. food stores, eating/drinking establishments, building materials and finance/insurance and real estate). The report observed that stronger tax generation may be possible by the growth of these industries, but also observed that the affluence of local households is a key factor in attracting and retaining these businesses” “To create a successful retail environment and encourage redevelopment, residential densities need to be increased in this area. Changing the land use along the corridor to include a higher density residential component associated with mixed us will assist in the creation of a retail environment.” “Roughly sixty-seven percent of Wheat Ridge’s multifamily housing market is rental” “The City should look for other partners such as Wheat Ridge 2020 to help acquire and land- bank problem properties in the corridor as they become available. Finally, the City should consider using their authority to acquire lots at fair market prices and to condemn as necessary.” MU-N allows for increased density, which can help support nearby retail, and an array of housing types, which can accommodate some higher priced homes that cater to more affluent residents. Property redevelopment presents a unique opportunity for a large for sale residential development such as town houses, which will help balance out Wheat Ridge’s current 67% rental multifamily housing market. Response to zone change review criteria #3c: 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 proposed zone change to MU-N is in response to the changed and changing conditions in the W. 44th Ave. and Wadsworth Blvd. corridors and more specifically the property itself.W. 44th Ave. and Wadsworth Blvd. Corridors Both corridors are seeing increased development activity, and the Wadsworth corridor, between W. 38th Ave. and W. 44th Ave., is one of five target redevelopment areas in Wheat Ridge (Envision Wheat Ridge, Executive Summary, page 5-6). The City has identified the desire to create a vibrant Town Center in this area, and has created an Urban Renewal Area to help accelerate many of these goals. Wheat Ridge voters recently approved Ballot Initiative 2E providing approximately $33 million public improvements including the reconstruction of Wadsworth Boulevard. Plans for the corridor include significant upgrades to the intersection with W. 44th Ave. and new lighted intersections to the south. This is a significant change to the Planning Commission WZ-16-08/EFG 17 Attachment 2 immediate area and will positively impact redevelopment and reinvestment along and adjacent to the corridors consistent with City plans. Wadsworth Corridor Subarea Plan This property is recommended to be a Medium High Density Residential area as part of the Wadsworth Corridor Subarea Plan, which is a change from its current R-2 land use. Greenhouse operations on this property have long sense ceased, and the property has changed from being an asset to a liability. The vacant, dilapidated building runs the risk of continuing to deteriorate if the property cannot be redeveloped. In conclusion, the change in the character and condition of the property, as well as the nature of and proposed upgrades to nearby corridors, supports a change of zone for this property. The zone change best serves the public interest of the citizens of Wheat Ridge by allowing a derelict property to redevelop while also advancing many of Wheat Ridge’s stated planning goals and objectives. MU-N allows an array of housing options, supports a variety of users at different socio-economic scales, including homeownership opportunities for young families, provides density to support nearby commerce and diversifies and strengthens the tax base. MU-N in this specific location takes advantage of the W. 44th Ave. bus route and nearby Light Rail options, creates a critical mass within walking distance of already identified commercial nodes, and provides buffers to protect the character of the surrounding single family neighborhood. Planning Commission WZ-16-08/EFG 18 Attachment 2 Exhibit 2 – Aerial Map Site Planning Commission WZ-16-08/EFG 19 Attachment 2 Exhibit 3 – ALTA Survey Planning Commission WZ-16-08/EFG 20 Attachment 2 Exhibit 4 – Site photos Looking northwest from Yarrow at new assisted living facility adjacent to site Planning Commission WZ-16-08/EFG 21 Attachment 2 Looking west from Yarrow towards front of property Looking southwest down Yarrow towards front of property Planning Commission WZ-16-08/EFG 22 Attachment 2 Looking west down northern drive aisle Looking west from Yarrow towards front of property Planning Commission WZ-16-08/EFG 23 Attachment 2 Looking west towards house to the south of property Looking southwest across Happiness Gardens Planning Commission WZ-16-08/EFG 24 Attachment 2 Looking northeast from West 42nd Avenue Looking north from West 42nd Avenue Planning Commission WZ-16-08/EFG 25 Attachment 2 Exhibit 5 – Aerial Map site Planning Commission WZ-16-08/EFG 26 Attachment 2 City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: December 15, 2016 Attending Staff: Meredith Reckert, Senior Planner Location of Meeting: Wheat Ridge Municipal Building Second floor conference room 7500 W. 29th Avenue Wheat Ridge, CO Property Address: 4255 Yarrow Street Property Owner(s): JDB, LLC Property Owner(s) Present? No Applicant: Cameron Bertrom, EnviroFinance Group (EFG) Sarah Laverty, EFG Michael Bruckner, Sprocket Architecture Existing Zoning: Residential-Two (R-2). Existing Comp. Plan: Neighborhood Exhibit 6 – Neighborhood Meeting Notes Planning Commission WZ-16-08/EFG 27 Attachment 2 Existing Site Conditions: The site is located at 4255 Yarrow, south of 44th Avenue and west of Wadsworth. According to the Jefferson County Assessor, the property is 4.52 acres in size and is unplatted. The property contains a non-conforming greenhouse that was constructed in the 1940’s with various modifications since that time. The building is currently vacant. Surrounding properties include a variety of land uses. Immediately to the west is a parcel zoned Residential-Two (R-2) that contains an urban garden, owned by the City of Wheat Ridge, and known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single-family dwellings. The roughly 1-acre property to the south is zoned R-2 and contains a single family home. Beyond this to the south is Wilmore-Davis Elementary School, owned by Jefferson County School District. Also on the southern side of the subject property are properties zoned R-2 that contain single-family homes. To the east is a multi-family property zoned Residential Three (R-3). Properties to the north front 44th Avenue and contain a variety of commercial businesses, and are zoned Commercial-One (C-1). The subject property is “L”-shaped and has roughly 400 feet of street frontage along Yarrow Street and roughly 275 feet of street frontage along 42nd Avenue. The remainder of the other property boundaries abut other properties and has no street access. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property from R-2 to Mixed Use-Neighborhood and intends to develop multi-family housing in the form of a for-sale townhome product. The specifics of the site design and subdivision will be provided following any zone change approval. The applicant shared a preliminary site plan that proposes a series of townhouses oriented north-south. Two primary access drives are identified, one off Yarrow Street near the center of the eastern property boundary, and one off 42nd Avenue that would align with Yarrow Court to the south. Additional internal circulation is also shown that would access tuck- under garages. Pedestrian greenways are shown between the townhomes as well. An open green space is shown near the eastern-center of the property for the residents. At this time, the applicant is still determining market viability of a possible retail or office component on the site. As the site has been used as a greenhouse for a number of years, there is significant environmental contamination that will need to be remediated prior to the construction and occupancy of any new buildings. The applicant specializes in brownfield redevelopment, and has the capability to develop the property in a safe manner, and will secure the necessary permits from the Colorado Department of Public Health and any other necessary agency. The applicant is proposing to rezone the entire property to Mixed Use-Neighborhood (MU-N). Although there is no specific development being proposed at this time, a conceptual site plan was shared with the group. Planning Commission WZ-16-08/EFG 28 Attachment 2 The following is a summary of the neighborhood meeting: • In addition to staff and 3 applicant representatives, 9 members of the public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the proposed project and also addressed required removal of contaminated materials from the site. • The members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: • How many units are being proposed 70 townhomes and/or multi family dwellings. If the density allowance were maxed out at 21 units per acre, a total of 94 units could be built. • Will these be rental or low income units? No, they will be market rate units for purchase. • What could be built under the existing zoning? The property is zoned R-2 and could accommodate about 15 duplexes. • Happiness Gardens (a communal garden owned by the City of Wheat Ridge) is located directly to the west of the proposed development. How will the Gardens be impacted? The tentative site plan has been designed so that the new buildings will be oriented in a north/south direction. A buffer area approximately 30’ feet in width will be provided on the western side of the development so that sunlight to the gardens will not be blocked by buildings. • There is a row of large spruce trees on the common property line; will those remain in place? The row of trees between the gardens and the proposed development are in need of maintenance but will be kept. As the project moves forward, the applicant will continue to work with Parks staff regarding the interface between the two properties. • Happiness Gardens currently brings heavy equipment like tractors through the proposed project site to access the eastern portion of the property. Will this access remain? As the project moves forward, the applicant will continue to work with Parks staff regarding the interface between the two properties. Planning Commission WZ-16-08/EFG 29 Attachment 2 • There is currently unbuilt street right-of-way that extends east from 42nd Avenue, through the Happiness Gardens improvements over to Ammons? Will this street be extended? If any east/west street extensions are made from Yarrow Street, it would probably extend east over to Wadsworth to divert traffic away from the neighborhood. • Where will water and sanitary sewer service come from? Both water and sanitary sewer service would be extended from Yarrow Street. • There is an existing single family residence to the south with a large, vacant front yard. Will this property be included in the development? No, the property owners wish to retain their entire parcel, including the large vacant area on the east. The developer has had discussions with the owners regarding transition to the proposed project. A fence delineating the common property line will be built but will be an open type design so views into the adjoining properties are maintained. • A variety of concerns were expressed regarding traffic problems in the area which vehicles from the new residential units will compound. Those concerns included the following: o During rush hour, traffic at the 44th/Wadsworth intersection backs up on 44th to Balsam Street. Because of this, the new residents will be tempted to exit the new development by turning left to go south and wind through the neighborhood to get to 41st Avenue or 38th Avenue. o Wilmore Davis Elementary is located on 41st Avenue between Yarrow Court and Ammons Street. Many children living in this area attend this school and walk back and forth in the morning and afternoons. Although there are sidewalks, excessive speeds on Ammons and Yarrow make it unsafe for pedestrians. The City of Wheat Ridge does not adequately enforce speeding in the area. o The narrowing of West 38th Avenue between Wadsworth and Sheridan has forced more cars to use West 44th Avenue. o It was indicated that in 2014, a request for traffic calming on Ammons was submitted but did not move forward with City Staff. • One of the commercial property owners to the north along 44th Avenue commented that the property is currently an attractive nuisance with weeds, dilapidated buildings and rodents. He opined that the proposed development would be an improvement for the area. Staff received no written comment before or after the neighborhood Planning Commission WZ-16-08/EFG 30 Attachment 2 Exhibit 7 – Neighborhood Meeting Sign-Up Planning Commission WZ-16-08/EFG 31 Attachment 2 Attachment 3 Attachment 4 ITEM NO: DATE: April 10, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL 07-2017 – AN ORDINANCE AMENDING VARIOUS PROVISIONS OF ARTICLE 1 OF CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING CITY SALES AND USE TAX, AND SECTION 11-68 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PRORATION OF THE ANNUAL LIQUOR LICENSE OCCUPATION TAX PUBLIC HEARING ORDINANCES FOR 1ST READING (3/27/2017) BIDS/MOTIONS ORDINANCES FOR 2ND READING (4/10/2017) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: This Council Bill includes two sets of tax code updates to the City of Wheat Ridge Code of Laws, Sections 11 and 22. The first set of updates includes implementing the standardized definitions developed by municipal tax professionals in collaboration with the business community and the Colorado General Assembly, known as the Standard Definitions Project. The second set of updates includes miscellaneous revisions for efficiency, clarity and consistency purposes. Overall, the proposed tax code updates are recommended in order to simplify the City’s tax code and make it more business-friendly. PRIOR ACTION: At the March 20, 2017 Study Session, City Council provided consensus to bring forward the recommended tax code updates including: standardized definitions and miscellaneous updates for efficiency, clarity and consistency, etc. FINANCIAL IMPACT: None of the proposed tax code definition changes would trigger a TABOR election. The updated definitions reflect current tax practices. No new tax is levied and no increase in tax revenue is expected as a result of the simplification of definitions. Council Action Form– Tax Code Updates April 10, 2017 Page 2 The amendment to prorate the liquor license occupation tax is estimated to decrease revenues by $11,800 if the recommended proration is approved. BACKGROUND: Part One – Adoption of Standardized Definitions Part one of the proposed tax code updates is the result of a standardized definitions effort developed by municipal tax professionals in collaboration with the business community and the Colorado General Assembly. In 2014, the General Assembly passed SJR14-038 asking the Colorado Municipal League (CML) to facilitate the Standard Definitions Project with home-rule municipalities that locally collect their sales tax. This project was in response to comments from the business community expressing frustration with various home-rule municipalities giving the same term in the code a different meaning that resulted in confusion and increased complexity for an entity doing business in multiple jurisdictions. The objective of this effort was to determine whether to develop standard definitions to be adopted by home-rule jurisdictions in order to simplify the level of complexity. This effort was similar to a standardization project that was done in 1992. Several important points to note: • Colorado municipalities are heavily dependent on the sales tax, deriving on average 73% of their general purpose tax revenues from this source. • Virtually unique among the states, Colorado home rule municipalities may require local businesses to remit directly to a municipality (known as “local collection”), decide their own tax base, and audit local businesses directly. Wheat Ridge is a self-collecting, home-rule entity. • Colorado’s 69 locally collecting municipalities collect over 90% of the municipal sales tax paid in the state. The project consisted of a 23-member steering committee and subcommittees. Sales tax supervisor Kathy Franklin served on a steering committee and two subcommittees. The project included intensive drafting and review, comparison with earlier standard definition efforts, legal review, business community review, and final review and comments by 69 self-collecting municipalities. Overall, the simplification process was a 15-month effort as part of the Sales Tax Committee of the Colorado Municipal League. Leaders of the Colorado Association of Commerce and Industry (CACI), the Colorado Retail Council (CRC) and city attorneys also provided input. Attachment 3 is a joint letter of support from all partners involved in this effort recommending adoption of the Standardized Definitions. The City does not need to adopt all of the standardized definitions, only those relating to the City’s tax base. The City’s current tax code contains 89 definitions. Of those, 22 are recommended for change to the standard definitions, and five more are recommended for minor style changes to make them consistent with the standard definitions. Additionally, staff recommends adopting another six of the standard definitions for added clarity in the tax code and consistency with other cities. Council Action Form– Tax Code Updates April 10, 2017 Page 3 Attachment 1 is a draft ordinance that includes the standardized definition changes in Section 1. For ease of reference, Attachment 2 is highlighted according to the legend below: A. Yellow: definitions highlighted in yellow do not exist in the current Code and staff does not recommend adoption. There are 49 definitions highlighted. B. Green: definitions highlighted in green do not currently exist in the Code, staff recommends adding the seven highlighted definitions. C. Blue: definitions highlighted in blue currently exist in the Code and are the same as the proposed standardized definitions. There are seven definitions highlighted. D. Un-highlighted: definitions currently exist in the Code and require minor grammar or style changes. Staff recommends adoption. There are 43 un-highlighted definitions. In the near future, the CML Sales Tax Committee will finalize a process to maintain standardization and consensus in interpreting the definitions over time. Part Two – Miscellaneous Updates for Efficiency, Clarity, Consistency, etc. The second part of the proposed tax code updates is a combination of updates for efficiency, clarity and consistency. From time to time updates to tax and licensing code provisions are necessary because of changes in technology, business practices, and statutory requirements. The last major update of the City tax and licensing code occurred in 2006. In 2009, minor updates were completed. The proposed changes will enhance the clarity of code sections making definitions and processes business-friendly for the taxpayer. Attachment 1 is a draft ordinance that includes the following additional changes: 1. Proposed ordinance, page 21, section 18. Chapter 11, code section 11-68 – the Code now prohibits pro-rating the annual liquor license occupation tax for a newly acquired liquor establishment or one that has changed hands. This results in duplicate payment of a portion of the tax when either event occurs. Operators of licensed alcohol establishments are required by the code to pay an annual occupation tax based on the category of the premise’s liquor license. New operators must pay the tax when they acquire a license or a licensed premise. Proration for a partial year under an operator is specifically prohibited by section 11-68 of the code. The result is that an entire year’s tax is collected for a partial year’s operation of a new location. It is collected twice when ownership of an existing location changes. The amount of the tax ranges from $600 to $2,200 (average $1,400) and is due at the beginning of each year from incumbent operators. In 2013, a busy year for new and exchanged liquor licenses, a total of 13 liquor licenses were issued or changed hands. The estimated revenue impact, if pro-ration had been permitted, would have been a decrease of $11,800. In 2016, the City budgeted $58,000 in liquor occupation tax revenue and brought in $30,599.50. Council Action Form– Tax Code Updates April 10, 2017 Page 4 Of the four Colorado cities that currently have a liquor occupation tax, two of them pro-rate the tax. Both new and discontinuing operators have commented negatively about the City not offering pro-ration of the tax. Staff recommends pro-ration of the liquor occupation tax as being consistent with providing business-friendly services. 2. Proposed ordinance, page 18, section 4. Chapter 22, code sections 22-46(n)(1) and 22-36(a)(1) – under the current code provisions a tax refund may only be sought within 60 days of a tax overpayment. This provision is inconsistent with the three-year refund period allowed by the state. It is also inconsistent with the City’s three-year period that is used for underpaid taxes in an audit. When tax records were kept on paper it was difficult to reasonably verify that a tax overpayment had occurred, so limiting the time in which a taxpayer could seek a refund to 60 days was reasonable. Electronic recordkeeping and document imaging simplifies the process enough to enable consistency with the state’s permitted three-year refund period and with the City’s three-year liability period. 3. Proposed ordinance, page 18, sections 6 and 7. Chapter 22, code section 22-39(b) – the tax code permits including sales tax in pricing in the fast-transaction environment of liquor sales by the drink, but does not address other fast-transaction business activities such as farmers’ markets, produce stands, special events and craft markets. These businesses rely on rapid transactions to invigorate sales to a highly mobile audience; and, the operators are often not equipped to efficiently transact sales by a price-plus-tax method. Staff recommends specifically allowing tax-included pricing for these temporary activities as a business- friendly policy. 4. Proposed ordinance, page 19, section 9. Chapter 22, code section 22-42(e) – businesses frequently retain records at locations outside the City and the metropolitan area. Some are unwilling, or prohibited by their internal policies, to use safe digital transfer methods to provide their records for audit purposes at the City office, and instead require travel by audit staff to locations outside the metropolitan area or the state. For an auditor to undertake a four-day fieldwork assignment outside the metropolitan area, the cost can range from $900 in-state to $1,700 out-of-state, including lodging, meals and transportation. In the past, the Tax Division has successfully billed expenses to businesses that require out of area travel. Staff recommends that the practice be supported by a requirement for payment in the Code, providing transparency and easier justification for payment by businesses’ audit managers. 5. Ordinance, remaining sections – these portions of the existing tax code are obsolete, redundant or inconsistent with other sections of the tax code or are inconsistent with statutory requirements. Staff recommends changes to clean up outdated code language or language which exists elsewhere in the code or conflicts with state statutes. RECOMMENDATIONS: Staff recommends approval of the ordinance on first reading. Council Action Form– Tax Code Updates April 10, 2017 Page 5 RECOMMENDED MOTION: “I move to approve Council Bill 07-2017, an ordinance amending various provisions of Article 1 of Chapter 22 of the Wheat Ridge Code of Laws, concerning City sales and use tax, and Section 11-68 of the Wheat Ridge Code of Laws, concerning proration of the annual liquor license occupation tax on second reading, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill 07-2017, an ordinance amending various provisions of Article 1 of Chapter 22 of the Wheat Ridge Code of Laws, concerning City sales and use tax, and Section 11-68 of the Wheat Ridge Code of Laws, concerning proration of the annual liquor license occupation tax for the following reason(s) _______________________________.” REPORT PREPARED AND REVIEWED BY: Kathy Franklin, Sales Tax Supervisor Heather Geyer, Administrative Services Director Patrick Goff, City Manager Jerry DiTullio, City Treasurer ATTACHMENTS: 1. Council Bill 07-2017 2. 2016 Sales Tax Simplification Model Ordinance 3. Letter of support for adoption of the Standardized Definitions Attachment 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN Council Bill No. 07 Ordinance No. __________ Series of 2017 TITLE: AN ORDINANCE AMENDING VARIOUS PROVISIONS OF ARTICLE I OF CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING CITY SALES AND USE TAX, AND SECTION 11-68 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PRORATION OF THE ANNUAL LIQUOR LICENSE OCCUPATION TAX WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority, C.R.S. § 29-2-101, et seq., and C.R.S. § 31-15-501(1)(c), the City, acting through its City Council (the “Council”), is authorized to administer and enforce local sales, use and occupation taxes; and WHEREAS, pursuant to this authority, the Council previously adopted Article I of Chapter 22 of the Wheat Ridge Code of Laws (“Code”), which governs City sales and use tax, and Division 2 of Article III of Chapter 11 of the Code, concerning an annual liquor license occupation tax; and WHEREAS, City Staff has recommended certain changes to various provisions of Article I of Chapter 22, to clarify language, delete obsolete provisions, increase internal consistency, comply with state law and render said Chapter easier to understand and administer; and WHEREAS, Staff has further recommended amending Section 11-68 of the Code to authorize the proration of the annual liquor license occupation tax in the interests of fairness; and WHEREAS, Staff has further recommended that the City adopt the applicable standardized tax code definitions promulgated by the Colorado Municipal League, both to offer City taxpayers the benefit of encountering standard definitions throughout Colorado and to protect the City ’s existing tax base against an alternative state legislative effort to mandate uniform definitions that may weaken City tax revenues; and WHEREAS, the Council finds and determines that none of the Code amendments contained herein constitute a tax policy change that would directly cause a net tax revenue gain to the City; and WHEREAS, the Council therefore finds that the Code amendments contained herein may be accomplished by ordinance, without prior voter-approval, pursuant to Section 20 of Article X of the Colorado Constitution (“TABOR”); and WHEREAS, the Council further finds that amending various provisions of the Code concerning taxation to adopt standardized definitions, clarify language, delete obsolete provisions, increase internal consistency, comply with state law, promote fairness and facilitate administration of the Code would promote the welfare of all City residents and businesses; and WHEREAS, the Council therefore wishes to amend various provisions of Article I of Chapter 22 of the Code and Code Section 11-68, as set forth herein. Attachment 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 22-21 of the Code, concerning definitions for purposes of Chapter 22, is hereby amended as follows: Section 22-21. Definitions and usage. (a) Terms defined. As used in this chapter, the following words and phrases shall have the following meanings: Access services : The services furnished by a local exchange company to its customers who provide telecommunications services which allow them to provide such telecommunications services. Admission charge : Any charge for the right or privilege to gain entrance to any place, event, performance or scheduled activity held within the city; and every person, business, corporation or association, whether owner, lessee, operator or sublessee, who or which charges or causes to be charged admission as defined herein shall be responsible for the collection of the tax imposed by this article. This tax is defined as an admissions tax. Agricultural producer: A person regularly engaged in the business of using land for the production of commercial crops or commercial livestock. The term includes farmers, market gardeners, commercial fruit growers, livestock breeders, dairymen, poultrymen, and other persons similarly engaged, but does not include a person who breeds or markets animals, birds, or fish for domestic pets nor a person who cultivates, grows, or harvests plants or plant products exclusively for that person's own consumption or casual sale. Alarm and security systems services and/or sales : The entire service charge or purchase price including freight for any alarm or security system. This charge or price includes, but is not limited to, compensation paid for monitoring, maintenance, rental, lease, material, equipment or installation of alarm or security systems. Amusement or entertainment event : Any event where a person pays to gain admission to any place in the city that is open to the public, or to gain access to a performance, stage show, play, concert, or to a sporting or recreation event, or to a motion picture, or to the use of lanes and pinsetters for bowling balls in a bowling alley or a game of regular or miniature golf, and other activities as defined by the treasurer and promulgated in the city's regulations. Auction : Any sale where tangible personal property is sold by an auctioneer who is either the agent for the owner of such property or is in fact the owner thereof. Auction or estate liquidation sale : Any sale conducted or transacted at a permanent place of business operated by an auctioneer or estate liquidator, or a sale conducted or transacted at any location where tangible personal property is sold by an auctioneer or estate liquidator or any such individual or business acting either as agent for the owner of such tangible personal property or is in fact the owner thereof. Automotive vehicle or motor vehicle : Any vehicle or device in, upon or by which any person or property is or may be transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air. "Automotive vehicle" Attachment 1 includes, but is not limited to, motor vehicles, trailers, semi-trailers or mobile homes. "Automotive vehicles" shall not include devices moved by human power or used exclusively upon stationary rails or tracks. Bowling alley operator : Any person, whether owner, operator, lessee or any other person, who charges or causes to be charged admission to a bowling alley or fees for the utilization, lease or rental of bowling alleys and pinsetters for bowling balls in a bowling alley open to the public, including charges for bowling by the line. Business : All activities engaged in or caused to be engaged in with the object of gain, benefit or advantage, directly or indirectly. Capital lease : A lease with characteristics of a purchase, as defined by generally accepted accounting principles. The intent of the vendor evidenced by the treatment of the lease in the vendor's financial statements, past course of dealings and usage of trade will also be considered as a basis of classifying a lease as capital in nature. CARRIER ACCESS SERVICES : THE SERVICES FURNISHED BY A LOCAL EXCHANGE COMPANY TO ITS CUSTOMERS WHO PROVIDE TELECOMMUNICATIONS SERVICES WHICH ALLOW THEM TO PROVIDE SUCH TELECOMMUNICATIONS SERVICES. Carrier access services sale : Any charge by local telephone exchange companies to providers of interchange telecommunications services for use in providing their interchange telecommunications services. Charitable or nonprofit organization : Any entity organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes; or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment); or