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HomeMy WebLinkAbout10/14/2005 6:30 p.m. Pre-Meeting ;\~;~1~;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 14. 2005 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF October 24. 2005 PROCLAMATIONS AND CEREMONIES Presentation of Elected Officials' Service Awards Brief reception to follow CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA CONSENT AGENDA: A. Acceptance of Quit Claim Deed and approval of Easement Agreement for Municipal Maintenance Facility Access. B Approval of Payment to CIRSA for deductible portion of claims paid by CIRSA for September 2005 property casualty in the amount of $29,21856 Item 1. CITY COUNCIL AGENDA. November 14, 2005 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 16-2005 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM PLANNED INDUSTRIAL DEVELOPMENT (PID) AND INDUSTRIAL (I) TO PLANNED MIXED USE DISTRICT (PMUD) FOR PROPERTY LOCATED AT 5060 WARD ROAD, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO WZ-05-07) (CASE NO WS-05-02) (IBC HOLDINGS) DECISIONS. RESOLUTIONS, AND MOTIONS Item 3. RESOLUTION 53-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $110,000 FOR CITY HALL IMPROVEMENTS AND TO APPROVE THE AWARD OF ITB-05-30 HVAC RETROFIT PHASE II CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT City of Wheat Ridge Office of the City Clerk Memorandum TO: Mayor and City Council; City Manager Randy Young; CItizens of Wheat Ridge FROM: Pam Anderson, City Clerk DATE. November 14,2005 SUBJECT: Public Announcement Regarding Swearing-In of Mayor and Council-Elect The followmg pubhc information statement will be read into the record at the November 14,2005 City Council meetmg: The Swearing-In Ceremony for Wheat Ridge Mayor and Council-Elect will be held on Monday, November 28th at 7:00 p.m. in the Council Chambers. There will be a reception and opportunity for photos following the meeting. Citizens may be wondering why the swearing-in occurs at a later date than in the past. This is due to legal requirements of the State Constitution and the coordinated election with Jefferson County. While the City Charter requires that Mayor and Council-elect are sworn in within a week, it also prohibits elected officials to take office before they are duly qualified. The Colorado State Constitution now provides for coordinated elections. The City Council voted to participate in coordinated elections with Jefferson County, and Title 1-10-102 of the Colorado election statute requires "that the County Official Abstract of V otes Cast, or certification of the election, takes place no later than the seventeenth day after any election coordinated by the county clerk and recorder". This process is due to begin at Jefferson County tomorrow, November 15th, and must be completed by November 17t\ provided there is not a recount in municipal races. Once completed, the Mayor and Council-elect will be duly qualified for office for the November 28th ceremony at the regular City Council Meeting. If you have questions about this process, please call the Wheat Ridge City Clerk's Office at (303) 235-2823. Page 1 of 1 Christa Jones From: Sent: To: Pam Anderson [pamela.anderson@comcast.net] Monday, November 14, 2005 12.25 PM Christa Jones Subject: An announcement tonight Attachments: 051114 Swearing in of Council-elect.doc Hey Christa! 1 was planmng on readmg this announcement at the meeting tomght. If you could read this after roll call tomght, I would appreciate it. Gretchen will not be chairing the meetmg tonight, although she was going to try to attend the receptiOn. I already spoke to Larry about this item, but he will need a reminder at the pre-meeting. My meeting wIth Lyle has been moved to 4 p.m. I will bring the balloons in then. Thanks! P S Karen Berry called and said that she may be late to the meeting. She has a meeting at the tec center that is due to let out at 6 15, and It will depend on traffic. I told Debbie. Pam Anderson Wheat Ridge City Clerk 303.235.2823 11/14/2005 (SIn~rrmmns CITY OF WHEAT RIDGE, COLORADO October 24. 2005 Mayor Cerveny called the Regular City Council Meeting to order at 7'00 p m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Deputy City Manager Patrick Goff; Director of Parks and Recreation, Joyce Manwaring, and interested citizens APPROVAL OF MINUTES OF October 10.2005 Motion by Mr DiTullio for the approval of the Minutes of October 10, 2005, seconded by Mrs Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny presented a Proclamation in Honor of Sandalwood Manor to Angela Shughart, Administrator The Mayor also read a Proclamation for National Arts and Humanities Month APPROVAL OF AGENDA as printed Item 1. CONSENT AGENDA A. RESOLUTION 50-2005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE APPROVING AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH JEFFERSON COUNTY TO PARTICIPATE IN THE COMMUITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM B RESOLUTION 51-2005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE AMENDING THE FISCAL YEAR 2005 BUDGET AND APPROVING THE UPGRADE OF THE TARGETVISION BROADCAST SYSTEM TO THE SYMON BROADCAST SYSTEM FOR THE OPERATION OF THE GOVERNMENT ACCESS CHANNEL BULLETIN BOARD C RESOLUTION 52-2005 - A RESOLUTION AUTHORIZING JEFFERSON COUNTY OPEN SPACE TO COMPLETE AN APPRAISAL, ENVIRONMENTAL ASSESSMENT, SURVEY, AND NEGOTIATE THE FAIR MARKET VALUE OF THE 1.25 ACRES OF PROPERTY LOCATED AT 4315 VAN GORDON STREET D Award the Purchase of the Prospect Park Playground Replacement. CITY COUNCIL MINUTES October 24, 2005 Page -2- E. Award RFB-05-44 Panasonic Computer Notebooks to Portable Computer Systems in the total amount of $28,819 F Request to waive building permit fees for a new Head Start Center in Wheat Ridge Consent Agenda was introduced and read by Mr Schulz. Motion by Mr Schulz for approval of the Consent Agenda, seconded by Mrs Adams, carried 8-0 CITY ATTORNEY'S MATTERS Mr Dahl requested a motion by the Council President to recess to convene to an executive session for the purpose of discussion of a personnel matter, specifically the City Manager evaluation ELECTED OFFICIALS' MATTERS Motion by Mrs Rotola to cancel the November ih and November 21st City Council Study session to schedule Elected Official Training sessions, seconded by Mr Schulz; carried 8-0 Motion by Mrs Rotola to go into executive session for a personnel matter under Charter Section 57(2) and Section 24-6-402 (4)(F), C R S , specifically' performance evaluation of the City Manager I further move to return to the open meeting at the close of the executive session for the purpose of taking any formal action deemed necessary; seconded by Mrs Sang, carried 8-0 Mr Gokey asked for a consensus to direct the City Attorney to research ordinances for requirements for caterers to have a liquor license, and bring the information before the Liquor Authority for consideration before bringing it before the Council at a study session The consensus was carried Meeting recessed to convene the executive session at 7:29 p m Meeting reconvened at 9'17 p m Motion by Mrs Rotola to increase the City Manager's salary by 5% or $6,038 for a total annual salary of $126,788 effective November 1,2005, seconded by Mrs Sang; carried 8-0 Motion by Mrs Rotola to grant the City Manager a $5,000 bonus, payable November 1, 2005, seconded by Mr Schulz and Mr Gokey; carried 7-1, with Mr DiTullio voting no CITY COUNCIL MINUTES. October 24, 2005 Page -3- APPROVED BY CITY COUNCIL ON NOVEMBER 2005 BY A VOTE OF to Lena Rotola, Council President The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions ITEM NO' -.1, A l REQUEST FOR CITY COUNCIL ACTION I($~' lll~ WI COUNCIL MEETING DATE: November 14,2005 TITLE: ACCEPT ANCE OF QUITCLAIM DEED AND APPROVAL OF EASEMENT AGREEMENT FOR MUNICIPAL MAINTENANCE FACILITY ACCESS o PUBLIC HEARING [gI BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:_) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 [S] -L~O Director of Public Works City~~O-J~ EXECUTIVE SUMMARY: Kenneth Hall has agreed to Quitclaim Deed to the City 90 feet of a driveway tract adjacent to the west Side ofthe MuniCipal Maintenance Facility. Mr. Hall has also agreed to enter into an access and utility easement over the remainder of the driveway from 44th Avenue to the mamtenance facility The Quitclaim Deed and Easement Agreement resolve the City's use of the common driveway in the Hall Subdivision. Total compensation to Mr Hall is $500. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The City purchased Tract C of the Hall Subdivision in 1997. Tract C was adjacent to the west side of the City Mamtenance facility and had access to 44th Avenue over a tract thought to be a public alley owned by the City During the design ofthe Police evidence building, it was learned that the access dnve had remained in the ownership of the developer, William Kenneth Hall. Staff negotiated the QUitclaim of the portion of driveway adjacent to the City's Tract C and an access and utility easement over the remainder of the driveway AL TERN A TIVES CONSIDERED: Abandon any rights to use of the driveway access to Tract C of the Hall Subdivision. FINANCIAL IMP ACT: The negotiated settlement for the Quitclaim and easement was $500. RECOMMENDED MOTION: "I move to accept the Quitclaim Deed and approve the Easement Agreement for the west 15 feet ofthe Hall Subdivision as described m the Quitclaim Deed and Easement Agreement." or, "I move to deny acceptance of the Quitclaim Deed and Easement Agreement for the following reason(s) Report Prepared by: Reviewed by' Tim Paranto, Director of Public Works Randy Young, City Manager Attachments: I Quitclaim Deed 2. Easement Agreement 3 Vicimty Map ~ QUITCLAIM DE~~ THIS QUITCLAIM DEED is made this / 9 ~ay of 0 G-j , 2005, beween William Kenneth Hall, ("Grantor") whose address is //,3() I w. ~t- ~ p,(- Wheat Ridge, Colorado and the CITY OF WHEAT RIDGE, COLORADO, ("Grantee") whose address 7500 W. 29th Avenue, Wheat Ridge, Colorado. WITNESSETH, that the Grantor, for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby QUITCLAIM unto the Grantee, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand, if any, which the Grantor has in and to the following real property, together with improvements, if any, situate, lying, and being in the City of Wheat Ridge, Jefferson County, State of Colorado, as fully described on Exhibit A and depicted on Exhibit B attached hereto. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the proper use and benefit of the Grantee, its heirs and assigns forever; IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. GRANTOR: uJ~a~__I(~$ ~ William Kenneth Hall STATE OF COLORADO ) ) ss. ) County of Jefferson v-II The foregoing instrument was acknowledged before me this /9 - day of 6c-r()8~1L ,2005, by William Kenneth Hall, Grantor. ~ WRPW 009 ATTACHMENT 1 QUIT CLAIM DEED EXHIBIT A A PARCEL OF LAND BEING A PORTION OF THE JEFFERSON COUNTY TRACT OF HALL SUBDIVISION RECORDED JUNE 27, 1977 UNDER RECEPTION NUMBER 891683 OF THE RECORDS OF JEFFERSON COUNTY, STATE OF COLORADO. SAID PARCEL SITUATED IN THE NORTHWEST ONE QUARTER OF SECTION 2, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TII PRlNCll'AL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS. COMMENCING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 21, THENCE N 55054'59" E, A DISTANCE OF 1190.90 FEET TO THE SOUTHWEST CORNER OF SAID HALL SUBDIVISION, THENCE N 0024'47" W, A DISTANCE OF 489.98 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 0024'47" W, A DISTANCE OF 89.96 FEET TO THE SOUTHWESTERLY CORNER OF TRACT C OF SAID HALL SUBDIVISION THENCE N 89049'47" E, ALONG THE SOUTHERLY LINE OF SAID TRACT C. A DISTANCE OF 15.00 FEET, THENCE S 0024'47" E, ALONG THE WEST LINE OF SAID TRACT C, A DISTANCE OF 89.90 FEET, THENCE S 89035'13" W, A DISTANCE OF 15.00 FEET MORE OR LESS, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1348.96 SQUARE FEET, 0.0310 ACRES, MORE OR LESS NOTE: All bearings are relative to one another and are based on the bearing of the West line of the NW 1/4 of said Section 21 being N 00031'40" W The drafter of this description is Mr. Charles H. Braden, prepared on behalf of the City of Wheat Ridge, 7500 W. 29th Ave., Wheat Ridge, Colorado, 80033-6713 and is not to be construed as representing a monumented land survey POINT OF COMMENCEMENT WrST ONE QUARTER CORNER OF SECTION 21 . I 15.00' I f-i U2 0:1 0:1 0 \~O~ 15.00' ~ I I I Tr ct B -1 -1 I <0 q:~ I '" :CC\J oi ~ C\J I ~ I I . C\J ~ '* LJ) f'l 0 '---..-- I 0 I z Q Tract A I I CITY OF WHEAT RIDGE DEPT. OF PUBLIC WORKS ENGINEERING DIVISION I ------~--------W. QUIT CLAIM EXHIBIT B AVE.----- ~ EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made this _ day of 2005, betwyen ~ KENNETH HALL, ("Grantor") whose legal address is ./.I,3() / 4/. 14f. ~ Y":-' , Wheat Ridge, Colorado 80033, and the CITY OF WHEAT RIDGE, a Colorado municipal corporation (the "City") whose legal address is 7500 Wesl 29th Avenue, Wheat Ridge, Colorado 80033. WITNESSETH For ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Grantor hereby grants to the City, its successors and assigns, a pennanenl non-exclusive right to enler, reenter, occupy and use the property situate in the County of Jefferson, State of Colorado, and more fully described on Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein by reference (the "Property"), for Ihe following purposes: 1. Access at all times for ingress and egress for pedestrians, sedans, pickup trucks and sport utilily vehicles. 2. Access during emergencies for all motor vehicles and equipment of any kind or nature, including snow plow trucks and equipment. For the purposes of this subparagraph 2, "emergencies" shall include a mechanical failure of the primary gate syslem or a condition in which the gate is blocked for any reason, for the adjacenl property of the City, described as Lot C, Hall Subdivision, Jefferson County, Colorado. 3. Installation, maintenance, repair, relocation and reconstruction of utility lines for water, sanitary or stonn sewer, gas, electric, telephone, and dala cable. IT IS HEREBY MUfUALLY COVENANTED AND AGREED by and between the parties as follows: 1. The Cily shall have and may exercise the right of ingress and egress in, to, over, through and across the Property for any purpose needful for the full enjoymenl of any other right of occupancy or use provided for herein. 2. Grantor shall neilher cause nor pennit the parking or storage of vehicles or other goods or equipmenl, or the construction or placemenl of any structure or building, street light, power pole, yard lighl, mailbox or sign, lemporary or pennanenl, or the planting of any tree, woody plant or nursery stock, of any kind, on any part of the Property 3. The City shall have and may exercise the righl of subjacenl and lateral support to whatever extent is necessary or desirable for the full, complete and unmolested enjoyment of the rights herein granted. Grantor shall neither take nor pennil any action which would impair the lateral or subjacent support for any water pipelines or appurtenances or cause the earth cover over any water pipeline wilhin !he Property to be less !han four and one-half feet or more than ten feet, measured vertically from the top of !he pipeline. Grantor shall not modify the earth cover over a City water pipeline without advance written au!horization from the City, which shall provide for full paymenl or reimbursement 10 Ihe Cily of all costs of adjusting City facilities made necessary by such modification. 4 Afler any construction or other operations by !he City which disturb the surface of the Property, the City will restore !he general surface of the ground as nearly as may reasonably be done to !he grade and condition it was in immediately prior to construction, except as necessarily modified to accommodate City facilities. S. Grantor retains !he right to !he undisturbed use and occupancy of the Property insofar as such use and occupancy are consistent with and do not impair any grant or covenant ATTACHMENT 2 herein contained. 6. Grantor warrants that it has full right and lawful authority to make the grant herein contained, and promises and agrees to defend the City in the exercise of its rights hereunder against any defecl in title or in Grantor's right to make said grant, subjecl to general taxes for the year this instrument is recorded, and subject further to easements, encumbrances, exceptions, limitalions, restrictions and reservations conlained in instruments of record prior 10 the date of this Agreement. 