HomeMy WebLinkAboutCouncil Agenda Packet 04-23-18
AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
April 23, 2018 7:00 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS APPROVAL OF City Council Minutes of March 26, 2018 and Study Notes of April 2, 2018
PROCLAMATIONS AND CEREMONIES Sexual Assault Awareness Month, Colorado Denim Day CITIZENS’ RIGHT TO SPEAK
a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the PUBLIC COMMENT ROSTER. b. Citizens who wish to speak on an Agenda Item, please sign the GENERAL AGENDA
ROSTER.
c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC HEARING ROSTER before the item is called to be heard.
d. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY
SESSION AGENDA ROSTER. APPROVAL OF AGENDA
1. CONSENT AGENDA a. Resolution 23-2018 – amending the Fiscal year 2017 Capital Improvement Program (CIP) Budget to reflect the approval of a decreased appropriation in the amount of
$1,647,566
CITY COUNCIL AGENDA: April 23, 2018 Page -2-
CONSENT AGENDA cont. b. Resolution 24-2018 – amending the Fiscal Year 2017 Open Space Budget to reflect the approval of a decreased appropriation in the amount of $618,413
c. Motion to award a contract to Independent Roofing Specialists, Commerce City, CO
in the amount of $251,706 for City Hall Roof-HVAC repairs and replacement, and to approve a contingency amount of $50,341 for total payment not to exceed $302,047 d. Resolution 26-2018 – amending the Fiscal Year 2017 Budget to reflect the approval of increased available beginning fund balances in certain funds
PUBLIC HEARING AND ORDINANCES ON SECOND READING 2. Council Bill 08-2018 – amending Article VII (Sign Code) of Chapter 26 of the Wheat Ridge Code of Laws(Case No. ZOA-18-01)
3. Council Bill 09-2018 – approving a Zone change from Agricultural-One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 5372 and 5392 Quail Street (Case No. WZ-17-11/Clark)
4. Resolution 25-2018 – Establishing a street width for 29th Avenue from Kendall Street to
Fenton Street, for Fenton Street from 29th Avenue to 30th Avenue, and for 30th Avenue from Harlan Street to Fenton Street ORDINANCES ON FIRST READING
5. Council Bill 11-2018 – approving the Rezoning of property located at 4650 Wadsworth from Residential-Two (R-2) to Mixed Use-Neighborhood (NU-N) (Case No. WZ-18-06/Bielich)
6. Council Bill 10-2018 – approving the Rezoning pf property at 11221 W. 44th Avenue
from Commercial-One (C-1) and Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) (Case No. WZ-18-07/Chrisp) DECISIONS, RESOLUTIONS AND MOTIONS
7. Motion to approve appointment of Representatives to the Outside Agency Program Citizen Review Committee CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS
ADJOURNMENT
ITEM NO: DATE: April 23, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 23-2018 – A RESOLUTION AMENDING THE FISCAL YEAR 2017 CAPITAL IMPROVEMENT
PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A DECREASED APPROPRIATION IN THE AMOUNT OF $1,647,566 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager ISSUE: The final budgeted expenditures in the 2017 Capital Improvement Program (CIP) Fund exceed the final available funds by $796,515. State budget law requires that final budgeted expenditures do not exceed final available funds. The budgeted expenditures exceed available funds primarily due to higher than estimated 2017 carryovers and mid-year supplemental budget appropriations. Therefore, staff is requesting that Council amend the 2017 CIP final budget to decrease appropriations by
$1,647,566 from $5,947,311 to $4,299,745. Not all budgeted expenditures were spent in 2017. This budget amendment will result in a balanced final 2017 CIP budget. PRIOR ACTION: None
FINANCIAL IMPACT: There is no financial impact to this request. This resolution simply decreases a budget appropriation but has no impact on actual revenues or expenditures.
Council Action Form – CIP Budget Amendment
April 23, 2018
Page 2 BACKGROUND: Swanhorst & Company LLC, the City’s independent auditor recommended that staff provide
Council with Exhibit A and request approval of decreased funding in various line item accounts so that expenditures do not exceed revenues. Figure 1 includes a breakdown of the 2017 adjusted budget, 2017 amended budget and the 2017
actual budget. The 2017 amended budget is the adjusted budget with a decrease in appropriations in
the amount of $1,647,566. Figure 1: 2017 Adjusted Budget* 2017 Amended Budget** 2017 Actual Budget***
Revenue $5,150,796 $3,973,642 $3,973,642
Expenditures $5,947,311 $2,819,870 $2,819,870
Ending Fund Balance -$796,515 $1,153,771 $1,153,773 *The adjusted budget reflects the 2017 carryovers and mid-year supplemental budget appropriations approved by City Council.
** The amended budget reflects the decreased appropriation for the following line item account, Wadsworth EA Design and Construction. *** The actual budget reflects actual revenue received and money spent for the fiscal year.
RECOMMENDATIONS: Staff recommends approval of the amendment. RECOMMENDED MOTION: “I move to approve Resolution No. 23-2018 – a resolution amending the Fiscal Year 2017 Capital
Improvement Program (CIP) Budget to reflect the approval of a decreased appropriation in the amount of $1,647,566.” Or,
“I move to postpone indefinitely Resolution No. 23-2018, a resolution amending the Fiscal Year 2017 Capital Improvement Program (CIP) Budget to reflect the approval of a decreased appropriation for in the amount of $1,647,566 for the following reason(s) _______________________________.”
REPORT PREPARED AND REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 23-2018 a. Exhibit A: 2017 CIP Year End Budget Amendment
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 23 Series of 2018 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2017 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO REFLECT THE
APPROVAL OF A DECREASED APPROPRIATION IN THE AMOUNT OF $1,647,566 WHEREAS, City Council approved the 2017 CIP Budget authorizing expenditures in the total amount of $5,128,000; and
WHEREAS, the 2017 adjusted budget includes expenditures in the total amount of $5,947,311 and revenue in the total amount of $5,150,796; and WHEREAS, budgeted expenditures cannot exceed budgeted revenues; and
WHEREAS, approval of Resolution No. 23-2018 amends the 2017 CIP budget and decreases the funding appropriated for the following: Wadsworth EA Design and Construction as shown in Exhibit A.
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 2017 Budget be amended accordingly to recognize decreased funding in in the following Wadsworth EA Design and
Construction line item account #30-303-800-865 to $531,146
DONE AND RESOLVED this 23rd day of April 2018.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
ATTACHMENT 1
Exhibit A: 2017 CIP Year End Budget Amendment
REVENUES
2017 2017 2017
ADJUSTED BUDGET AMENDMENT ACTUAL
30-580-00-589 Beginning Fund Balance $1,033,971 $1,148,554 $1,148,554
30-500-00-508 Lodger's Tax $290,000 $290,000 $321,613
30-520-11-539 Grant - RTD Gold Line Station $0 $0 $0
30-520-03-539 Grant-CDOT-Wadsworth $0 $0 $0
30-520-09-539 Grant - Wadsworth PEL $0 $0 $0
30-520-12-539 Grant - Wadsworth Widening (FED)$1,760,000 $1,760,000 $230,912
30-520-10-539 CDOT Grant-Bus Benches $0 $0 $0
30-520-08-539 Grant - Kipling Trail $0 $0 $0
30-550-00-551 Public Improvement Fee $0 $0 $58,860
30-580-00-581 Interest $20,000 $20,000 $9,311
30-580-00-588 Misc. Revenue $46,825 $46,825 $204,392
30-590-00-591 Transfer from General Fund $2,000,000 $2,000,000 $2,000,000
TOTAL REVENUE $4,116,825 $4,116,825 $2,825,088
TOTAL AVAILABLE FUNDS $5,150,796 $5,265,379 $3,973,642
EXPENDITURES
2017 2017 2017
ADJUSTED BUDGET AMENDMENT ACTUAL
DPW DRAINAGE
30-302-800-831 Maple Grove Reservoir $10,000 $10,000 $0
30-302-800-833 Misc. Drainage Improvements Projects $209,817 $209,817 $19,776
30-302-800-836 Sloans Lake MDP & FHAD Update $0 $0 $030-302-800-837 Clear Creek Master Plan Update $50,000 $50,000 $0
30-302-800-838 Clear Creek CLOMR and LOMR $0 $0 $0
TOTAL DRAINAGE $269,817 $269,817 $19,776
DPW STREETS
30-303-800-840 Minor Street Improvements Projects $262,115 $262,115 $20,719
30-303-800-841 32nd & Youngfield improvements $263,180 $263,180 $150,048
30-303-800-842 Kipling pedestrian improvements $0 $0 $0
30-303-800-851 Public Improvement Projects, Dev. Related $405,885 $405,885 $53,562
30-303-800-852 Bike/Pedestrian Improvements $0 $0 $0
30-303-800-853 Bike/Pedestrian Master Plan $32,702 $32,702 $23,070
30-303-800-860 Gold Line station street project $0 $0 $0
30-303-800-861 ADA Transition Plan $78,149 $78,149 $70,389
30-303-800-864 Street Lights, Installation of Approved Lights $10,000 $10,000 $0
30-303-800-865 Wadsworth EA Design and Construction $2,178,712 $531,146 $531,146
30-303-800-884 Preventative Maintenance Projects $2,105,162 $2,105,162 $1,834,302
TOTAL STREETS $5,335,905 $3,688,339 $2,683,236
DPW TRAFFIC
30-304-800-844 Neighborhood Traffic Management Projects $75,289 $75,289 $65,814
TOTAL TRAFFIC $75,289 $75,289 $65,814
DPW FACILITIES
30-305-800-811 New Shop Funding $25,000 $25,000 $0
TOTAL DPW FACILITIES $25,000 $25,000
PARKS & RECREATION CAPITAL PROJECTS
30-603-800-864 Parking Lots and Drives Improvements $25,000 $25,000 $0
TOTAL PARKS & RECREATION $25,000 $25,000
ECONOMIC DEVELOPMENT
30-610-700-724 Gateway Signage Program $76,300 $76,300 $26,300
TOTAL ECONOMIC DEVELOPMENT $76,300 $76,300 $26,300
MUNICIPAL CAPITAL PROJECTS
30-610-800-801 Land Acquisition $0 $0 $0
30-610-800-811 City Hall Improvements/Maintenance $63,000 $63,000 $0
30-610-800-814 Emergency Warning System $0 $0 $0
30-610-800-872 Aerial Photography/GIS Updates $27,000 $27,000 $14,945
30-610-800-873 PD Evidence Climate Control $50,000 $50,000 $9,800
TOTAL MUNICIPAL $140,000 $140,000 $24,745
UTILITY UNDERGROUNDING EXPENDITURES
30-306-800-802 Easements and ROW $0 $0 $0
TOTAL UNDERGROUNDING $0 $0 $0
Transfers
30-902-890-891 General Fund $0 $0 $0
TOTAL TRANSFERS $0 $0 $0
TOTAL EXPENDITURES $5,947,311 $4,299,745 $2,819,870
ENDING FUND BALANCE -$796,515 $965,634 $1,153,773
ITEM NO: DATE: April 23, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 24-2018 – A RESOLUTION AMENDING THE FISCAL YEAR 2017 OPEN SPACE BUDGET TO
REFLECT THE APPROVAL OF A DECREASED APPROPRIATION IN THE AMOUNT OF $618,413 PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager ISSUE: The final budgeted expenditures in the 2017 Open Space Fund exceed the final available funds by
$529,970. State budget law requires that final budgeted expenditures do not exceed final available funds. The budgeted expenditures exceed budgeted revenues primarily due to higher than estimated 2017 carryovers and mid-year supplemental budget appropriations. Therefore, staff is requesting that Council amend the 2017 Open Space final budget to decrease appropriations by $618,413 from
$3,564,636 to $2,946,223. This budget amendment will result in a balanced final 2017 Open Space
budget. PRIOR ACTION: None
FINANCIAL IMPACT: There is no financial impact to this request. This resolution simply decreases a budget appropriation but has no impact on actual revenues or expenditures.
BACKGROUND: Swanhorst & Company LLC, the City’s independent auditor recommended that staff provide Council with Exhibit A and request approval of the decreased funding in the Prospect Park Renovation line item so that expenditures do not exceed available funds. Figure 1 includes a breakdown of the 2017 adjusted budget, 2017 amended budget and the 2017 actual budget. The
Council Action Form – Open Space Budget Amendment
April 23, 2018
Page 2 2017 amended budget is the adjusted budget with the decrease in appropriations in the amount of
$618,413.
Figure 1: 2017 Adjusted Budget* 2017 Amended Budget** 2017 Actual Budget***
Revenue $3,034,666 $3,570,383 $3,241,182 Expenditures $3,564,636 $2,946,223 $2,457,283
Ending Fund Balance -$529,970 $624,160 $783,899 *The adjusted budget reflects the 2017 carryovers and mid-year supplemental budget appropriations approved by City Council.
** The amended budget reflects the decreased appropriation in the Prospect Park Renovation line item account. *** The actual budget reflects actual revenue received and money spent for the fiscal year. RECOMMENDATIONS:
Staff recommends approval. RECOMMENDED MOTION: “I move to approve Resolution No. 24-2018, a resolution amending the Fiscal Year 2017 Open
Space Budget to reflect the approval of a decreased appropriation in the amount of $618,413.”
Or, “I move to postpone indefinitely Resolution No. 24-2018, a resolution amending the Fiscal Year
2017 Open Space Budget to reflect the approval of a decreased appropriation in the amount of $618,413 for the following reason(s) _______________________________.” REPORT PREPARED AND REVIEWED BY: Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 24-2018 a. Exhibit A: 2017 Open Space Year End Budget Amendment
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 24 Series of 2018
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2017 OPEN SPACE BUDGET TO REFLECT THE APPROVAL OF A DECREASED APPROPRIATION IN THE AMOUNT OF $618,413 WHEREAS, City Council approved the 2017 Open Space Budget authorizing
expenditures in the total amount of $2,911,050; and
WHEREAS, the 2017 adjusted budget includes expenditures in the total amount of $3,564,636 and revenue in the amount of $3,034,666; and
WHEREAS, budgeted expenditures cannot exceed budgeted revenues; and WHEREAS, approval of Resolution No. 24-2018 amends the 2017 Open Space budget and decreases the funding appropriated for Prospect Park Renovation as shown in Exhibit A.