for the prevention of cruelty to children or animals, no part of the net earning of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office. For purposes of this chapter, an entity's status as exempt from federal and/or state income taxes is in no way a controlling factor in the city's determination of an entity's "charitable" or "nonprofit" status ANY ENTITY WHICH: (1) HAS BEEN CERTIFIED AS A NONPROFIT ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE, AND (2) IS AN ORGANIZATION WHICH EXCLUSIVELY, AND IN A MANNER CONSISTENT WITH EXISTING LAWS AND FOR THE BENEFIT OF AN INDEFINITE NUMBER OF PERSONS OR ANIMALS, FREELY AND VOLUNTARILY MINISTERS TO THE PHYSICAL, MENTAL, OR SPIRITUAL NEEDS OF PERSONS OR ANIMALS, AND THEREBY LESSENS THE BURDEN OF GOVERNMENT. City : The MUNICIPALITY OF THE City of Wheat Ridge, Colorado. City Code : The Code of Laws of the City of Wheat Ridge, Colorado. COINS : MONETIZED BULLION OR OTHER FORMS OF MONEY MANUFACTURED FROM GOLD, SILVER, PLATINUM, PALLADIUM OR OTHER SUCH METALS NOW, IN THE FUTURE OR HERETOFORE DESIGNATED AS A MEDIUM OF EXCHANGE UNDER THE LAWS OF THIS STATE, THE UNITED STATES OR ANY FOREIGN NATION. Attachment 1 COIN OPERATED DEVICE : ANY DEVICE OPERATED BY COINS OR CURRENCY OR ANY SUBSTITUTE THEREFOR. COMMERCIAL PACKAGING MATERIALS : CONTAINERS, LABELS, AND/OR CASES, THAT BECOME PART OF THE FINISHED PRODUCT TO THE PURCHASER, USED BY OR SOLD TO A PERSON ENGAGED IN MANUFACTURING, COMPOUNDING, WHOLESALING, JOBBING, RETAILING, PACKAGING, DISTRIBUTING OR BOTTLING FOR SALE, PROFIT OR USE, AND IS NOT RETURNABLE TO SAID PERSON FOR REUSE. COMMERCIAL PACKAGING MATERIALS DOES NOT INCLUDE COMMERCIAL SHIPPING MATERIALS. COMMERCIAL SHIPPING MATERIALS : MATERIALS THAT DO NOT BECOME PART OF THE FINISHED PRODUCT TO THE PURCHASER WHICH ARE USED EXCLUSIVELY IN THE SHIPPING PROCESS. COMMERCIAL SHIPPING MATERIALS INCLUDE BUT ARE NOT LIMITED TO CONTAINERS, LABELS, PALLETS, BANDING MATERIAL AND FASTENERS, SHIPPING CASES, SHRINK WRAP, BUBBLE WRAP OR OTHER FORMS OF BINDING, PADDING OR PROTECTION. Computer software : The internalized instruction code which controls the basic operation (i.e., arithmetic and logic) of the computer, causing it to execute instructions contained in system programs as an integral part of the computer. Computer software is also one in which instructions and routines (programs) are determined necessary to program the customer's electronic data processing (EDP) equipment to enable the customer to accomplish specific functions with his EDP system. The software may be in the form of: (1) Systems programs (except for the instruction codes which are considered tangible property in this definition)—Programs that control the hardware itself and allow it to compile, assemble and process application programs; (2) Application programs—Programs that are created to perform business functions, or control, or monitor process; (3) Prewritten (canned) programs—Programs that are either systems programs or application programs and are not written specifically for the user; or (4) Custom programs—Programs created specifically for the user. Construction equipment : All pieces of portable machinery, vehicles and other types of equipment used directly or indirectly to build, erect or otherwise construct buildings, roads, bridges or any construction project or to aid in such building or construction ANY EQUIPMENT, INCLUDING MOBILE MACHINERY AND MOBILE EQUIPMENT, WHICH IS USED TO ERECT, INSTALL, ALTER, DEMOLISH, REPAIR, REMODEL, OR OTHERWISE MAKE IMPROVEMENTS TO ANY REAL PROPERTY, BUILDING, STRUCTURE OR INFRASTRUCTURE. Construction materials : Tangible personal property which, when combined with other tangible personal property, loses its identity to become an integral and inseparable part of a completed structure or project, including public and private improvements. Construction materials include, but are not limited to, such things as: asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections, FIREPLACE INSERTS, ELECTRICAL HEATING AND COOLING EQUIPMENT, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other Attachment 1 landscaping materials, wallboard, wall coping, wallpaper, weather stripping, wire netting and screen, water mains and meters and wood preserver. The above materials, when used in forms, or other items which do not remain as an integral or AND inseparable part of a completed structure or project, are not construction materials. Construction materials do not include such things as: carpeting, equipment, furniture, removable fixtures, window coverings or similar items. Construction project : The erection, installation, demolition, alteration, repair or remodeling of a building or structure upon real estate, and any other activity for which a building permit is required under the City Code. Consume : The utilization of any item of tangible personal property in the provision of any service or in the production of any physical product or other item of tangible personal property. Consumer : Any individual person or persons or entity engaged in business in the city who PURCHASES buys, uses, stores, distributes or otherwise consumes in the city tangible personal property or taxable services, purchased from sources inside or outside the city. Consumer deductions : Those items that may be deducted from gross sales and service on the sales/use tax return. CONTRACTOR : ANY PERSON WHO SHALL BUILD, CONSTRUCT, RECONSTRUCT, ALTER, EXPAND, MODIFY, OR IMPROVE ANY BUILDING, DWELLING, STRUCTURE, INFRASTRUCTURE, OR OTHER IMPROVEMENT TO REAL PROPERTY FOR ANOTHER PARTY PURSUANT TO AN AGREEMENT. FOR PURPOSES OF THIS DEFINITION, CONTRACTOR ALSO INCLUDES SUBCONTRACTOR. COVER CHARGE : A CHARGE PAID TO A CLUB OR SIMILAR ENTERTAINMENT ESTABLISHMENT WHICH MAY, OR MAY NOT, ENTITLE THE PATRON PAYING SUCH CHARGE TO RECEIVE TANGIBLE PERSONAL PROPERTY, SUCH AS FOOD AND/OR BEVERAGES. Customer access service charge : Any direct charge by local telephone exchange companies to the consumer. DIGITAL PRODUCT : AN ELECTRONIC PRODUCT INCLUDING, BUT NOT LIMITED TO: (1) “DIGITAL IMAGES” WHICH MEANS WORKS THAT INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING THAT ARE GENERALLY RECOGNIZED IN THE ORDINARY AND USUAL SENSE AS “PHOTOGRAPHS,” “LOGOS,” “CARTOONS,” OR “DRAWINGS.” (2) “DIGITAL AUDIO-VISUAL WORKS” WHICH MEANS A SERIES OF RELATED IMAGES WHICH, WHEN SHOWN IN SUCCESSION, IMPART AN IMPRESSION OF MOTION, TOGETHER WITH ACCOMPANYING SOUNDS, IF ANY, (3) “DIGITAL AUDIO WORKS” WHICH MEANS WORKS THAT RESULT FROM THE FIXATION OF A SERIES OF MUSICAL, SPOKEN, OR OTHER SOUNDS, INCLUDING RINGTONES. FOR PURPOSES OF THE DEFINITION OF “DIGITAL AUDIO WORKS”, “RINGTONES” MEANS DIGITIZED SOUND FILES THAT ARE DOWNLOADED ONTO A DEVICE AND THAT MAY BE USED TO ALERT THE CUSTOMER WITH RESPECT TO A COMMUNICATION, AND (4) “DIGITAL BOOKS” WHICH MEANS WORKS THAT ARE GENERALLY RECOGNIZED IN THE ORDINARY AND USUAL SENSE AS “BOOKS”. Attachment 1 Dwelling unit : A building or any portion of a building designed for occupancy as complete, independent living quarters for one (1) or more persons, having direct access from the outside of the building or through a common hall and having living, sleeping, kitchen and sanitary facilities for the exclusive use of the occupants. Drugs dispensed in accordance with a prescription or prescription drugs : Drugs dispensed in accordance with any order in writing, dated and signed by a licensed practitioner of the healing arts or given orally by a practitioner, and immediately reduced to writing by the pharmacist, assistant pharmacist or pharmacy intern, specifying the name and address of the person for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label. Engaged in business in the city : Performing or providing services or selling, leasing, renting, delivering or installing tangible personal property for storage, use or consumption within the city. "Engaged in business in the city" includes, but is not limited to, any one of the following activities by a person: (1) Directly, indirectly or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of business within the taxing jurisdiction; (2) Send one (1) or more employees, agents or commissioned sales persons into the taxing jurisdiction to solicit business or to install, assemble, repair, service or assist in the use of its products, or for demonstration for other reasons; (3) Maintains one (1) or more employees, agents or commissioned sales persons ON DUTY at a location within the taxing jurisdiction; excluding, however, employees, agents or commissioned sales persons who reside within the city but do not otherwise engage in business in the city as defined by this section; (4) Owns, leases, rents or otherwise exercises control over personal property, commercial real property or RESIDENTIAL REAL PROPERTY OF more than ten (10) residential dwelling units within the taxing jurisdiction; or (5) Makes more than one (1) delivery into the taxing jurisdiction within a twelve-month period BY ANY MEANS OTHER THAN A COMMON CARRIER. Event facility: Banquet halls, reception areas and similar spaces and structures that are used primarily for a purpose other than temporary personal habitation. Exempt commercial packaging materials : Containers, labels and shipping cases sold to a person engaged in manufacturing, compounding, or wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit or use that meets all of the following conditions: (1) Is used by the manufacturer, compounder, wholesaler, jobber, retailer, packager, distributor or bottler to contain or label the finished product; (2) Is transferred by such person along with and as a part of the finished product to the purchaser; and (3) Is not refundable to said person for reuse. Exempt organization : Any governmental, quasi-governmental, religious or charitable organization which has applied for, and been assigned, an exempt institution license from the city. Farm closeout sale : Full and final disposal of all tangible property previously used by a farmer or rancher in farming or ranching operations which are being abandoned. Attachment 1 Food : Food which is advertised or marketed for human consumption and is sold in the same form, condition, quantities and packaging as is commonly sold by grocers. The term includes cereals and cereal products; milk and milk products; meat and meat products; fish and fish products; eggs and egg products; vegetables and vegetable products; fruit and fruit products; sugar and sugar products and sugar substitutes; coffees and coffee substitutes; teas; cocoa and cocoa products; candy; ice for human consumption; distilled water for human consumption; and spices, condiments, salt and oleo-margarine. The term also includes food or drink served or furnished in or by restaurants, cafes, lunch counters, cafeterias, hotels, drugstores, social clubs, nightclubs, cabarets, resorts, snack bars, caterers, delicatessens, carryout shops and other like places of business at which prepared food or drink is regularly sold, including sales from pushcarts, motor vehicles and other mobile facilities; chewing gum, spirituous, malt or vinous liquor; proprietary medicines; nostrums, lozenges; tonics; carbonated beverages including carbonated water marketed in containers; nonalcoholic cocktail mixes; vitamins and other dietary supplements; pet foods; seeds and plants to grow food; food or drink furnished, prepared or served for consumption at tables, chairs or counters or from trays, glasses, dishes or other tableware provided by the vendor; prepared food or drink sold by vendors who regularly sell for consumption on or near the premises of the vendor, even though such food or drink is sold on a takeout or to-go order and is bagged, packaged or wrapped and taken from the premises of the vendor; and food or drink vended by or through machines on behalf of a vendor. Gross sales : The total amount received in money, credit, property or other consideration valued in money for all sales, leases, or rentals of tangible personal property or services. Healthcare facility : An individual or entity engaged in providing medical services, supplies, room and board to individual persons, and providing a place for healthcare services to be conducted. The medical services may be of a therapeutic, diagnostic, prognostic or of a rehabilitative nature. Healthcare facilities may include, but not be limited to: health resorts; spas; sanatoriums; sanitariums; rest homes; convalescent homes; hospitals for humans or animals, whether for profit or not-for-profit; wellness centers; psychiatric, vocational, mental or physical rehabilitation centers; extended day care centers; and self-help preventive medicine/education centers. Hotel room, motel room or other accommodations : Any room or other accommodation in any hotel, apartment-hotel, motel, guesthouse, trailer court or park, or any similar place furnishing rooms or other accommodations to any person or animal who, for consideration, uses, possesses or has the right to use or possess, for any reason allowable by law, such room or other accommodation for a total continuous duration of less than thirty (30) days. For purposes of establishing the thirty-day period, the accommodation may not be transferred or transferable by one consumer or person or entity to any other consumer, person or entity. License : A city sales and/OR use tax license and/or general business license. Linen services : Services involving THE provision and cleaning of linens, including, but not limited to, rags, uniforms, coveralls and diapers. Local exchange company : Any person who provides public telephone or telecommunication exchange access lines, mobile telecommunications or channels necessary to effect the transfer of two-way voice communication or other data conveyance from within the city. Attachment 1 Lodgers' tax : The tax to be collected and remitted by retailers and vendors on lodging services taxed under this chapter. Lodging services : The furnishing of rooms or accommodations by any person, partnership, association, corporation, estate, representative capacity or any other combination of individuals by whatever name known to a person who for a consideration uses, possesses or has the right to use or possess any room in a hotel, inn, bed and breakfast residence, apartment, hotel, lodginghouse, motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, or trailer court and park or similar establishment for a period of less than thirty (30) days under any concession, permit, right of access, license to use, or other agreement or otherwise. "Lodging services" does not include the furnishing of rooms or facilities for purposes other than personal accommodations such as banquets and receptions. MACHINERY : ANY APPARATUS CONSISTING OF INTERRELATED PARTS USED TO PRODUCE AN ARTICLE OF TANGIBLE PERSONAL PROPERTY. THE TERM INCLUDES BOTH THE BASIC UNIT AND ANY ADJUNCT OR ATTACHMENT NECESSARY FOR THE BASIC UNIT TO ACCOMPLISH ITS INTENDED FUNCTION. Medical equipment : All items of tangible personal property utilized by a physician, dentist or veterinarian, or which is utilized within a healthcare facility, in the rendering or delivery of medical or healthcare services to any person or animal. Medical supplies : Drugs dispensed in accordance with a prescription; insulin in all its forms dispensed pursuant to the direction of a licensed physician; glucose useable for treatment of insulin reactions; urine- and blood-testing kits and materials; insulin measuring and injecting devices, including hypodermic syringes and needles; prosthetic devices; wheelchairs and hospital beds; drugs or materials when furnished by a doctor as part of professional services provided to a patient; and corrective eyeglasses, contact lenses or hearing aids; provided, that these definitions include items purchased for use by medical and dental practitioners or medical facilities in providing their services, even though certain of those items may be packaged for single use by individual patients after which the item would be discarded. Mobile machinery AND SELF-PROPELLED CONSTRUCTION EQUIPMENT: Those