7 Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. 8. This writing constitutes the whole agreement between the parties and no additional or different oral representation, promise or agreemenl shall be binding on any of the parties hereto with respect to the subject matter of this instrument. Any special provisions added hereto which conflict with printed provisions set forth above shall control and supersede such conflicting printed provisions. GRANTOR. t0d~~ J(~ ~ William Kenneth Hall STATE OF COLORADO ) ) ss. ) COUNTY OF JEFFERSON ,.., The foregoing instrument was acknowledged before me by William Kenneth Hall on <./c TIJBt/Z... 1$,2005. My commission expires: 4- -19- ..zoo'! [SEAL] ~/;Jf Lf .j CITY OF WHEAT RIDGE, COLORADO By' Gretchen Cervany, Mayor Attest: Pamela Anderson, City Clerk CAK\53371\1.77929.01 2 STATE OF COLORADO ) ) ss. ) COUNTY OF JEFFERSON '; The foregoing instrument was acknowledged before me by Gretchen Cervany, as Mayor, and Pamela Anderson, as City Clerk, of the City of Wheat Ridge, Colorado on _,2005. My commission expires: Wilness my hand and official seal. CAK\53377\l77929.01 3 ACCESS AND UTILITY EASEMENT EXHlBIT A A PARCEL OF LAND BEING A PORTION OF THE JEFFERSON COUNTY TRACT OF HALL SUBDIVISION, RECORDED JUNE 27, 1977 UNDER RECEPTION NUMBER 891683 OF THE RECORDS OF JEFFERSON COUNTY, STATE OF COLORADO. SAID PARCEL SITUATED IN THE NORTHWEST ONE QUARTER OF SECTION 2, TOWNSHIP 3 SOUTH, RANGE69 WEST OF THE 6TH PRINCll'AL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS COMMENCING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 21; THENCE N 55054'59" E A DISTANCE OF 1190.90 FEET TO THE SOUTHWEST CORNER OF SAID HALL SUBDIVISION. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE OF SAID HALL SUBDIVISION, N 0024'47" W, A DISTANCE OF 489.98 FEET, THENCE N 89035'13" E, A DISTANCE OF 15.00 FEET TO THE NORTHWEST CORNER OF TRACT B OF SAID HALL SUBDIVISION, THENCE S 0026'6" E, ALONG THE WESTERLY LINE OF TRACTS A AND B OF SAID HALL SUBDIVISION, A DISTANCE OF 489.98 FEET TO THE SOUTHWEST CORNER OF TRACT A SAID HALL SUBDIVISION, THENCE S 89013'40" W, A DISTANCE OF 15 19 FEET MORE OR LESS, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONT AlNS 7395.68 SQUARE FEET. 0.17 ACRES, MORE OR LESS NOTE: All bearings are relative to one another and are based on the bearing of the West line of the NW 1/4 of said Section 21 being N 00031'40" W The drafter of this description is Mr Charles H. Braden, prepared on behalf of the City of Wheat Ridge, 7500 W 29th Ave., Wheat Ridge, Colorado, 80033-6713 and is not to be construed as representing a monumenled land survey I Tract C I . ~ rn ~ ~ 0 ~ \ I Tr ct B I -1 -1 I Co .f~ I '" ~ o C\j tJ C\j '" I ~ g I . . I ~ ",C\j ... L1) ~ . '--.--- I 0 Q \ z Tract A I I I ----~------W. S 8913'40' W 15.19' AVE.----- POINT OF COMMENCEMENT WEST ONE QUARTER CORNER OF SECTION 21 CITY OF WHEAT RIDGE DEPT. OF PUBLIC WORKS ENGINEERING DIVISION ACCESS & UTILITY EASEMENT EXHIBIT B ~ I:LI \'..' i____ ___. I f-== lS NOStI3:Id i:-; r------------- ~--- ilD l.."j< i I L~ lS lIVnO - "' _______-.-.---.--r- -- I:LI \:>- <C lS 880tI - --------- ----------, (--- i \ i U\ ,~ i I, ! tJ-; ) I;;:; \ _-"//lX/1 \ I ----- .,\ , " - ~":-/ .,,---~------- ,/" -', 1 , CITY OF WHEAT RIDGE DEPT OF PUBLIC WORKS ENGINEERING DIVISION A VI VI N ITY - MAP I:LI :>- <C ::r: i:-; .."j< .."j< ~ .....z TACHMENT 3 ITEM NO' \ <~__I REQUEST FOR CITY COUNCIL ACTION -("$' ~t:t ti~ In COUNCIL MEETING DATE: November 14,2005 TITLE: APPROVAL OF PAYMENT TO CIRSA FOR DEDUCTIBLE PORTION OF CLAIMS PAID BY CIRSA FOR SEPTEMBER 2005 PROPERTY CASUALTY IN THE AMOUNT OF $29,218.56 o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:_) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No O~JIJ-r:Y~ Deputy City Manager !" City~~~" EXECUTIVE SUMMARY: The Colorado Intergovernmental Risk Sharing Agency (CIRSA) provides property/casualty and worker's compensation coverage for the City of Wheat Ridge. The city's deductible for property/casualty claims is $10,000. Uninsured losses and CIRSA deductibles are an authonzed line item (01-610-700-782) deSignated in the 2005 budget. The September 2005 invoice for the city's deductible portions of property/casualty claims totaled $29,218.56. As outlmed in Resolution 27-2002 all purchases over twenty-five thousand dollars ($25,000) shall be presented to the City CounCil for offiCial decision and award. The monthly mvoice from CIRSA for uninsured losses and deductibles varies based on the current property/casualty claims but is generally below $10,000 per month. Several claims were invoiced in September which accounted for the total amount due. ./ 2004 claim number 04000218 in the amount of$3,139.60 is for attorney fees for an alleged trover/converslOn claim agamst the city ./ 2004 claim number 04001386 in the amount of $2,153.35 is a charge for attorney representation m a claim filed against the Urban Renewal Authority. The city has been dropped from this lawsuit. A letter was submitted to the Urban Renewal Authority requesting reimbursement to the city in the amount of $2, 153 .35 for these charges. ./ 2005 claim number 05000254 in the amount of$13,746.50 are charges related to a February 2005 accident mvolving a Senior/Community Center van. ./ 2005 claim number 05000651 in the amount of $179.11 was charges for a minor accident mvolvmg a city vehicle. ./ 2005 claim number 05000874 in the amount of$1 0,000.00 is the deductible charge related to an accident involving a Public Works Operations vehicle The city was not at fault for this accident. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: None AL TERNA TIVES CONSIDERED: None FINANCIAL IMP ACT: Uninsured losses and CIRSA deductibles are an authorized line item (01-610-700-782) designated in the 2005 budget. The city is anticipating reimbursement in the amount of$2,153.35 from the Urban Renewal Authority. No additional financial impact. RECOMMENDED MOTION: "I move to approve payment m the amount of $29,218.56 to CIRSA for the September 2005 deductible portlOn of claims paid by CIRSA." or, "I move to deny payment m the amount of$29,218.56 to CIRSA for the September 2005 deductible portion of claims paid by CIRSA, for the following reason(s) " Report Prepared by: Reviewed by: Debbie Meixner, Executive Assistant Patrick Goff, Deputy City Manager Attachments: 1 September 2005 Deductible PortlOn of Claims Paid by CIRSA Statement 0511i4 September 2005 Deductible Portion ofClRSA Claims ,.~-, '~--""~-'-----..--w-:''4_'~'~ -4'~ .."'-..... ~-.)-~, IfIIm ~?~-<~...$ '........'\: COlORAOO INTERGOVERNMENTAL RISK SHARING AGENCY Bill to: City Of Wheat Ridge Attn: Patrick Goff 7500 West 29th Ave. Wheat Ridge, CO 80033 CLAIM NUMBER OLD/NEW REFER TO CHECK NUMBER DATE OF LOSS 04000218 04001386 05000254 5000651 5000874 09/17/97 11/15/04 02(16(05 08/02(05 08/26(05 31946 31937 32099.32100.32107 31984 31931 Payments received PLEASE REMIT YOUR PAYMENT CIRSA Department 543 Denver, CO 80291-0543 after 45 days will accrue TOTAL DUE TO OCT 2 4 2005 I l!~2Y~ u___ Date INVOICE# Net: J 10(21/2005 051286 45 Days $3,139.60 $2,153.35 $13,746.50 $179.11 $10,000.00 $29,218.56 interest at the Prime Rate September 2005 Deductible Portion of Claims Paid by CIRSA To request copies of claims check, please call or fax claims clerk. All deductible questions, please refer to CIRSA's Finance Department. AMOUNT OF WSS WITHIN YOUR DEDUCTIBLE ATTACHMENT 1 CITIZENS' RIGHT TO SPEAK DATE: November 14, 2005 ANY PERSON MAY SPEAK ON MATTERS ~"Q;,4fiMlf"'1tCH!llfBA~'.~&t6 "FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT!!!!!!!!. ADDRESS TOPIC V~JOL CO , -t 17,. .. , ';}'-- l~ ()l',)It' I.S 50 yO t.u 11",,-' QO,;-?'S- /-U}4-o b I /2 2~v "2- VI 1~/~:~1-( ~ r' \ ( ?\ '-'( (l II II 't /' (?~2-\ W II~ t Lk.t-<KJ .Lfl {o UI1;);J kp /.) :)80 LU S.o -1"- /'/c;('F" CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.2. PUBLIC BEARING BEFORE THE WHEAT RIDGE CI'rY COUNCIL TITLE: CASE NO. WZ-05-07 WS-05-02 COUNCIL BILL NO. 16-2005 COUNCIL BILL 16-2005 -AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM PLANNED INDUSTRIAL DEVELOPMENT (PID) AND INDUSTRIAL (I) TO PLANNED MIXED USE DISTRICT (PMUD) FOR PROPERTY LOCATED AT 5060 WARD ROAD, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF P UR NAME AND ADDRESS CHECK CASE NO. WZ-O -07 IBC HOLDINGS IN FAVOR OPPOSED L/ C~ ~ IF YOU II1EED MORE ROOM PLEASE SIGN ON BACK OF PAGEl ITEM NO' ~ I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE' November 14,2005 ~~ ~ TITLE: COUNCIL BILL NO. 16-2005, AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM PLANNED INDUSTRIAL DEVELOPMENT (PID) AND INDUSTRIAL (I) TO PLANNED MIXED USE DISTRICT (PMUD) FOR PROPERTY LOCA TED AT 5060 WARD ROAD (CASES NO. WZ-05-07 & WS- 05-02/IBC HOLDINGS) [:gJ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' Oct. 10,2005) [:gJ ORDINANCES FOR 2ND READING Quasi-Judicial' [:gJ 0 Yes No j~", !JJ/zL Alan White, Community Development Director ~~ Randy Y g, City ~ager EXECUTIVE SUMMARY: IBC Holdings is requesting a rezoning from Planned Industrial Development and Industrial to Planned Mixed Use Development for the property located at 5060 Ward Road, more commonly known as the former Jolly Rancher property The subject parcel is 635,434 square feet in size (14.58 acres). The current Planned Industrial Development allows a very limited range of uses, all of whiCh are related to candy or food manufacturing. A small portlOn of the property is zoned Industrial. The proposed zone change will allow a much wider range of uses for the entire property An Outline Development Plan, Final Development Plan and Final Plat are also part of the request. The Outline Development Plan will establish allowable uses and development standards, while the Final Development Plan will set a site specific development pattern for the property. The Final Plat will subdivide the property into 17 lots. The buildings are being designed as office/warehouse space and flex office space. The property is being developed m three phases. Phase I (the "middle" of the property), Phase II (adjacent to Ward Road) and Phase III (the eastern portion of the property). The proposed rezomng affects the Council's goal of preparmg the City for growth and opportunities. P1annmg Commission heard the request on October 6, 2005, and recommended approval of each request, With some conditlOns. COMMISSION/BOARD RECOMMENDA nON: The Plannmg CommisslOn mitially heard these requests on September 15,2005 and continued the heanng m order for staff and the applicant to resolve differences in allowable land uses and the need for certain street improvements. The second Planning Commission hearing was held on October 6, 2005 The Planning Commission recommended approval of the rezoning, Outlme Development Plan (with conditlOns), Final Development Plan (with conditions), and the Final Plat (without conditions). Rezoning & Outline Development Plan The Plannmg Commission recommended approval of the rezomng and Outline Development Plan for the following reasons. 1 The change m zone is compatible with eXistmg conditlOns in the immediate area. 2. The change in zone will not adversely affect the public health, safety or welfare With the following conditions 2 3 A note shall be added to the development standards sectlOn of the Outline Development Plan which reads. "Lots 1,2 and 3 - Four Sided architectural grade construction must be used. Corporate architecture must be modified to comply with the standards of the Streetscape and Architectural Design Manual. Buildings 8 and 9 shall have the same architectural standards as Lots 1, 2 and 3 The deceleration lane on Ward Road south of West 50th Avenue shall be installed per the City of Wheat Ridge Public Works Department requirement if adequate right-of-way currently exists. If adequate right-of-way does not exist the applicant shall be responsible for acqUiring the property for the right-of-way and constructing the improvements m lieu of paying an impact fee to the City The applicant has agreed to conduct a survey prior to second reading at City Council. The accelldecellane on West 520d Avenue shall be installed per the City of Wheat Ridge Public Works Department requirement if adequate right-of-way currently eXists. If adequate right-of-way does not exist the applicant shall be responsible for acquiring the property for the right-of-way and constructmg the improvements in lieu of paying an impact fee to the City The applicant has agreed to conduct a survey prior to second reading at City Council. Page Two of the Outlme Development Plan shall be amended to accurately reflect the proposed access point on West 520d Avenue. An association shall be created which governs mamtenance of the collective properties. 4. 5 6 Page 2 Council Bill 16-2005 City Council Meeting 11/14/2005 - 7 A note shall be added to the Outline Development Plan m Exterior Signage under Development Standards which reads' "Three free standmg monument signs are allowed · one on West 50th A venue frontage · one on West 52nd Avenue frontage · one on Ward Road Pole signs are not allowed. Each sign may be a maximum of fifteen feet m height, setback at least ten feet from the street right-of-way. Each sign shall match bUilding architecture and colormg. Monument signs may be internally lit. Signs may not be located within the required sight distance triangle. For all other signage reqUirements and guidelmes refer to Article VII of the Wheat Ridge Code of Laws. Off-premises signage shall be allowed so that each business may have advertising on the freestanding signs." 8. Outdoor storage shall be completely screened from view with a solid enclosure. The height of stored materials shall not exceed the height of the enclosure. Cham link is not an allowed screening material. Solid screen walls are required." Final Development Plan The Plannmg Commission recommended approval ofthe Final Development Plan for the following reasons: With slight modificatlOn, the Final Development Plan Will comply With the development standards established by the Outlme Development Plan. 2. The Final Development Plan meets the technical requirements as established by Article III for Fmal Development Plans. With the following conditions. 1 Lot 6 shall be amended to mclude one more parkmg stall as required by the Outline Development Plan. 2. One additional tree must be added to Lot 7 to meet mmimum reqUirements estabhshed on the Outline Development Plan. Final Plat The Planning CommisslOn recommended approval of the Final Plat for the following reasons: 1 All requirements of the subdiviSiOn regulations have been met. 2. All required utility easements are being provided. 