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 2017 Open Space Budget be amended
accordingly to recognize decreased funding in the Prospect Park Renovation
line item account #32-601-800-873 to $1,487,154 DONE AND RESOLVED this 23rd day of April 2018.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
Attachment 1
Exhibit A: 2017 Open Space Year End Budget Amendment
2017 2017 2017
FUND 32 ADJUSTED BUDGET AMENDMENT ACTUAL
32-580-00-589 BEGINNING FUND BALANCE $1,246,666 $1,782,383 $1,782,383
REVENUES
32-520-00-539 State of Colorado Grant
State Historic Fund
$0 $0 $0
GOCO Grant
State Trail Grant - Clear Creek Trail $50,000 $50,000 $0
Local Government Grant Propspect Park $350,000 $350,000 $0
32-520-00-540 Jefferson County Open Space Tax $1,000,000 $1,000,000 $1,236,260
32-550-00-555 Developer Fees $180,000 $180,000 $9,989
32-520-00-564 Jefferson County Local Government Grant
Prospect Park Renovation $200,000 $200,000 $206,098
Clear Creek Trail $0 $0 $0
32-580-00-581 Interest Earnings $8,000 $8,000 $6,452
32-580-00-588 Miscellaneous Fees $0 $0 $0
32-590-00-591 Transfers from General Fund $0 $0 $0TOTAL REVENUES $1,788,000 $1,788,000 $1,458,799
TOTAL AVAILABLE FUNDS $3,034,666 $3,570,383 $3,241,182
EXPENDITURES
Acquisitions
32-601-800-809 Park Acquisition $0 $0 $0 Subtotal $0 $0 $0
Development Projects
32-601-800-865 PW/Parks Operations Facility $348,701 $348,701 $160,832
32-601-800-869 Jeffco OS River Corridor Project Match $0 $0 $0
32-601-800-859 Anderson Park Master Plan/Park Renovation $0 $0 $0
32-601-800-873 Prospect Park Renovation $2,105,567 $1,487,154 $1,487,154
32-601-800-878 Open Space Management Plan Update $50,000 $50,000 $0
32-601-800-875 Master Plan Updates $0 $0 $0
Subtotal $2,504,268 $1,885,855 $1,647,986
Maintenance Projects32-601-800-870 Open Space Improvements $78,609 $78,609 $62,745
32-601-800-871 Park Maintenance Projects $120,350 $120,350 $116,278
32-601-800-872 Trail Replacement/Repair $350,359 $350,359 $144,565
32-601-800-872 Outdoor Pool Maintenance $0 $0 $0
Subtotal $549,318 $549,318 $323,588
Park Maintenance Staff
32-601-600-602 Salaries $401,980 $401,980 $385,983
32-601-600-610 Overtime $3,000 $3,000 $34
32-601-600-614 Standby Pay $2,000 $2,000 $322
32-601-600-620 FICA $24,919 $24,919 $22,927
32-601-600-622 Medical/Dental $57,243 $57,243 $55,891
32-601-600-625 Medicare $5,829 $5,829 $5,362
32-601-600-630 ICMA Retirement $16,079 $16,079 $15,190
Subtotal $511,050 $511,050 $485,709
Transfers32-601-890-891 General Fund $0 $0 $0
32-601-890-892 Recreation Center $0 $0 $0
Subtotal $0 $0 $0
TOTAL EXPENDITURES $3,564,636 $2,946,223 $2,457,283
ENDING FUND BALANCE -$529,970 $624,160 $783,899
ITEM NO: DATE: April 23, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT TO INDEPENDENT
ROOFING SPECIALISTS, COMMERCE CITY, CO IN THE
AMOUNT OF $251,706 FOR CITY HALL ROOF-HVAC REPAIRS AND REPLACEMENT, AND TO APPROVE A CONTINGENCY AMOUNT OF $50,341, FOR TOTAL PAYMENT NOT TO EXCEED $302,047
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Director City Manager ISSUE: During the hailstorm of May 2017, various sections of the City Hall roof and HVAC
systems sustained damage. CIRSA, with the assistance of a contract vendor, inspected the property and submitted a damage assessment to the City for the insurance claim. PRIOR ACTION: No prior action has been taken by City Council on this item.
FINANCIAL IMPACT: The City has received payment of $267,500 from CIRSA for the repairs from hail damage at City Hall included in this project. These funds, and contingency funds, are
available in account 01-610-700-783.
BACKGROUND: The contract will include materials, labor, equipment and supplies to replace existing standing seam metal and EPDM (Ethylene-Propylene-Diane-Monomer) roofing, which is a synthetic
Council Action Form – City Hall Roof/HVAC Replacement Project
April 23, 2018
Page 2 rubber roofing membrane, as well as all mechanical repairs needed including those to the HVAC
units located on the Wheat Ridge City Hall roof.
Staff conducted a formal procurement process for this work and met with sixteen companies at a mandatory pre-bid meeting on Thursday, February 22, 2018. Two bids were received on Thursday, March 22, however one bid was disqualified as being non-responsive for missing
required forms.
RECOMMENDATIONS: Staff recommends approval of the award for City Hall Roof-HVAC Repairs and Replacement to Independent Roofing Specialists, LLC.
RECOMMENDED MOTION: “I move to award a contract to Independent Roofing Specialists, LLC in the amount of $251,706 for City Hall Roof-HVAC Repairs and Replacement, and to approve a contingency amount of $50,341 and all subsequent payments, for a total payment not to exceed $302,047.”
Or, “I move to deny award of a contract to Independent Roofing Specialists, LLC in the amount of $251,706 for City Hall Roof-HVAC Repairs and Replacement, and contingency in the amount of
$50,341, for a total payment not to exceed $302,047, for the following reason(s)
_________________________.” REPORT PREPARED/REVIEWED BY: Julie Brisson, Recreation and Facilities Manager
Joyce Manwaring, Parks and Recreation
Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tabulation Sheet
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ITEM NO: DATE: April 23, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 26-2018 – A RESOLUTION AMENDING THE FISCAL YEAR 2017 BUDGET TO REFLECT THE
APPROVAL OF INCREASED AVAILABLE BEGINNING FUND BALANCES IN CERTAIN FUNDS PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager ISSUE: When the 2017 budget was adopted on October 9, 2016, the beginning fund balances for each fund
were only projections based on estimated 2016 year-end revenues and expenditures. In several funds, actual 2016 year-end revenues were higher and/or expenditures were lower than estimated; therefore, beginning fund balances in 2017 are higher than budgeted. Financial policies require that these additional revenues are approved by City Council through a resolution. As staff prepares to
close the 2017 fiscal year in preparation for the annual audit, the attached resolution allows for the
adjustment of beginning fund balances, as a result of increased revenue in the following seven funds: 1) Police Investigation Fund, 2) Capital Improvement Program (CIP), 3) Open Space Fund, 4) Municipal Court Fund, 5) Conservation Trust Fund, 6) Crime Prevention/Code Enforcement Fund, and 7) Recreation Center Fund.
PRIOR ACTION: None FINANCIAL IMPACT: The 2017 Budget will be amended to recognize the increased available beginning fund balance in
the funds itemized below:
Council Action Form - 2017 Fund Balances
April 23, 2018
Page 2 Police Investigation Fund $ 24,513.06
Capital Investment Program (CIP) $ 114,583.00
Open Space Fund $ 535,716.85 Municipal Court Fund $ 5,456.25 Conservation Trust Fund $ 84,271.54 Crime Prevention/Code Enforcement Fund $ 26,329.00
Recreation Center Fund $ 49,237.64
Total: $ 840,107.34 BACKGROUND: Swanhorst & Company LLC, the City’s independent auditor recommended that staff provide
Council with Exhibit A and request approval of the increased available beginning fund balances for
the various funds listed. RECOMMENDATIONS: Staff recommends approval. This change does not impact 2017 expenditures or the 2017 budget
approved by Council.
RECOMMENDED MOTION: “I move to approve Resolution No. 26-2018 – a resolution amending the Fiscal Year 2017 Budget to reflect the approval of increased available beginning fund balances in certain funds.”
Or, “I move to postpone indefinitely Resolution No. 26-2018, a resolution amending the Fiscal Year 2017 Budget to reflect the approval of increased available beginning fund balances in certain funds
for the following reason(s) _______________________________.”
REPORT PREPARED AND REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 26-2018 a. Exhibit A: 2017 Year End Available Fund Balance Schedule for Certain Funds
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 26 Series of 2018
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2017 BUDGET TO REFLECT THE APPROVAL OF INCREASED AVAILABLE BEGINNING FUND BALANCES IN CERTAIN FUNDS WHEREAS, City Council adopted the 2017 budget on October 9, 2016; and
WHEREAS, beginning fund balances for each fund were only projections based on estimated 2016 year-end revenues and expenditures; and WHEREAS, in several funds, actual 2016 year-end revenues were higher
and/or expenditures were lower than estimated; therefore, beginning fund balances
in 2017 are higher than budgeted; and WHEREAS, financial policies require that these additional revenues are approved by City Council through a resolution.
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 2017 Budget be amended accordingly to
recognize the increased available fund balance as detailed in Exhibit A and as
follows: Police Investigation Fund $ 24,513.06 Capital Investment Program (CIP) $ 114,583.00
Open Space Fund $ 535,716.85
Municipal Court Fund $ 5,456.25 Conservation Trust Fund $ 84,271.54 Crime Prevention/Code Enforcement Fund $ 26,329.00 Recreation Center Fund $ 49,237.64
Total: $ 840,107.34
DONE AND RESOLVED this 23rd day of April 2018.
Bud Starker, Mayor
ATTEST: Janelle Shaver, City Clerk
Exhibit A: 2017 Year End Available Fund Balance Schedule for Certain Funds
Original Adopted Budget on 10/9/16
Final Budget as amended through 12/31/17
Actual Actual expenditures and revenues as of 12/31/17
Original Final Actual
Beginning Fund Balance $44,456.00 $44,456.00 $68,969.06
Total Revenues $150.00 $150.00 $14.30
Total Available Funds $44,606.00 $44,606.00 $68,983.36
Expenditures $25,000.00 $25,000.00 $24,800.00
Ending Fund Balance $19,606.00 $19,606.00 $44,183.36
Original Final Actual
Beginning Fund Balance $1,033,971.00 $1,033,971.00 $1,148,554.00
Total Revenues $4,116,825.00 $4,116,825.00 $2,825,088.00
Total Available Funds $5,150,796.00 $5,150,796.00 $3,973,642.00
Expenditures $5,128,000.00 $5,947,311.00 $2,819,869.69
Ending Fund Balance $22,796.00 -$796,515.00 $1,153,772.31
Original Final Actual
Beginning Fund Balance $1,246,666.00 $1,246,666.00 $1,782,382.85
Total Revenues $1,788,000.00 $1,788,000.00 $1,458,798.69
Total Available Funds $3,034,666.00 $3,034,666.00 $3,241,181.54
Expenditures $2,911,050.00 $3,564,635.00 $2,457,284.13
Ending Fund Balance $123,616.00 -$529,969.00 $783,897.41
Original Final Actual
Beginning Fund Balance $84,281.00 $84,281.00 $89,737.25
Total Revenues $28,050.00 $28,050.00 $18,890.50
Total Available Funds $112,331.00 $112,331.00 $108,627.75
Expenditures $35,000.00 $35,000.00 $12,012.00
Ending Fund Balance $77,331.00 $77,331.00 $96,615.75
Original Final Actual
Beginning Fund Balance $360,291.00 $360,291.00 $444,562.54
Total Revenues $300,500.00 $300,500.00 $310,425.60
Total Available Funds $660,791.00 $660,791.00 $754,988.14
Expenditures $615,000.00 $640,800.00 $243,228.55
Ending Fund Balance $45,791.00 $19,991.00 $511,759.59
$84,271.54
Key:
$24,513.06
Increased Available
Beginning Fund Balance
Capital Investment Program Fund
Increased Available
Beginning Fund Balance
Increased Available
Beginning Fund Balance
$114,583.00
Municipal Court Fund
Beginning Fund Balance
$5,456.25
Police Investigation Fund
Increased Available
Beginning Fund Balance
Conservation Trust Fund
Open Space Fund
$535,716.85
Original Final Actual
Beginning Fund Balance $443,736.00 $443,736.00 $470,065.00
Total Revenues $331,000.00 $331,000.00 $509,900.00
Total Available Funds $774,736.00 $774,736.00 $979,965.00
Expenditures $504,175.00 $504,175.00 $502,280.64
Ending Fund Balance $270,561.00 $270,561.00 $477,684.36
Original Final Actual
Beginning Fund Balance $695,970.00 $695,970.00 $745,207.64
Total Revenues $2,177,023.00 $2,177,023.00 $2,117,404.77
Total Available Funds $2,872,993.00 $2,872,993.00 $2,862,612.41
Expenditures $2,408,098.00 $2,408,098.00 $2,364,921.64
Ending Fund Balance $464,895.00 $464,895.00 $497,690.77
Overall Total
$840,107.34
Recreation Center Fund
Increased Available
$49,237.64
$26,329.00
Crime Prevention/Code Enforcement Fund
Increased Available
Beginning Fund Balance
ITEM NO: DATE: April 23, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 08-2018 – AN ORDINANCE AMENDING ARTICLE VII (SIGN CODE) OF CHAPTER 26 OF THE
WHEAT RIDGE CODE OF LAWS (CASE NO. ZOA-18-01)
PUBLIC HEARING ORDINANCES FOR 1ST READING (04/09/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/23/2018) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ Community Development Director City Manager
ISSUE: In June of 2015, the United States Supreme Court decided the case of Reed v. Town of Gilbert, Arizona. This decision, which held the Town of Gilbert's sign code unconstitutional, has a significant impact on local government sign codes throughout the nation. In brief, signs cannot be
regulated by their content, so sign codes must be modified to regulate signage utilizing time, place
and manner standards. This has prompted cities nationwide, including the City of Wheat Ridge, to evaluate their signs codes and make amendments to ensure they are constitutional.
The City found it advantageous to also use this opportunity to update the Code with modern standards, correct longstanding typographical errors, clarify enforcement language, and reaffirm
former policy directions on signs.
PRIOR ACTION: Planning Commission heard the request at a public hearing on March 15, 2018 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City.
Council Action Form – Sign Code Ordinance
April 23, 2018
Page 2 BACKGROUND: In May 2017, staff briefed City Council on the Reed v Town of Gilbert decision by the Supreme
Court and how that ruling impacted the City’s sign code. Also at that meeting staff asked for direction on several other sign-related items, and Council provided input on additional items they wanted to see addressed, including blade signs, iconic (3D) signs, temporary signs, and illumination. In October 2017, staff presented Council with a sign code draft and requested further
direction on several issues. Staff presented the same code draft and Council’s input to the Planning
Commission in November 2017 for additional input. Due to the complexity of some issues, conflicting input from City Council and Planning Commission, and with a newly seated Mayor and Councilmember, staff took Planning Commission’s recommendations to City Council in December 2017 for a final round of “checks and balances” to consider some of the conflicting
input before finalizing a draft for public hearings. The enclosed ordinance represents a culmination
of the input provided throughout 2017. The proposed changes have not altered any specific development standards (height, size, setbacks, etc.) for existing sign types. However, some sign types that are content-based categories (e.g. real
estate, political, and community event signs) have been removed and reorganized into different
categories that are not content based. The proposed ordinance aligns the existing development standards with the new generalized sign categories as best as possible. In addition to the content-based “scrub” of the code, other amendments include, by way of
example:
• Definitions – added and updated definitions as necessary
• Illumination – added lighting standards, including a standard applying to changeable copy
LED signs and requiring they automatically dim after dark
• Temporary signs – this section was modernized to reflect several new types of temporary signs, to ease enforcement, a maximum of one temporary sign is proposed to be allowed and this is proposed to not be effective until one year after adoption
• Signs carried by persons – this was added to the Code and said signs would be permitted on private property and in public street rights of way, provide they don’t create a traffic safety hazard
• Iconic 3-dimensional signs – this was added to the code and they are now permitted on
commercial properties
• Billboards – no changes were made
• Yard signs – eliminated numerous content based references and on residential properties,
there is no limit proposed to the number of “small” yard signs
At the request of the billboard industry, staff met on April 17 with several representatives of billboard advertising companies, as well as their state lobbyist. They had previously voiced concerns whether the City’s proposed sign code changes to comply with Reed vs. Gilbert might
create any exposure for the City to see an increase of “billboard-like” signs on some of the City’s
commercial arterial roadways where billboards are not generally permitted. Specifically, they
Council Action Form – Sign Code Ordinance
April 23, 2018
Page 3 expressed concern that the removal of language pertaining to “off-premise” signs might create that
exposure.