vehicles, self-propelled or otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for THE transportation of persons or cargo, but which have been redesigned or modified by the mounting thereon of special equipment or machinery, and which may be only incidentally operated or moved over the public highways. This definition includes, but is not limited to, wheeled vehicles commonly used in the construction, maintenance and repair of roadways, the drilling of wells and the digging of ditches. Municipality : Any municipal corporation or similar form of local government in Colorado, or another state, except counties, school districts or special districts, and the city, including any city, town, and city and county, whether organized pursuant to charter, constitution or statute. Newspaper : A publication, printed on newsprint, intended for general circulation, and published regularly at short intervals, containing information and editorials on current events and news of general interest. The term "newspaper" does not include; magazines, trade publications or journals, credit bulletins, advertising inserts, circulars, directories, maps, racing programs, reprints, newspaper clipping and mailing services Attachment 1 or listings, publications that include an updating or revision service, books or pocket editions of books. Newspaper advertising supplements : Inserts, attachments or supplements that are primarily devoted to advertising and the distribution, insertion or attachment of which is paid for by the advertiser. Open to the public : Any place or event to which admission or access is open to members of the general public. This term includes, without limitation, the following places or events where a charge or fee for admission is imposed upon members of the public: (1) Any performance of a motion picture, stage show, play, concert or other manifestation of the performing arts; (2) Any sporting or athletic contest, exhibit or event, either amateur or professional; (3) Any lecture, rally, speech, dissertation or educational seminar; (4) Any showing, display or exhibition of any type, including art exhibitions; (5) Any restaurant, tavern, lounge or club, whether the admission is called a "cover charge," "door charge" or any other such term. Pay television shall include, but not be limited to, cable, microwave or other television service for which a charge is imposed. Person : Any individual, firm, copartnership, joint venture, corporation, LIMITED LIABILITY COMPANY, estate or trust, receiver, trustee, assignee, lessee or any person acting in A fiduciary or representative capacity, whether appointed by a court or otherwise, or any group or combination acting as a UNIT group and the plural as well as singular number. Point of destination : The address to which an item is delivered by the seller to the purchaser whether by common carrier, mail or conveyed by the seller. Preprinted newspaper supplements shall mean inserts, attachments or supplements circulated in newspapers that are primarily devoted to advertising and the distribution, insertion or attachment of which is commonly paid for by the advertiser. Prescription drugS FOR HUMANS : A substance for human or animal consumption used in the treatment or prevention of disease or other illness, the sale of which is delivered on a written order dated and signed by a member of the healing arts, specifying the name and address of the patient for whom the medical substance is ordered and directions, if any, to be placed on the label or dispensed in the practitioner's office. "Prescription drug" does not include any medical substance which may be purchased by the general public without a physician's prescription except for insulin and insulin injecting and measuring devices A DRUG WHICH, PRIOR TO BEING DISPENSED OR DELIVERED, IS REQUIRED BY THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. SECT. 301, ET. SEQ., AS AMENDED, TO STATE AT A MINIMUM THE SYMBOL “RX ONLY”, AND IS DISPENSED IN ACCORDANCE WITH ANY WRITTEN OR ELECTRONIC ORDER DATED AND SIGNED BY A LICENSED PRACTITIONER OF THE HEALING ARTS, OR GIVEN ORALLY BY A PRACTITIONER AND IMMEDIATELY REDUCED TO WRITING BY THE PHARMACIST, ASSISTANT PHARMACIST, OR PHARMACY INTERN, SPECIFYING THE NAME AND ANY REQUIRED INFORMATION OF THE PATIENT FOR WHOM Attachment 1 THE MEDICINE, DRUG OR POISON IS OFFERED AND DIRECTIONS, IF ANY, TO BE PLACED ON THE LABEL. Prescription drugs for animals : Drugs dispensed in accordance with any order in writing, dated and signed by a practitioner, or given orally by a practitioner, specifying the animal for which the medicine or drug is offered and directions, if any, to be placed on the label. "Prescription drugs for animals" does not include prescription animal food, medicated shampoos, vitamins and the like A DRUG WHICH, PRIOR TO BEING DISPENSED OR DELIVERED, IS REQUIRED BY THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. SECT. 301, ET. SEQ., AS AMENDED, TO STATE AT A MINIMUM THE SYMBOL “RX ONLY”, AND IS DISPENSED IN ACCORDANCE WITH ANY ORDER IN WRITING, DATED AND SIGNED BY A LICENSED VETERINARIAN SPECIFYING THE ANIMAL FOR WHICH THE MEDICINE OR DRUG IS OFFERED AND DIRECTIONS, IF ANY, TO BE PLACED ON THE LABEL. Price or purchase price : The AGGREGATE VALUE MEASURED IN CURRENCY PAID OR DELIVERED OR PROMISED TO BE PAID OR DELIVERED IN CONSUMMATION OF A SALE, WITHOUT ANY DISCOUNT FROM THE PRICE ON ACCOUNT OF THE COST OF MATERIALS USED, LABOR OR SERVICE COST price to the consumer, AND exclusive of any direct tax imposed by the federal government or by this article, and, in the case of all retail sales involving the exchange or property, also exclusive of the fair market value of the property exchanged at the same time and place of the exchange, if: (1) Such exchanged property is to be sold thereafter in the usual course of the retailer's business; or (2) Such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles are subject to licensing, registration or certification under the laws of this state, including, but not limited to, vehicles operating upon public highways, off-highway recreation vehicles, watercraft and aircraft. Any money or other consideration paid over and above the value of the exchanged property is subject to tax. "Price" or "purchase price" includes: (1) The amount of money received or due in cash and credits; (2) Property at fair market value taken in exchange but not for resale in the usual course of the retailer's business; (3) Any consideration valued in money, such as trading stamps or coupons, whereby the manufacturer or someone else reimburses the retailer for part of the purchase price and other media of exchange; (4) The total price charged on credit sales including finance charges which are not separately stated AT THE TIME OF SALE. An amount charged as interest on the unpaid balance of the purchase price is not part of the purchase price unless the amount added to the purchase price is included in the principal amount of a promissory note; except the interest or carrying charge set out separately from the unpaid balance of the purchase price on the face of the note is not part of the purchase price. An amount charged for insurance on the property sold and separately stated AT THE TIME OF SALE is not part of the purchase price; (5) Installation, APPLYING, REMODELING OR REPAIRING THE PROPERTY, delivery and wheeling-in charges included in the purchase price and not separately stated; (6) Transportation and other charges to effect delivery of tangible personal property to the purchaser; Attachment 1 (7) Indirect federal manufacturers' excise taxes, such as taxes on automobiles, tires and floor stock; (8) The gross price of articles sold after manufacturing or after having been made to order, including the gross value of all the materials used, labor and service performed and the profit thereon. "Price" or "purchase price" shall not include; (1) Any sales or use tax imposed by the State of Colorado or by any political subdivision thereof; (2) The fair market value of property exchanged if such property is to be sold thereafter in the retailer's usual course of business. This is not limited to exchanges in Colorado. Out-of-state trade-in's are an allowable adjustment to the purchase price. (3) Discounts from the original price if such discount and the corresponding decrease in sales tax due is actually passed on to the purchaser, AND THE SELLER IS NOT REIMBURSED FOR THE DISCOUNT BY THE MANUFACTURER OR SOMEONE ELSE. An anticipated discount to be allowed for payment on or before a given date is not an allowable adjustment to the price in reporting gross sales. Prosthetic devices FOR HUMANS : Any artificial limb, part, device or appliance for human use which aids or replaces a BODY PART OR AIDS OR REPLACES A bodily function; is designed, manufactured, altered or adjusted to fit a particular PATIENT individual; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include, but are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, AND oxygen concentrators and oxygen with related accessories. Purchase or sale : The acquisition for any consideration by any person of tangible personal property, OTHER TAXABLE PRODUCTS or taxable services that are purchased, leased, rented, OR sold, used, stored, distributed or consumed, but excludes a bona fide gift of property or services. THESE TERMS "Purchase" or "sale" includes capital leases, installment and credit sales, and property and services acquired by: (1) Transfer, either conditionally or absolutely, of title or possession or both to tangible personal property, OTHER TAXABLE PRODUCTS, OR TAXABLE SERVICES; (2) A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements, to use tangible personal property, OTHER TAXABLE PRODUCTS, or taxable services; THE UTILIZATION OF COIN OPERATED DEVICES, EXCEPT COIN-OPERATED TELEPHONES, WHICH DO NOT VEND ARTICLES OF TANGIBLE PERSONAL PROPERTY SHALL BE CONSIDERED SHORT TERM RENTALS OF TANGIBLE PERSONAL PROPERTY; (3) Performance of taxable services; (4) Barter or exchange for other TANGIBLE PERSONAL property, OTHER TAXABLE PRODUCTS, or services. including coupons; and (5) Tangible personal property furnished together with an operator shall be considered a rental if the measurement of the price is time. The terms "purchase" and "sale" do not include: Attachment 1 (1) A division of partnership assets among the partners according to their interests in the partnership; (2) The formation of a corporation by the owners of a business and the transfer of their business assets to the corporation in exchange for all the corporation's outstanding stock, except qualifying shares, in proportion to the assets contributed; (3) The transfer of assets of shareholders in the formation or dissolution of professional corporations, IF NO CONSIDERATION INCLUDING, BUT NOT LIMITED TO, THE ASSUMPTION OF A LIABILITY IS PAID FOR THE TRANSFER OF ASSETS; (4 3) The dissolution and the pro rata distribution of the corporation's assets to its stockholders, IF NO CONSIDERATION INCLUDING, BUT NOT LIMITED TO, THE ASSUMPTION OF A LIABILITY IS PAID FOR THE TRANSFER OF ASSETS; (5 4) A transfer of a partnership OR LIMITED LIABILITY COMPANY interest; (6 5) The transfer in a reorganization qualifying under section 368(a)(1) of the Internal Revenue Code of 1954, as amended; (7) The formation of a partnership by the transfer of assets to the partnership or transfers to a partnership in exchange for proportionate interests in the partnership THE TRANSFER OF ASSETS TO A COMMENCING OR EXISTING PARTNERSHIP OR LIMITED LIABILITY COMPANY, IF NO CONSIDERATION INCLUDING, BUT NOT LIMITED TO, THE ASSUMPTION OF A LIABILITY IS PAID FOR THE TRANSFER OF ASSETS ; (8 6) The repossession of personal property by a chattel mortgage holder or foreclosure by a lienholder; (9 7) The transfer of assets from a parent COMPANY corporation to a subsidiary COMPANY OR COMPANIES corporation or corporations which are owned at least eighty (80) percent by the parent COMPANY corporation, which transfer is solely in exchange for stock or securities of the subsidiary COMPANY corporation; (10 8) The transfer of assets from a subsidiary COMPANY OR COMPANIES corporation or corporations which are owned at least eighty (80) percent by the parent COMPANY corporation to a parent COMPANY corporation or to another subsidiary which is owned at least eighty (80) percent by the parent COMPANY corporation, which transfer is solely in exchange for stock or securities of the parent COMPANY corporation or the subsidiary which received the assets; (11 9) The transfer of assets between parent and closely held subsidiary COMPANIES corporation, or between subsidiary COMPANIES corporations closely held by the same parent COMPANY corporation, or between COMPANIES corporations which are owned by the same shareholders in identical percentage of stock ownership amounts, computed on a share-by-share basis, when a tax imposed by this article was paid by the transferor COMPANY corporation at the time it acquired such assets, except to the extent that there is an increase in the fair market value of such assets resulting from the manufacturing, fabricating or physical changing of the assets by the transferor COMPANY corporation. To such an extent any transfer referred to in this paragraph shall constitute a sale. For the purposes of this paragraph, a closely held subsidiary COMPANY corporation is one in which the parent COMPANY corporation owns stock possessing OR MEMBERSHIP INTEREST at least eighty (80) percent of the total combined voting power of all classes of stock entitled to vote and owns at least eighty (80) percent of the total number of shares of all other classes of stock. Attachment 1 Purchase price or sales price : The total price paid by the consumer, purchaser or lessee in cash, property, services, coupons or other consideration, exclusive of any direct tax imposed by the federal, state or county government or by this chapter. (1) The purchase price or sale price of goods manufactured or made to order includes the full purchase price for material used, and the labor performed in connection therewith, and the profit thereon included in the price charged to the user or customer. (2) Purchase price or sales price includes, without limitation, any finance, service or other charge, except when separately stated; installation and delivery fees; transportation and other charges to effect delivery to the purchaser if the sales agreement requires such delivery to consummate the sale; and indirect federal manufacturers' excise taxes, except when separately stated. (3) In the case of a retail sale involving the exchange of property, the purchase price or sales price excludes the fair market value of the property exchanged at the time and place of the exchange if: a. Such exchanged property is to be sold thereafter in the usual course of the retailer's business; or b. Such exchanged property is an automotive vehicle and is exchanged for another automotive vehicle and both vehicles are subject to licensing, registration or certification under the laws of the State of Colorado, including, without limitation, vehicles operating on public highways, off-highway recreation vehicles and watercraft. Purchaser : Any person to whom a taxable service has been rendered or who has leased or purchased at retail tangible personal property within the city upon which a tax is imposed by this chapter. Recreation services : All services relating to athletic or entertainment participation events AND/OR ACTIVITIES including, but not limited to, pool, golf, billiards, skating, tennis, bowling, HEALTH/ATHLETIC CLUB MEMBERSHIPS, coin operated amusement devices, and video games AND VIDEO CLUB MEMBERSHIPS. Regulations : Those regulations promulgated by the Treasurer pursuant to the authority delegated to him or her by section 22-3, as the same may be from time to time amended. Retail sales : All sales except wholesale sales. Retailer or vendor : Any person selling, leasing, or renting OR GRANTING A LICENSE TO USE tangible personal property or services at retail. Retailer shall include, BUT IS NOT