3 Adequate infrastructure will be constructed with the development to serve the proposed use. There were a few neighbors who attended the public hearing and testified in regard to existing traffic conditiOns and the impact of the deceleration lane on Ward Road. Page 3 Council Bill 16-2005 City Council Meeting 11114/2005 STATEMENT OF THE ISSUES: Land Use The subject property IS currently zoned Planned Industrial Development; with the only uses allowed belllg candy manufactunng and food processing. The Comprehensive Plan Future Land Use Plan designation for this property is Planned Busllless/Industrial Park. Department staff has been working with the applicant for over a year and one-half, prior to and after their purchase of the property from Hershey's. Our counseling has been consistent with the Comprehensive Plan Future Land Use Plan designation. In February of this year we were provided a copy of the Corridor Definition Report for the Gold Line. In it the end of the line statiOn for the Gold Lllle is shown east of Ward Road south of 50th Place, directly south of the subject parcel. This statlOn location was moved from the Ward Road/I- 70 Park-n-ride. The statlOn location provides an amenity for potential Transit Oriented Development (TOD) m the vicmity The applicant has made some changes to the ODP as requested by staff to provide more pedestrian oriented, mixed use development in the future. These changes included reduced setbacks, mcreased building heights and adding residential uses as allowed uses. The applicant llltends to pursue the development of office/warehouse flex space in Phase I in the center of the project. Whether this type of employment base is transit friendly is not known and has not been demonstrated in the region. Uses such as contractor's yards and outdoor storage do not seem to be transit friendly On the other hand, these types of uses could provide mterim uses that would be relatively inexpensive to replace in the future. Successful TODs elsewhere in the country typically adhere to four guiding prinCiples. . Pedestnan orientation, automobile is de-emphasized . Architecture to evoke strong emotion; timelessness . Provide services the market wants . Provide diverse markets for housing The proposed ODP, while settmg out development standards and uses that enable TOD m the future, is auto oriented. There are not clearly defined pedestrian Imks between buildings. The demand for office/warehouse flex spaces in this locatiOn is unknown. It should be noted that adjacent mdustrial facilities, while older and questionable in condition, have a fairly high vacancy rate. Page 4 Council Bill 16-2005 City Council Meeting] 1/14/2005 Timing of Development The Gold Line is forecasted to be completed by the end of2015, ten years from now It is important to note that while the light rail station is ten years away, thiS is the only light rail statlOn proposed for Wheat Ridge. It is unrealistic to expect the applicant to do nothing with the property while waiting for the market for TOD to emerge. On the other hand, permitting the construction of bUildings with useful lives of 30 years or more sets the stage for industrial development in thiS area of the City If this is the land use when the statlOn is built, the station may be nothmg more than a platform with an adjacent park-n-ride. The EIS process for the Gold Line is to start early in 2006 During this process the station location will be finalized and it will be m this process that the City has mput about itS plans for future land uses, street connections, pedestrian linkages, and all of the other development issues that can affect the design and location of the station. SubdivislOn of the property will make re-assemblage m the future a challenge, should a developer deCide the market is right for redevelopment of the property. Architecture Tilt-up concrete 1S an allowed material m industrial areas per the Streetscape and Architectural Design Manual. The architecture proposed for Phase I is admittedly of higher quality than typical industrial architecture. ArticulatlOn will be provided by reveals in the fa9ade and the use of color, not with a change of materials, building planes, or rooflines. All of the buildings in Phase I will look the same. Tilt-up concrete does not eaSily lend itself to second story additions. To convert Phase I to live-work spaces or reSidential above commercial spaces, they would need to be torn down, or mezzanine floors could be added. Would the market in the future support such economics? That is hard to predict. The building orientation does not provide an inviting sense of place. A majonty of the buildings have internal facing entrances. When looking east from Ward Road, the Sides and rears of bUildings are the visible elevatlOns. Outdoor storage areas are also visible from Ward Road. Any future development in Phase II could screen the buildings and storage areas, but it is difficult to predict when this Will happen, as the applicant does not have development plans for Phase II. Staff recommended that materials used in Phase II along Ward Road be limited to brick (or Similar matenals), as well as requinng the southernmost buildings m Phase 1 to be rotated to face south, be brought up to the street, and be faced with brick. This could be the start of pedestrian oriented street along 50th A venue across from the transit station. The applicant has not made the change in the onentatlOn as suggested by staff does not lend itself to industrial development, in their opinion. Page 5 Council Bill 16-2005 City Council Meeting 1ll14/2005 Access and Circulation Access is provided primarily from 50th Avenue and 52nd A venue, with the potential for a right- m/nght-out only access on Ward Road in the future. Staff believes a pubhc street connectlOn between 50th and 52nd is needed, especially m the future when the tranSIt statlOn IS built. The applicant was not receptive to provIding a north-south connector, as it would alter the current development pattern. The 50th and Ward mtersection won't warrant a signal for many years, if ever Most employees in this project and the surrounding uses will want to use the signalized intersection at 52nd and Ward. This is acknowledged in the traffic report by the assignment of a higher percentage of the generated out tnps to 52nd Avenue. How do the vehicles get to 52nd? Through parking lots or drive aIsles, making a minimum of three to four 900 turns. People will dIscover and use these routes whether they work in the project or not. It would be safer and more efficient to provide for the movement between 50th and 52nd with a public street. There IS an opportunity to reserve right-of-way on the eastern portion of the property (around lots 13-16) for a future north-south connector street. It may be desirable to leave lots 12-17 unplatted until the subarea plan has been finalized in this area, whIch will give a more clear direction on the future roadway connectlOn. The apphcant currently has no immediate development plans for these lots. Public Works requested two roadway improvements be made as a part of this apphcatlOn. First, that an acceleratIOn and deceleration lane be required on West 52nd Avenue for eastbound traffic Secondly, a northbound deceleration lane on Ward Road be required at 50th A venue. After the October 6, 2005 Plannmg CommisslOn hearmg, the applicant performed a survey to determine if adequate right-of-way exists adjacent to Ward Road. The applicant has also agreed to mstall the acceleration/deceleration lane on West 52nd Avenue A large portion of the dIscussion at Planmng Commission revolved around the adequate amount of nght-of-way to accommodate a new deceleration lane. If adequate right-of-way does not exist, the applicant will be required to purchase the nght-of-way needed from the property owner on the southeast comer of West 50th Avenue and Ward Road. The survey revealed that adequate nght-of- way width does eXIst along Ward Rd., however, It appears a small amount ofnght-of-way would be needed to accommodate the turning radius at the intersectlOn of West 50th and Ward Rd. What thIS means IS that the applIcant would be required to purchase the land needed for right-of- way from the property owner The City Attorney has opmed that if the need for a new deceleration lane is justified as a result of the data in the traffic report, the applicant should be required to acquire any property needed to faCIlitate the deceleration lane. Simply, the City would not condemn any property needed for the deceleration lane, and that burden would fall upon the applicant. Conditions of Approval The Planning CommiSSIOn recommended approval of all requests with some conditIOns. Each condItion of approval has been agreed to by the applicant. and the appropriate changes have been made to each development plan. During the Planning Commission hearings, stafffelt that outdoor Page 6 Council Bill 16-2005 City Council Meeting 1 III 4/2005 storage was not an appropnate use for any of the lots. ThIs condItion prohibiting outdoor storage was not included with Planning Commission's recommendation. Staff still feels that outdoor storage is not an appropnate use. AdditlOnally, staff recommended that office/warehouse be deleted from the hst of allowable uses for "Use Area 1" (the three pad sites adjacent to Ward Rd.). Plannmg Commission did not include this prohibition in their recommendation. Staff still feels this prohibition IS appropriate. AL TERNA TIVES CONSIDERED: Do not approve the rezoning and associated development plans. FINANCIAL IMPACT: The CIty has received a one-time applIcation fee for the land use applIcation. When redevelopment occurs, the City wIll receive one-tlme building permit fees and use taxes on construction materials. If any retail uses locate within this development, the City would receive any sales tax generated from retail sales. Annual use tax revenue would be generated by businesses to which the use tax on eqUIpment applies. RECOMMENDED MOTIONS: Ot-D \~-)Sl1: "I move to approve Council Bill No 16-2005, case number WZ-05-07, a request for a rezoning from Planned Industrial Development and Industrial to Planned Mixed Use District and assocIated Outlme Development Plan for the property located at 5060 Ward Road, to take effect 15 days after final publication, for the following reasons: 1. The change m zone is compatible with the existmg condItlons in the immedIate area. 2. The change in zone will not adversely affect the pubhc health, safety or welfare With the following conditions: 1 Outdoor storage shall be deleted from the list of allowed uses on the Outline Development Plan, and the areas shown as 'outdoor storage areas' for lots 4, 5 and 7 on page 2 of the Outline Development Plan shall also be deleted. 2 "Office warehouse" shall not be an allowed use in use area 1 3. The buildmg envelopes for bUIldings 8 and 9 shall be moved south towards West 50th Avenue and the parking areas shall be located on the north side of the buildings. 4 The deceleratlOn lane on Ward Road south of West 50th Avenue shall be installed per the CIty of Wheat Ridge Public Works Department reqUIrement if adequate right-of-way currently exists. If adequate nght-of- Page 7 Council Bill 16-2005 City Council Meeting 11/14/2005 way does not exist the applIcant shall be responsible for acquinng the property for the nght-of-way and constructing the improvements m lieu of paying an impact fee to the CIty 5. The accel/decellane for eastbound traffic on West 52nd Avenue shall be installed per the City of Wheat Ridge Public Works Department requirement. 6 An association shall be created whIch governs mamtenance of the collective properties:' ...... ------ '-'-'~'.'--'-' OPT/ON B. "I move to TABLE INDEFINATEL Y Council Bill No. 16-2005, Case No. WZ-05-07, a request for approval of a rezoning from Industrial and Planned Industrial Development to Planned Mixed Use District, and an Outlme Development Plan for property located at 5060 Ward Road, for the following reasons: " ~,(\::,,-- .... ------------ -------- 1 While consistent WIth the Future Land Use Plan designatIon, the application is not consistent with Plan pohcies. A. Requiring continuous internal drives and continuous pedestrian paths connectmg for adjacent businesses and streets B. Allowing industrial uses that are self-contained with no VIsible outdoor storage C. Requiring vehicular and pedestrian connectlOns that are safe, functional and serve to reduce the necessity to use a private automobile within a quarter-mile radius D Settmg out the desired character and desired attributes of Planned Business/Industrial Parks E' That all new development provides internal streets, adequate circulation and pedestrian walkways that provide non-motonzed connections to adJacent development and that integrate with the City's overall street and pedestnan network. 2. That the application does not fulfill one of the purposes of a planned development district, specifically to minimize traffic congestion on public streets, control street access, and to provide for well-deSIgned mtenor circulation. 3. ., A change in character in the area has not occurred." 0<2..C' ~ (,\. '\ ({\ \ -'---i, \,1 ^"0.Y.;, b I . / . , /.') t~v , \ '. l i, \_J" 1 I I." I, ,\ \ ,') l\ I (\ I OPT/ONe. ,)'':.\Q/\\t~ '"jIV\;'\':) "'\ c.. ((\..1 '''.Iv....,\. ',',r" '" f\':. c\: ~(_'~V\ \\, 'v . "I move to CONTINUE Council Bill No \6-2005, Case No. WZ-05-07, a request fo'l- appr6~ o{-J,,<JL ~) a rezoning from Industnal and Planned Industnal Development to Planned Mixed Use District, ' .' and an Outline Development Plan for property located at 5060 Ward Road, in order for the \,'~.' applicant to address the followmg issues , ( 'c. 1 . " (r' I ~ i' ~'j I \, ,,> Y' ",~ \ i fo I '- :-",-&'~' \ , , , \ I \ \ 'Jet j I Page 8 Council Bill 16-2005 City Council Meeting 1]/14/2005 .JJ " ~\ )\' Lln 0 ~~ (y:)~u ( ?~ I' -) FINAL DEVELOPMENT PLAN b -<:::::., OPTION A' (Make thIS motion only if the rezoning and Outline Development Plan is approved) "1 move to APPROVE Case No WZ-05-07, a request for approval of a Final Development Plan for property located at 5060 Ward Road, for the following reasons. I. The Final Development Plan WIll comply with the development standards established by the Outlme Development Plan. The Final Development Plan meets the technical requirements as established in Article III for final Development Plans. 0, , 1-' X i , I /\..'_1.1,- , 2. W. h h .. II' d' . ~ I~' ,-:; i j (O-vy \. 01 ,{ It t elo owmgcon ItlOn. .....,~~ I' ~ .,\{'~C''-'\ "\J It f' { 2 'Is ' , J 1, "1"-'- / l c.; \'>)'1 The areas shown s outdoor storage shall ~ removea fr6m the planset. OPTION B, (Make this motlon only if action on the rezonmg ordinance is tabled indefinitely.) "I move to DENY Case No WZ-OS-07, a request for approval ofa Final Development Plan for property located at 5060 Ward Road, for the followmg reasons: 1. The rezoning ordinance has been tabled indefinitely and the Outline Development Plan has been denied." OPTION C (Make this motion if the rezoning/Outlme Development Plan is continued.) "I move to continue Case No. WZ-OS-07, a request for approval of a Final Development Plan for property located at 5060 Ward Road for the following reasons. 1. The rezoning and Outlme Development Plan have not been approved. 2. The Outline Development Plan must be approved prior to the Final Development Plan." FINAL PLAT OPT/ON A. (Make this motion only if the previous two requests are approved.) "I move to APPROVE Case No WS-05-02, a request for approval of a seventeen lot subdiVIsion plat for property located at 5060 Ward Road for the following reasons. 1 All reqUIrements of the SubdivisIOn RegulatIOns have been met. 2. All reqUIred utihty easements are being provided. 3 Adequate mfrastructure will be constructed WIth the development to serve the proposed use." Page 9 Council Bill 16-2005 City Council Meeting 11/14/2005 OPT/ON B. (Make thIs motion if the rezoning and Outlme Development Plan was tabled indefinitely and the Final Development Plan was continued.) "1 move to DENY Case No. WS-05-02, a request for approval of a seventeen lot subdIvision plat for property located at 5060 Ward Road for the following reasons. 