It is correct that the draft ordinance removes the previous prohibition of off-premise signs at the advice of the City Attorney. By definition, to determine if a sign is “off premise” one is required to read its content, which violates the content neutrality requirement of the Reed vs. Gilbert
Supreme Court decision. Staff has also wanted to protect against the potential for these off-
premise “billboard-like” signs, and to that end has proposed language in Section 4 of the ordinance which requires that the application for a sign permit be the “property/building owner or principle lessee”, in other words, not a third party billboard company.
Staff is recommending additional language to this section to further communicate this requirement
and make additionally clear that a small parcel could not be sold or leased to a billboard company from a larger parcel. Staff recommends the following be added to Section 26-705.E: “The property/building owner, principal lessee, or authorized agent of the PLATTED OR OTHERWISE RECOGNIZED AS LEGALLY DEVELOPABLE PARCEL property/building on which the sign
will be located shall be the same person applying for the sign permit. Documentation shall
accompany the permit for verification.” It should also be noted that in Section 9 of the ordinance, Section 26-710.A.5 (Permanent Sign Standards) states the following: “With the exception of billboards permitted under section 26-712,
no permanent sign shall be erected or maintained upon a lot, tract, or parcel devoid of an
established primary use.” This language prevents a vacant commercial lot from being used solely for the purpose of signage, which could result in a “billboard-like” sign being erected on vacant property. Staff believes these approaches adequately address the substantive concerns the billboard industry has called to our attention.
RECOMMENDATIONS: Staff recommends approval of the ordinance. We are recommending the language noted above be included as a condition of approval in Council’s motion. RECOMMENDED MOTION:
“I move to approve Council Bill No. 08-2018, an ordinance amending Article VII of Chapter 26 of the Wheat Ridge Code of Laws concerning sign regulations (Case No. ZOA-18-01), on second reading and that it take effect 15 days after final publication, with the following condition:
1. Strike and insert in Section 4 of the ordinance and Section 26-705.E of the Code, “The
property/building owner, principal lessee, or authorized agent of the PLATTED OR OTHERWISE RECOGNIZED AS LEGALLY DEVELOPABLE property/building PARCEL…”
Or,
Council Action Form – Sign Code Ordinance
April 23, 2018
Page 4 “I move to postpone indefinitely Council Bill No. 08-2018, and ordinance amending Article VII of
Chapter 26 of the Wheat Ridge Code of Laws concerning sign regulations, for the following
reason(s): ____________” REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 08-2018
2. Planning Commission Staff Report 3. Planning Commission Minutes
1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DURAN
COUNCIL BILL NO. 08 ORDINANCE NO. _________ Series 2018 TITLE: AN ORDINANCE AMENDING ARTICLE VII (SIGN CODE) OF
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS
WHEREAS, the City of Wheat Ridge (“City”) is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and protection of the public health, safety and welfare; and
WHEREAS, in exercise of that authority, the City Council of the City of Wheat
Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) pertaining to zoning, land use, and development; and
WHEREAS, in June of 2015 the Supreme Court of the United States decided the case of Reed v. Town of Gilbert, Arizona; and
WHEREAS, the Supreme Court’s decision held the Town of Gilbert’s sign code
unconstitutional due to its regulation of signs by their content; and,
WHEREAS, this decision has a significant impact on all local government sign codes throughout the nation, including the City of Wheat Ridge sign code; and
WHEREAS, the City Council finds it necessary to update the Wheat Ridge Code
of Laws to ensure Article VII, Chapter 26 is constitutional in light of the Supreme Court
decision; and
WHEREAS, it is necessary and appropriate for the City to periodically update and modernize sign regulations to be consistent with current industry standards.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-701.F. (Intent and purpose.) of the Code is amended to read:
F. To encourage the erection of signs which are legible in their
surroundings AND compatible with the visual character of the surrounding, appropriate to the activities identified; and Section 2. Section 26-702 (Definitions.) of the Code is hereby repealed in its
entirety and reenacted to read as follows:
ATTACHMENT 1
2
Sec. 26-702. – Definitions.
For the purposes of this article, the following words and phrases shall have
the meanings respectively ascribed to them by this section:
Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, mechanical or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are barber shop poles.
Arcade sign. Any sign projecting beneath and attached to the underside of
any balcony, canopy, awning or other structural overhang or passageway.
Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or "branded" product.
Awning. A shelter supported entirely from the exterior wall of a building
and/or a type which can be retracted against the face of the supporting building.
Balloon or inflatable sign. Any sign consisting of material intended to be filled with air or helium, or have air blown through in order to create a visual
attraction; this is inclusive of air dancers, inflatable caricatures, all types and
sizes of balloons, and similar devices.
Banner. A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time.
Barber shop poles. A sign with a striped interior which may or may not
rotate, which is traditionally utilized to signify the presence of an establishment within which the practice of barbering is engaged or carried out.
Billboard. Any sign in excess of fifty (50) square feet in size oriented to the
interstate highway utilized to advertise a product or service that is not
produced or conducted on the same property as the sign.
Blade sign. A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) inches.
Building front. The exterior wall(s) of a building facing a public street or
streets or other public right-of-way other than alleys, or one (1) exterior wall
containing the primary entrance to the building if not directly facing upon a public street.
Canopy sign. A sign mounted to a roof-like structure serving the purpose of protecting vehicles and/or pedestrians and which may be freestanding or
attached to a building, is provided with supports, and is open on three (3)
sides if attached and on all sides if freestanding.
Changeable copy sign. A sign, either illuminated or non-illuminated, which is designed so that the message or any part of the message may be
3
periodically changed, either mechanically or electronically, however, where a change in message occurs no sooner than every eight (8) seconds. This
includes signs that utilize computer-generated messages or some other
electronic means of changing copy, including displays using incandescent lamps, LEDs, LCDs or a flipper matrix. Messages shall be static and a change in message shall be instantaneous.
Development. A single lot, parcel or tract of land or portions or combinations
of lots, parcels or tracts of land which are held in single or common
ownership and which exist as a distinct functional entity. Multi-use and multi-tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development" for the
purpose of signage.
Directional sign. A freestanding or wall-type sign, not located within public street right-of-way, providing necessary directional information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. Directional signs shall be clearly
incidental to the primary signage on a property, in both height and sign area.
Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign-supporting structure.
Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities including a moving light or lights. Flashing
signs are prohibited.
Flag. Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.
Freestanding sign. A sign that is permanent and self-supporting, being nondependent on support from a building or other structure, including signs
placed upon fences or non-supporting walls. This includes pole-mounted or
monument signs.
Illuminated sign. A sign that is illuminated with constant intensities of light of a non-varying nature. There are three (3) types of illuminated lights as follows:
(a) Direct. Lighting by means of an unshielded light source which is
effectively visible as a part of the sign. Neon lighting is considered direct lighting.
(b) Indirect. Lighting which illuminates the front of a sign or the entire building facade upon which the sign is displayed, the source of the
light being shielded from public view and from surrounding
properties. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, such as parking lot lighting.
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(c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque
letters or designs, or lighting within or behind letters or designs
which are themselves made of translucent or opaque material.
Lot. A tract, building site, parcel or portion of land separated from other parcels or portions by description, as on a subdivision plat of record or survey map or by metes and bounds, for the purpose of sale, lease or use.
Major interior drive. A drive aisle located on private property which connects
two (2) public streets or provides access to two (2) or more parcels of land or developments. Where the regulations allow "one sign per major interior drive," the intent is that the sign allowed is placed upon or facing the major interior drive, unless specifically otherwise permitted.
Nonconforming sign. A sign which does not conform with the regulations
set forth in this article, but which did meet the requirements of the regulations existing at the date of its erection.
Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or structure.
Pennant, streamer, and other similar devices. A sign made of flexible
materials intended to create a visual attraction through movement. This is inclusive of flutter flags.
Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design, such as A-frame
or pedestal style signs.
Public sign. A sign that is required by federal, state or local law or ordinance, or is deemed necessary for public information.
Revolving sign. A sign utilizing an axis point to pivot the sign surface.
Roof sign. A sign erected, constructed and maintained above the eaves and
attached to the roof of a building.
Sign. Any object or device or part thereof situated outdoors or indoors, viewed from outdoors by the general public, and which object or device or the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means
including, but not limited to, words, letters, figures, designs, fixtures, colors,
motion, illumination, sound or projecting images.
Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of
the city or this sign code.
Sign setback. The total distance between the property line and the leading edge of the sign face.
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Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message.
Signs carried by persons. Any sign, which is carried or worn by any person,
typically in or along the right-of-way for the purpose of attracting and directing traffic to a particular place of business.
Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular
access to the property, or if not used for vehicular access, only if such street
frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted.
Sign oriented to a drive-through lane. A freestanding or wall-mounted sign,
oriented predominantly towards a drive-through or drive-up lane, which is
clearly incidental to the primary signage on a property, in both height and sign area.
Size of sign. When two (2) identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and are
part of the same sign structure, the sign area shall be computed as the
measurement of one (1) of the two (2) faces. For a sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. For a sign comprised of
individual letters, figures or elements on a wall of a building or surface of a
structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.) or a combination of regular geometric shapes, which form or approximate the perimeter of all elements in the display, the frame and any applied
background that is not part of the architecture of the building or structure.
When separate elements are organized to form a single sign but are separated by open space, the sign are and dimensions shall be calculated by determining the geometric form, or the combination of forms, which comprises all of the display areas, including the space between different
elements.
Temporary sign. Any sign, banner, pennant, balloon, inflatable, portable sign, yard sign or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited
period of time.
Three-dimensional (3D) signs. Any sign, which by virtue of its shape, design, and location of copy provides advertisement in a three dimensional manner and is distinctly different from an artistic sculpture, wall sign, or blade sign.
6
Traffic and regulatory signs. Signs, signals or markings placed or erected by federal, state or local authority for the purpose of regulating, warning or
guiding traffic.
Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article.
Unsafe sign. Any sign or advertising structure found unsafe or insecure or
creating a hazard or menace to the public safety, health and welfare.
Wall sign. A sign constructed of durable materials or painted and which is permanently affixed to an exterior surface of any building, wall or structure and which does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or
awnings shall be considered as wall signs.
Window or door sign. Any sign or decal affixed to, painted on, applied to, or hanging within twelve (12) inches of the interior of a window and that can be seen through the window from the exterior of the structure, but excludes merchandise included in a window display.
Yard sign. Temporary, ground-mounted, portable sign constructed of paper,
vinyl, plastic, wood, metal or other comparable material, and designed or intended to be displayed for a limited period of time.
Section 3. Section 26-703 (Enforcement and penalties.) of the Code is hereby
repealed in its entirety and reenacted to read as follows:
Sec. 26-703. – Enforcement and penalties.
Enforcement and penalties shall be in accordance with those provisions set forth in article X. In addition to any remedies set forth in section 26-1004 et seq., specific
authority is granted to the enforcement officer to remove, or have removed, the
following signs:
A. Unsafe signs and temporary signs found by an enforcement officer to be located within city right-of-way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice.
B. Signs which are prohibited pursuant to this article may be removed after
posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located. C. In the discretion of the enforcement officer a sign which is otherwise not in compliance with this article may be removed upon sixty (60) days prior
notice.
7
Section 4. Section 26-705 (Permit required.) of the Code is hereby amended as follows:
A. No sign or modification to an existing sign shall be erected, placed or displayed outdoors within the city limits until a permit for such sign has been issued by the city, unless such sign is exempt from a permit in accordance with this sign code.
B. An application, accompanied by a "to scale" drawing, for each separate sign
permit shall be made to the department of community development on a form supplied by the department. Such applications shall set forth the name and address of the applicant; the location where such sign is to be erected or located; the name, phone number and address of the owner of the
property; the size, height, type and general description of such proposed
sign, including the materials of which it is constructed, the sign contractor's name, phone number and address and such other pertinent information required or deemed necessary by the department to determine the sign's safety and conformance to this article. A "to scale" plot plan of the lot or
parcel shall accompany the application and shall show the location of the
proposed sign and the location, type and size of other signs which exist upon the lot. The mere application for a sign permit does not assure that a permit will be issued; therefore, it is advised that signs not be fabricated, constructed or purchased prior to issuance of a sign permit. THE
COMMUNITY DEVELOPMENT DIRECTOR MAY REQUIRE ADDITIONAL
SUBMISSION INFORMATION IN CONNECTION WITH A SPECIFIC APPLICATION. C. THE MERE APPLICATION FOR A SIGN PERMIT DOES NOT ASSURE THAT A PERMIT WILL BE ISSUED; THEREFORE, IT IS ADVISED THAT
SIGNS NOT BE FABRICATED, CONSTRUCTED OR PURCHASED
PRIOR TO ISSUANCE OF A SIGN PERMIT. C. D. Fees for the erection of signs are assessed as part of building permit review and issuance. Permit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with
these regulations.
E. THE PROPERTY/BUILDING OWNER, PRINCIPAL LESSEE, OR AUTHORIZED AGENT OF THE PROPERTY/BUILDING ON WHICH THE SIGN WILL BE LOCATED SHALL BE THE SAME PERSON APPLYING FOR THE SIGN PERMIT. DOCUMENTATION SHALL ACCOMPANY THE
PERMIT FOR VERIFICATION.
F. A COPY CHANGE WITH NO MODIFICATIONS TO THE SIGN STRUCTURE, SUPPORT, CABINETS, ELECTRICITY, OR OTHER FEATURES SHALL BE EXEMPT FROM BUILDING PERMIT.
Section 5. Section 26-706 (Nonconforming signs.) of the Code is amended as
follows:
8
A. Nonconforming signs. A lawful sign existing on the effective date of the
ordinance from which this article is derived may be continued, although
such sign does not conform to the provisions of this article, subject to the following provisions: 1. Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article.
Enlargement or extension of a nonconforming sign is permitted so long
as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall
constitute replacement of the nonconforming sign and shall require
conformance with this article. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or
be removed. For the purpose of this section, the term "discontinued"
shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations.
3. A nonconforming sign that is destroyed or damaged more than fifty (50)
percent of its net worth REPLACEMENT COST VOLUNTARILY OR due to natural causes may not be reconstructed except in accordance with the provisions of this article; however, any sign destroyed or damaged to any extent by vandalism may be rebuilt to its original state within six
(6) months or otherwise it must be reconstructed in conformance with
this article. B. Discontinued business, etc. Whenever a use of land and/or building using an identification sign is discontinued, except for seasonal uses pursuant to subsection A.2., above, the sign shall be removed or obscured by the
person owning the property within thirty (30) days after the discontinuance
of such use. Any such sign which is nonconforming to these regulations and which is not used to advertise an active business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. C. NON-CONFORMING ELECTRONIC CHANGEABLE COPY SIGNS. SUCH
SIGNS WHICH ARE MADE NON-CONFORMING BY THE ADOPTION OF
ORDINANCE <##> SHALL BE BROUGHT INTO CONFORMANCE WITH THE REQUIREMENTS OF THIS ARTICLE ON OR BEFORE <DATE, 2019>.
Section 6. Section 26-707 (General provisions/performance standards.) of the
Code is hereby repealed in its entirety and reenacted to read as follows:
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Sec. 26-707. – General provisions/performance standards.