LIMITED TO, ANY: (1) Auctioneer; (2) Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; (3) Charitable organization or governmental entity which makes sales of tangible personal property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes. Attachment 1 4) RETAILER-CONTRACTOR, WHEN ACTING IN THE CAPACITY OF A SELLER OF BUILDING SUPPLIES, CONSTRUCTION MATERIALS, AND OTHER TANGIBLE PERSONAL PROPERTY. RETAILER-CONTRACTOR : A CONTRACTOR WHO IS ALSO A RETAILER OF BUILDING SUPPLIES, CONSTRUCTION MATERIALS, OR OTHER TANGIBLE PERSONAL PROPERTY, AND PURCHASES, MANUFACTURES, OR FABRICATES SUCH PROPERTY FOR SALE (WHICH MAY INCLUDE INSTALLATION), REPAIR WORK, TIME AND MATERIALS JOBS, AND/OR LUMP SUM CONTRACTS. Return : The standard municipal sales and use tax reporting form, and any subsequent revisions thereto, used to report Wheat Ridge sales and use tax ANY FORM PRESCRIBED BY THE CITY ADMINISTRATION FOR COMPUTING AND REPORTING A TOTAL TAX LIABILITY. Rooms or accommodations: A room, suite or similar group of rooms rented or leased for the primary purpose of temporary personal habitation. Sale : A retail sale as defined herein. Sales tax : The tax to be THAT IS collected OR REQUIRED TO BE COLLECTED and remitted by a retailer on sales taxed under this Code. Security system services : Electronic ALARM AND/OR MONITORING SERVICES security system services for a building or portion thereof. Such term does not include nonelectronic security services such as consulting or human or guard dog patrol services. Sound system services : Sound system services involving THE provision of broadcast or prerecorded audio programming to a building or a portion thereof. Such term does not include installation of sound systems where the entire system becomes the property of the building owner or the sound system service is for presentation of live performances. Storage : The ANY keeping or retention of, OR the exercise of dominion or control over, or the possession of, FOR ANY LENGTH OF TIME, tangible personal property NOT WHILE IN TRANSIT BUT ON A STAND STILL BASIS FOR FUTURE USE WHEN LEASED, RENTED OR PURCHASED under lease or purchase at retail from SOURCES another person EITHER within or without the city FROM ANY PERSON OR VENDOR. Tangible personal property : Any corporeal pPersonal property THAT CAN BE ONE OR MORE OF THE FOLLOWING: which may be seen, weighed, measured, felt, or touched, STORED, TRANSPORTED, EXCHANGED, OR THAT IS IN ANY OTHER MANNER PERCEPTIBLE TO THE SENSES. Tax : The use tax due from a consumer or the sales tax due from a retailer or the sum of both due from a retailer who also consumes. Tax deficiency : Any amount of tax, PENALTY, INTEREST, OR OTHER FEE that is not reported AND/or not paid on or before the due date THAT ANY RETURN OR PAYMENT OF THE TAX IS REQUIRED UNDER THE TERMS OF THIS CODE. Attachment 1 Taxable sales : Gross sales less any exemptions and deductions specified in this Code. Taxable services : Services subject to tax pursuant to this Code. Taxpayer : Any person obligated to collect and/or pay tax under the terms of this Code. Telecommunications service : The SERVICE OF WHICH THE OBJECT IS THE TRANSMISSION OF ANY TWO-WAY INTERACTIVE ELECTRONIC OR ELECTROMAGNETIC COMMUNICATIONS INCLUDING BUT NOT LIMITED TO VOICE, IMAGE, DATA AND ANY OTHER INFORMATION, BY THE USE OF ANY MEANS BUT NOT LIMITED TO WIRE, CABLE, FIBER OPTICAL CABLE, MICROWAVE, RADIO WAVE, VOICE OVER INTERNET PROTOCOL (VOIP), OR ANY COMBINATIONS OF SUCH MEDIA, INCLUDING ANY FORM OF MOBILE TWO-WAY COMMUNICATION transmission of any two-way interactive electromagnetic communications, including, but not limited to, voice, image, data and any other information, by the use of any means but not limited to wire, cable, fiber optical cable, microwave, radio wave or any combinations of such media. "Telecommunications service" includes, but is not limited to, basic local exchange telephone service, toll telephone service and teletypewriter service, including, but not limited to, residential and business service, directory assistance, cellular mobile telephone or telecommunication service, specialized mobile radio and two-way pagers and paging service, including any form of mobile two-way communication. "Telecommunications service" does not include separately stated nontransmission services which constitute computer processing applications used to act on the information to be transmitted. Theater operator : Any person, whether owner, operator, lessee or any other person, who charges or causes to be charged admission to a performance or show at a theater open to the public. Therapeutic device : Devices, appliances or related accessories that are sold to correct or treat a human physical disability or surgically created abnormality; if such device, appliance or related accessory has a retail value of more than one hundred dollars ($100.00), it must be sold in accordance with a written recommendation from a licensed doctor to qualify as a "therapeutic device" for purposes of this Code. TOLL FREE TELECOMMUNICATIONS SERVICE : A TELECOMMUNICATIONS SERVICE THAT ALLOWS A CALLER TO DIAL A NUMBER WITHOUT INCURRING AN ADDITIONAL CHARGE FOR THE CALL. Third-party recordkeeper : An entity which has contractually undertaken the duty of collection of accounts from city residents or businesses for taxable services or sales undertaken or occurring within the city, which third-party recordkeeper shall have the rights, duties and obligations as specified in section 22-42(h) hereof. Total tax liability : The total of all tax, penalties and/or interest owed by a taxpayer and shall include sales tax collected in excess of such tax computed on total sales. Transfer of ownership point : The geographical location at which point the purchaser takes physical or legal possession of the property. Treasurer : The treasurer, or his designee, including, not by way of limitation, the deputy treasurer or the finance assistant/sales tax auditor. Attachment 1 Use : The exercise, for any length of time, by any person, corporation, partnership or association within the city of any right, power or dominion over tangible personal property OR SERVICES WHEN RENTED, LEASED OR PURCHASED by lease or purchase AT RETAIL FROM SOURCES EITHER WITHIN OR WITHOUT THE CITY FROM ANY PERSON OR VENDOR OR USED IN THE PERFORMANCE OF A CONTRACT IN THE CITY WHETHER SUCH TANGIBLE PERSONAL PROPERTY IS OWNED OR NOT OWNED BY THE TAXPAYER. USE ALSO INCLUDES THE WITHDRAWAL OF ITEMS FROM INVENTORY FOR CONSUMPTION. Use tax : The tax paid or required to be paid by a consumer for using, storing, distributing or otherwise consuming tangible personal property or taxable services inside the city. Vehicle : Any vehicle or device in, upon or by which any person or property is or may be transported or drawn upon a public highway, including, but not limited to, motor vehicles, trailers, semitrailers, mobile homes, mobile machinery or self-propelled construction equipment, but excluding devices moved by human power or used exclusively upon stationary rails or tracks. Vendor's fee : The portion of total sales tax collected by a licensed taxpayer under the requirements of this chapter that the taxpayer may retain as payment or offset for his expense in collecting and remitting the sales tax collected from taxable sales and leases to purchasers and consumers. The vendor's fee may only be retained when sales tax collected has been remitted to the city as prescribed in this chapter. The vendor's fee is set forth at section 22-40(b). WATS/800 service : Any outbound or inbound interstate wide are a telecommunications service or other similar service which entitles the subscriber, upon payment of a periodic charge, based upon a flat amount and/or usage, to make or receive a large volume of telephonic communications to or from persons having telephone or radio telephone stations in specified areas which are outside the telephone system area in which the subscriber's station is located. Wholesale sales : Sales BY WHOLESALERS TO RETAILERS, JOBBERS, DEALERS, OR OTHER WHOLESALERS FOR RESALE AND DOES NOT INCLUDE A SALE BY WHOLESALERS TO USERS OR CONSUMERS NOT FOR RESALE; LATTER TYPES OF SALES SHALL BE DEEMED TO BE RETAIL SALES AND SHALL BE SUBJECT TO THE PROVISIONS OF THIS CHAPTER to licensed retailers, jobbers, dealers or wholesalers for resale. Sales by wholesalers to consumers are not wholesale sales. Sales by wholesalers to nonlicensed retailers are not wholesale sales. Wholesaler : Any person DOING AN ORGANIZED WHOLESALE OR JOBBING BUSINESS AND selling to retailers, jobbers, dealers or other wholesalers for THE PURPOSE OF resale, and not for storage, use, consumption or distribution. (b) Usage. As used in this chapter and elsewhere, a masculine pronoun shall include the feminine and vice versa, and a singular pronoun shall include the plural and vice versa, unless the context in which the pronoun is used indicates otherwise. Section 2. Section 22-22 of the Code, concerning legislative intent, is hereby amended as follows: Sec. 22-22. Legislative intent. Attachment 1 It is the intent of the city that all sales, transfers or consumption of tangible personal property AND SERVICES within the city shall be subject to the sales and/or use tax imposed hereby, unless the same is specifically exempted from taxation under the provisions of sections 22-58 or 22-67 hereof. The city council hereby reaffirms its authority as a home rule city, pursuant to the provisions of Article XX of the Constitution of the State of Colorado, and the Home Rule Charter of the City of Wheat Ridge, to "assess, levy and collect" local sales and use taxes as deemed appropriate by the city council in the exercise of its lawful legislative discretion. Section 3. Subsection 22-33(b) of the Code, concerning the administrative authority of the City Treasurer to promulgate rules, regulations and forms, is hereby amended as follows: (b) The rules and regulations AND FORMS as prescribed ISSUED by the treasurer and, as from time to time are amended by the treasurer, pursuant to THE his or her authority specified in paragraph (a) shall be published ON THE CITY’S WEB SITE AND MADE AVAILABLE FOR PUBLIC INSPECTION DURING REGULAR BUSINESS HOURS IN THE OFFICE OF THE TREASURER and appear as appendix A to this chapter. The forms developed pursuant to paragraph (a) for making returns and reporting taxes assessed under this chapter shall be published and appear as appendix B to this chapter. WHEN ANY SUCH RULE, REGULATION OR FORM IS ISSUED OR AMENDED, THE TREASURER SHALL PREPARE A NOTICE, SETTING FORTH THE GENERAL NATURE OF THE NEW RULE, REGULATION OR FORM, OR AMENDMENT THERETO, AS APPLICABLE, AND THAT THE SAME MAY BE INSPECTED ON THE CITY’S WEB SITE AND IN THE OFFICE OF THE TREASURER DURING REGULAR BUSINESS HOURS. THE TREASURER SHALL CAUSE THE NOTICE TO BE POSTED AT THE WHEAT RIDGE MUNICIPAL BUILDING AND PUBLISHED ON THE CITY’S WEB SITE. Section 4. Paragraph 22-36(a)(1) of the Code, concerning the process under which a purchaser may request a refund of a tax paid at purchase, is hereby amended as follows: (1) The purchaser may apply for a refund by submitting to the treasurer in writing the amount and reason for such refund within sixty (60) days THREE (3) YEARS of the date of purchase for the unintentional payment of tax on exempt purchases or an overpayment of taxes reported and paid by any taxpayer to the treasurer. Section 5. Subsection 22-38(a) of the Code, concerning the filing of a final return upon the closure or sale of a business, is hereby amended as follows: (a) Any retailer VENDOR who shall sellS out his ITS business or stock of goods or shall quit OTHERWISE TERMINATES business OPERATIONS shall be required to file a final return as provided in this chapter within ten (10) days of the date of the sale of his business or stock of goods or of quitting business BY THE TWENTIETH (20TH) DAY OF THE CALENDAR MONTH FOLLOWING SUCH SALE OR TERMINATION. Attachment 1 Section 6. Section 22-39 of the Code, concerning the liability of retailer or vendor for tax collection, is hereby amended by the deletion of subsection (c) thereunder and by renumbering existing subsection (d) as “(c)”. Section 7. Subsection 22-39(b) of the Code, concerning the inclusion of sales tax in pricing, is hereby amended as follows: (b) Except as provided in subsections (1) and (2) of this paragraph (b), it shall be unlawful for any retailer to advertise or hold out or state to the public or to any consumer, directly or indirectly, that the city sales tax or any part thereof shall be assumed or absorbed by the retailer, or that it will not be added to the selling price of the property sold, or if added, that it or any part thereof shall be refunded, or the sales tax is not considered an element in the sales price to the consumer. Any person violating any provisions of this section shall be subject to the penalties provided in this chapter. (1) Nothing contained in this section shall be deemed to prohibit any retailer selling malt, vinous or spirituous liquors by the drink from including in his THE sales price any city sales tax. (2) Nothing contained in this section shall be deemed to prohibit any owner or operator of vending machines or coin-operated devices from including in his THE sales price any city sales tax. (3) NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO PROHIBIT ANY OWNER OR OPERATOR OF A PRODUCE STAND, SPECIAL EVENT BOOTH, FARMERS’ MARKET BOOTH OR OTHER BOOTH OR STAND CONDUCTING RETAIL SALES AT A CITY-LICENSED EVENT FROM INCLUDING IN THE SALES PRICE ANY CITY SALES TAX. Section 8. The title of Section 22-42 of the Code, concerning business records, burden of proof and audits, is hereby amended as follows: Sec. 22-42. Business records; burden of proof; AUDIT. Section 9. Subsection 22-42(e) of the Code, concerning the place of audit, is hereby amended as follows: (e) Place of audit. The city has adopted the policy of auditing a taxpayer's records only at the taxpayer's business location where such business records are routinely kept AT A LOCATION IN WHEAT RIDGE OR AT SOME OTHER LOCATION DESIGNATED BY THE TREASURER OR HIS OR HER DESIGNEE, OR AT CITY OFFICES BY ELECTRONIC MEANS. Notwithstanding this policy, the treasurer may, under exceptional circumstances, permit limited scope auditing of a taxpayer's records by mail. Such a determination is solely within the discretion of the treasurer and is not an appealable issue. Any person under audit WHO REQUESTS AN AUDIT LOCATION OTHER THAN A LOCATION DESIGNATED BY THE TREASURER OR HIS OR HER DESIGNEE SHALL PAY THE DIRECT COSTS AND EXPENSES INCURRED BY THE CITY TO PERFORM THE AUDIT IN THE REQUESTED LOCATION. Attachment 1 Section 10. Paragraph 22-42(i)(7) of the Code, concerning when a coordinated audit is not available, is hereby amended as follows: (7) The coordinated audit procedure set forth in this section shall not apply: a. When the proposed audit is a jeopardy audit; OR b. To audits for which a notice of audit was given prior to Dec. 9, 2002; c. When a taxpayer refuses to promptly sign a waiver of the time limits established in sections 22-42(d) and 22-44(a) of this Code of Laws; or d. When a taxpayer fails to provide a timely and complete request for a coordinated audit as provided in such paragraph (2) of this subsection 22-42(i). Section 11. Paragraph 22-43(b)(2) of the Code, concerning a taxpayer demand for a hearing on estimated taxes due, is hereby amended as follows: (2) Unless the taxpayer files a written demand for administrative hearing and determination of tax liability, as provided in section 22-45 hereof, within twenty (20) THIRTY (30) days from the date of mailing or posting, whichever is later, of such notice, THE TAXPAYER he shall conclusively be deemed to have accepted the estimate as a fair and accurate determination of his tax obligation and shall thereby waive the right to contest that determination. In the event that such a hearing is held, the determination of the hearing officer shall be reviewable as provided in section 22-45 hereof. Section 12. Paragraph 22-46(n)(1), concerning the statute of limitations for