1. OPTION C. (Make thIS motion If the Outline Development Plan and the Final Development Plan were continued or if the Final Development Plan was continued.) "I move to continue Case No WS-05-02, a request for approval of a seventeen lot subdivision plat for property located at 5060 Ward Road." Report Prepared by' Travis Crane 303.235.2849 Reviewed by: Alan White 303.235.2844 Attachments: 1. Planning CommIssion Report (with exhibIts) 2. Planning CommIssion memo (dated 29 September 2005) 3 Letter from Neighbor 4. Council Bill No. 16-2005 - Page 10 Council Bill 16-2005 City Council Meeting 11114/2005 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER: Travis Crane CASE NO. & NAME. WZ-05-07 & WS-05-02/IDC DA TE OF MEETING' September 15, 2005 ACTION REQUESTED' A request for approval of a rezoning from Planned Industrial Development and Industrial to Planned Mixed Use District, and a request for a 17-lot subdivision plat. LOCA TION OF REQUEST 5060 Ward Road APPLICANT (S): IDC Holding Corp. OWNER (S): Same APPROXIMATE AREA. 635,434 sq. ft. (14.58 ac.) PRESENT ZONING Planned Industrial Development (Pill) and Industrial (1) COMPRENHISVE PLAN DESIGNATION: Planned Business/Industrial Park (BP) ENTER INTO RECORD: (X) (X) (X) COMPREHENSNE PLAN ZONING ORDINANCE SUBDNISION REGULATIONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Location Map C,1 RC Jefferson Colinty A,2 PO 4ii AVE t; o m All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. Planning Commission WZ-05-07 & WS-05-02fIBC ATTACHMENT 1 1 I. REQUEST There are three requests involved with this application: a rezoning (WIth associated Outline Development Plan), a Pinal Development Plan and a Pinal Subdivision Plat. The applicant is requesting approval of a rezoning from Planned Industrial Development and Industrial to Planned Mixed Use District. The property is the former site of the Jolly Rancher candy manufacturing plant. The current PID, which regulates a majority of the property, allows only candy manufacturing and associated uses. There is one remaining building on the property whIch will be renovated. The rest of the buildings have been demolished. An Outline Development Plan will rezone the property and set development standards, while a Pinal Development Plan will set a specific development plan for the property. The request also includes a 17 -lot subdivision plat (Exhibit 1, Letter of Request). The property owner wishes to initially construct six office/warehouse buildings and renovate an existing building on the property for office space The Planned Mixed Use District is being requested due to the mix of industrial, commercial and residential uses allowed on the Outline Development Plan. The property is diVIded into three use areas (and three phases)' Use area 1 consists of three lots adjacent to Ward Road. Use area 1 will be phase II of the project. There are no immediate plans to develop thIS phase Use area 2 consists of eight lots in the middle of the property. This will be phase I. There are immediate plans to construct six new buildings in this phase Use area 3 is the eastern most portion of the property. This is phase III. There are no immediate plans to develop this phase. The property is 635,434 square feet in size. II. OUTLINE DEVELOPMENT PLAN The Outline Development Plan (ODP) will set all allowed uses and development standards for the property (Exhibit 2, ODP). The ODP also contains a general concept plan which labels areas of landscaping, parking, building footprints, and access points. The ODP also describes the three use areas. Land Use The subject property is currently zoned Planned Industrial Development and Industrial. The current Development Plan only allows candy manufacturing and food processing. The Comprehensive Plan Puture Land Use Map designation for this property is Planned Business/Industrial Park. Department staff has been working with the applicant for over a year and one-half, prior to and after their purchase of the property from Hershey's. Our counseling has been consistent with the Comprehensive Plan Future Land Use Plan designation. In February of this year we were provided a copy of the Corridor Definition Report for the Gold Line. In it the end of the line station for the Gold Line is shown east of Ward Road south of 50th Place, directly south of the subject parcel (Exhibit 3, RID Gold Line Plan). This station location was moved from Ward RoadlI-70 Park-n-ride. Planning Commission WZ-05-07 & WS-05-02/IBC 2 The station location provides an amenity for potential Transit Oriented Development (TOD) in the vicinity. The applicant has made some changes to the ODP as requested by staff to provide more pedestrian oriented, mixed use development in the future. These changes included reduced setbacks, increased building heights and adding residential uses as allowed uses. The applIcant intends to pursue the development of office/warehouse flex space in Phase I in the center of the project. Whether this type of employment base is transit friendly is not known and has not been demonstrated in the region. Uses such as contractor's yards and mini-warehouses do not seem to be transit friendly. On the other hand, these types of uses could provide interim uses that would be relatively inexpensive to replace in the future. Successful TODs elsewhere in the country typically adhere to four guiding principles: . Pedestrian orientation; automobile IS de-emphasized . ArchItecture to evoke strong emotion; timelessness . Provide services the market wants . Provide diverse markets for housing The proposed ODP, while setting out development standards and uses that enable TOD in the future, is auto oriented. There are no pedestrian links between buildings. The demand for these types of spaces in this location is unknown. It should be noted that adjacent industrial facilities, while older and questionable in condition, have a fairly high vacancy rate. Timing of Development The Gold Line is forecasted to be completed by the end of 2015, ten years from now It is important to note that while the light rail station is ten years away, this is the only light rail station proposed for Wheat Ridge It is unrealistic to expect the applicant to do nothing with the property while waiting for the market for TOD to emerge. On the other hand, permitting the construction of buildings with useful1ives of 30 years or more sets the stage for industrial development in this area of the City. If this is the land use when the station is built, the station may be nothing more than a platform WIth an adjacent park-n-ride. The EIS process for the Gold Line is to start early in 2006. During this process the statlOn location will be finalized and it will be in this process that the City has input about its plans for future land uses, street connections, pedestrian linkages, and all of the other development issues that can affect the design and location of the station. Subdivision of the property will make re-assemblage in the future a challenge, should a developer deCIde the market is right for redevelopment of the property. Allowed Uses Page one of the ODP has a use chart reminiscent of the use chart in the zoning code. Uses are listed as either being permitted ("P") or a special use ("S") Uses which have a "P" would be permitted as a use by right. Uses with an "5" would require a special use Planning Commission WZ-05-07 & WS-05-02/IBC 3 permit, as defined by the Code of Laws. If there is no letter adjacent to a certain use, it is not allowed. Uses dIffer by use area. For example, an eating establishment with a dnve through window would be a permitted use in use area 1 (lots adjacent to Ward Rd.), but would not be allowed in use area 2 (intemallots between W 50th Ave. and W. 52nd Ave) The allowed uses are extremely similar to the allowed uses in the Industrial zone dIstnct III the zoning code, with the addition of residential uses as an allowed use, hence the Planned Mixed Use District designation. A note has been added to the ODP which specIfies that resIdential density may not exceed 16 dwelling units per acre. There are some uses listed in the use chart that staff does not feel are appropriate, either in specific use areas or at all. These uses include: . automobile and light duty truck sales · contractor's service shops & storage yard · construction & heavy equipment sales, service, rental & storage . contractor's plant or storage yard . rental agencies · manufacture of vaccines, serums and toxins · mini warehouses for inside storage . motor fueling stations · motorcycle sales and service · schools for industrial or business training including vocational trade or professional schools . stone cutting or polishing · warehousing and outside storage . warehouse Staff feels that these uses should be removed entirely from the ODP. Additionally, staff feels that outdoor storage should not be allowed for any lot in this proposed development. The applicant would like to include all of these uses and outdoor storage as an allowed use on the ODP One of these uses (construction and heavy equipment sales, service, rental and storage) is listed both as an allowed use and a prohibited use on the ODP. If the use is included as an allowed use, it should be removed from the list of prohibited uses. Conversely, if it is recommended that the use be prohibited, it should be removed from the list of allowable uses. Staff feels that some changes should be made to the use chart. First, that "eating establishment, sit down" should be an allowed use in use area 2. Given the proximity to Ward Road, and the construction of the Gold Line, it is possible that demand may be present for restaurants. Second, that "residential" should be an allowed use in all 3 use areas. "Residential" is listed as a special use in use area 1 and 3. Staff feels the inclusion of residential as a potential use in each use area is critical to transit oriented development. Planning Commission WZ-05-07 & WS-05-02/IBC 4 The ODP contams a note which references 'retail uses'. However, "retail" is not a listed allowable use in any use area. Staff feels that "retail" should be added as an allowed us in all 3 use areas. Staff feels that the following uses should be deleted from use area 3: . commercial machine shop . electrical supplies & service equipment storage . manufacturing, processing, assembly, or light industrial operations . manufacturing, fabrication and/or processing of concrete products . plumbing and heating supply stores and shops . printing, engraving and other related production processes . research laboratories, offices, and other facilities for research, sales, repair, rental and services of any commodity that the manufacture, fabrication, processing or sale of which is pennitted in the district Landscaping The ODP sets standards for minimum landscaping by use area. Use areas 1 and 3 are to meet the current standards in the Code of Laws. The Code of Laws specifies that a minimum of 20% of each lot shall be landscaped, with one tree and ten shrubs for each 1,000 square feet of required landscaped area. Additionally, street trees are required every 30 feet when adjacent to public right-of-way. The Code includes provisions for buffering adjacent residential properties and parking lots. The ODP specifies that use area 2 shall have a minimum of 15% landscaping, with emphasis given to the southern edge adjacent to West 50th Avenue. There is no requirement for minimum shrubs or trees. Staff would suggest that a note be added to the ODP which reads: "Required trees and shrubs as shown on the Final Development Plan. For all other landscape requirements, refer to Section 26-502 of the Wheat Ridge Code of Laws". This will provide clarity for future developers and city staff alike. While the 15% minimum landscape requirement is not far from the 20% standard, the distribution of the landscape area should be examined. This item will be discussed in the Final Development Plan analysis, Lot Coverage A maximum lot coverage of 85% is proposed on the ODP. Lot coverage is defined as all areas covered by building and paving. The Code of Laws specifies that for Commercial and Industrial zone districts, the maximum lot coverage is 80% of the lot. The increase to lot coverage is needed due to the decrease in landscaping coverage. This standard is bemg established for all 3 use areas. Parking A minimum parking standard is being established for office/warehouse use. The ODP specifies that one parking space shall be provided for each 1,000 square feet of warehouse or work area, plus one space for each 300 square feet of office area. This standard differs slightly from the standard in the Code of Laws. The Code of Laws specifies that one parking space shall be provided for each 600 square feet of warehouse Planning Commission WZ-05-07 & WS-05-02/IBC 5 area, plus one space for each 300 square feet of office area. All other uses and requirements would be regulated by Section 26-501 of the Code of Laws. This standard is applicable to all 3 use areas. Building Height/Setbacks The maXImum building height is being established at 50 feet, which is consistent with the commercial and industrial zone districts. A 50-foot building height would allow for a more transit-oriented desIgn with reSIdential as a second or third story above retail and lor office uses. The maximum building height is applicable to all 3 use areas. The minimum setbacks differ for each use area. Use area 1 has a I5-foot front yard build- to line. This would allow future buildings to be located 15 feet from Ward Road while parking occurs behind and to the side of the building. The minimum required side yard setback for use area 1 is 5 feet, and the required rear yard setback is 10 feet. Use area 2 has a minimum front yard setback of 20 feet, a zero-foot side yard setback and a five foot rear yard setback requirement. Use area 3 has a minimum front yard setback of 15 feet, a 5-foot side yard setback and a 10 foot rear yard setback requirement. There are no specific guidelines in the Code which refer to minimum setbacks for Planned Mixed Use Districts. The setback standards for the commercial and/or industrial zone districts can be used as a guide. The Code of Laws specifies that in commercial and industrial zone districts, front yard setback shall be a minimum of 30 feet, when the front yard is completely landscaped. Side yard setbacks in the commercial and industrial zone districts are a minimum of 5 feet, except that a zero foot setback may be allowed when constructing of non-flammable materials. The required rear yard setback in the commercial and industrial zone districts is 10 feet for the first story, and five feet for each additional story It is important to note that the applicant has chosen to define the 'front yard' as the elevation where the front door is located. This differs from the definition of 'front yard' in the Code of Laws; however, given the proposed building configuration it makes sense. It may be important to further examine the minimum side yard setback for lots 8 and 9. The ODP sets the side yard setback at zero feet. The southern side of each building is adjacent to West 50th A venue, where a zero foot setback may not be appropriate. It may be beneficial to add a note to the ODP which establishes a minimum side yard setback when adjacent to public right-of-way. This can be accomplished by stating that for buildings adjacent to public right-of-way in use area 2, a minimum setback of 20 feet is required. Architecture The ODP sets architectural standards which differ by use area. For use area 1, four sided architecture is required. A list of methods for articulating the building fa'Xade is also listed. The required language for use area 2 lIsts similar methods to articulate the building fa'Xade, The existing building will be colored to match the surrounding buildings. For all lots, a list is given for acceptable building materials. This list includes brick, stone, architectural concrete, architectural metals, plaster and cast stone. Planning Commission WZ-05.07 & WS-05-02/IBC 6 During the review stages, staff felt that higher architectural standards should be set for use area 1 (the lots adjacent to Ward Rd.). Staff felt it appropriate to require construction of brick or similar materials, and that tilt-up concrete, concrete masonry unit (or block), metal, vinyl, imitation brick or stone not be allowed as building materials. The archItectural standards on the ODP would allow a tilt-up concrete bmlding on the properties adjacent to Ward Road. Tilt-up concrete is an allowed material in industrial areas per the Streetscape and Architectural Design Manual. The architecture proposed for use area 2 is admittedly of higher quality than typical industrial architecture. Articulation will be provided by reveals in the fa~ade and the use of color, not with a change of materials or building planes. All of the buildings in use area 2 will look the same. Tilt-up concrete does not lend itself to second story additions. To convert use area 2 to live-work spaces or residential above commercial spaces, they would need to be tom down. Would the market in the future support such economics? That is hard to predict. The building orientation does not provide an inviting sense of place A majority of the buildings have internal facing entrances. When looking east from Ward Road, the sides and rears of buildings are the visible elevations. Outdoor storage areas are also visible from Ward Road. Any future development in use area 1 could screen the buildings and storage areas, but it is difficult to predict when this will happen, as the applicant does not have development plans for use area 1. Staff recommended that materials used in use area 1 along Ward Road be limited to brick (or similar materials), as well as requiring the southernmost buildings in use area 2 to be rotated to face south, be brought up to the street, and be faced with brick. This could be the start of a pedestrian oriented street along 50th Place across from the transit station. The applicant has not made the change as the orientation as suggested does not lend itself to industrial development. Access/Circulation Access is provided primarily from 50th Place and 52nd A venue, with the potential for a right-in/right-out only access on Ward Road in the future Staff believes a public street connection between 50th and 52nd is needed, especially in the future when the transit station is built. The applicant was not receptive to providing a north-south connector, as it would alter the current development pattern. The 50th and Ward intersection won't warrant a signal for many years, if ever. Most employees in this project and the surroundmg uses will want to use the signalized intersection at 52nd and Ward. This is acknowledged in the traffic report by the assignment of a higher percentage of the generated