A. Sight distance triangle.
1. No sign is allowed which would violate the sight distance triangle
requirements of section 26-603.B.
2. At signalized intersections, where both streets are collectors and/or arterials, the required sight distance shall be governed by the standards set forth in the most current edition of the policy on geometric design of highways and streets, published by the American
Association of State Highway and Transportation Officials (AASHTO).
B. Location of signs.
1. All signs allowed by this article, except billboards, public signs, and signs permitted under the criteria in section 26-708.E must be owned by the property/building owner, or principal lessee of the
property/building on which the sign is placed.
C. Streets and rights-of-way.
1. No sign shall be erected in such a location as to interfere with motor vehicle or pedestrian traffic.
2. No sign is allowed in or above the public right-of-way, with the
exception of:
a. Signs on bus benches and shelters pursuant to Article IV of Chapter 21;
b. Public, traffic, regulatory, or licensed sign; and
c. Signs permitted under the criteria in section 26-708.E.
3. For temporary signs, where it is difficult to determine the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such
boundaries shall be presumed to be two (2) feet from outside edge of
sidewalk.
4. Attachment of any sign to utility poles or other poles or structures within public right-of-way is prohibited, except as approved by the public works director pursuant to this article.
D. Interference.
1. No sign is allowed which employs a lighting or control mechanism which causes radio, radar, cellular telephone or television interference.
2. No sign is allowed which, even though in general conformance with
the standards and requirements of this sign code, is judged by the
chief of police and public works director as a dangerous sign due to
10
interference with a traffic control device by being in direct line between the control device and oncoming traffic or otherwise in visual
competition with a traffic control device.
3. No sign is allowed which may be construed as a traffic sign or signal or which may be confusing to motorists or mistaken as a traffic signal.
E. Compliance with building codes.
1. No sign shall be erected, constructed or maintained which obstructs
or is attached to any fire escape, window, door or opening used as a
means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation.
2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted
building codes.
3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the
building code, and material construction shall be of the quality and
grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes.
F. Outside display.
1. Notwithstanding the provisions of section 26-631, any merchandise
displayed outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to
prohibit merchandise customarily stored outside of buildings and
placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber.
G. Illumination.
1. All illuminated signage shall comply with section 26-503 of the zoning
and development code.
2. Signs within one hundred (100) feet of a residential structure, may be lighted indirectly or internally.
3. Signs over one hundred (100) feet from a residential structure, may use any type of lighting source, except search or flashing lights,
provided that they are shaded, shielded or directed so that the light
shall not adversely affect surrounding premises or interfere with safe vision on public or private roadways, including highways.
11
4. All direct and indirect lighting sources shall be downcast to reduce glare, sky glow and light pollution.
5. In the MU-N district, illuminated signs are encouraged to be turned off
when businesses are not in operation.
6. Internally illuminated, translucent signs should have the typography lighter than the sign background. Opaque sign faces with internally-illuminated translucent typography or internally-illuminated individual
channel letter with translucent faces are acceptable.
7. Sign lighting should be consistent with the lighting of building elements and storefront lighting.
8. It is encouraged that sign faces be of darker hue with light colored text to prevent light glare emitted at night.
9. The nighttime illumination of changeable copy signs shall conform with
the following criteria:
a. Illumination measurement methods shall be consistent with
established city policy.
b. Illumination Limits: The difference between the off and solid-
message measurements using the measurement criteria shall
not exceed 0.3 footcandles at night.
c. Dimming Capabilities: All permitted changeable copy signs shall
be equipped with a sensor or other device that automatically
determines the ambient illumination and programmed to
automatically determines the ambient illumination and
programmed to automatically dim according to the ambient light
conditions, or that can be adjusted to comply with the 0.3
footcandle measurements.
H. Maintenance.
i. Any sign, including temporary signs that becomes discolored, ragged, shredded, detached, etc., shall be removed ore repaired.
Section 7. Section 26-708 (Miscellaneous provisions.) of the Code is hereby
repealed in its entirety and reenacted to read as follows:
Sec. 26-708. – Miscellaneous provisions.
A. Building addresses.
1. House or building address number signs shall be consistent with
section 26-639 of the Code of Laws and established city policy.
B. Signs located on bus benches and bus stop shelters.
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1. Signs located on bus benches shall be in conformance with Section 21-124 of the Code of Laws.
2. Signs located on a bus stop shelter shall be in conformance with
Section 21-151 of the Code of Laws. Such signs shall be limited to two (2) faces per shelter with a maximum of twenty-four (24) square feet per face.
C. Home Occupations
ii. Home occupations must comply with Section 26-613 of the Municipal
Code.
iii. Residential units with an approved home occupation business license through the City, are allowed one freestanding or wall-mounted non-illuminated sign.
D. Master sign plan.
1. The planning commission may approve a master sign plan for any existing or proposed commercial, mixed use, or industrial development of at least two (2) acres or more in size which is under unified control either by ownership, legal association or leasehold.
2. The intent and purpose is to encourage well-planned and designed
signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting. An additional purpose is to encourage the elimination of existing nonconforming signs. The
planning commission may grant as a bonus for well-designed plans
additional signs and/or up to a fifty (50) percent increase in maximum square footage for each sign, and/or may permit signs in locations other than normally permitted, based upon a finding that the proposed master sign plan substantially meets the intent and purpose of this
subsection relating to unification and integration of signage.
3. Once approved at a public hearing by planning commission, all master sign plans shall be recorded with the Jefferson County Recorder's Office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future.
No substantial variation from the plan shall be permitted without
planning commission approval. Noticing requirements for a master sign plan process shall follow the procedures outlined in section 26-109.
E. Signs in the right-of-way.
1. The community development director and public works director may
jointly approve freestanding signs which are otherwise permitted to advertise a property, to be located in the public right-of-way immediately adjacent to that property, subject to all of the following criteria:
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a. There are no viable alternative locations on the subject property;
b. The sign is for a property with commercial, industrial-employment,
mixed use, or planned development zoning;
c. The sign will be within right-of-way that is immediately adjacent to the subject property;
d. The sign is not in the right-of-way of a state highway;
e. There are no immediate plans for widening the street as identified
in the five-year capital investment program (CIP) or planning
documents;
f. The sign is not for a site being completely redeveloped with new construction, in which case the proposed design should incorporate the sign on site;
g. No underground utilities, except for electricity, exist in the
proposed location for the sign;
h. The sign does not obstruct the sidewalk or vehicular traffic;
i. The sign complies with sight distance triangle requirements per section 26-603.B;
j. The sign is not a pole sign; and
k. The sign must be in lieu of a freestanding sign otherwise located only on the immediately adjacent property for which sign is permitted.
2. Signs that meet the above criteria shall obtain a sign permit through
the community development department and a right-of-way use permit
through the department of public works.
3. Notwithstanding section 26-115, the decision of the community development director and public works director to grant or deny a permit under this subsection F. shall be the final decision of the city,
appealable only to the district court.
F. Signs in mixed use zone districts. Signs in any mixed use zone district must also comply with requirements in section 26-1113.
G. Signs for marijuana-related businesses. No permanent or temporary sign associated with a marijuana-related business licensed pursuant to Articles
XII and/or XIII of Chapter 11 may be installed or located until reviewed and
approved by the city. See sections 11-296, 11-306, 11-406 and 11-417.
Section 8. Section 26-709 (Residential, agriculture and public facilities zone districts sign standards chart.) of the Code is hereby repealed in its entirety and
reenacted to read as follows:
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Sec. 26-709. – Permitted Sign Types.
A. A summary of sign types addressed in this article are listed in the following
tables. The tables identify if signs are permitted (P), not permitted (NP), or
permitted in limited (L) circumstances, based on the land use of the
property upon which a sign is located.
B. For purposes of this article only, the following definitions shall apply:
1. Low Density Residential. Land use category for determining allowable
signage, both permanent and temporary, for single-family and duplex
units.
2. Multifamily Residential. Land use category for determining allowable
signage, both permanent and temporary, for residential uses with three
(3) or more attached dwelling units.
3. Non-residential. Land use category for determining allowable signage,
both permanent and temporary, for all commercial, industrial, and other
nonresidential uses.
C. Permanent Signs. For signs that are permitted (P or L), additional
standards are found in Section 26-710.
Table 1. Permanent Signs by Land Use
Type of Sign Low Density Residential
Use
Multifamily Residential Use Nonresidential Use
Address numbers P P P
Animated NP NP NP
Arcade NP NP P Barber shop poles NP NP P Blade NP NP P
Canopy NP P P
Changeable copy NP NP P
Directional NP P P
Flag P P P Freestanding L P P Roof NP NP NP Sign oriented to a drive-through lane NP NP P
Traffic control or regulatory P P P
Vehicle P P P
Wall or painted L P P Window or door P P P
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D. Temporary Signs. For signs that are permitted (P or L), additional
standards are found in Section 26-711.
Table 2. Temporary Signs by Land Use
Type of Sign Low Density Residential
Use
Multifamily Residential Use
Nonresidential Use
Balloon or inflatable NP P P
Banner NP P P
Pennant, streamer, and similar devices NP P P
Portable NP P P
Signs carried by persons P P P
Yard – Small P P P
Yard – Large L L L
Section 9. Section 26-710 (Commercial, industrial and mixed use zone districts
sign standards chart.) of the Code is hereby repealed in its entirety and reenacted to read as follows:
Section. 26-710. – Permanent sign standards.
A. General.
1. Where a property is eligible for a permanent sign based on Section 26-
709, the standards of this section shall apply. 2. Building permits are required for all permanent signs. 3. Residential zone districts include the entire Residential series (R-1, R-1A, R-1B, R-1C, R-2, R-2A, R-3, R-3A, PRD), Agricultural series (A-1,
A-2), and Public Facilities (PF)
4. Nonresidential zone districts include the entire Commercial series (NC, RC, C-1, C-2), Mixed Use series (MU-C, MU-C TOD, MU-C Interstate, MU-N), Industrial Employment (I-E), and Planned Developments including PCD, PID, PHD, and PMUD.
5. With the exception of billboards permitted under section 26-712, no
permanent sign shall be erected or maintained upon a lot, tract, or parcel devoid of an established primary use. B. Address Numbers.
1. Must be compliant with Section 26-639 of the Code.
2. Must be compliant with established city policies regarding addressing. C. Arcade Signs.
1. Definition: Any sign projecting beneath and attached to the underside
of any balcony, canopy, awning or other structural overhang or
passageway.
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2. Maximum number: 1 per business 3. Maximum size: 4 square feet
4. Height: Minimum height above street frontage or sidewalk level is 7
feet. 5. Location: May not extend above the bottom of eave, balcony, canopy, awning or other structural overhang or passageway to which it is affixed. Can extend into right-of-way with an approved right-of-way
permit.
D. Barber Shop Poles. 1. Definition: A sign with a striped interior which may or may not rotate, which is traditionally utilized to signify the presence an establishment
within which the practice of barbering is engaged or carried out.
2. Maximum number: 1 per street frontage or major interior drive 3. Height: Pole height cannot exceed 5 feet in total, may not exceed height of building to which it is attached. 4. Location: Must be wall mounted. May extend into the right-of-way with
an approved right-of-way permit.
E. Blade signs. 1. Definition: A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) inches.
Projection shall extend no more than 48 inches away from the
structure to which the sign is attached. 2. Maximum number: 1 per street frontage or business 3. Maximum size: a. For two-dimensional (2D) signs: 1 square foot for each 1 foot of
height of the building wall to which the sign is to be attached.
b. For three-dimensional (3D) signs, as defined in subsection 26-702, 1.75 cubic feet for each 1 foot of height of the building wall to which the sign is to be attached. 4. Height:
a. May not extend above the top of the wall or parapet; not to be
roof mounted. b. Minimum height clearance 7 feet above street frontage or sidewalk. 5. Location: May extend into the right-of-way with an approved right-of-
way permit.
6. Additional standards: a. Blade signs are encouraged in the Traditional Overlay areas, as defined by the Architectural and Site Design Manual. b. Wall signs and blade signs are allowed on the same wall.
c. Blade signs should not be located closer than twenty-five (25)
feet apart unless the signs work together to make a unified and compatible design or the sign group is integral to the building
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architecture, reinforcing a significant building feature such as a primary entry.
d. The structural support of projecting signs shall be integrated into
the design of the sign, either by being simple and inconspicuous, or by being creative in the use of structural elements, lighting, color and materials.
F. Canopy Signs.
1. Definition: A sign mounted to a roof-like structure serving the purpose of protecting vehicles and/or pedestrians and which may be freestanding or attached to a building, is provided with supports, and is open on three (3) sides if attached and on all sides if freestanding.
2. Maximum number: 1 per street frontage or major interior drive
3. Maximum size: Canopy signs may use up to 50% of the allowed wall sign allowance. The size of the canopy sign is to be subtracted from the allowable wall signage.
G. Changeable Copy signs.
1. Definition: A sign, either illuminated or non-illuminated, which is designed so that the message or any part of the message may be periodically changed, either mechanically or electronically, however, where a change in message occurs no sooner than every eight (8)
seconds. This includes signs that utilize computer-generated
messages or some other electronic means of changing copy, including displays using incandescent lamps, electronic message centers (EMCs), LEDs, LCDs or a flipper matrix. Messages shall be static and a change in message shall be instantaneous.
2. Prohibition: Changeable copy signs are not be permitted in the MU-N
district or the MU-C TOD sub-district. 3. Maximum number: 1 per street frontage, but no more than 2 per development 4. Maximum size:
a. In residential zone districts, a maximum of 32 square feet per
sign b. In nonresidential zone districts, the freestanding and wall signage size regulations (Sec. 26-710.J. and 26-710.L.) apply. 5. Height:
a. In residential zone districts , a maximum of 7 feet
b. In nonresidential zone districts, freestanding and wall signage height regulations (Sec. 26-710.J. and 26-710.L.) apply 6. Location: For freestanding changeable copy signs, the minimum setback is 5 feet from any property line
7. The time lapse between the change in information shall not be less
than eight (8) seconds. H. Directional signs.
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1. Definition: A freestanding or wall-type sign, not located within the public street right-of-way, providing necessary directional information
to motor vehicle operators or pedestrians, such as entrance, exit,
parking limitations or location of onsite buildings or facilities. Directional signs shall be clearly incidental to the primary signage on a property, in both height and sign area. 2. Maximum number: No limit
3. Maximum size: 4 square feet per side
4. Height: If freestanding, shall not exceed 36 inches in height if within a required sight distance triangle, or 48 inches where outside of a sight distance triangle.
I. Flag.
1. Definition: Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device. 2. Maximum flagpole height of 35 feet.
J. Freestanding signs.
1. Definition: A sign that is permanent and self-supporting, being nondependent on support from a building or other structure, including signs placed upon fences or non-supporting walls. This includes pole-mounted or monument signs.
2. Owner authorization required: Building permit applications for single
tenant signs on multitenant properties shall include property owner authorization with the building permit application. 3. Design: a. For new development or total redevelopment new pole signs
shall not be allowed, unless the development is located within ¼
mile of the interstate and a highway-oriented sign is proposed. b. The base of a freestanding monument sign shall be consistent with the materials of the building with which it is associated. c. For new development or total redevelopment, all freestanding
signs shall be placed within landscaped areas.
d. When not associated with new development or total redevelopment, pole signs are permitted, but strongly discouraged. 4. Multiple signs: Where multiple freestanding signs are permitted
pursuant to this section, the following standards shall apply:
a. Where two (2) freestanding signs are permitted by virtue of multiple street frontages, each permitted sign shall be allowed to have the maximum square footage allowed as noted in this subsection. In addition, the sign area allowed may be
transferred from one (1) sign to another; provided, that no
freestanding sign shall exceed four hundred (400) square feet in area.