refunds, is hereby amended as follows: (1) Refunds. Any claim for refunds for disputed tax shall be submitted to the treasurer on or before sixty (60) days THREE (3) YEARS from the date of such purchase IF FILED BY THE PURCHASER AND THREE (3) YEARS FROM THE DATE OF PAYMENT IF FILED BY THE VENDOR. a. Any claim for refund resulting from a notice of overpayment shall be submitted to the city on or before thirty (30) days after the date of such notice of overpayment. b. Any other claim for refund shall be filed on or before three (3) years after the date such overpayment was paid to the city. Section 13. Section 22-48 of the Code, concerning notice of tax ordinance amendment, is hereby amended as follows: Sec. 22-48. Notice of sales and use tax ordinance amendment. (a) In order to initiate a central register of sales and use tax ordinances for municipalities that administer local sales tax collection, the treasurer shall file with the Colorado Municipal League prior to Dec. 9, 2002. Attachment 1 (b) In order to keep current the central register of sales and use tax ordinances for municipalities that administer local sales tax collection, the treasurer of the city shall file with the Colorado Municipal League, prior to the effective date of any amendment, a copy of each sales and use tax ordinance amendment enacted by the city. (c B) Failure of the city to file such ordinance or ordinance amendment pursuant to this section shall not invalidate any provision of the sales and use tax ordinance or any amendment thereto. Section 14. Section 22-49 of the Code, concerning Treasurer participation in Colorado Municipal League tax committee meetings, is hereby deleted and designated as “Reserved.” Section 15. Subsection 22-57(15) of the Code, concerning sales tax on the price of admission to amusement and entertainment events, is hereby deleted and designated as “Reserved.” Section 16. Paragraph 22-58(a)(22) of the Code, concerning the tax exemption of commercial packing materials, is hereby amended as follows: (22) Sales of COMMERCIAL PACKAGING MATERIALS tangible personal property for use as containers, labels and shipping cases to a person engaged in manufacturing or compounding for sale shall be deemed to be wholesale sale when it meets all of the following conditions: a. The property is used by the manufacturer or compounded to contain or label the finished product so manufactured or compounded; b. The property is sold by the manufacturer or compounder along with and as a part of the finished product; and c. The property is not returnable to the manufacturer for reuse. Section 17. Paragraph 22-58(a)(26) of the Code, concerning sales tax exemptions and currently designated as “Reserved” is hereby amended to read in its entirety as follows: (26) THE SALE OF A THERAPEUTIC DEVICE WITH A RETAIL VALUE OF ONE HUNDRED DOLLARS ($100.00) OR LESS. Section 18. Section 11-68 of the Code, concerning proration of the annual liquor license occupation tax, is hereby amended as follows: Sec. 11-68. No pProration for portion of year. COMMENCING WITH THE LICENSING YEAR 2018, the tax levied by this division is assessed for the PORTION OF THE calendar year DURING WHICH A LIQUOR ESTABLISHMENT OPERATED UNDER A GIVEN BUSINESS LICENSE, or any portion thereof, and no pProration shall be made BASED ON THE NUMBER OF FULL MONTHS REMAINING IN THE YEAR WHEN A LIQUOR ESTABLISHMENT’S BUSINESS LICENSE IS ISSUED OR PERMANENTLY TERMINATES where the business is used for only a portion of a year; and no Attachment 1 refund shall be made to any person who discontinues such business during the year. Section 19. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 20. 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 21. 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 5 to 0 on this 27th day of March, 2017, 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 April 10, 2017, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______, this ________ day of _____________________, 2017. SIGNED by the Mayor on this ________ day of ____________________, 2017. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: March 30, 2017 Second Publication: Wheat Ridge Transcript Effective Date: FINAL 02/23/16 Attachment 2 Definitions highlighted in yellow do not exist in current Code and are not currently recommended for adoption. Definitions highlighted in green do not currently exist in Code; Staff recommends adding. Definitions highlighted in blue currently exist in the Code and require minor grammar or style changes. Staff recommends adoption. Un-highlighted definitions currently exist in the Code; Staff recommends adopting. 2016 SALES TAX SIMPLIFICATION MODEL ORDINANCE I. Standardized Definitions SECTION _____. WORDS AND PHRASES DEFINED: The following words and phrases as used in this chapter shall have the following meaning: (1) “Agricultural Producer” means a person regularly engaged in the business of using land for the production of commercial crops or commercial livestock. The term includes farmers, market gardeners, commercial fruit growers, livestock breeders, dairymen, poultrymen, and other persons similarly engaged, but does not include a person who breeds or markets animals, birds, or fish for domestic pets nor a person who cultivates, grows, or harvests plants or plant products exclusively for that person's own consumption or casual sale. (2) “Aircraft” means a device that is used or intended to be used for flight in the air. (3) “Aircraft Part” means any tangible personal property that is intended to be permanently affixed or attached as a component part of an aircraft. (4) “Aircraft Simulator” means a Flight Simulator Training Device (FSTD) as defined in Part I of Title 14 of the Code of Federal Regulations that is qualified in accordance with Part 60 of Title 14 of the Code of Federal Regulations for use in a Federal Aviation Administration Approved Flight Training Program. (5) “Aircraft Simulator Part” means any tangible personal property that is originally designed and intended to be permanently affixed or attached as a component part of an aircraft, and which will also function when it is permanently affixed or attached as a component part of an aircraft simulator. (6) “Airline Company” means any operator who engages in the carriage by aircraft of persons or property as a common carrier for compensation or hire, or the carriage of mail, or any aircraft operator who operates regularly between two (2) or more points and publishes a flight schedule. Airline Company shall not include operators whose aircraft are all certified for a gross takeoff weight of twelve thousand five hundred (12,500) pounds or less and who do not engage in scheduled service or mail carriage service. FINAL 02/23/16 Attachment 2 (7) “Auction” means any sale where tangible personal property is sold by an auctioneer who is either the agent for the owner of such property or is in fact the owner thereof. (8) “Automotive Vehicle” means any vehicle or device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air. Automotive Vehicle includes, but is not limited to, motor vehicles, trailers, semi-trailers, or mobile homes. Automotive Vehicle shall not include devices moved by human power or used exclusively upon stationary rails or tracks. (9) “Business” means all activities engaged in or caused to be engaged in with the object of gain, benefit, or advantage, direct or indirect. (10) “Candy” means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruit, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. Candy does not include any preparation containing flour, products that require refrigeration or marijuana infused products. (11) “Carrier Access Services” means the services furnished by a local exchange company to its customers who provide telecommunications services which allow them to provide such telecommunications services. (12) Charitable Organization” means any entity which: (1) has been certified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code, and (2) is an organization which exclusively, and in a manner consistent with existing laws and for the benefit of an indefinite number of persons or animals, freely and voluntarily ministers to the physical, mental, or spiritual needs of persons or animals, and thereby lessens the burden of government. (13) “City” or “Town” means the municipality of (name of municipality). (14) “Coins” means monetized bullion or other forms of money manufactured from gold, silver, platinum, palladium or other such metals now, in the future or heretofore designated as a medium of exchange under the laws of this State, the United States or any foreign nation. (15) “Coin Operated Device” means any device operated by coins or currency or any substitute therefor. (16) “Collection Costs” shall include, but is not limited to, all costs of audit, assessment, bank fees, hearings, execution, lien filing, distraint, litigation, locksmith fees, auction fees and costs, prosecution and attorney fees. (17) “Commercial Packaging Materials” means containers, labels, and/or cases, that become part of the finished product to the purchaser, used by or sold to a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing or FINAL 02/23/16 Attachment 2 bottling for sale, profit or use, and is not returnable to said person for reuse. Commercial Packaging Materials does not include Commercial Shipping Materials. (18) “Commercial Shipping Materials” means materials that do not become part of the finished product to the purchaser which are used exclusively in the shipping process. Commercial Shipping Materials include but are not limited to containers, labels, pallets, banding material and fasteners, shipping cases, shrink wrap, bubble wrap or other forms of binding, padding or protection. (19) “Community Organization” means a nonprofit entity organized and operated exclusively for the promotion of social welfare, primarily engaged in promoting the common good and general welfare of the community, so long as: (1) No part of the net earnings of which inures to the benefit of any private shareholder or individual; (2) No substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation; and (3) Which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office. (20) “Construction Equipment” means any equipment, including mobile machinery and mobile equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real property, building, structure or infrastructure. (21) “Construction Materials” means tangible personal property which, when combined with other tangible personal property, loses its identity to become an integral and inseparable part of a structure or project including public and private improvements. Construction Materials include, but are not limited to, such things as: asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wallpaper, weather stripping, wire netting and screen, water mains and meters, and wood preserver. The above materials, when used for forms, or other items which do not remain as an integral and inseparable part of completed structure or project are not construction materials. (22) “Consumer” means any person in the City who purchases, uses, stores, distributes or otherwise consumes tangible personal property or taxable services, purchased from sources inside or outside the City. (23) “Contract Auditor” means a duly authorized agent designated by the taxing authority and qualified to conduct tax audits on behalf of and pursuant to an agreement with the municipality. (24) “Contractor” means any person who shall build, construct, reconstruct, alter, expand, modify, or improve any building, dwelling, structure, infrastructure, or other improvement FINAL 02/23/16 Attachment 2 to real property for another party pursuant to an agreement. For purposes of this definition, Contractor also includes subcontractor. (25) “Cover Charge” means a charge paid to a club or similar entertainment establishment which may, or may not, entitle the patron paying such charge to receive tangible personal property, such as food and/or beverages. (26) “Data Processing Equipment” means any equipment or system of equipment used in the storage, manipulation, management, display, reception or transmission of information. (27) “Digital Product” means an electronic product including, but not limited to: (1) “digital images” which means works that include, but are not limited to, the following that are generally recognized in the ordinary and usual sense as “photographs,” “logos,” “cartoons,” or “drawings.” (2) “digital audio-visual works” which means a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any, (3) “digital audio works” which means works that result from the fixation of a series of musical, spoken, or other sounds, including ringtones. For purposes of the definition of “digital audio works”, “ringtones” means digitized sound files that are downloaded onto a device and that may be used to alert the customer with respect to a communication, and (4) “digital books” which means works that are generally recognized in the ordinary and usual sense as “books”. (28) “Distribution” means the act of distributing any article of tangible personal property for use or consumption, which may include, but not be limited to, the distribution of advertising gifts, shoppers’ guides, catalogs, directories, or other property given as prizes, premiums, or for goodwill or in conjunction with the sales of other commodities or services. (29) “Dual Residency” means those situations including, but not limited to, where a person maintains a residence, place of business or business presence, both within and outside the City. A person shall be deemed to have established a legitimate residence, place of business or business presence outside of the City for purposes of dual residency if the person has a physical structure owned, leased or rented by such person which is designated by street number or road location outside of the City, has within it a telephone or telephones in the name of such person and conducts business operations on a regular basis at such location in a manner that includes the type of business activities for which the business (person), as defined in this Code, is organized. (30) “Dwelling Unit” means a building or any portion of a building designed for occupancy as complete, independent living quarters for one (1) or more persons, having direct access from the outside of the building or through a common hall and having living, sleeping, kitchen and sanitary facilities for the exclusive use of the occupants. (31) “Engaged in Business in the City” means performing or providing services or selling, leasing, renting, delivering or installing tangible personal property for storage, use or FINAL 02/23/16 Attachment 2 consumption, within the City. Engaged in Business in the City includes, but is not limited to, any one of the following activities by a person: (1) Directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of business within the taxing jurisdiction; (2) Sends one or more employees, agents or commissioned sales persons into the taxing jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; (3) Maintains one or more employees, agents or commissioned sales persons on duty at a location within the taxing jurisdiction; (4) Owns, leases, rents or otherwise exercises control over real or personal property within the taxing jurisdiction; or (5) Makes more than one delivery into the taxing jurisdiction within a twelve month period by any means other than a common carrier. (32) “Factory Built Housing” means a manufactured home or modular home. (33) “Farm Closeout Sale” means full and final disposition of all tangible personal property previously used by a farmer or rancher in farming or ranching operations which are being abandoned. (34) “Farm Equipment” means any farm tractor, as defined in Section 42-1-102(33), C.R.S., any implement of husbandry, as defined in Section 42-1-102(44), C.R.S., and irrigation equipment having a per unit purchase price of at least one thousand dollars ($1,000.00). Farm Equipment also includes, regardless of purchase price, attachments