out trips to 52nd A venue. How do the vehicles get to 52nd? Through parking lots or drive aisles, making a minimum of three to four 900 turns. People will use these routes whether they work in the project or not. It would be safer and more efficient to provide for the movement between 50th and 52nd with a public street. Public Works requested two roadway improvements be made as a part of this application. First, that an acceleration and deceleration lane will be required on West 52nd Avenue for eastbound traffic. The applicant responded that the accelldecellane is not necessary Secondly, a northbound deceleration lane on Ward Road will be required at 50th Place. Planning Commission WZ-05-07 & WS-05-02/IBC 7 The applicant acknowledged the need for the lane, but stated that because insufficient nght-of-way a new lane is not possible. If sufficient right-of-way is not present, the applicant should be required to obtain the additional land for construction of the lane. The City Attorney has agreed with this assessment. There IS currently 14 feet of right-of-way present from the edge of existing asphalt. The nght-of-way width tapers towards the north, at the intersection of West 50th Avenue and Ward Road. Any property acqUIsitIOn would occur m this location, at the southeast comer of these two streets. Building Signage Two freestanding signs are allowed per the ODP - one sign on the West 50th A venue frontage and one on the West 52nd Avenue frontage The signs may be a maximum of fifteen feet tall, setback from the right-of-way a minimum of ten feet. This is consistent with the Sign Code. The freestanding signs may not be pole signs; monument SIgnS are required. The signs may be internally lit. The ODP does contain a note which refers to the Code for additional requirements. This reference to the Code becomes problematic in one aspect: the Sign Code does not allow off-premises signs. These are signs for businesses located on adjacent properties. By example, if the freestanding sign on West 52nd A venue advertises for a business on lot 5, this is consIdered an off-premises sign. If the reference to the Sign Code remains on the ODP, staff recommends that a note should be added to the Development Standards section which allows off-premises signage. The ODP does not specify the maximum size allowed for each freestanding sign. The Code of Laws bases the maximum freestanding size on bUIlding square footage. For multiple uses developments, a base of 300 square feet of freestanding signage is allowed, plus 1 square foot of signage for each 1,000 square feet of building square footage over 50,001 square feet. Based upon a total square footage of 105,010 square feet of buildings, each sign would be allowed to be 350 square feet in size. Staff would suggest that a note should be added to the ODP which sets a maximum size for each freestanding sign. Lighting The ODP refers to Section 26-503 of the Code of Laws for lighting regulations. Fencing The ODP refers to Section 26-603 of the Code of Laws for perimeter fence regulations. Performance Standards The ODP specifies that all rooftop mechanical equipment and all dumpster enclosures shall be screened. All loading docks and service entries shall be screened. This is consistent with the Code of Laws. Planning Commission WZ-05-07 & WS-05-02/IBC 8 Accessory Buildings A provislOn has been included for accessory building such as garages and sheds to be used only in conjunction with any future residential use. The accessory structures must meet the same setback requirement for primary structures. The maximum size IS 400 square feet for sheds and 600 square feet for garages. A maximum height is being established at 15 feet. Metal extenors are not allowed for eIther sheds or garages. These regulations are consistent with the R-3 regulations for accessory structures. III. CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zone: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. The existing zone classification on the official zoning map is not m error The property currently has Industrial and Planned Industrial Development zoning. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. There has been no recent change in character to the area; however, a change in character is imminent. With the approval of FasTracks, it is known that a light rail stop will be located just south of the subject property City staff learned of this light rail stop location in February of 2005, after the pre-application meeting with the applicant. This station will serve as the end of the Gold line. Phase I of the proposed development will look and feel like an industrial park, which is not conducive to transit oriented development. While the potential employees may utilize the light rail for transportation to and from work, it is unknown to what extent. The applicant has agreed to include some uses which could make the development appear more like a TOD; however the Final Development Plan for Phase I essentially establishes an industrial character for the property. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area. The Future Land Use map in the Comprehensive Plan designates this property as planned Business/Industrial Park. The proposed zone designation of Planned Mixed Use District does not fall within this classification, because the PMUD zone classification was not envisioned in the Comprehensive Plan. The Future land Use Map is one component of the Comprehensive Plan. The Plan also contains goals and policies concerning land use and transportation that need to be considered in finding consistency with the Comprehensive Plan. The proposed ODP is not in compliance with the following polices: Planning Commission WZ-05-07 & WS-05-02/IBC 9 . The City shall require that any future commercial development include continuous internal drives and continuous pedestrian paths connectmg to adjacent busmesses and streets without directing traffic through adjacent resIdential neighborhoods. · Allow light industrial uses only within unified, well-planned and approved industrial parks. · Only clean, quiet and nuisance-free light industrial uses that are self-contained with no visible outdoor storage shall be allowed wIthin the City · All new development or redevelopment that occurs within the City of Wheat Ridge shall be required to make both vehicular and pedestnan connections that are safe, functional, and serve to reduce the necessity to use a private automobile within a quarter-mile radius. . From the Planned Business/Industrial Park descriptions: o These areas have access to 1-70 and are generally located north and west of the Interstate, These parks are designed as an integrated planned development under umfied control and development standards. These parks are designed with a campus-like setting and contain clean, light industrial uses. Amenities such as outdoor sItting and eating areas and pathways should be encouraged on-site for employees. o Desired Character and Locational Characteristics: · Well planned and landscaped business or industrial parks that include employee break areas. o Desired Attributes: · Pedestrian connections within site and from site to adjacent uses. · Ensure that all new development provides internal streets, adequate circulations and pedestrian walkways that provide non-motorized connections to adjacent development and that integrate with the City's overall street and pedestrian network. In addition, one of the purposes of a planned development district is. · To minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The request is for a rezoning to PMUD. Because this is a new zone district in the City of Wheat Ridge, there are no adjacent properties with identical zone classifications. However, the proposed development functions much more as an industrial park. Much of the surrounding properties have either Industrial or Planned Industrial Development zomng. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. This proposed zone change should create a benefit to the community The current zone district allows only candy manufactunng and related uses. The proposed zone change will allow a wide range of commercial and industrial uses. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies are able to serve the property, and the developer will incur the cost and maintenance of any improvements. The Public Works Department is requiring Planning Commission WZ-05-07 & WS-05-02/IBC 10 additional right-of-way dedication adjacent to Ward Road, which would allow for an eventual widening, when the time IS appropriate The Public Works Department is also requiring the installation of a deceleration lane on Ward Road just south of West 50th Avenue. The applicant does not feel that the deceleration lane should be constructed, not due to lack of warrant, but due to lack of adequate right-of-way. Quite simply, if the right-of-way is not present, the applicant should be responsible to acquire the additional area needed from the current landowner The traffic report confirms the need, and the applicant's traffic consultant agrees the need is present, however the applicant does not wish to construct the lane. An accelJdecallane is also being required at West 52nd A venue for the length of the property. The applicant feels this lane is not needed. 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. The change in zone will not affect public health, safety or welfare in the area. Traffic will increase significantly from existing conditions, and should be slightly higher than the previous use, This proposed development should not reduce air or light to adjacent properties. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. This change of zone will create an isolated zone district. There is only one other property in the City of Wheat Ridge zoned Planned Mixed Use District, and it is located at the southwest comer of West 38th A venue and Depew Street. IV. FINAL DEVELOPMENT PLAN The goal of the Pinal Development Plan is to meet the standards set on the Outline Development Plan. The FDP is a much more site-specific document which addresses building location, parking and landscaping distribution and architecture (Exhibit 4, FDP). Only use area 2 (Phase I) is shown on the FDP. The applicant is proposing to construct six new buildings in Phase I. An existing building will be renovated. Phase I is divided into 810ts (lots 4-11). Lots 4-10 will contain buildings. Lot 11 will be used for drainage detention. Buildings 4 and 5 The applicant intends to construct and use the buildings for office/warehouse space. This is an allowed use on the ODP. Buildings 4 and 5 are similar in size and character. Building 4 will be 25,500 square feet in size, while building 5 will be 20,400 square feet in size. Building 4 faces north toward West 52nd Avenue. Building 5 faces south towards the interior of the property. Staff feels that the orientation of building 5 is not inviting and could create confusion among patrons. Both buildings 4 and 5 have substantial outdoor Planning Commission WZ-05-07 & WS-05-02/ffiC 11 storage areas. As mentioned in the ODP discussion, staff feels that outdoor storage in not an appropriate use for this property. The ODP set the maximum lot coverage (building footprint + paving) at 85% for each lot. Tills maximum is being exceeded on a few of the lots, due to the lack of landscaping. ThIs item will be discussed in greater detail in the Landscaping discussion. The ODP specifies that building 4 and buildmg 5 shall have a 20 foot front yard setback requirement, a zero foot side yard setback requirement and a 5 foot rear yard setback requirement. Each building meets and exceeds these minimum setback standards. The bUIldmgs are proposed to be between 24 and 26 feet tall. The existing building is in excess of 30 feet tall. The ODP allows a 50-foot building height. A loadmg area is being shown on the east sIde of building 4. The ODP requires all loading areas to be screened from the right-of-way. A screen wall has been provided, fulfilling this requirement. The south side of bUIlding 4 and the north side of building 5 (the rear of each building) have overhead loading doors shown. Buildings 6-9 Buildings 6-9 will be similar in size and character as well. These buildings range between 7,510 square feet (buildings 8 and 9) and 10,300 square feet (buildings 6 and 7). Each of these buildings faces in towards the site, creating an uninviting environment. The sides and rears of these buildings will be the most visible elevations. This configuration could lead to confusion by patrons and viSItors. Staff felt that bUIldings 8 and 9 could have been located closer to West 50th A venue, creating a neo-traditional design on the street frontage. This design would create a more pedestrian-fnendly environment, which is desirable in a transit oriented development. The applicants wish to locate buildings 8 and 9 further back from the street and locate parking between the buildings and the right-of- way. Building 7 contains an outdoor storage area on the east side of the building. As mentioned earlier, staff feels that outdoor storage is not appropriate for this property Buildings 6, 7, 8 and 9 each have overhead loading doors. Staff is concerned with the location of the loading doors for buildings 8 and 9. The loading doors are located in such a way that if large trucks are making deliveries to these buildings, the north-south drive aisles adjacent to buildings 8 and 9 could be blocked. A single unit delivery truck has a total length of 30 feet. This type delivery truck will not be as problematic as a larger truck, such as a semi with a trailer. These trucks are generally 50 feet in length. It should be noted that the internal circulatIOn for private property is not as crucial as circulation on or near public right-of-way. Buildmgs 6 and 7 have loading areas that are screened from the right-of-way As mentioned in the Outline Development Plan discussion, staff feels it appropriate to shift buildings 8 and 9 further south so as to create a pedestrian friendly and TOD oriented design. The applicant wishes to have the buildings located further away from the street, as shown on the FDP Planning Commission WZ-05-07 & WS.05-02/IBC 12 Architecture Pages 5, 6 and 7 of the FDP detail the architecture for the buildings. Typical elevations have been shown for each building type Buildings 4 and 5 are snnilar, and buildings 6, 7, 8 and 9 are snnilar The ODP set the architectural standards for Phase I. Standards were established for breaking up the building fagade and acceptable materials were IdentIfied. Tilt-up concrete is an allowed material in mdustrial areas per the Streetscape and Architectural Design Manual and is allowed by the ODP The architecture proposed for use area 2 is admittedly of higher quality than typical industrial architecture Articulation will be provided by reveals in the fa'tade and the use of color, not with a change of materials, or building planes. All of the buildings in use area 2 will look the same. The architecture meets the requirements of the ODP Landscaping The ODP establIshes the minimum required landscaping at 15% of Phase I. The FDP details a total provided landscaping coverage of 22 % of Phase I. The overall requirement for landscape quantity is being met; however, it is important to note that approximately 30% (22,411 square feet) of the overall landscaping is located within a detention pond to the east of Phase I. The landscaping is distributed unevenly throughout the lots; that is, the landscaping provided for lot 4 differs from the landscaping provided for lot 7 Lot 4 has 10% landscaping (7,125 square feet). Lot 5 has 8% landscaping (4,284 square feet). Lots 6 and 7 each have 12% landscaping. The applicants wish to emphasize the southern boundary of Phase I with landscaping. Lots 8 and 9 have 27% and 30% landscaping, respectively. The existing building (lot 10) will have 21 % landscaping. The decrease in landscaping on the internal lots creates a discrepancy between the minimum required landscaping and the maximum allowed lot coverage. For example, Lot 6 is 26,281 square feet in size. The maximum lot coverage (building + paving) is 85%, or 22,339 square feet. This means the remaining 15% (3,942 square feet) must be landscaped area. However, only 3,262 square feet is being provided as landscaped area for lot 6. Based on this, the actual lot coverage for lot 6 is 23,019 square feet, or 87% of the lot. This holds true for all lots with less than 15% landscaping (lots 4, 5, 6, and 7). Either the landscaping standards