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b. Where multiple signs are permitted because of multiple street frontages, the signs may be erected on the same street
frontage.
c. For double-faced signs, each sign face can have the maximum square footage allowed. 5. For low density residential uses: a. Not permitted, except for as allowed by the home occupation
regulations.
6. For multifamily uses: a. Maximum number: 1 per street frontage, not to exceed 2 b. Maximum size: 32 square feet c. Minimum setback: 5 feet from any property line
d. Maximum height: 7 feet
7. For nonresidential uses in residential zone districts: a. Maximum number: 1 per street frontage, not to exceed 2 b. Maximum size: 32 square feet c. Minimum setback: 5 feet from any property line
d. Maximum height: 7 feet
8. For nonresidential uses in nonresidential zone districts: a. Maximum number: 1 per street frontage, not to exceed 2 b. Maximum size: Based upon Table 3 below. c. Minimum setback: Based upon height and adjacent zoning:
i. 10 feet if adjacent to residentially zoned properties
ii. 5 feet from ROW if under 7 feet tall iii. 10 feet from ROW if 7-15 feet in height iv. 30 feet for signs over 15 feet in height d. Maximum height: Based upon zoning and location:
i. 7 feet in all mixed use zone districts
ii. 50 feet for retail and service businesses within ¼ mile of an interstate highway measured from the property line iii. 15 feet for all other freestanding signs
Table 3. Maximum sign area for freestanding signs for nonresidential uses in nonresidential zone districts
Floor Area of Building* Single Tenant Sign Multiple Tenant Sign
0—1,500 s.f. 35 s.f. 60 s.f.
1,501—5,000
s.f.
35 s.f. plus 1 s.f. per each additional
50 s.f. of floor area over 1,501.
60 s.f. plus 1 s.f. per each additional
40 s.f. of floor area over 1,501.
5,001—50,000 s.f. 100 s.f. plus 1 s.f. per each additional 500 s.f. of floor area over 5,001. 150 s.f. plus 1 s.f. per each 300 s.f. of floor area over 5,001.
Over 50,001 s.f.
190 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f.
300 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 400 s.f.
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*In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station canopies and drive-thru canopies cannot be applied toward the freestanding sign allowance.
9. Home Occupations
a. Must be in compliance with Section 26-613 of the Municipal
Code. b. Must have an approved business license through the City. c. Permitted one (1) non-illuminated sign not to exceed two (2) square feet in size.
10. 3D signs: Three-dimensional (3D) signs, as defined in subsection 26-702, are permitted the sign allowances listed in this subsection multiplied by 1.75, as measured in cubic feet. K. Sign oriented to a drive-through lane.
1. Definition: A freestanding or wall-mounted sign, oriented predominantly towards a drive-through or drive-up lane, which is clearly incidental to the primary signage on a property, in both height and sign area. 2. Maximum size: 35 square feet per drive-through lane 3. Maximum height: Six (6) feet
4. Additional standards a. May be illuminated by internal lighting only. b. Must be screened from the right-of-way such that signs do not violate section 26-707.D.
L. Traffic control or regulatory signs. 1. Definition: Signs, signals or markings placed or erected by federal, state or local authority of the purpose of regulating, warning or guiding traffic 2. Location: May be placed by the federal, state or local authority within
the public right-of-way. M. Wall or painted signs. 1. Definition: A sign constructed of durable materials which is permanently affixed to an exterior surface of any building, wall or
structure or painted directly on the exterior surface of a building, wall or structure which does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered wall signs. 2. Maximum size:
a. Total size for any single or combined wall sign is no larger than 1 square foot for every linear foot of the side of the building to which it is affixed. 3. Location: a. Signs may only be affixed to walls which face public streets or
major interior drives, as determined by the community development director
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b. For buildings with flat roofs, wall signs shall not extend above the top of the parapet or mansard, and if placed upon a parapet
or mansard shall not extend more than 3 feet above the deck
line. c. For uses which have a rear entry or delivery door, 1 non-illuminated wall sign not to exceed four (4) square feet per tenant is permitted.
4. Other: Signs affixed to canopies shall be considered wall signs and
shall be calculated based upon the length of the wall to which they are attached or adjacent. 5. Home Occupations a. Must be in compliance with Section 26-613 of the Municipal
Code.
b. Must have an approved business license through the City. c. Permitted one (1) non-illuminated sign not to exceed two (2) square feet in size. 6. Additional standards
a. Building wall signs shall complement the building’s architecture
and fit within the architectural features of the façade so they do not overlap windows or columns. N. Window or door signs.
1. Definition: Any sign or decal affixed to, painted on, applied to, or
hanging within twelve (12) inches of the interior of a window and that can be seen through the window from the exterior of the structure, but excludes merchandise included in a window display. 2. Maximum size: Sign shall not obstruct more than 25 percent of the
door or window area
3. Additional standards: a. The material, installation and/or size of window or door signs shall not negatively affect compliance with the transparency standards established in Article XI. Mixed Use Zone Districts
and in the Architectural and Site Design Manual.
b. The interior application of a solid, dark color on back of house windows shall not be considered window or door signs and shall be permitted.
Section 10. A new Section 26-711 of the Code is hereby inserted as follows:
Sec. 26-711. – Temporary sign standards.
A. General. 1. Where a property is eligible for a temporary sign based on Section 26-
709, the standards of this section shall apply.
2. Maximum number:
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a. One (1) temporary sign per business may be placed on eligible property at any given time.
b. This limitation on maximum number of temporary signs shall
take effect on <DATE, 2019>. 3. Illumination of temporary signs is prohibited. 4. Temporary signs do not require building permits.
B. Balloon or inflatable.
1. Definition: Any sign consisting of material intended to be filled with air or helium, or have air blown through in order to create a visual attraction; this is inclusive of air dancers, inflatables caricatures, all types and sizes of balloons, and similar devices.
2. Height: Cannot exceed 25 feet above existing grade.
3. Location: May not be located within the public right-of-way. 4. Additional standards: a. Shall be securely anchored or attached so as to prevent dislocation, entanglement or encroachment onto adjacent
properties or public streets, or undue hazard to motorists or
pedestrians. Roof mounting is not permitted. b. Notwithstanding any other provision of this article, balloon or inflatable signs may be maintained for no longer than 30 consecutive days within any calendar year.
C. Banner. 1. Definition: A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time.
2. Maximum size: Total size for any single or combined banners affixed to
a wall based on one half (1/2) the allowance for wall signs. 3. Location: May be placed upon a building wall but shall not be attached to fencing, landscaping, freestanding posts or utility poles. Banners may be placed only on walls facing a public street or major interior
drive.
4. Other: Shall be securely anchored or attached so as to prevent dislocation, entanglement or encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians.
D. Pennant, streamer, and other similar device.
1. Definition: A sign made of flexible materials intended to create a visual attraction through movement. This is inclusive of flutter flags. 2. Location: Shall be securely anchored or attached so as to prevent dislocation, entanglement or encroachment onto adjacent properties or
public streets, or undue hazard to motorists or pedestrians.
F. Portable.
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1. Definition: Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design, such as A-
frame or pedestal style signs.
2. Maximum size: 6 square feet per side per sign 3. Setback: a. 5 feet from any street right-of-way line if taller than 36 inches b. 2 feet from any street right-of-way line if 36 inches or less in
height
4. Location: a. May be located on a sidewalk within private property, provided that adequate clearance exists to meet ADA requirements. b. Must be anchored to the ground or weighted sufficiently to
prevent movement by wind
c. May not be located outside when business is closed. G. Signs carried by persons. 1. Definition: Any sign, which is carried or worn by any person, typically in
or along the right-of-way for the purpose of attracting and directing
traffic to a particular place of business. 2. Maximum size: 6 square feet per side. 3. Location: Permitted along any public right-of-way, provided there is no negative impact to vehicular, bicycle, or pedestrian safety as
determined by the Director of Public Works or Chief of Police or their
designee. Signs shall be limited to the exterior edges of the right-of-way, and completely outside of the vehicular and bicycle travel lanes. Shall be located behind the outermost curb and gutter, not impede pedestrian traffic, and are completely prohibited to be stationed in any
median, island, or other refuge within the right-of-way.
H. Yard – small. 1. Definition: A temporary, ground-mounted, portable sign constructed of paper, vinyl, plastic, wood, metal or other comparable material, and
designed or intended to be displayed for a limited period of time
2. Maximum number: a. For all nonresidential uses: Limit of 1 per business b. For all residential uses: No limit 3. Maximum size: Shall not exceed four (4) square feet in size per sign
4. Location: Shall not be placed within city right-of-way or municipally
owned property. I. Yard – large. 1. Definition: A temporary, ground-mounted, portable sign constructed of
paper, vinyl, plastic, wood, metal or other comparable material, and
designed or intended to be displayed for a limited period of time. 2. Maximum number: 1 per street frontage or major interior drive, not to exceed 2
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3. Maximum size: a. For low density residential uses and multifamily (3-9 units): 9
square feet
b. For multifamily (10+ units): 32 square feet c. For nonresidential uses: 32 square feet 4. Minimum setback: 5 feet 5. Maximum height: Shall not exceed 7 feet in height
6. Location: Allowed only on properties with active listings for sale or for
rent, or on properties with active building permits. Also allowed for urban gardens. Section 11. The existing Section 26-711 (Billboards.) of the Code is renumbered
as Section 26-712 (Billboards).
Section 12. The remaining Sections 26-713 through 26-800 are reserved for future enactment.
Section 13. Subsection 26-613.A.5. (Home occupations.) of the Code is hereby
amended as follows: 5. Each home occupation is permitted to have one non-illuminated sign up to 2 square feet in size. The sign may be freestanding or wall-mounted.
See section 26-709 ARTICLE VII, CHAPTER 26. Section 14. Subsection 11-296(a). (Application for license.) of the Code is hereby amended as follows:
(a) A person seeking to obtain a license pursuant to this division shall file an application with the local licensing authority on a form provided by
the state, a sign application and all additional information required by
the Colorado Medical Marijuana Code. If proposed signage is not available at the time of initial application, an applicant may file the sign application as soon as practical. No permanent or temporary signage may be installed or located on the property until approved by the city.
See section 26-708.H. ARTICLE VII, CHAPTER 26.
Section 15. Subsection 11-406(a). (Application for license.) of the Code is hereby
amended as follows:
(a) A person seeking to obtain a license pursuant to this division shall file an application with the local licensing authority on a form provided by the state, a sign application and all additional information required by the Colorado Retail Marijuana Code. If proposed signage is not available at
the time of initial application, an applicant may file the sign application as
soon as practical. No permanent or temporary signage may be installed
25
or located on the property until approved by the city. See section 26-708.H. ARTICLE VII, CHAPTER 26.
Section 16. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 17. Effective Date. This ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0, this 9th day of April, 2018 and ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge, and Public Hearing and
consideration on final passage set for April 23, 2018 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final readying by a vote of ___ to ___, this _____ day of ______________, 2018
SIGNED by the Mayor on this _____ day of ____________, 2018. _________________________
Bud Starker, Mayor
ATTEST:
_________________________
Janelle Shaver, City Clerk Approved as to Form
_________________________ Gerald E. Dahl, City Attorney First Publication: April 12, 2018 Second Publication:
Wheat Ridge Transcript:
Effective Date:
ZOA-18-01 / Sign Code 1
MEETING DATE: March 15, 2018
TITLE: AN ORDINANCE AMENDING ARTICLE VII (SIGN CODE) OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS
CASE NO. ZOA-18-01
PUBLIC HEARING CODE CHANGE ORDINANCE
Case Manager: Zack Wallace Mendez, Planner II
Date of Preparation: March 6, 2018
______________________________________________________________________________ SUMMARY:
In June of 2015, the United States Supreme Court decided the case of Reed v. Town of Gilbert,
Arizona. This decision, which held the Town of Gilbert's sign code unconstitutional, has a
significant impact on local government sign codes throughout the nation. In brief, signs cannot be
regulated by their content, so sign codes must be modified to regulate signage utilizing time, place and manner standards. This has prompted cities nationwide, including the City of Wheat Ridge to evaluate their signs codes and make amendments to ensure they are constitutional.
The City found it advantageous to also use this opportunity to update the Code with modern
standards and reaffirm former policy directions on signs.
Notice for this public hearing was provided as required by the Code of Laws.
BACKGROUND:
In May 2017, Staff briefed City Council on the Reed v Town of Gilbert decision by the Supreme
Court and how that ruling impacted the City’s sign code. Also at that meeting Staff asked for
direction on several other sign-related items, and Council provided input on some items they
wanted to see addressed in the update, including blade signs, iconic (3D) signs, temporary signs, and illumination. In October 2017, Staff presented Council with a sign code draft and requested further direction on several issues. Staff presented the same code draft and Council’s input to the
Planning Commission in November 2017. Due to the complexity of some issues, conflicting
input from City Council and Planning Commission, and with a newly seated Mayor and
Councilmember, Staff took Planning Commission’s recommendations to City Council in
December 2017 for a final round of “checks and balances” to consider some of the differing input
PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT
ATTACHMENT 2
ZOA-18-01 / Sign Code 2
provided before finalizing a draft for public hearings. The enclosed ordinance a represents a culmination of the input provided throughout 2017.
Below is a summary of the proposed updates to the Sign Code which is located in Article VII of
Chapter 26 of the Code of Laws. Specific development standards (height, size, setbacks, etc.) for
existing sign types have not been altered. However, some sign types that are content-based categories (e.g. real estate, political, and community event signs) have been removed and reorganized into different categories that are not content based.
The ordinance aligns the existing development standards with the new generalized sign
categories as best as possible. In addition to the content-based “scrub” of the code, other
amendments include adding and modifying definitions, correcting existing typographical errors, updating outdated cross-references, and adding illumination standards.
A full summary of updates by section is provided below:
• 26-701 (Intent and purpose.) – Subsection F is modified for compliance with Reed v
Gilbert.
• 26-702 (Definitions.) – The following definitions were added, modified and deleted
respectively:
Added: Modified: Deleted:
o Balloon or inflatable sign
o Barber shop poles
o Blade sign
o Directional sign
o Flag
o Pennant, streamer, and other similar devices
o Sign setback
o Signs carried by
persons
o Signs oriented to a
drive-through lane
o Size of sign
o Three-dimensional
(3D) signs
o Window or door sign
o Yard sign
o Awning o Animated sign
o Canopy sign
o Changeable copy
sign
o Flashing sign
o Freestanding sign o Major interior drive
o Portable sign
o Public sign
o Surface area of sign
o Temporary sign
o Community event/sponsorship banner
o Farmers’ market sign
o Informational sign (replaced by
directional sign category)
o Menu Board/Drive Through
Directory Signs (replaced by signs oriented to a drive-through lane)
o Off-premise sign
o Order confirmation boards
(replaced by signs oriented to a
drive-through lane)
o Pole sign
o Political sign
o Produce stand sign
o Projecting sign (replaced by
blade sign category)
o Semipublic sign
o Surface area of sign
o Urban garden sign (absorbed into yard signs-large).