and bailing wire, binders twine and surface wrap used primarily and directly in any farm operation. Farm Equipment also includes, regardless of purchase price, parts that are used in the repair or maintenance of the Farm Equipment described in this Paragraph, all shipping pallets, crates, or aids paid for by a farm operation, and aircraft designed or adapted to undertake agricultural applications. Farm Equipment also includes, regardless of purchase price, dairy equipment. Except for shipping pallets, crates or aids used in the transfer or shipping of agricultural products, Farm Equipment does not include: (1) Vehicles subject to the registration requirements of Section 42-3-103, C.R.S., regardless of the purpose for which such vehicles are used; (2) Machinery, equipment, materials, and supplies used in a manner that is incidental to a farm operation; (3) Maintenance and janitorial equipment and supplies; and (4) Tangible personal property used in any activity other than farming, such as office equipment and supplies and equipment and supplies used in the sale or distribution of farm products, research, or transportation. (35) “Farm Operation” means the production of any of the following products for profit, including, but not limited to, a business that hires out to produce or harvest such products: (1) Agricultural, viticultural, fruit, and vegetable products; (2) Livestock; (3) Milk; (4) Honey; and (5) Poultry and eggs. (36) “Finance Director” means the Finance Director of (name of municipality) or such other person designated by the municipality; Finance Director shall also include such person's designee. FINAL 02/23/16 Attachment 2 (37) “Food For Home Consumption” means food for domestic home consumption as defined in 7 U.S.C. sec. 2012 (k) (2014), as amended, for purposes of the supplemental nutrition assistance program, or any successor program, as defined in 7 U.S.C. sec. 2012 (t), as amended; except that "food" does not include carbonated water marketed in containers; chewing gum; seeds and plants to grow foods; prepared salads and salad bars; packaged and unpackaged cold sandwiches; deli trays; and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated coin-collecting food and snack devices on behalf of a vendor. (38) “Garage Sales” means sales of tangible personal property, except automotive vehicles, occurring at the residence of the seller, where the property to be sold was originally purchased for use by members of the household where such sale is being conducted. The term includes, but is not limited to, yard sales, estate sales, and block sales. (39) “Gross Sales” means the total amount received in money, credit, property or other consideration valued in money for all sales, leases, or rentals of tangible personal property or services. (40) “Internet Access Services” means services that provide or enable computer access by multiple users to the Internet, but shall not include that portion of packaged or bundled services providing phone or television cable services when the package or bundle includes the sale of Internet Access Services. (41) “Internet Subscription Service” means software programs, systems, data and applications available online through rental, lease or subscription, that provide information and services including, but not limited to, data linking, data research, data analysis, data filtering or record compiling. (42) “License” means a (name of municipality) sales and/or use tax license. (43) “Linen Services” means services involving the provision and cleaning of linens, including but not limited to rags, uniforms, coveralls and diapers. (44) “Machinery” means any apparatus consisting of interrelated parts used to produce an article of tangible personal property. The term includes both the basic unit and any adjunct or attachment necessary for the basic unit to accomplish its intended function. (45) “Manufactured Home” means any preconstructed building unit or combination of preconstructed building units, without motive power, where such unit or units are manufactured in a factory or at a location other than the residential site of the completed home, which is designed and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a vehicle. (46) “Manufacturing” means the operation or performance of an integrated series of operations which places a product, article, substance, commodity, or other tangible personal property FINAL 02/23/16 Attachment 2 in a form, composition or character different from that in which it was acquired whether for sale or for use by a manufacturer. The change in form, composition or character must result in a different product having a distinctive name, character or use from the raw or prepared materials. (47) “Medical Marijuana” means marijuana acquired, possessed, cultivated, manufactured, delivered, transported, supplied, sold, or dispensed to a person who qualifies as a patient with a debilitating medical condition(s) under Article XVIII, Section 14, of the Colorado Constitution, and which person holds a valid “registry identification card” issued by the State of Colorado pursuant to Colorado Constitution, Article XVIII, Section 14. (48) “Mobile Machinery and Self-Propelled Construction Equipment” means those vehicles, self-propelled or otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo but which have been redesigned or modified by the mounting thereon of special equipment or machinery, and which may be only incidentally operated or moved over the public highways. This definition includes but is not limited to wheeled vehicles commonly used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches. (49) “Modular Home” means any structure that consists of multiple sections fabricated, formed or assembled in manufacturing facilities for installation and assembly at the building site, and is constructed to the building codes adopted by the State Division of Housing, created in Section 24-32-706, C.R.S., and is designed to be installed on a permanent foundation. (50) “Motor Fuel” means gasoline, casing head or natural gasoline, benzol, benzene and naphtha, gasohol and any other liquid prepared, advertised, offered for sale, sold for use or used or commercially usable in internal combustion engines for the generation of power for the propulsion of motor vehicles upon the public highways. The term does not include fuel used for the propulsion or drawing of aircraft or railroad cars or railroad locomotives. (51) “Newspaper” means a publication, printed on newsprint, intended for general circulation, and published regularly at short intervals, containing information and editorials on current events and news of general interest. The term Newspaper does not include: magazines, trade publications or journals, credit bulletins, advertising inserts, circulars, directories, maps, racing programs, reprints, newspaper clipping and mailing services or listings, publications that include an updating or revision service, or books or pocket editions of books. (52) “Online Garage Sales” means sales of tangible personal property, except automotive vehicles, occurring online, where the property to be sold was originally purchased for use by the seller or members of the seller’s household. FINAL 02/23/16 Attachment 2 (53) “Parent” means a parent of a student. (54) “Person” means any individual, firm, partnership, joint venture, corporation, limited liability company, estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit. (55) “Photovoltaic System” means a power system designed to supply usable solar power by means of photovoltaics, a method of converting solar energy into direct current electricity using semiconducting materials that create voltage or electric current in a material upon exposure to light. It consists of an arrangement of several components, including solar panels to absorb and convert sunlight into electricity, a solar inverter to change the electric current from DC to AC, as well as mounting, cabling, metering systems and other electrical accessories to set up a working system. (56) “Precious Metal Bullion” means any precious metal, including but not limited to, gold, silver, platinum, palladium, that has been put through a process of refining and is in such a state or condition that its value depends upon its precious metal content and not its form. (57) “Prepress Preparation Material” means all materials used by those in the printing industry including, but not limited to, airbrush color photos, color keys, dies, engravings, light-sensitive film, light-sensitive paper, masking materials, Mylar, plates, proofing materials, tape, transparencies, and veloxes, which are used by printers in the preparation of customer specific layouts or in plates used to fill customers' printing orders, which are eventually sold to a customer, either in their original purchase form or in an altered form, and for which a sales or use tax is demonstrably collected from the printer's customer, if applicable, either separately from the printed materials or as part of the inclusive price therefor. Materials sold to a printer which are used by the printer for the printer's own purposes, and are not sold, either directly or in an altered form, to a customer, are not included within this definition. (58) “Preprinted Newspaper Supplements” shall mean inserts, attachments or supplements circulated in newspapers that: (1) are primarily devoted to advertising; and (2) the distribution, insertion, or attachment of which is commonly paid for by the advertiser. (59) “Prescription Drugs for Animals” means a drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum the symbol “Rx Only”, and is dispensed in accordance with any order in writing, dated and signed by a licensed veterinarian specifying the animal for which the medicine or drug is offered and directions, if any, to be placed on the label. (60) “Prescription Drugs for Humans” means a drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum the symbol “Rx Only”, and is dispensed in accordance with any written or electronic order dated and signed by a licensed practitioner FINAL 02/23/16 Attachment 2 of the healing arts, or given orally by a practitioner and immediately reduced to writing by the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and any required information of the patient for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label. (61) “Price” or “Purchase Price” means the aggregate value measured in currency paid or delivered or promised to be paid or delivered in consummation of a sale, without any discount from the price on account of the cost of materials used, labor or service cost, and exclusive of any direct tax imposed by the federal government or by this article, and, in the case of all retail sales involving the exchange of property, also exclusive of the fair market value of the property exchanged at the same time and place of the exchange, if: (1) Such exchanged property is to be sold thereafter in the usual course of the retailer's business, or (2) Such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles are subject to licensing, registration, or certification under the laws of this state, including, but not limited to, vehicles operating upon public highways, off- highway recreation vehicles, watercraft, and aircraft. Any money or other consideration paid over and above the value of the exchanged property is subject to tax. Price or Purchase Price includes: (1) The amount of money received or due in cash and credits. (2) Property at fair market value taken in exchange but not for resale in the usual course of the retailer's business. (3) Any consideration valued in money, whereby the manufacturer or someone else reimburses the retailer for part of the purchase price and other media of exchange. (4) The total price charged on credit sales including finance charges which are not separately stated at the time of sale. An amount charged as interest on the unpaid balance of the purchase price is not part of the purchase price unless the amount added to the purchase price is included in the principal amount of a promissory note; except the interest or carrying charge set out separately from the unpaid balance of the purchase price on the face of the note is not part of the purchase price. An amount charged for insurance on the property sold and separately stated at the time of sale is not part of the purchase price. (5) Installation, applying, remodeling or repairing the property, delivery and wheeling-in charges included in the purchase price and not separately stated. (6) Transportation and other charges to effect delivery of tangible personal property to the purchaser. (7) Indirect federal manufacturers' excise taxes, such as taxes on automobiles, tires and floor stock. (8) The gross purchase price of articles sold after manufacturing or after having been made to order, including the gross value of all the materials used, labor and service performed and the profit thereon. Price or Purchase Price shall not include: (1) Any sales or use tax imposed by the State of Colorado or by any political subdivision thereof. FINAL 02/23/16 Attachment 2 (2) The fair market value of property exchanged if such property is to be sold thereafter in the retailers’ usual course of business. This is not limited to exchanges in Colorado. Out of state trade-ins are an allowable adjustment to the purchase price. (3) Discounts from the original price if such discount and the corresponding decrease in sales tax due is actually passed on to the purchaser, and the seller is not reimbursed for the discount by the manufacturer or someone else. An anticipated discount to be allowed for payment on or before a given date is not an allowable adjustment to the price in reporting gross sales. (62) “Private Communications Services” means telecommunications services furnished to a subscriber, which entitles the subscriber to exclusive or priority use of any communication channel or groups of channels, or to the exclusive or priority use of any interstate inter-communications system for the subscriber's stations. (63) “Prosthetic Devices for Animals” means any artificial limb, part, device or appliance for animal use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular patient; and is prescribed by a licensed veterinarian. Prosthetic devices include, but are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, and oxygen concentrators with related accessories. (64) “Prosthetic Devices for Humans” means any artificial limb, part, device or appliance for human use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular patient; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include, but are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, and oxygen concentrators with related accessories. (65) “Purchase” or “Sale” means the acquisition for any consideration by any person of tangible personal property, other taxable products or taxable services that are purchased, leased, rented, or sold. These terms include capital leases, installment and credit sales, and property and services acquired by: * (Drafter’s Note: for jurisdictions that have separate sales and use tax articles, for this definition in the sales tax article, would strike “used, stored, distributed, or consumed, and include it back in for the use tax article, but for jurisdictions with only sales tax or that combine sales and use tax in one article then include “used, stored, distributed, or consumed.) (1) Transfer, either conditionally or absolutely, of title or possession or both to tangible personal property, other taxable products, or taxable services; (2) A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements, to use tangible personal property, other taxable products, or taxable services; (2a) OPTION: insert after "services," and before the semi-colon, "The utilization of coin operated devices, except coin-operated telephones, which do not vend FINAL 02/23/16 Attachment 2 articles of tangible personal property shall be considered short term rentals of tangible personal property." * (Drafter's Note: 2a reflects the desire