need to be lowered on a lot-by-lot basis, or the maximum lot coverage should be increased for these lots. Quite simply, the standards on the ODP which are being established must be met on the FDP Lot 7 is required to include 5 trees. The submitted plans (and corresponding data table) detail only 4 trees on the property. ThIS can be corrected by moving one tree from lot 10 slightly west to lot 7. Trees and shrubs are being provided at a ratio consistent with Code requirements. The Code (and the ODP reiterates) that one tree and 10 shrubs shall be provided for every 1,000 square feet of required landscape area. Each one of the lots meets these minimum reqUIrements. Additionally, for lots adjacent to the right-of-way, one street tree is required for each 30 feet of street frontage, minus the distance of curb cuts. Each of the lots with public right-of-way frontage (lots 4, 8, 9 and 10) meet these minimum street tree requirements. Planning Commission WZ-05-07 & WS-05-02/IBC 13 Lot 11 (the detentlOn facility) contains a total of 23 trees. ThIS is consistent wIth the requirement in the Code and on the ODP. There are no shrubs on Lot 11, as the inclusion of 230 shrubs would compromise the ability of the detentlOn pond. The total amount of shrubs distributed throughout lots 4-10 greatly exceeds the minimum requirements. Parking The ODP specifies that one parking space shall be provided for each 300 square feet of office space, and one parking space for each 1,000 square feet of warehouse space. All other uses should refer to the Code of Laws. The applicant has indicated that the office will encompass 20% of each umt, with the remaining balance being warehouse or shop area, These regulations are applicable to all lots in Phase I. Based upon this ratio, 21 parking spaces are required to accommodate the office area for building 4. Additionally, 17 parking spaces are needed to accommodate the warehouse/shop area. A total of 41 parking spaces are required for building 4. A total of 47 parkmg spaces have been provided for lot 4. Parking is located on the south side (front entrance) of building 5. Based upon the above parking ratios, 14 parking spaces are needed for the office use and 17 parking spaces are needed for the warehouse/shop area, for a total requirement of 33 parking spaces. A total of 34 parking spaces have been provided for lot 5 Parkmg is located directly adjacent to W. 52nd A venue for building 4. The Code of Laws reqUIres a ten-foot landscape buffer for parking lots adjacent to right-of-way. The proposed landscape buffer from the edge of right-of-way for lot 4 is 5 feet. Lots 8 and 9 have substantial landscape buffers between the parking areas and the right-of-way. Lot 10 has approxImately 8 feet of landscape buffer between the parking areas and the right-of- way All of the remaming lots meet the required parking ratios, with the exception of lot 6 Lot 6 is required a total of 17 parking spaces, but only 16 have been provided. Lighting Page 8 of the FDP is a photometric lighting plan which details the exterior light distribution onsite. The figures provided are in foot-candles. The Code of Laws (and the ODP) requires that all light generated shall be contained onsite. Simply, that the foot- candle readings be "0.0" at the property lines. The submitted photometric plan complies substantially with the Code requirements. The proposed free-standing light fixtures are detailed on page 8 as well. The Code of Laws specifies that the maximum height for freestanding light fixtures shall not exceed 18 feet, measured from grade. The proposed light fixtures are 18 feet from grade. V. SUBDIVISION PLAT The plat will subdivide the property into 17 lots (Exhibit 5, Plat). There is no mimmum lot size being established for any of the lots. Staff is concerned that the eastern lots (lots 12-17) are bemg platted without a specific development plan. It could be much more Planning Commission WZ-05-07 & WS-05-02/IBC 14 dIfficult to aggregate the lots for a larger development if they are in separate parcels and separate ownership. Public dedIcation is being required by the Public Works Department along the Ward Road frontage. This dedicatlOn is required to accommodate a full right-of-way width for Ward Road. The apphcants have agreed to thIS nght-of-way dedicatIOn, and It IS being provided on the plat. VI. AGENCY REFERRAL Referral comments were received from the Valley Water District, Arvada Fire District, City of Arvada Community Development, Colorado Department of Transportation, Wheat Ridge Public Works Department, Wheat Ridge Building DivIsion and Xcel Energy All responding agencies have indicated that they can serve the property, and the applicant will bear the cost of upgrading any service to the property. Typical utility easements are being established around the perimeter of each lot. The City of Arvada provided the most detailed analysis of the proposal. The major concern raised by Arvada staff is that the proposed development is not taking advantage of a transit oriented development. Arvada staff felt that outdoor storage and warehousing were not compatible with transit oriented development, and that mini-storage, concrete plants, manufacture of vaccines, itinerant sales and exterminators should not be allowed uses. A drainage report has been submitted and reviewed by the Public Works Department. The report is approvable, provided minor corrections are made to the drainage report and plans. The Public Works Department is requiring the construction of curb and gutter around the perimeter of the property. Sidewalks will be constructed on the West 50th Avenue and West 52nd Avenue frontages. VII. NEIGHBORHOOD MEETING The required neighborhood meeting was held prior to submittal. There were six attendees from the neighborhood. General questlOns ranged from the type of development which will occur to how drainage would be accommodated onsIte. VIII. STAFF CONCLUSION & RECOMMENDED MOTlON(S): There are three requests, each of which will require a separate motion: request for approval of a rezoning and outline development plan, request for approval of a final development plan and request for approval of a final plat. REZONING AND OUTLINE DEVELOPMENT PLAN OPTION A: "I move to recommend APPROVAL of Case No. WZ-05-07, a request for approval of a rezoning from Industrial and Planned Industrial Development to Planned Mixed Use District, and an Outline Development Plan for property located at 5060 Ward Road, for the following reasons: Planning Commission WZ-05-07 & WS-05-02/IBC 15 1. The change in zone IS compatible with the existing conditions in the immediate area. 2. The change in zone will not adversely affect the public health, safety or welfare. With the following conditions. 1 Outdoor storage shall be deleted from the list of allowed uses on the Outline Development Plan, and the areas shown as 'outdoor storage areas' for lots 4, 5 and 7 on page 2 of the Outline Development Plan shall also be deleted. 2. A note shall be added to the Development Standards section of the Outline Development Plan which reads: "Lots 1. 2 and 3 - Four-sided architecture required - brick is strongly encouraged. Tilt-up concrete, eM. 0., metal, vinyl, imitation brick, stone or rock exteriors are not allowed. No corporate design allowed. " 3 Buildings 8 and 9 shall have the same architectural standards as Lots 1,2 and 3, and the building envelopes shall be moved south towards West 50th A venue and the parking areas shall be located on the north side of the buildings. 4. The following uses shall be deleted from the list of Allowed Uses on the Outline Development Plan. "automobile and light duty truck sales, contractor's service shops & storage yard, construction & heavy equipment sales, service, rental & storage, contractor's plant or storage yard, rental agencies, manufacture of vaccines, serums and toxins, mini warehouses for inside storage, motor fueling stations, motorcycle sales and service, schools for industrial or business training including vocational trade or professional schools, stone cutting or polishing, warehousing and outside storage and warehouse". 5. The deceleration lane on Ward Road south of West 50th Avenue shall be installed per the City of Wheat Ridge Public Works Department requirement. 6. The accel/decellane for eastbound traffic on West 52nd A venue shall be installed per the City of Wheat Ridge Public Works Department requirement. 7. The following uses shall be removed from the list of Allowed Uses on the Outline Development Plan for use area 3 (phase III): commercial machine shop, electrical supplies & service equipment storage, manufacturing, processing, assembly, or light industrial operations, manufacturing, fabrication and/or processing of concrete products plumbing and heating supply stores and shops, printing, engraving and other related production processes and research laboratories, offices, and other facilities for research, sales, repair, rental and services of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district" . Planning Commission WZ-05-07 & WS.05-02/IBC 16 8 A note shall be added to the Outlme Development Plan in Exterior Signage under Development Standards which addresses the maximum SIze allowed for each freestanding sign, 9 A note shall be added to the Outline Development Plan in Exterior Signage under Development Standards which reads: "Off-premises signage is allowed" lOA note shall be added to the Outline Development Plan in Landscaping under Development Standards which reads: "Required trees and shrubs as shown on the Final Development Plan. For all other landscape requirements, refer to Section 26-502 of the Wheat Ridge Code of Laws" 11. The maximum lot coverage and minimum landscaping on lots 4, 5, 6, and 7 needs to be clarified and consistent with the actual provided quantities on the Final Development Plan. This will entail either increasing maxImum lot coverage and decreasing minimum landscaping requirements for these lots, or decreasing maximum lot coverage and increasing minimum required landscaping for these lots. 12. The list of allowed uses shall include" retail" as an allowed use in all 3 use areas. 13. The list of allowed uses shall include "residential" as an allowed use in all 3 use areas. 14. The list of allowed uses shall include "Eating establishment, sit down" as an allowed use in use area 2 (Phase I), 15. A note shall be added to the Outline Development Plan under Required Setbacks in Development Standards which reads: "For use area 2 - side yard setback shall be a minimum of 20 feet when adjacent to public right- of-way." OPTION B: "I move to recommend DENIAL of Case No. WZ-05-07, a request for approval of a rezoning from Industrial and Planned Industrial Development to Planned Mixed Use District, and an Outline Development Plan for property located at 5060 Ward Road, for the following reasons: 1. While consistent with the Future Land Use Plan designation, the application is not consistent with policies: A. Requiring continuous internal drives and continuous pedestrian paths connecting for adjacent businesses and streets B Allowing industrial uses that are self-contained with no visible outdoor storage C. Requiring vehicular and pedestrian connections that are safe, functional and serve to reduce the necessity to use a private automobile within a quarter-mile radius D. Setting out the desired character and desired attributes of Planned BusinesslIndustrial Parks E. That all new development provides internal streets, adequate circulation and pedestrian walkways that provide non-motorized connections to adjacent development and that integrate with the City's Planning Commission WZ-05-07 & WS-05-02/IBC 17 overall street and pedestrIan network. 2. That the application does not fulfill one of the purposes of a planned development district, specifically to minimize traffic congestion on public streets, control street access, and to provide for well-designed mterior circulation. 3 The application does not adequately mitigate traffic impacts on 52nd Avenue adjacent to the property and at the Ward Road and 50th Place intersection." OPTION C: "I move to continue Case No. WZ-05-07, a request for approval of a rezoning from Industrial and Planned Industrial Development to Planned Mixed Use District, and an Outline Development Plan for property located at 5060 Ward Road." FINAL DEVELOPMENT PLAN OPTION A. "I move to recommend APPROVAL of Case No. WZ-05-07, a request for approval of a Final Development Plan for property located at 5060 Ward Road, for the following reasons 1 With slight modification, the Final Development Plan will comply with the development standards established by the Outline Development Plan. 2. The Final Development Plan meets the technical requirements as established in Article ill for Final Development Plans. With the followmg condItions: 1 The areas shown as outdoor storage shall be removed from the planset. 2. Lot 6 shall be amended to include one more parking stall, as is required by the Outline Development Plan. 3. The maximum lot coverage and minimum landscaping standards shall be changed to reflect changes made on the Outline Development Plan. 4. One additional tree must be added to lot 7 to meet minimum requirements established on the Outline Development Plan. OPTIONB: "I move to recommend DENIAL of Case No. WZ-05-07, a request for approval of a Final Development Plan for property located at 5060 Ward Road, for the following reasons: 1. While consistent with the Future Land Use Plan designation, the application is not consistent with policies. A. Requiring continuous internal drives and continuous pedestrian paths connecting for adjacent businesses and streets B Allowing industrial uses that are self-contamed with no visible outdoor storage C. Requiring vehicular and pedestrian connections that are safe, Planning Commission WZ-05-07 & WS-05-02/IBC 18 functional and serve to reduce the necessity to use a private automobile within a quarter-mile radius D. Setting out the desired character and deSIred attributes of Planned Business/lndustnal Parks E. That all new development provides internal streets, adequate CIrculatIOn and pedestnan walkways that provide non-motorized connections to adjacent development and that integrate with the City's overall street and pedestrian network 2. That the applicatlOn does not fulfill one of the purposes of a planned development district, specifically to minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. 3. The application does not adequately mitigate traffic impacts on 52nd Avenue adjacent to the property and at the Ward Road and 50th Place intersection." OPTION C: "I move to continue Case No WZ-05-07, a request for approval of a Final Development Plan for property located at 5060 Ward Road." FINAL PLAT OPTION A. "I move to recommend APPROVAL of Case No WS-05-02, a request for approval of a seventeen lot subdivision plat for property located at 5060 Ward Road for the following reasons: 1. All requirements of the SubdIvision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use." OPTION B: "I move to recommend DENIAL of Case No. WS-05-02, a request for approval of a seventeen lot subdivision plat for property located at 5060 Ward Road for the following reasons. 1. " Planning Commission WZ-05-07 & WS-05-02/IBC 19 architecture planning interiors P 720.488.2626 I 720.488.2625 6120 greenwood plaza boulevard suite 120 greenwood village. colorado 80111 waremalcomb.com irvine los angeies northern cal'lfornia san diego denver chicago , \ .............. "-. ..... ......... WARE MALCOMB May 9, 2005 CITY OF WHEAT RIDGE, COLORADO PLANNING DEPARTMENT Municipal Building, 2nd Floor 7500 West 29th Avenue Wheat Ridge, Colorado 80033 RE: DENVER WEST COMMERCE CENTER To Whom It May Concern: The IBC Holdings is pleased to submit the attached outline development plan submittal. !BC Holdings is the developer, Ware Malcomb the architect, Martin and Martin the Civil Engineer and Murray and Stafford the General Contractor !BC Holdings is proposing to redevelop the existing Jolly Rancher manufacturing plant located in Wheat Ridge, Colorado. The proposed redevelopment will include the removal of the existing manufacturing plant, with the exception of a 32,000 sf portion that will remain and constructing six (6) new buildings ranging in size from 7,500 sf to 25,500 sf. Additionally (3) pad sites will created for future development along Ward road. The property is located on the East side of Ward Road, bounded on the North by W. 52nd Avenue and the South by W 50th Place. We appreciate your consideration of our project and look forward to a mutually beneficial relationship with the City of Wheat Sincerely, W ARE MALCOMB {!