• 26-703 (Enforcement and penalties.) – Various sections from Article VII have been
ZOA-18-01 / Sign Code 3
migrated to this section and adjusted for more effective code enforcement.
• 26-704 (Contractor’s license required.) – No changes have been made to this section.
• 26-705 (Permit required.) – A requirement has been added that the property owner or lessee of the property on which a sign will be located shall be the same person applying for the sign permit.
• 26-706 (Non-conforming signs.)
o In subsection A.2, one content-related sentence has been deleted for compliance
with the Reed v Gilbert decision.
o Subsection C has been added based on Council direction to amortize non-
conforming LED changeable copy signage within one year of the passage of this
ordinance.
• 26-707 (General provisions/performance standards.)
o Minor text amendments have been made to fix existing typographical errors, and several subsections have been modified to remove content-based language. Several provisions have been removed and relocated to Section 26-703
(Enforcement and penalties) in order to keep similar provisions together.
o Subsection G (Illumination) has been modernized to include illumination
measurement standards for effective enforcement and to consolidate all
illumination provisions into one place.
• 26-708. (Miscellaneous provisions.)
o Minor text amendments have been made to fix existing typographical errors.
• Existing sections 26-709 and 26-710 (Sign charts)
o These two sections have been removed because the signs standards have been reformatted into three new sections:
26-709 (Permitted sign types)
26-710 (Permanent sign standards)
26-711(Temporary sign standards)
o No specific development regulations (size, height, setbacks, etc.) have been
altered. o Per Council direction, commercial properties are limited to one (1) temporary sign per business, while residential properties may have an unlimited number of
temporary signs. Council directed that there be a one-year deferral on enforcement
of this newly created maximum number of temporary signs for commercial
businesses.
o These sections include new or redefined categories, including signs carried by persons, blade signs, and 3D signs which are permitted as freestanding or blade designs.
• Existing Section 26-711 (Billboards.) – The content of this section has not been amended, but it has been renumbered as Section 26-712.
For those sections that have extensive amendments, they have been repealed and reenacted in the
ordinance. For those sections that have only minor amendments, the ordinance includes redlined
changes.
ZOA-18-01 / Sign Code 4
RECOMMENDED MOTION:
“I move to recommend approval of the proposed ordinance amending Articles VII of Chapter 26
of the code of laws, concerning the sign code.” Exhibits:
1. Proposed Ordinance
ATTACHMENT 3
ITEM NO: DATE: April 23, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 09-2018 – AN ORDINANCE APPROVING A ZONE CHANGE FROM AGRICULTURAL-ONE (A-1) TO
PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN
OUTLINE DEVELOPMENT PLAN (ODP) FOR PROPERTY
LOCATED AT 5372 AND 5392 QUAIL STREET (CASE NO. WZ-17-11/CLARK) PUBLIC HEARING ORDINANCES FOR 1ST READING (03/26/2018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/23/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ Community Development Director City Manager ISSUE:
The applicant is requesting approval of a zone change from Agricultural-One (A-1) to Planned Residential Development (PRD) for property located at 5372 and 5392 Quail Street for the purpose of developing single-family homes and townhomes.
The proposed rezoning area includes two parcels, the total size of which is approximately five and
one-quarter acres. PRIOR ACTION: Planning Commission heard the request at a public hearing on March 15, 2018 and recommended
approval. The staff report and meeting minutes from the Planning Commission meeting are
attached. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the
amount of $1,756.62 were collected for the review and processing of Case No. WZ-17-11.
CAF – 5372 and 5392 Quail St. Rezoning
April 23, 2018
Page 2 BACKGROUND: The subject property is located in a northern peninsula of Wheat Ridge, and is surrounded on three
sides by the City of Arvada. It is located along Quail Street north of Ridge Road and south of 54th Avenue. Less than 500 feet south of the subject property is the Quail Ridge Estates subdivision, a planned development approved in 2006 for 25 homes. Construction in Quail Ridge Estates is currently underway and several homes are complete and have been issued certificates of
occupancy.
The subject property consists of two parcels, each of which contains a single-family home. The existing single-family homes were built in the late 1920s and early 1950s and have been utilized for residential and agricultural uses since that time.
Surrounding Land Uses The property is nearly equidistant between two Gold Line stations (Wheat Ridge · Ward to the west and Arvada Ridge to the east). Historically, the neighborhoods in the area have been comprised predominantly of single-family homes and with some condominiums and multifamily.
The housing stock is diversifying with the pending commuter rail line catalyzing new
developments. To the north and east of the subject property is the Skyline Estates neighborhood in the City of Arvada. This area consists of single-family homes constructed throughout the mid-2000s. To the
southeast along Ridge Road, also within the Skyline Estates neighborhood, are five 8-unit
apartment buildings. To the west of the subject property is a large vacant parcel within the City of Arvada. The current zoning on that property would allow residential uses to the north and industrial uses to the south. The City of Wheat Ridge recently received a referral from the City of Arvada for a proposed rezoning of this property to allow for approximately 500 dwelling units,
consisting of single-family detached homes, paired homes, and apartments. This proposed
development (Haskins Station) is currently under review by the City of Arvada, and has yet to be heard by the Arvada Planning Commission or City Council. To the south of the subject property are two properties agriculturally zoned and utilized for single-family homes with potentially some accessory agricultural uses. Further to the south is the aforementioned Quail Ridge Estates
development, zoned Planned Residential Development.
Current and Proposed Zoning The site’s current zoning, Agricultural-One (A-1), allows for residential estate living within a quasi-rural or agricultural setting with single-family homes being permitted on a minimum of one-
acre of land. Other uses permitted within this zone district are primarily agricultural uses such as
farming, farmers markets, produce stands, riding academies and public stables, in addition to a few non-agricultural uses such as governmental buildings and schools. The applicant has proposed a Planned Residential Development which allows for single-family attached and detached homes and open space. Also allowed as accessory uses are home occupations and household pets. These
accessory uses are in line with all residential zone districts in the City, and would be subject to the
underlying regulations within the Code of Laws. Additionally, the applicant has proposed not
CAF – 5372 and 5392 Quail St. Rezoning
April 23, 2018
Page 3 allowing detached accessory structures or RV and boat storage within the development. This is
typical of some of the City’s more recent Planned Residential Developments.
RECOMMENDATIONS: Having found the proposed rezoning in compliance with the criteria for review in 26-112.E, staff and the Planning Commission forward to Council a recommendation of approval of this private
rezoning request.
RECOMMENDED MOTION: “I move to approve Council Bill No. 09-2018, an ordinance approving the rezoning of property located at 5372 and 5392 Quail Street from Agricultural-One (A-1) to Planned Residential
Development (PRD) on second reading and that it take effect 15 days after final publication for the
following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws.
2. The requested rezoning has been reviewed by the Planning Commission, which has
forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the criteria for review in Section 26-112.E. of the Code of Laws.”
Or,
“I move to postpone indefinitely Council Bill No. 09-2018, an ordinance approving the rezoning of property located at 5372 and 5392 Quail Street from Agricultural-One (A-1) to Planned Residential Development (PRD) on second reading for the following reasons:
1. 2. 3. ”
REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 09-2018 2. Planning Commission Staff Report 3. Planning Commission Minutes
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER MATHEWS
COUNCIL BILL NO. 09 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM
AGRICULTURAL-ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) FOR PROPERTY LOCATED AT 5372 AND 5392 QUAIL STREET (CASE NO. WZ-17-11/CLARK)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Summer Clark of SCHAL Investments, LLC has submitted a land use application for approval of a zone change to the Planned Residential Development
(PRD) zone district for property located at 5372 and 5392 Quail Street; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for residential uses along Quail Street north of Ridge Road; and,
WHEREAS, the subject property lies equidistant between two Gold Line stations, and the housing stock in the area is diversifying with the rail line catalyzing new development in the area; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on March 15, 2018 and voted to recommend approval of rezoning the property to Planned Residential Development (PRD), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Summer Clark for approval of a zone change ordinance from Agricultural-One (A-1) to Planned Residential Development (PRD) for property located at 5372 and 5392 Quail Street, and pursuant to the
findings made based on testimony and evidence presented at a public hearing
before the Wheat Ridge City Council, a zone change is approved for the following described land: A PARCEL OF LAND SITUATED IN THE SOUTHEAST CORNER OF THE
NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69
WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTWEST SIXTEENTH CORNER OF SAID SECTION
16; THENCE N89°37’16”E ALONG THE EAST-WEST CNETERLINE OF SAID
ATTACHMENT 1
SECTION 16 A DISTANCE OF 471.14 FEET TO THE NORTHWEST CORNER OF TRACT A, SKYLINE ESTATES FILING NO. 2; THENCE S00°12’24”E
ALONG THE WEST LINE OF BLOCK 1 OF SAID SKYLINE ESTATES FILING
NO. 2 A DISTANCE OF 499.28 FEET; THENCE S89°34’25”W ALONG A LINE 160 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTH 7 ACRES OF THE WEST 14 ACRES OF THE SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16 A DISTANCE
OF 430.76 FEET TO A POINT ON THE EAST LINE OF PROPERTY
CONVEYED TO JEFFERSON COUNTY BY DEED RECORDED APRIL 6, 1954 AT RECEPTION NO. 572675; THENCE N00°15’01”W ALONG SAID EAST LINE A DISTANCE OF 19.63 FEET TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE S89°37’16”W ALONG THE NORTH LINE OF SAID
PROPERTY A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH-
SOUTH CENTERLINE OF SAID NORTHWEST QUARTER OF SECTION 16; THENCE N00°15’01”W ALONG SAID CENTERLINE A DISTANCE OF 480.00 FEET TO THE POINT OF BEGINNING.
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of March, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, April 23, 2018 at 7:00 o’clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2018.
SIGNED by the Mayor on this _______ day of _______________, 2018.
______________________________________ Bud Starker, Mayor ATTEST:
_______________________________________ Janelle Shaver, City Clerk
Approved as to Form _______________________________________
Gerald Dahl, City Attorney
1st publication: March 29, 2018 2nd publication: Wheat Ridge Transcript: Effective Date:
Planning Commission 1Case No. WZ-17-11 / Clark
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: March 15, 2018
CASE MANAGER: Zack Wallace Mendez
CASE NO. & NAME: WZ-17-11 / Clark
ACTION REQUESTED: Approval of a zone change from Agricultural-One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP).
LOCATION OF REQUEST: 5372 and 5392 Quail Street
APPLICANT (S): Summer Clark, SCHAL Investments
OWNER (S): Arthur Joel Aho Revocable Trust and Barbara Jean Aho Revocable Trust Gregory Skalla
APPROXIMATE AREA: 230,432 square feet (5.3 acres)
PRESENT ZONING: Agricultural-One (A-1)
COMPREHENSIVE PLAN: Neighborhood
ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN(X) ZONING ORDINANCE (X)DIGITAL PRESENTATION
Location Map Site
ATTACHMENT 2
Planning Commission 2Case No. WZ-17-11 / Clark
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I.REQUESTCase No. WZ-17-11 is an application for approval of a zone change from Agricultural-One (A-1) toPlanned Residential Development (PRD) with an Outline Development Plan (ODP) for property
located at 5372 and 5392 Quail Street. The purpose of the request is to permit development of single-
family detached homes and townhomes (referred to as single-family attached).
Rezoning to a planned development in the City of Wheat Ridge involves a two-step process. The first step is the Outline Development Plan, which, if approved, changes the zoning designation on the land,
establishes allowed uses and development standards for the property, and establishes access
configurations for vehicles, pedestrians, and bicycles. The second step in the process is the Specific Development Plan (SDP), which focuses on specific details of a development such as final drainage, architecture, lot layouts, and specific building location and orientation. The SDP must be found to be compliant with the ODP in order to be approved.
The applicant is requesting a two-step approval, which is permitted pursuant to Section 26-302 of the Municipal Code. The ODP document requires public hearings before the Planning Commission and the City Council, with the City Council being the final deciding body. If the ODP is approved, the applicant can apply for SDP approval. SDP applications must be heard at a public hearing before the
Planning Commission, who is the final deciding body for SDP approval. A subdivision plat will also
be required with this development, and will be reviewed by Planning Commission and City Council.
II.EXISTING CONDITIONS/PROPERTY HISTORYThe subject property is located in a northern peninsula of Wheat Ridge, and is surrounded on three
sides by the City of Arvada. It is located along Quail Street north of Ridge Road and south of 54th
Avenue. Less than 500 feet south of the subject property is the Quail Ridge Estates subdivision, aplanned development approved in 2006 for 25 homes. Construction in Quail Ridge Estates is currentlyunderway and several homes are complete and have been issued Certificates of Occupancy.
The subject property consists of two parcels, each of which contains a single-family home. The
existing single-family homes were built in the late 1920s and early 1950s and have been utilized for residential and agricultural uses since that time (Exhibit 1, Aerial). The site is zoned Agricultural-One (A-1), which allows for residential estate living within a quasi-rural or agricultural setting (Exhibit 2, Zoning Map).
To the north and east of the subject property is the Skyline Estates neighborhood in the City of Arvada. This area consists of single-family homes constructed throughout the mid-2000s. To the southeast along Ridge Road, also within the Skyline Estates neighborhood, are five 8-unit apartment buildings. To the west of the subject property is a large vacant parcel within the City of Arvada. The current
zoning on the property would allow residential uses to the north and industrial uses to the south. The
City of Wheat Ridge recently received a referral from the City of Arvada for a proposed rezoning of this property to allow for approximately 500 dwelling units, consisting of single-family detached homes, paired homes, and apartments. This proposed development (Haskins Station) is currently under review by the City of Arvada, and has yet to be heard by the Arvada Planning Commission or City
Planning Commission 3Case No. WZ-17-11 / Clark
Council. To the south of the subject property are two properties agriculturally zoned and utilized for single-family homes with potentially some accessory agricultural uses. Further to the south is the aforementioned Quail Ridge Estates development, zoned Planned Residential Development.
III.OUTLINE DEVELOPMENT PLAN
Attached is a copy of the proposed Outline Development Plan (ODP) which contains two sheets(Exhibit 3, Outline Development Plan). The first page is a typical cover page with certification andsignature blocks for the property owners, and Planning Commission, City Council, and Mayor. Also onthe first page is a character of development statement, list of permitted uses, and other notes. The
second page incudes the conceptual layout of the property, including right-of-way, alley, and open
space locations. Additionally, this page establishes the development standards that will govern futuredevelopment on the site.
Allowable Uses The property is currently zoned Agricultural-One, which allows for single-family homes on a
minimum of one acre of land in addition to a variety of agricultural related uses such as farming, farmers markets, produce stands, riding academies and public stables, and governmental buildings and schools. The applicant has proposed allowances for single-family attached and detached homes and open space. Also allowed as accessory uses are home occupations and household pets. These accessory
uses are in line with all residential zone districts in the City, and would be subject to the underlying
regulations within the Code of Laws. Additionally, the applicant has proposed not allowing detached accessory structures or RV and boat storage within the development. This is typical of some of the City’s more recent Planned Residential Developments.
Site Configuration
The ODP proposes 14 single-family homes located along the northern and eastern edges of the property, providing a buffer between existing single-family homes in Skyline Estates and the proposed townhomes which are centrally located on the site. The applicant has proposed a maximum of 42 attached (townhome) units located within 8-12 buildings, with 3-6 units per building.
The single-family detached homes will gain access from the public right-of-way with garages and front doors facing the street. The townhomes (single-family attached) are proposed to gain garage access from alleys, while front doors face the proposed streets and open space areas.