of several municipalities to state clearly in their codes that use of devices such as laundromat equipment is a taxable rental. ) (3) Performance of taxable services; or (4) Barter or exchange for other tangible personal property, other taxable products, or services. The terms Purchase and Sale do not include: (1) A division of partnership assets among the partners according to their interests in the partnership; (2) The transfer of assets of shareholders in the formation or dissolution of professional corporations, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; (3) The dissolution and the pro rata distribution of the corporation's assets to its stockholders, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; (4) A transfer of a partnership or limited liability company interest; (5) The transfer of assets to a commencing or existing partnership or limited liability company, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; (6) The repossession of personal property by a chattel mortgage holder or foreclosure by a lienholder; (7) The transfer of assets from a parent company to a subsidiary company or companies which are owned at least eighty percent by the parent company, which transfer is solely in exchange for stock or securities of the subsidiary company; (8) The transfer of assets from a subsidiary company or companies which are owned at least eighty percent by the parent company to a parent company or to another subsidiary which is owned at least eighty percent by the parent company, which transfer is solely in exchange for stock or securities of the parent corporation or the subsidiary which received the assets; (9) The transfer of assets between parent and closely held subsidiary companies, or between subsidiary companies closely held by the same parent company, or between companies which are owned by the same shareholders in identical percentage of stock ownership amounts, computed on a share-by-share basis, when a tax imposed by this article was paid by the transferor company at the time it acquired such assets, except to the extent that there is an increase in the fair market value of such assets resulting from the manufacturing, fabricating, or physical changing of the assets by the transferor company. To such an extent any transfer referred to in this paragraph (11) shall constitute a sale. For the purposes of this paragraph (11) , a closely held subsidiary corporation is one in which the parent company owns stock possessing or membership interest at least eighty percent of the total combined voting power of all classes of stock entitled to vote and owns at least eighty percent of the total number of shares of all other classes of stock. FINAL 02/23/16 Attachment 2 (65) OPTION: Same as above, except do not include subparagraphs (7), (8) and (9) * (Drafter's Note: (65) 1 reflects a preference by a minority of municipalities to consider the transactions described in subparagraphs (7) , (8) and (9) as “purchases” or “sales”; (65) is the State's language and that utilized by most municipalities.) (66) “Rail Carrier” means as defined in Section 10102 of Title 49 of the United States Code as of October 10, 2013, and as it may be amended hereafter. (67) “Rail Carrier Part” means any tangible personal property that is originally designed and intended to be permanently affixed or attached as a component part of a locomotive or rail car used by a rail carrier. (68) “Recreation Services” means all services relating to athletic or entertainment participation events and/or activities including but not limited to pool, golf, billiards, skating, tennis, bowling, health/athletic club memberships, coin operated amusement devices, video games and video club memberships. (69) “Renewable Energy” means any energy resource that is naturally regenerated over a short time scale and derived directly from the sun (such as thermal, photochemical, and photoelectric), indirectly from the sun (such as wind, hydropower, and photosynthetic energy stored in biomass), or from other natural movements and mechanisms of the environment (such as geothermal and tidal energy). Renewable Energy does not include energy resources derived from fossil fuels, waste products from fossil sources, or waste products from inorganic sources. (70) “Resident” means a person who resides or maintains one or more places of business within the City, regardless of whether that person also resides or maintains a place of business outside of the City. (71) “Retail Sales” means all sales except wholesale sales. (72) “Retailer” means any person selling, leasing, renting, or granting a license to use tangible personal property or services at retail. Retailer shall include, but is not limited to, any: (1) Auctioneer; (2) Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; (3) Charitable organization or governmental entity which makes sales of tangible personal property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes; (4) Retailer-Contractor, when acting in the capacity of a seller of building supplies, construction materials, and other tangible personal property. (73) “Retailer-Contractor” means a contractor who is also a retailer of building supplies, construction materials, or other tangible personal property, and purchases, manufactures, or FINAL 02/23/16 Attachment 2 fabricates such property for sale (which may include installation), repair work, time and materials jobs, and/or lump sum contracts. (74) “Return” means any form prescribed by the city/town administration for computing and reporting a total tax liability. (75) “Sale that Benefits a Colorado School” means a sale of a commodity or service from which all proceeds of the sale, less only the actual cost of the commodity or service to a person or entity as described in this Code, are donated to a school or a school-approved student organization. (76) “Sales Tax” means the tax that is collected or required to be collected and remitted by a retailer on sales taxed under this Code. (77) “School” means a public or nonpublic school for students in kindergarten through 12th grade or any portion thereof. (78) “Security System Services” means electronic alarm and/or monitoring services. Such term does not include non-electronic security services such as consulting or human or guard dog patrol services. (79) “Soft Drink” means a nonalcoholic beverage that contains natural or artificial sweeteners. “Soft drink” does not include beverages that contain milk or milk products, soy, rice, or similar milk substitutes, or greater than fifty percent of vegetable or fruit juice by volume. (80) “Software Program” means a sequence of instructions that can be measured, interpreted and executed by an electronic device (e.g. a computer, tablets, smart phones) regardless of the means by which it is accessed or the medium of conveyance. Software program includes: (1) Custom software program, which is a software program prepared to the special order or specifications of a single customer; (2) Pre-written software program, which is a software program prepared for sale or license to multiple users, and not to the special order or specifications of a single customer. Pre-written software is commonly referred to as “canned,” “off-the-shelf (“COTS”),” “mass produced” or “standardized;” (3) Modified software, which means pre-written software that is altered or enhanced by someone other than the purchaser to create a program for a particular user; and (4) The generic term “software,” “software application,” as well as “updates,” “upgrades,” “patches,” “user exits,” and any items which add or extend functionality to existing software programs. (81) “Software as a Service” means software that is rented, leased or subscribed to from a provider and used at the consumer’s location, including but not limited to applications, systems or programs. (82) “Software License Fee” means a fee charged for the right to use, access, or maintain software programs. FINAL 02/23/16 Attachment 2 (83) “Software Maintenance Agreement” means an agreement, typically with a software provider, that may include (1) provisions to maintain the right to use the software; (2) provisions for software upgrades including code updates, version updates, code fix modifications, enhancements, and added or new functional capabilities loaded into existing software, or (3) technical support (84) “Solar Thermal Systems” means a system whose primary purpose is to use energy from the sun to produce heat or cold for: (1) Heating or cooling a residential or commercial building; (2) Heating or cooling water; or (3) Any industrial, commercial, or manufacturing process. (85) “Sound System Services” means the provision of broadcast or pre-recorded audio programming to a building or portion thereof. Such term does not include installation of sound systems where the entire system becomes the property of the building owner or the sound system service is for presentation of live performances. (86) “Special Fuel” means kerosene oil, kerosene distillate, diesel fuel, all liquefied petroleum gases, and all combustible gases and liquids for use in the generation of power for propulsion of motor vehicles upon the public highways. The term does not include fuel used for the propulsion or drawing of aircraft, railroad cars or railroad locomotives. (87) “Special Sales Event” means any sales event which includes more than three (3) Vendors taking place at a single location for a limited period of time not to exceed seven (7) consecutive days. (88) “Storage” means any keeping or retention of, or exercise dominion or control over, or possession of, for any length of time, tangible personal property not while in transit but on a stand still basis for future use when leased, rented or purchased at retail from sources either within or without the City from any person or vendor. (89) “Student” means any person enrolled in a school. (90) “Tangible Personal Property” means personal property that can be one or more of the following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner perceptible to the senses. (91) “Tax” means the use tax due from a consumer or the sales tax due from a retailer or the sum of both due from a retailer who also consumes. (92) “Tax Deficiency” or “Deficiency” means any amount of tax, penalty, interest, or other fee that is not reported and/or not paid on or before the date that any return or payment of the tax is required under the terms of this Code. (93) “Taxable Sales” means gross sales less any exemptions and deductions specified in this Code. FINAL 02/23/16 Attachment 2 (94) “Taxable Services” means services subject to tax pursuant to this Code. (95) “Taxpayer” means any person obligated to collect and/or pay tax under the terms of this Code. (96) “Telecommunications Service” means the service of which the object is the transmission of any two-way interactive electronic or electromagnetic communications including but not limited to voice, image, data and any other information, by the use of any means but not limited to wire, cable, fiber optical cable, microwave, radio wave, Voice over Internet Protocol (VoIP), or any combinations of such media, including any form of mobile two- way communication. ** Drafter’s Note: Municipalities may consider adding, ‘“Telecommunications service” does not include separately stated non-transmission services which constitute computer processing applications used to act on the information to be transmitted’ to their exemption language. (97) “Television & Entertainment Services” means audio or visual content, that can be transmitted electronically by any means, for which a charge is imposed. (98) “Therapeutic Device” means devices, appliances, or related accessories that correct or treat a human physical disability or surgically created abnormality. (99) “Toll Free Telecommunications Service" means a Telecommunications Service that allows a caller to dial a number without incurring an additional charge for the call. (100) “Total Tax Liability” means the total of all tax, penalties and/or interest owed by a taxpayer and shall include sales tax collected in excess of such tax computed on total sales. (101) “Transient / Temporary Sale” means a sale by any person who engages in a temporary business of selling and delivering goods within the city for a period of no more than seven consecutive days. (102) “Transient / Temporary Vendor” means any person who engages in the business of Transient / Temporary Sales. (103) “Use” means the exercise, for any length of time by any person within the City of any right, power or dominion over tangible personal property or services when rented, leased or purchased at retail from sources either within or without the City from any person or vendor or used in the performance of a contract in the City whether such tangible personal property is owned or not owned by the taxpayer. Use also includes the withdrawal of items from inventory for consumption. (104) “Use Tax” means the tax paid or required to be paid by a consumer for using, storing, distributing or otherwise consuming tangible personal property or taxable services inside the City. FINAL 02/23/16 Attachment 2 (105) “Wholesale Sales” means a sale by wholesalers to retailers, jobbers, dealers, or other wholesalers for resale and does not include a sale by Wholesalers to users or consumers not for resale; latter types of sales shall be deemed to be Retail Sales and shall be subject to the provisions of this chapter. (106) “Wholesaler” means any person doing an organized wholesale or jobbing business and selling to Retailers, jobbers, dealers, or other Wholesalers, for the purpose of resale, and not for storage, use, consumption, or distribution. Jan. 31, 2017 The Standardized Sales Tax Project is a simplification e fort undertaken by locally collecting home rule cities and towns in conjunction with the business community and the Colorado General Assembly. This project is built on the strong partnership between municipal governments and the business community to work together to make locally collected taxes easier to file, report, and remit The General Assembly adopted Senate Joint Resolution (SJR) 14-038, asking the Colorado Municipal League (CML) to work with its members to develop a package of standardized definitions, reprising a successful e fort ledby CML in 1992. CML supported SJR14-038. The goals in developing these definitions were to add clarity aboucurrent tax practices without a fiscal impact. No new tax is levied and no increase in tax revenue is expectedbecause the updated definitions were drafted to reflect current tax practice Government and business recognize that the use of different definitions by locally collecting municipalities forthe same sales tax term is a source of complexity for businesses that operate in multiple municipalities. Using standardized definitions minimizes this complexit . CML’s membership has been strongly supportive of simplification e forts originating at the local level – and the CML Executive Board has recommended adoption of these definitions to its membership. Likewise, we urge youto consider the benefits of standardized sales tax definitions to your locally collecting city or town, as well as youresident businesses and multi-jurisdictional businesses that work hard to collect your sales tax. The following statewide associations, in addition to CML, support the adoption standardized sales tax definitionsby all 69 locally collecting home rule municipalities: Colorado Assocition of Commerce & Industry, Colorado Retail Council, Colorado Automobile Dealers Association, and Simplify Colorado Sales Tax. Sincerely, Sam MametColorado Municipal League Executive Director The Voice of Colorado’s Cities and Towns Loren Furman Colorado Association of Commerce & Industry Senior Vice President of State and Federal Relations Christopher Howes Colorado Retail Council President Tim Jackson Colorado Automobile Dealers Association President Tony Gagliardi National Federation of Independent Business Colorado State Director and Coalition to Simplify Colorado Sales Tax President Attachment 3