-(!IL Matt Chaiken Project Manager ~...r' ,_._ 'EXHIBIT 1 1:\Jobs04\jBC HOlcl'lngs\04502700 - D(;2 WesMdrrin\ClIy 01 '#hut Ridge\J..etler of writterl request-ODP-5-9.(J5,dOC City of Wheat Ridge Community Development Department Memorandum TO: Planmng Commission FROM: Travis Crane, Planner SUBJECT: Case No. WZ-OS-07 & WS-OS-02 DA TE: 29 September 2005 Case numbers WZ-05-07 and WS-05-02 are a request for a rezomng from Industrial and Planned Industrial Development to Planned Mixed Use Development, approval of an Outline Development Plan, a Final Development Plan and final plat. The subject property is located at 5060 Ward Road. At it's meeting on September 15, 2005, the Planning Commission continued the above-mentioned land use cases for the following reasons: " to give the applicant and staff time to negotiate the exclusions as recommended by staff and the applicant's covenant controls in order to reach an agreement as to what should or should not be excluded, and additionally, give staff and applicant time to work on a compromise regarding recommendations and/or requirements relating to traffic issues concerning acceleration and deceleration lanes. " The mtent of the motion was for staff and the applicant to discuss allowed uses, performance standards and required traffic improvements. In the original staff report, staff requested a number of uses should be excluded from the list of allowed uses on the Outline Development Plan. Additionally, staff recommended that two separate deceleration lanes should be constructed. Each issue will be discussed below in further detail. Allowed Uses In the original staff report, staff requested the following uses be removed as 'allowed uses' on the Outline Development Plan: . automobile and light duty truck sales . contractor's service shops & storage yard · construction & heavy equipment sales, service, rental & storage . contractor's plant or storage yard . rental agencies . manufacture of vaccines, serums and toxins . mini warehouses for inside storage . motor fueling stations . motorcycle sales and service Planning Commission October 6, 2005 1 ATTACHMENT 2 · schools for industrial or business training including vocational trade or professional schools · stone cutting or polishing . warehousing and outside storage . warehouse The following uses have been removed from the list of 'allowed uses': automobile and light duty truck sales, construction & heavy equipment sales, service, rental and storage, contractor's plant or storage yard, rental agencies, manufacture of vaccines, serums and toxins, mini warehouses for Inside storage, motor fueling stations, motorcycle sales and service, stone cutting or polishing and warehouse. The following uses still remain as allowed uses: contractor's service shops and storage yard, schools for industrial or business training including vocational trade or professional schools, and warehousing and outside storage. "Contractor's service shops and storage yards" have been retained as an allowed use at the request of the applicant. Staff does not oppose the inclusion of this use. "Schools for industrial or business training..." has been modified as an allowed use to read. "schools for industrial or busmess training including vocational trade or professlOnal schools conducted entirely indoors, unless specifically shown on the approved Final Development Plan" The additional language was arrived at by staff and the applicant. Warehousing and outdoor storage remains as an allowed use at the request of the applicant. Staff still feels that outdoor storage is not appropriate. It is important to note that if outdoor storage is allowed as an ancillary use to warehousing, performance standards should be added to the Outline Development Plan which read: "outdoor storage shall be completely screened from view with a solid enclosure. The height of stored materials shall not exceed the height of the enclosure. Chain link is not an allowed screening matenal. Solid screen walls are required" In the original staff report, staff requested that the following uses be removed as 'allowed uses' for use area 3: . commercial machine shop . electrical supplies & service equipment storage . manufacturing, processing, assembly, or light industrial operations . manufacturing, fabrication and/or processing of concrete products . plumbing and heating supply stores and shops . printing, engraving and other related production processes . research laboratories, offices, and other facilities for research, sales, repair, rental and services of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district The following uses have been removed from the list of 'allowed uses' in use area 3: commercial machine shops and manufacturing, processing, assembly, or light industrial operatlOns. The Planning Commission October 6, 2005 2 remaining uses have been changed to 'special uses' in the use chart. This was at the request of staff and agreed to by the applicant. Staff requested that a few uses should be added as allowed uses in certain use areas - specifically, "retail", "eating establishment, sit down" and "residential". These have been added as allowed uses. Finally, staff feels that "office warehouse" is not an appropriate use for use area 1 (the pad sites adjacent to Ward Road). The applicant would like to keep "office warehouse" as an allowed use in all 3 use areas. Traffic Improvements In the original staff report, staff discussed the need for two separate deceleration lanes as a result of the impact generated by the redevelopment. The first deceleration lane was requested on Ward Road south of 50th A venue. The trip generation for the site warrants the installation of the lane; however, the applicant felt that due to lack of adequate right-of-way, the lane should not be constructed. After further examination of the aerial photographs and the Ward Road right-of-way, the public works department has concluded that adequate right-of-way is present for the construction of the deceleration lane. The requirement for construction of this deceleration lane on Ward Road south of 50th Avenue is still valid. The memo generated by the Engineering Manager, Steve Nguyen, has been included as Exhibit A. thIS memo discusses the justification for each deceleration lane. The memo contains Mr. Nguyen's original comments in black, the applicant's response in blue and Mr. Nguyen's counter response in red. The second deceleration lane was requested at West 52nd A venue for eastbound traffic The deceleration lane would be a continuation of an existing lane which is located in front of the gas station to the west. The deceleration lane would terminate at the proposed access point on West 52nd A venue for the subject property. The trip generation for the site warrants the installation of the deceleration lane. Signage The original staff report stated some clarification was needed in respect to free standing signage allowed. The Outline Development Plan which was reviewed by Planning Commission on September 15, 2005 included the following language' "Two free standing monument signs are allowed one on West 50th Avenue frontage one on West 52nd Avenue frontage Pole signs are not allowed. Each sign may be a maximum of fifteen feet in height, setback at least ten feet from the street right-of-way. Each sign shall match building architecture and coloring. Monument signs may be internally lit. Signs may not be located within the required sight distance triangle. For all other signage requirements and guidelines refer to Article Vll of the Wheat Ridge Code of Laws." The revised Outline Development Plan simply states signage is regulated by Article VII of the Code of Laws (sign code) A note has been added which allows off-premises signage. Given this language, lots 1,2,3,4,8,9, 10, 12, 14 and 16 could all have freestanding signage, and all lots could advertise on any of these signs. It would be more deSIrable to have a few well designed signs that advertise for Planning Commission October 6, 2005 3 multiple tenants. Staff feels that gIVen a development of this type, controlled, well designed sIgnage should be provided. Staff has recommended that 3 freestanding signs shall be allowed - one on West 50th A venue, one on West 52nd Avenue, and one on Ward road. Covenants Language has been added to the Outline Development Plan which addresses performance standards for each lot in the development area. The language included is from Section 26-505 of the Wheat Ridge Code of Laws (Industrial Performance Standards). These standards address appearance, nOIse, dust, fumes, glare, heat, and vibration. Conclusions A majority of the outstanding issues have been addressed and agreed upon by staff and the applicant. The remaining points of contention are: . The inclusion of outdoor storage as an allowed use . The inclusion of 'office warehouse' as an allowed use in use area 1 . The requirement for a deceleration lane on Ward Road south of West 50th Avenue . The requirement for a deceleration land on West 52nd Avenue The original staff report with all exhibIts has been included for reference. Recommended Motions There are three requests, each of which will require a separate motion: request for approval of a rezoning and outline development plan, request for approval of a final development plan and request for approval of a final plat. REZONING AND OUTLINE DEVELOPMENT PLAN OPTION A: "1 move to recommend APPROVAL of Case No. WZ-05-07, a request for approval of a rezoning from Industrial and Planned Industrial Development to Planned Mixed Use District, and an Outline Development Plan for property located at 5060 Ward Road, for the following reasons: 1. The change in zone is compatible with the existing conditions in the immediate area. 2. The change in zone will not adversely affect the public health, safety or welfare. With the following conditions: 1 Outdoor storage shall be deleted from the list of allowed uses on the Outline Development Plan, and the areas shown as 'outdoor storage areas' for lots 4,5 and 7 on page 2 of the Outline Development Plan shall also be deleted. A note shall be added to the Development Standards section of the Outline Development Plan which reads: "Lots 1. 2 and 3 - Four-sided architecture 2. Planning Commission October 6, 2005 4 required - brick is strongly encouraged. Tilt-up concrete, eM. U , metal, vinyl, imitation brick, stone or rock exteriors are not allowed. Corporate architecture must be modified to comply with the standards of the Streetscape and Architectural Design Manual. " 3. Buildings 8 and 9 shall have the same archItectural standards as Lots 1, 2 and 3, and the building envelopes shall be moved south towards West 50th Avenue and the parking areas shall be located on the north SIde of the buildings. 4. "Office warehouse" shall not be an allowed use in use area 1. 5 The deceleration lane on Ward Road south of West 50th Avenue shall be installed per the City of Wheat RIdge Public Works Department requirement. 6 The accel/decellane for eastbound traffic on West 52nd Avenue shall be installed per the City of Wheat Ridge Public Works Department requirement. 7 Page Two of the Outline Development Plan shall be amended to accurately reflect the proposed access point on West 52nd Avenue. 8. An association shall be created whIch governs maintenance of the collective properties. 9. A note shall be added to the Outline Development Plan in Exterior Signage under Development Standards which reads: "Three free standing monument signs are allowed · one on West 50th A venue frontage · one on West 52nd Avenue frontage · one on Ward Road Pole signs are not allowed. Each sign may be a maximum of fifteen feet in heIght, setback at least ten feet from the street right-of-way. Each sign shall match building architecture and coloring. Monument signs may be internally lit. Signs may not be located within the required sight distance triangle. For all other signage requirements and guidelines refer to Article VII of the Wheat Ridge Code of Laws. Off-premises signage shall be allowed so that each business may have advertising on the freestanding signs." OPTION B: "I move to recommend DENIAL of Case No. WZ-05-07, a request for approval of a rezoning from Industrial and Planned Industrial Development to Planned Mixed Use District, and an Outline Development Plan for property located at 5060 Ward Road, for the following reasons: 1. While consistent with the Future Land Use Plan designation, the application is not consistent with Plan policies: A. Requiring continuous internal drives and continuous pedestrian paths connecting for adjacent businesses and streets B. Allowing industrial uses that are self-contained with no visible outdoor storage C. Requiring vehicular and pedestrian connections that are safe, functional and serve to reduce the necessity to use a private automobile within a quarter-mile radius D. Setting out the desired character and desired attributes of Planned Business/Industrial Parks E. That all new development provides internal streets, adequate circulation Planning COmmIssion October 6, 2005 5 and pedestrian walkways that provide non-motonzed connections to adjacent development and that integrate wIth the City's overall street and pedestrian network. 2, That the application does not fulfill one of the purposes of a planned development distnct, specifically to mimmize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. 3 The application does not adequately mitigate traffic impacts on 52nd Avenue adjacent to the property and at the Ward Road and 50th Place intersection," 4 A change in character in the area has not occurred. OPTION C. "I move to continue Case No. WZ-05-07, a request for approval of a rezoning from Industrial and Planned Industrial Development to Planned Mixed Use District, and an Outline Development Plan for property located at 5060 Ward Road." FINAL DEVELOPMENT PLAN OPTION A. "I move to recommend APPROVAL of Case No. WZ-05-07, a request for approval of a Final Development Plan for property located at 5060 Ward Road, for the following reasons' 1. With slight modification, the Final Development Plan will comply with the development standards established by the Outline Development Plan. 2. The Final Development Plan meets the technical requirements as established in Article III for Final Development Plans. With the following conditions: 1, The areas shown as outdoor storage shall be removed from the planset. 2. Lot 6 shall be amended to include one more parking stall, as is required by the Outline Development Plan. 3. One additional tree must be added to lot 7 to meet minimum requirements established on the Outline Development Plan. OPTION B: "I move to recommend DENIAL of Case No. WZ-05-07, a request for approval of a Final Development Plan for property located at 5060 Ward Road, for the following reasons. 1. The Outline Development Plan has been recommended for denial. 2. That the application does not fulfill one of the purposes of a planned development district, specifically to minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. 3. The application does not adequately mitigate traffic impacts on 52nd Avenue adjacent to the property and at the Ward Road and 50th Place intersection." Planmng Commission October 6, 2005 6 OPTION C: "I move to continue Case No. WZ-05-07, a request for approval of a Final Development Plan for property located at 5060 Ward Road." FINAL PLAT OPTION A: "I move to recommend APPROVAL of Case No. WS-05-02, a request for approval of a seventeen lot subdivision plat for property located at 5060 Ward Road for the following reasons. 