Lot Size
Lot sizes are proposed to be a minimum of 4,500 square feet for single-family detached homes. The attached homes will be governed by building size, and limited to 3-6 units per building. As is typical with any townhome development, each individual unit would be exempt from any lot size, interior setback, or lot width standards. Front and rear setbacks apply, as do side setbacks for the building as a
whole.
Setbacks Single-family detached homes will be required to have a minimum 10-foot front yard setback, with a variation of at least 2.5 feet to provide some variety in the front setbacks along the street. No two
adjacent homes or homes across the street shall be allowed the same front setback. Side setbacks are
proposed to be a minimum of 5 feet, with rear setbacks proposed to be a minimum of 15 feet. The ODP document currently indicates a minimum rear yard setback of 10 feet, and as such, revising this figure to 15 feet is a condition of approval.
Planning Commission 4 Case No. WZ-17-11 / Clark
For the attached homes front and side yard setbacks facing the street or an alley are proposed to be a minimum of 10 feet. Front and side yard setbacks facing open space are proposed to be a minimum of 5 feet. Rear setbacks along alleys are proposed to be allowed a 0 foot setback.
The proposed side and rear setbacks are largely consistent with the City’s standard residential zone
districts and create appropriate buffers from surrounding neighborhoods. The 10-foot front setbacks are appropriate for the proposed neo-traditional urban design and will help establish the character of this neighborhood. Height
The maximum height permitted within the development is consistent with the current A-1 zoning and the maximum height permitted in all residential zone districts across the City at 35 feet. Lot Coverage/Open Space Single family detached homes are limited to 60% lot coverage, leaving the balance of the lots for
driveways and landscaping. Landscaping for the single-family home lots defaults to Section 26-502 of the Code of Law which requires no less than 25% of the gross lot area be landscaped, and no less than 100% of the front yard be landscaped. The aggregate open space requirement for the single family attached homes in the central part of the site is 30%. Two primary open space amenities are proposed
to traverse the site east to west connecting Quail Street with Pierson Court.
Access Quail Street is the proposed point of access into the development. Currently Quail Street extends north from Ridge Road as a full width street through the Quail Ridge Estates, and then as a substandard
street until it dead-ends within the subject property (Exhibit 4, Quail Street). This proposed
development will bring Quail Street through the subject property and connect with West 54th Avenue in the City of Arvada. Much of this Quail Street right-of-way from Quail Ridge Estates to W. 54th Avenue is proposed to be located within the City of Arvada. The development plan for Haskins Station (the project to the west) proposes that as Quail Street extends north from Quail Ridge Estates it shifts
west into the City of Arvada. This is necessitated by the fact that adequate right-of-way does not exist
along Quail Street in front of the two properties which are not redeveloping between Quail Ridge Estates and this proposed Quail Run development. As shown in the section view on Sheet 2 of the ODP, the current development scenario proposes that
only the eastern sidewalk along Quail Street would be located within the City of Wheat Ridge. The
construction of Quail Street is necessary in order for the subject property to develop. If for some reason the Haskins Station project does not advance or does not advance at the same pace, the future Specific Development Plan (SDP) and subdivision plat applications for Quail Run will also not advance to public hearing until there are assurances that an adequately wide Quail Street is able to be constructed
within dedicated right-of-way. These are conditions of approval of this SDP.
In addition to Quail Street, a proposed Pierson Court, and two east-west public streets will provide access within the property. Pierson Court will also extend south and provide access to the detention pond and in anticipation of future street extensions. These will be dedicated by the future subdivision
plat.
Architecture For single family homes, the applicant has proposed a front façade masonry requirement typical of single-family PRD’s in the City, but with an aggregate calculation rather than a requirement for each
Planning Commission 5 Case No. WZ-17-11 / Clark
home. The applicant has requested this aggregate calculation in order to maximize the variation in architectural style between the homes. Staff is supportive of this approach as it will allow for unique and differing styles from house to house, and allow for a range of architectural styles, some of which may not require any masonry, while others rely heavily on the incorporation of masonry.
For the single-family attached (townhomes), the developer has proposed utilizing the City’s Architectural and Site Design Manual for multifamily architecture. The City is supportive of utilizing these existing standards.
Parking
The ODP requires that every home have a garage that accommodates two cars. Additionally, on-street parking has been provided along Pierson Court, Quail Street, and the two east-west public rights-of-way. At the request of adjacent neighborhoods, no on-street parking will be provided along 54th Avenue in Arvada.
Drainage With an ODP, applicants are requested to provide preliminary drainage information that indicates a conceptual design for drainage facilities. A full drainage report and final design is not required until the subsequent SDP or plat applications. The ODP proposes a large detention pond at the southeast
corner of the property, partially located on-site and partially located off-site. The applicant is
negotiating with the property owner to the south to purchase a portion of their property for drainage purposes. It should be noted that the sale of a portion of the neighboring property cannot be finalized until a plat is recorded, officially subdividing the land.
The applicant has also acquired an 8-foot strip of land which runs between 54th Avenue and the
northern edge of Quail Ridge Estates between the subject property and the Skyline Estates subdivision. This area is planned to be utilized for some drainage conveyance. In order for development to occur, the City will need to receive signed agreements between the developer and any affected Parfet Street homeowner. This is a recommended condition of approval.
Relationship to Surrounding Area The site planning for this ODP has been sensitive to the immediately surrounding land uses, while also recognizing this property’s location between two commuter rail stations and the higher density development occurring in the area. Exhibit 5, Area Overview shows this area of Wheat Ridge/Arvada
at a higher level and demonstrates the key catalysts (Arvada Ridge Station and Wheat Ridge · Ward
Station) prompting a variety of development proposals in this area. Much of the existing single-family residential areas were entitled and built prior to RTD’s FasTracks plan being approved by voters in the mid-2000s. As a result of this voter-approved transit investment,
and two stations being located in the immediate area, many vacant or underutilized pieces of land are
currently under construction or undergoing entitlement processes to develop a variety of housing types. These projects include:
• Quail Ridge Estates: small lot single-family development.
• Arvada Ridge 2: additional multi-family north of the existing Arvada Ridge apartments.
• Former Jolly Rancher site: A developer has held a pre-application meeting with Staff regarding a townhome development.
Planning Commission 6 Case No. WZ-17-11 / Clark
• Hance Ranch: the northern portion of the property has been approved for townhomes, and a pre-application meeting has been held with a developer wanting to build multi-family on the southern half.
• Haskins Station: proposal for approximately 500 dwelling units consisting of both large and small lot single-family homes, paired homes, and apartments. Within this context, Quail Run is located halfway between the two rail stations and is immediately
adjacent to existing single-family residential. As such the northern and eastern edges of the property
are buffered with single-family homes. This transitions to townhomes moving southwest towards the proposed Haskins Station development and the development projects occurring around the Wheat Ridge · Ward Station.
IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following
criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area.
By orienting denser residential uses on the west side adjacent to planned future development, and
by buffering the existing Skyline Estates neighborhood with single-family homes, the change of zone will not result in adverse effects on the surrounding area. Portions of the subject property are underutilized, and have been the subject of Code Enforcement
action in the past. The Planned Residential Development zoning is expected to have a positive
impact on the neighborhood both aesthetically and from a property value perspective. The subject site serves as a transition between lower density residential uses to the east and higher intensity uses planned and under construction to the west, and supports compatibility between future redevelopment, existing land uses, and nearby transit stations.
Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property with improvements installed at
the developers’ expense. Should the zone change be approved, a more detailed review will occur at the time of the Specific Development Plan and subdivision plat. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions
exists:
Planning Commission 7 Case No. WZ-17-11 / Clark
a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Envision Wheat Ridge, the City’s 2009 comprehensive plan (Exhibit 6, Comprehensive Plan), identifies this area as a Neighborhood. This designation calls for places for people to own
homes and thrive and where residents of all ages can live safely and comfortably. The plan
includes the following goals for the Neighborhood designation associated with this location:
1. Maintain and enhance the quality and character of Wheat Ridge’s established neighborhoods. 2. Increase housing options.
3. Increase investment and stability in Neighborhood Revitalization Areas.
The buffering of the existing single-family homes will help maintain and enhance the quality and character of the established adjacent neighborhoods in both Wheat Ridge and Arvada.
The proposal provides an increase in housing options for the City. The applicant has proposed a mix of single-family homes and townhomes located approximately half-way between two RTD Gold Line stations, providing potential buyers with several options in close proximity to transit, Interstate 70, and adjacent commercial services.
Finally, this increased investment in the area will help bring stability to underutilized and difficult to maintain large parcels which have been subjected to Code Enforcement action in the past. Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current A-1 zoning designation as it
appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing
character of the area. The areas along Ridge Road between Kipling Street and Ward Road have, and continue to see, development pressure based on the construction of the RTD Gold Line. Closer to Ward Road,
the City of Wheat Ridge has seen development interest that capitalizes upon the proximity to a commuter rail station in the form of townhouse and multi-family developments. Large portions of land near the Wheat Ridge · Ward Station are zoned Mixed Use-Commercial Transit Oriented Development (MU-C TOD), which encourages densities and uses compatible with close proximity to a transit station. The City of Arvada has seen similar interest and
development closer to Kipling Street, with upwards of 350 established apartments and approximately 300 apartments under construction at Arvada Ridge. Between Kipling and Ward, the Skyline Estates subdivision consisting of single-family homes and condos was
Planning Commission 8Case No. WZ-17-11 / Clark
constructed between the early and late 2000s. Quail Ridge Estates, directly to the south of the subject property, is currently under construction. Development interest is also present on the vacant parcel to the west, proposed to have single-family homes, townhomes, and apartments. (Exhibit 5, Area Overview)
The proposed development complements both the existing character and the changing character of the area.
Staff concludes that this criterion has been met.
d.The proposed rezoning is necessary in order to provide for a community need that wasnot anticipated at the time of the adoption of the City of Wheat Ridge comprehensiveplan.
The proposed rezoning does not relate to an unanticipated need. The Comprehensive Plan was
written with the rail station in mind, and anticipated residential neighborhoods at this location.
Staff concludes that this criterion is not applicable.
Staff concludes that the criteria used to evaluate zone change support this request.
V.NEIGHBORHOOD MEETING
Pursuant to section 26-109 of the Code of Laws, the applicant notified all property owners and
residents within 600 feet of the site of the neighborhood meeting. Neighborhood meetings are required
prior to submittal of an application for a zone change.
Prior to the neighborhood meeting Staff received two letters stating concern with the proposed development. Both raised similar concerns regarding high density development and drainage, and one
letter stated concerned about a loss of trees (Exhibit 9, Letters Prior to Neighborhood Meeting).
The neighborhood input meeting was held on December 5, 2017. Approximately 22 members of the public attended the meeting in addition to the applicant and staff. During the meeting concerns were raised about the townhomes fronting 54th Avenue, traffic impacts on Ridge Road, and general
questions regarding architecture, drainage, and potential price points (Exhibit 10, Neighborhood
Meeting Notes).
After the neighborhood meeting and prior to receiving the formal application, Staff received one additional letter (Exhibit 11, Letter After Neighborhood Meeting) which discouraged multi-family
homes in this development, but also stated that if the City will permit multi-family homes, it is
requested they not be located along 54th Avenue, as was proposed on a draft site plan shown at the neighborhood meeting. The letter preferred single-family homes along 54th Avenue for compatibility with the neighboring Skyline Estates neighborhood. The letter also requested parking not be located on 54th Avenue, as was presented on a draft site plan.
Staff and the applicant acknowledged these neighborhood concerns, and as a result the site plan presented to the Planning Commission is different that the plan shown during the neighborhood meeting: the townhomes have been internalized, parking has been removed from 54th Avenue, and all homes along 54th Avenue are single-family homes.
Planning Commission 9 Case No. WZ-17-11 / Clark
Public noticing is also required prior to public hearings. This noticing began on March 1. As of the finalization of this Staff Report on March 9, no comments, letters, or calls have been received by Staff. Any letter submitted between March 9 and the Planning Commission public hearing on March 15 will
be entered into the record and distributed to the Commissioners during the public hearing.
VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding
the ability to serve the property. Specific referral responses follow:
Wheat Ridge Public Works Department: No comments. Valley Water District: Connection can be made via 54th Avenue, applicant needs to work with
Valley Water and Denver Water on creating a secondary access point, likely within Haskins
Station right-of-way. Clear Creek Valley Sanitation District: Applicant will need to work with district to extend the main into the property. Access through the 15-foot Quail Street right-of-way to the south is
acceptable.
Arvada Fire Protection District: Standard comments provided regarding access and compliance with the International Fire Code. Additionally, the applicant requested that two alleys be allowed a minimum unobstructed width of 24 feet wide, when 26 feet is typically
required. Due to the other access options, the Fire District finds this to be an acceptable
modification. City of Arvada: Regarding drainage, Arvada noted that coordination with effected property owners in Skyline Estates is necessary.
Wheat Ridge Police Department: No objection. Century Link: No objection. Xcel Energy: No objection.
VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the
community and will not result in a significant adverse effect on the surrounding area. Staff further
concludes that utility infrastructure is adjacent to and can serve the property at the developer’s expense. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan by promoting neighborhood compatible uses and promoting reinvestment in an older slowly diminishing agricultural peninsula of Wheat Ridge.
Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-17-11.
Planning Commission 10 Case No. WZ-17-11 / Clark
VIII. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WZ-17-11, a request for approval of a zone change from Agricultural-One to Planned Residential Development with an Outline Development Plan (ODP) for property located at 5372 and 5392 Quail Street, for the following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan.
3. The proposed zoning includes a circulation network that supports the City’s
4. The proposed zoning establishes enhanced design controls related to site design and architecture that will result in a high-quality development. 5. The criteria used to evaluate a zone change support the request. And with the following conditions:
1. The Quail Run specific development plan and subdivision plat shall not be reviewed at public hearing until Quail Street has been dedicated as public right-of-way on the adjacent property to the west or on the subject property.
2. If final utility and/or drainage designs affect off-site property owners, written authorization
shall be provided from those owners prior to public hearings for the Quail Run subdivision plat. 3. Revise single-family attached minimum rear yard setback to 15 feet. Option B: “I move to recommend DENIAL of Case No. WZ-17-11, a request for approval of a zone change from
Agricultural-One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 5372 and 5392 Quail Street, for the following reasons:
1.
2. …”
Planning Commission 11 Case No. WZ-17-11 / Clark
EXHIBIT 1: AERIAL
Planning Commission 12 Case No. WZ-17-11 / Clark
EXHIBIT 2: ZONING MAP
Planning Commission 13 Case No. WZ-17-11 / Clark
Attached as an 11x17 document on the following page.
EXHIBIT 3: OUTLINE DEVELOPMENT PLAN
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Planning Commission 15 Case No. WZ-17-11 / Clark
EXHIBIT 4: QUAIL STREET
Subject Property
Quail Ridge Estates
Parcels not being redeveloped
Excerpt from Haskins Station proposal in the
City of Arvada
Shift in Quail Street
in order to accommodate a functional street for Haskins Station and Quail Run.
Planning Commission 16 Case No. WZ-17-11 / Clark
Attached as an 11x17 document on the following page.