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use." OPTION B. "I move to recommend DENIAL of Case No WS-05-02, a request for approval of a seventeen lot subdivision plat for property located at 5060 Ward Road for the following reasons: 1. " OPT/ON C. "I move to continue Case No WS-05-02, a request for approval of a seventeen lot subdivision plat for property located at 5060 Ward Road." Planning Commission October 6, 2005 7 , Shaun Baker 303-703-6722 P. O. Box 2121 Englewood, CO 80150 September 30, 2005 Mr. Travis Crane- City Planner Via FAX. 303-235-2857 The City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, CO 80033 RE: 5060 Ward Road Redevelopment Dear Mr Crane; This is a follow up to our discussion today regarding my concerns about this project. I am one of the owners at 5040 Ward Road. I am writing this letter since I will be out oftown and unable to attend the October 6 meeting at 7 PM. Prior to approval or implementation of this project, [ have two concerns that I would like addressed: 1 I imagine that there ,>"iIl be increased traffic flows between 50th Place and Ward Road when this project is completed. How this is hanclled, needs to be clearly defined so that adequate ingress and egress to and from 50th place onto Ward Road will implemented to minimize traffic congestion and accidents at this intersection. As you confinned today, there is a possibility that the addition of a right turn lane in front of and adjacent to my property from Ward northbound to 50th eastbound is being considered. As I understand it, this would only be considered v.;th an agreement that I would approve, with input from my tenants who have been at this location for years. I would like this clearly defined as to what the developer is proposing and how it would impact my property and the tenants at 5040 Ward road and their customers, 2. Storm drainage in the neighborhood has been a challenge to property owners for years. Since the City made some improvements to the storm drain adjacent to my property this has been less ofa concern for me; however, neighbors further east of Ward Road where run-offtends to accumulate continue to see some negative impact. It needs to be confirmed that proper and more than adequate retention or absorption areas exist on the 5060 Ward site, otherwise this would add additional problems to the neighborhood. Thanks for your consideration and I look forward to your reply Sincerely, O. uQ_ L. ~r"/r:lf/UVL-" 7 d~ "'Shaun Baker CC: Green Mountain Automotive All Star Autobody ATTACHMENT 3 ~~00'd d6Z'Z1,S0/~8/8~ L9L9-8121L-808 ..J.a>te8 une~s INTRODUCED BY COUNCIL MEMBER ROTOLA Council Bill No. 16 Ordinance No. Series of 2005 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM PLANNED INDUSTRIAL DEVELOPMENT (PID) AND INDUSTRIAL (I) TO PLANNED MIXED USE DISTRICT (PMUD) FOR PROPERTY LOCATED AT 5060 WARD ROAD CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section 1. Upon application by IBC Holdings, approval of a rezoning in Wheat Ridge, Colorado, Case No WZ-05-07, for property located at 5060 Ward Road and based on a recommendatIOn from the Wheat Ridge Planning Commission and pursuant to the findmgs made based on testimony and eVidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Planned Industnal Development and Industrial Distnct and to include in the Planned Mixed Use Distnct zone district the following described land: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 17; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER N00D11' 19"E, 199 74 FEET, THENCE DEPARTING SAID NORTHERL Y LINE SOOD48'41 "E, 3000 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF WEST 52NO AVENUE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY N89D11 ' 19"E, 348 38 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY SOOD18'24"E, 414.77 FEET, THENCE N88D53'15"E, 518.65 FEET, THENCE S00D19' 18"E, 5.27 FEET; THENCE ALONG THE ARC OF A NON- TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 270.54 FEET, A CENTRAL ANGLE OF 66D58' 40" AND A CHORD WHICH BEARS S57D19'34"E, 298.55 FEET, THENCE PARALLEL TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 50TH PLACE S88D40'20"W, 200 44 FEET; THENCE S00D19'0T'E, 215 60 FEET TO THE EXTENDED LINE OF SAID NORTHERLY RIGHT OF WAY OF WEST 50TH PLACE, THENCE ALONG SAID EXTENDED NORTHERLY RIGHT OF WAY AND NORTHERL Y RIGHT OF WAY S88D40'20"W, 1 087.24 FEET TO SAID EASTERL Y RIGHT OF WAY OF WARD ROAD; THENCE ALONG SAID EASTERLY RIGHT OF WAY DEPARTING SAID NORTHERLY RIGHT OF WAY NOODI8'19"W, 659.25 FEET; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY N89D11' 19"E, 17000 FEET, THENCE N00D18' 19"W, 150.00 FEET TO SAID SOUTHERLY RIGHT OF WAY OF WEST 52NO A VENUE AND THE TRUE POINT OF BEGINNING ATTACHMENT 4 .... ~. Section 2. Vested Property Rights. Approval of thIS rezoning does not create a vested property right. Vested property rights may only anse and accrue pursuant to the provislOns of Section 26-121 of the Code of Laws of the City of Wheat RIdge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part ofthis Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect applIcatIon to other persons or circumstances. Section 5. Supersession Clause. If any proviSIOn, requirement or standard established by thIs Ordmance is found to conflIct with similar proviSIOns, requirements or standards found elsewhere m the Code of Laws of the City of Wheat RIdge, which are in existence as of the date of adoptIOn of this Ordinance, the provIsions, requirements and standards herem shall supersede and prevail. Section 6. This Ordinance shall take effect 15 days after final publicatIOn. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to o on this 10th day of October, 2005, ordered publIshed in full in a newspaper of general circulatIOn in the City of Wheat Ridge and Pubhc Hearmg and consideration on final passage set for November 14th 2005, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this 14th day of November, 2005. SIGNED by the Mayor on this _ day of ,2005 GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication. October 13, 2005 2nd Publication. Wheat RIdge Transcript Effectlve Date e:\plann ing\forms\ord. frm '" " " ~ o ~ o G Ctn ~~ "'003 t;~ zU) / / , .... .... " \ '" 1l-.l0EPE.troJ;NCE. 51 ...., City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map. ,~, rj, [.11[ K ~L AJ C '---I (j ill) 1/1) It Aici.- INTRODUCED BY COUNCIL MEMBER~ C6HBeil EiR No. _-2005 Ordinance No. Series of 2005 13S4- [Q.Jri-(~ \~ .L TITLE: AN ORDINANCE ADOPTING A TEMPORARY MORA TORlUM ON ACCEPTANCE AND PROCESSING OF APPLICA TIONS FOR BUILDING PERMITS AND LAND USE APPROVALS WITHIN A PORTION OF THE CITY OF WHEAT RIDGE WHEREAS, the City of Wheat Ridge, Colorado is a home rule municipality duly and regularly organized and existing as a body corporate and politic under and by virtue of the Constitution and laws of the State of Colorado, and WHEREAS, the City of Wheat Ridge may adopt such ordinances relative to local and municipal matters as are necessary to effectuate the purposes and intent of power granted to home rule municipalities by the Constitution of the State of Colorado' and, WHEREAS, Section 1.3 of the Home Rule Charter of the City confers all home rule powers to the City and, WHEREAS, the Wheat Ridge City Council has adopted a Neighborhood RevitalIzation Study; and WHEREAS, in order to implement the goals of the Neighborhood ReVItalization plan the Community Development Department is in the process of creating three sub-area plans; and WHEREAS, the City Council is concerned that owners of properties may accelerate plans for development in reaction to, and prior to completion of, the Northwest Subarea Plan in the area generally bounded by W. 52nd Avenue on the north, North 1-70 Frontage Road on the south, Ward Road on the west and Tabor Street on east as depicted by Exhibit 1; and WHEREAS, this general area has been targeted by the Regional Transportation District for a transit stop on the Gold Line Rapid Transit Corridor; and, WHEREAS, the City Council finds that acceptance and processing of applications for building permits for proposed construction in, and the application for rezoning of, those portions of the City depicted on Exhibit 1 prior to the completion of the consideration of the Northwest Subarea Plan will not promote coordinated, innovative, high-quality transit-oriented planning; and 1 WHEREAS, the City Council finds that delay m the acceptance and processing of such applications for a period of time not to exceed April 3,2006 is necessary and in the best interests of the City order for the City to complete Its consideration and adoption of a subarea plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Moratorium Declared. The City Council hereby declares and imposes a moratorium upon: (1) the acceptance and processing of applicatlOns for buildmg permits for new construction of principal buildings and (2) acceptance and processing of land use applications, including rezoning, special use permits, subdivisions, planned development outline development plans or final development plans, or variances, on properties within those portions depicted on the map as shown as Exhibit 1, attached hereto and fully incorporated herein, said moratorium to terminate on February 10, 2006, unless terminated earlier by the City Council. This moratorium shall not include acceptance and processing of applications for building permit for accessory buildings or structures or for routine maintenance of principal structures. Nothing contained in this Ordinance is to be construed to limit or preclude the City Council from termination, repeal, amendment, or modification of this Ordinance prior to February 10, 2006. Section 2. Vested Rights. Nothing in this Ordinance shall be construed as affecting any lawfully vested rights to complete construction where construction was commenced or authorized pursuant to a building permit duly issued prior to the effective date of this Ordinance. Section 3. Continued Processing. Nothing in this Ordinance shall be construed to limit or prohibit the City's continued processing of applications for building permits or land use approvals that were submitted to the City on or before the effective date of this Ordinance. Section 4. 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 legislatlve object sought to be attained. Section 5. Emergency Declared: Effective Date. Pursuant to charter Section 5.13, the Council hereby declares that an emergency exists requiring the immediate effectiveness of this ordinance, in that owners of properties may accelerate plans for development in reaction to, and prior to completIOn of, the Northwest Subarea Plan as depicted by Exhibit 1 and completion of the consideration of the Northwest Subarea Plan prior to such additional development is necessary to promote coordinated, innovative, high-quality transit-oriented planning in this area. This ordinance shall be effective upon passage at a single reading, as permitted by charter Section 5.13 Section 5. Severability. If any clause, sentence, paragraph, or part of this zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by 2 a court of competent jurisdiction invalid, such judgment shall not affect applIcation to other persons or circumstances. Section 6. Supersession Clause. If any provision, reqUIrements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordmance, the provisions, requirements and standards here shall supersede and prevail. INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a vote of to on this day of ,2005, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge. SIGNED by the Mayor on this day of ,2005. GRETCHEN CERVENY, MAYOR ATTEST: PAMELA Y ANDERSON, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 ST publication: nd l'im . 2 pl1 -- ~11-11"'. -- Wheat Ridge Transcript Effective Date' ',\ ( Ilf I (j S- II Il \ J 3 \~ \ D. N.l.5. Exhibit '\ 1'1 --,- ----~-------- ------ , rarce\ 60undarv I City umits ~ Moratorium p..rea --------'" -- - ------- - - ------ -- -------- ~ --~ g @, <!. ~ ITEM NO: '3, REQUEST FOR CITY COUNCIL ACTION I~ COUNCIL MEETING DATE. November 14, 2005 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $110,000 FOR CITY HALL IMPROVEMENTS AND TO APPROVE THE AWARD OF ITB-05- 30 HV AC RETROFIT PHASE II D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1ST READING (Date' _) D ORDINANCES FOR 2ND READING Quasi-Judicial: D ~ Yes No ~LJ Director of Public Works ~~~~ City Mana EXECUTIVE SUMMARY: The CIty Hall heatmg and ventilation system IS bemg upgraded in three phases. The controls were replaced in 2004 and the chilled water system is scheduled for replacement in the 2005 budget. The project plans mclude replacement of a portion of the roof and, as add alternates, Improvements to the electrical and independent cooling systems in the Police Department identified in a 2003 systems evaluation. On November 01, 2005 four (4) bids were received. All of the bids met the bid requirements. The apparent low bidder was J C Brooks & Co., Inc., Arvada, CO m the total amount of $544,746, which includes all of the add alternates for addItional work in the PolIce Department. $550,000 IS aVailable m the 2005 budget for the HV AC replacement, roof replacement and Police Department electrical up-grades. A supplemental appropriatlOn of$110,000 is required to fund the proJect, pay for the deSIgn of the Improvements and provide a 10% contingency. Staff recommends award to J C Brooks & Co., based on expenence and pricing. COMMISSION/BOARD RECOMMENDATION: N/A Page 1 STATEMENT OF THE ISSUES: The 2005 CapItal Investment Program includes phase II of the City Hall HV AC improvements, replacement of a portion of the CIty Hall roof and phase I of the Pohce Department electrical improvements. To benefit from the economy of scale, the HV AC project was expanded to include the roofing work and the Pohce Department electrical improvements. The phase II Police Department improvements were also mcluded as add alternatives to the base bid. Four contractors provided bids for the project and the low bidder, J C Brooks has met all bid requirements. The investlgation of Brooks' references has been favorable ALTERNATIVES CONSIDERED: Not build the proposed improvements. FINANCIAL IMPACT: The 2005 Budget mcludes $400,000 for the City Hall HV AC up-grade, $60,000 for the City Hall roof replacement and $90,000 for upgradmg electrical systems in the Police Communications Bureau, for a total of $550,000. $150,000 IS budgeted for the phase II Police Communications Bureau improvements m 2006. The base project bid from Brooks is $497,877 and the total bid for the four alternates is $46,869, for a total bId of $544,746 Construction of the alternates will complete the improvements m the Police Department and the $150,000 in the 2006 budget will not be utilized. A supplemental appropnatIOn of $110,000 is reqUIred to fund the project WIth all alternates, fund the - architects' deSIgn and construction assistance and provide a standard 10% project contingency. '~RECOMMENDED MOTION: I "I move to approve Resolution 53-2005, amending the fiscal year 2005 Capital Investment Program (CIP) budget to reflect the approval of a supplemental budget appropriation in the amount of$11 0,000 for City Hall improvements from the CIP Fund undesignated reserves into account 30-610-800-811 I also move to award ITB-05-30, HV AC Retrofit Phase II, to J. C Brooks & Company of Arvada, Colorado m the total amount of $544,746.00. I further move that a contingency amount of $54,475.00 be approved. I further move that all costs associated with thIS contract be paid from account number 30-610-800- 811, and that these funds be encumbered for the length of the proJect in accordance with Ordinance #787, 1989 Series." /~.),,')c . - y. \ S'\1] i '7- ( (_ '1 , J' : "" , 0' ( J ',,;:,..rc...P v _I A/o ) Page 2 Resolution 53-2005 City Council Meeting 11/14/2005 "I move to deny approval of Resolution 53-2005, amending the fiscal year 2005 Capital Investment Program (CIP) budget to reflect the approval of a supplemental budget appropnation in the amount of $110,000 for City Hall improvements for the following reason(s) " Report Prepared by: ReVIewed by' Tim Paranto, DIrector of Public Works Patrick Goff, Deputy City Manager Linda Trimble, Purchasing Agent Attachments: 1 Bid Tabulation Sheet 2. Resolution 53-2005 Page 3 Resolution 53-2005 City Council Meeting 11/14/2005 ~. ....,"-"''* ".-- '-~ , - . ~ a;',~ ~\ ro .c o ~ => n. n. ~ af a> u. :a~~ 0 E <O.!!! 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" "- ATTACHMENT 1 RESOLUTION NO. 53 Series of 2005 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2005 CAP IT AL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $110,000 FOR CITY HALL IMPROVEMENTS AND TO APPROVE THE AWARD OF ITB-05-30 HV AC RETROFIT PHASE II WHEREAS, the City Hall HV AC system, roof and electrical system are in need of repair; WHEREAS, funds must be designated before a contract for improvement can be initIated; WHEREAS, the CIP Fund has sufficient funds m undesignated reserves to pay for the repaIr ofthe CIty Hall HV AC system; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2005 CIP Budget be amended accordingly, specifically transferring $110,000 from CIP Fund undesignated reserves into account #30-610-800-811 DONE AND RESOLVED THIS _ day of November, 2005. 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