EXHIBIT 5: AREA OVERVIEW
Planning Commission 17 Case No. WZ-17-11 / Clark
EXHIBIT 6: COMPREHENSIVE PLAN
Ki
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S
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Subject Property
Planning Commission 18 Case No. WZ-17-11 / Clark
EXHIBIT 7: APPLICANT LETTER
Planning Commission 19 Case No. WZ-17-11 / Clark
Planning Commission 20 Case No. WZ-17-11 / Clark
Planning Commission 21 Case No. WZ-17-11 / Clark
Planning Commission 22 Case No. WZ-17-11 / Clark
EXHIBIT 8: SITE PHOTOS
View of the subject properties looking north along Quail Street. 5372 Quail Street can be seen in the
foreground, while 5392 Quail Street can be seen through the trees in the background of the photo.
View of 5392 Quail Street looking southwest from 54th Avenue. The area closest to the fence is proposed to be single-family homes. Off the image, across 54th Avenue, to the right are existing
Skyline Estates single-family homes.
Planning Commission 23 Case No. WZ-17-11 / Clark
View of Quail Street looking north from Ridge Road, within the Quail Ridge Estates Subdivision. This image demonstrates the improvements that will be made to Quail Street, and what is currently the only access point into the subject property.
View of Quail Street looking north from 53th Avenue within the Quail Ridge Estates subdivision. This is the point where Quail will shift into the City of Arvada to the left. The home that can be seen in this photo is not redeveloping, nor is the home to the north. Only 15-feet of dedicated right-of-way exists where the dirt road begins in this photo, necessitating the shift of Quail Street westward.
Planning Commission 24 Case No. WZ-17-11 / Clark
View of 54th Avenue looking east. Existing Skyline Estates single-family homes can be seen on the
left (north) side of this photo. The subject property is located to the right (south), behind the fence.
View of existing multi-family homes in Skyline Estates.
Planning Commission 25 Case No. WZ-17-11 / Clark
EXHIBIT 9: LETTERS PRIOR TO
NEIGHBORHOOD MEETING
Planning Commission 26 Case No. WZ-17-11 / Clark
Planning Commission 27 Case No. WZ-17-11 / Clark
Planning Commission 28 Case No. WZ-17-11 / Clark
Planning Commission 29 Case No. WZ-17-11 / Clark
Meeting Date: December 5, 2017
Attending Staff: Meredith Reckert, Senior Planner
Zack Wallace Mendez, Planner II
Scott Cutler, Planning Technician
Location of Meeting: Wheat Ridge Recreation Center
Property Address: 5352-5392 Quail Street
Property Owner(s): Joel & Dawn Lubker (5352 Quail Street) Gregory Skalla (5372 Quail Street)
Arthur Joel Aho Revocable Trust & Barbara Jean Aho
Revocable Trust (5392 Quail Street)
Applicant: Summer Clark
Applicant Present? Yes
Existing Zoning: Agricultural-One (A-1)
Existing Comp. Plan: Neighborhood
Existing Site Conditions: The subject properties are located along Quail Street north of Ridge Road and are currently unplatted. The site currently consists of three lots at the north end of Quail Street. Each lot is zoned Agricultural-One (A-1), each lot is under separate ownership, and each contains a
single family home and various outbuildings.
To the south at the intersection of Ridge and Quail Streets is a Planned Residential Development, Quail Ridge Estates, which is subdivided to allow the construction of single-family homes. It is currently under construction by Remington Homes. To the north, east, and west are properties in the
City of Arvada. The property to the west is undeveloped, and properties to the north and east consist of
single-family homes. Applicant Preliminary Proposal: The applicant would like to rezone and subdivide the property to develop 55 homes (11 single family, and 44 quadplex units). The single-family homes act as a
transition from the lower density Skyline Estates subdivision on the east to the proposed quadplexes.
The property owner of the southern parcel is not fully participating in the subdivision. The eastern half of the property will be retained for a detention pond and a future street, and the western half will be retained along with the existing home and barn.
The following is a summary of the neighborhood meeting:
EXHIBIT 10: NEIGHBORHOOD MEETING
Planning Commission 30 Case No. WZ-17-11 / Clark
• In addition to the applicant and staff, approximately 22 residents and property owners from the neighborhood attended the meeting; see attached sign-up sheets.
• Staff explained the purpose of the neighborhood meeting, and informed the members of the public of the process for a rezone to Planned Residential Development (PRD)
• Staff discussed the site, its zoning and surroundings.
• The applicant presented their proposal and answered further questions, with help from staff.
• The members of the public were informed of their opportunity to make comments during the process and at the required public hearings. The following issues were discussed regarding the zone change request and proposed development: Streets and Parking
• Will Quail Street continue through to W. 54th Avenue?
Yes.
• How will the proposed parking along W. 54th Avenue affect the Arvada residents across the street? The applicant is working with the City of Arvada. Arvada has requested improvements to the
southern portion of 54th Avenue along the subject property, which include sidewalks, on-street
parking, and potentially bike lanes. The development itself will not infringe into the City of
Arvada.
• Concerns were raised about traffic and the capacity of the surrounding roads.
Staff noted that street connections are required and must meet Wheat Ridge standards if they
are located in the City. They also noted that street designs and connections are being
coordinated with the City of Arvada. The applicant noted that the southerly connection would focus on commerce and vehicles approaching I-70 and the TOD site, and the northerly connection would focus on pedestrian access to recreational facilities in Arvada.
• Will there be on-street parking on Quail Street?
Yes.
• Will Quail Street be widened? Quail Street will need to follow street standards set forth by the City of Wheat Ridge and the
City of Arvada. These standards and construction timelines are being coordinated and
upgrades will be required as part of development on both sides of the street. A trip generation letter will be required by the City of Wheat Ridge as part of the ODP application. When a formal application is received, the City of Arvada will be referred on the application and will have the opportunity to provide comments.
• Concerns were raised about the lack of coordination between Wheat Ridge, Arvada, and Jefferson County regarding streets, and development in general. Staff noted they have met with Arvada several times and are coordinating efforts on street construction and connectivity as well as drainage. The cities are coordinating a
“Memorandum of Understanding” regarding the roads.
Site Design & Architecture
• How many stories will the homes be along 54th Ave.?
While subject to change, the idea is two stories; however, all residential development in the
City of Wheat Ridge is allowed up to 35’ in height.
Planning Commission 31 Case No. WZ-17-11 / Clark
• What is the square footage of the single-family lots? They will likely be the same size or a little larger than the Quail Ridge Estates development to the south, which are approximately 6,500 to 7,500 square feet. The applicant noted the goal is
to provide lots of at least 7,000 square feet.
• Several residents were concerned about the 4-plexes along W. 54th Avenue as they are not compatible with the single-family homes to the north. It was suggested that single-family homes be relocated to front along 54th and the 4-plexes be placed to be internal to the site along the west
side of Pierson Street.
The applicant noted the suggestion and added that the 4-plexes would not detract from nearby
home values as they will be underwritten as single-family homes and would be sold for approximately $500,000.
• What are the proposed designs of the single-family homes and 4-plexes?
The plans are still in the conceptual stage, and will get more specific once a builder is
confirmed. Staff noted that the Specific Development Plan, the second piece of the zone change, would focus on the architecture and site design.
• Will there be a fence along W. 54th Avenue?
No, the homes will face the street (front yards) with sidewalks allowing access for residents to
pass through from 54th into the development.
• Why aren’t there more single-family homes and less 4-plexes? The applicant noted that they need to strike a balance between neighborhood transitions and balancing finances. This proposal was a result of a year of planning and plan iterations.
• What is the possibility of the plan changing?
That is up to the applicant. The plans will be subject to a review process through the City of Wheat Ridge, outside utility agencies, and public hearings at Planning Commission and the City Council.
General Development Questions
• Who is the engineer on the project?
Juster Civil Engineering, which also developed part of the neighboring Skyline Estates in
Arvada.
• Who is the builder? Unclear at this point. The applicant is discussing options with various builders.
• Where are the surrounding development proposals in their approvals process?
Staff noted that these developments are in the City of Arvada. The vacant parcel to the west (Haskins Station) has submitted an application to Arvada, which shows 54th Avenue curving to the south to eventually connect with Ridge Road.
• What are the potential list prices for the homes?
The applicant noted that units in the 4-plexes would likely be listed for $500,000 each, and the single-family homes would be listed for more.
• What about drainage?
The applicant noted interested parties should discuss with the Civil Engineer, and that she
would provide his contact information.
• Concerns were raised about owls that currently live in trees on the property. The applicant was not aware of the owls and noted that diseased or dead trees would need to be removed.
• How does City staff feel about the development?
Planning Commission 32 Case No. WZ-17-11 / Clark
Staff noted that the City supports a variety of housing options and that current housing trends
are moving away from single-family development to mixed housing types or attached homes. The City wants compatibility with adjacent development and has been coordinating this for some time.
• How will this affect local schools?
This area is part of the Jefferson County Public School District. Jefferson County schools will be referred on this application and will have the opportunity to provide comment. Staff noted that some schools in Wheat Ridge have actually closed due to low enrollment.
• Who will be responsible for the street frontages on W. 54th Avenue and Quail Street?
Landscaping maintenance will be handled by the HOA.
Planning Commission 33 Case No. WZ-17-11 / Clark
EXHIBIT 11: LETTER AFTER
NEIGHBORHOOD MEETING
Planning Commission 34 Case No. WZ-17-11 / Clark
Planning Commission 35 Case No. WZ-17-11 / Clark
Staff Note: This was the draft site plan presented at the
neighborhood meeting on December 5, 2017 which was also included with this letter.
ATTACHMENT 3
ITEM NO:
DATE: April 23, 2018
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 25-2018 – A RESOLUTION ESTABLISHING A STREET WIDTH FOR 29TH AVENUE FROM KENDALL STREET TO FENTON STREET, FOR FENTON STREET FROM 29TH AVENUE TO 30TH AVENUE, AND FOR 30TH AVENUE FROM HARLAN STREET TO FENTON STREET
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Director of Public Works City Manager ISSUE:
The City Council approved a Special Use Permit (SUP) and an Intergovernmental Agreement (IGA) with Denver Water on September 10, 2012, to allow for reconstruction of the Ashland Reservoir on property located at 2901 Fenton Street, including improvements to the adjacent streets upon completion of the reservoir construction. In conjunction with Denver Water’s
project, the City had planned to straighten the portion of 29th Avenue adjacent to the reservoir,
just west of Fenton Street. In order to simplify design and construction coordination, the City Council approved an IGA with Denver Water on June 12, 2017, to construct the street improvements and be reimbursed by Denver Water for their share. In accordance with the requirements of the City Charter, the street widths were established last year in accordance with
the established process.
Soon after, the City was approached by the City of Edgewater with a development proposal for the vacant land south of 29th Avenue between Kendall and Ingalls Streets. Edgewater also desires to construct a waterline between Kendall and Gray Streets. Both Cities decided to coordinate the
Council Action Form – Street Width Designations
April 23, 2018
Page 2 design and construction work to minimize the impact to traffic on 29th Avenue. Both Cities are
well underway with the design work with construction anticipated to commence immediately
after the Colorado Classic bike race on August 18, 2018. Since the project scope has expanded the full width construction of 29th Avenue to Kendall Street, and it has been one year since the street width east of Ingalls Street was designated by Council on April 24, 2017, a new street width designation is required in accordance with the provisions of the City Charter.
PRIOR ACTION: On September 10, 2012, the City Council approved a SUP with Denver Water to allow for reconstruction of the Ashland Reservoir to replace the original concrete-lined ponds with two smaller tanks. At that same meeting, an IGA was also approved that outlined
the responsibilities of Denver Water and the City for improvements to the adjacent
streets. On April 24, 2017, the City Council designated the street width for 30th Avenue and Fenton Street adjacent to the Denver Water property. Also included was 29th Avenue between Ingalls and Fenton Streets. On April 4, 2016, and March 7, 2018, neighborhood informational meetings were held to discuss the proposed improvements with
neighboring property owners and stakeholders. The second neighborhood meeting
included the new segment of 29th Avenue between Kendall and Ingalls Streets. Feedback received at both informational meetings was generally positive. FINANCIAL IMPACT: Funding for the portion of the project that was originally Denver Water’s responsibility will be
provided by Denver Water. Likewise, Edgewater will be responsible for the portions of the project within their jurisdiction as well as the cost of the waterline. Denver Water and Edgewater will provide their respective portions of the funding of the project once the bids have been received. Completion of an IGA with the City of Edgewater is currently being developed and is
expected to be presented to Council for approval at the June 11, 2018 regular meeting.
The total project cost is estimated at $1,570,000, which is included in the Minor Street Improvement Project line item of the 2018 Capital Improvement Program Budget. The City will be reimbursed by Denver Water and Edgewater in the amount of $733,375.
BACKGROUND: The City of Denver has maintained water storage reservoirs at the Ashland site since the 1890s. The previous 41-million gallon reservoirs are being replaced with two 10-million gallon concrete tanks.
The SUP required that Denver Water add streetscape improvements to the adjacent streets, 29th and 30th Avenues and Fenton Street. The IGA required that Denver Water assist in the reconstruction of 29th Avenue to straighten the street. This also included dedication of right-of-way along 29th Avenue. Denver Water was assigned responsibility for reconstructing the north
half of 29th Avenue along their frontage with the City being responsible for the remainder of 29th
Avenue.
Council Action Form – Street Width Designations
April 23, 2018
Page 3 As the City has continued to work with Denver Water on this project, it was determined in the
best interest of both entities, to include Denver Water’s portion of the street and streetscape
construction into the City’s project. This simplifies the design, construction coordination, and would result in better pricing since all of the work would be done as one large project. In order to provide a logical starting point for the straightening of 29th Avenue, the western limit was extended to Ingalls Street, with the eastern limit at the alley between Fenton and Eaton Streets.
In mid-June 2017, the City was notified by the City of Edgewater of a potential development proposal for the vacant land south of 29th Avenue between Kendall and Ingalls Streets. Although this development project has been delayed, Edgewater is still interested in completing the improvements on their side of 29th Avenue. This is primarily due to the fact that Edgewater
desires to construct a waterline between Kendall and Gray Streets. The line currently stops just
south of the intersection of Kendall Street and 29th Avenue and must be frequently blown out (flushed) due to water quality issues caused by stagnation. Both Cities saw numerous advantages in coordinating the design and construction work,
including minimizing the impact to the traffic on 29th Avenue by combining the waterline project
with the street project. The City is currently adding the segment of 29th Avenue to the plans for the remainder of the project. Edgewater is currently preparing the waterline plans, and they will be incorporated to the City’s construction plan set. The City will provide the construction oversight with the waterline construction being inspected by Edgewater.
The 29th Avenue portion of the project includes three street widths, depending on where on-street parking is included, as illustrated in the accompanied exhibits. Between Kendall and Ingalls Streets, parking is provided on both sides for most of the segment. Between Ingalls and Gray Streets, only pockets of on-street parking will be provided due to the large number of driveways.
Between Gray and Fenton Streets, parking is being provided on the south side of 29th Avenue.
Fenton Street will be widened by two feet to achieve the standard width for local streets with on-street parking on both sides. Gray Street will be narrowed to achieve that same width. RECOMMENDATIONS: Street Width Designation and Process
Approval of a revised street width is required in accordance with Section 5.20 of the City Charter. Any change or revision to the width of affected streets has been reviewed in accordance with the City Code, Section 21-3, as follows:
1. Flow line
a. The flow line defines the width of the street and can be described as the face-of-curb to face-of-curb distance. This has been interpreted/understood to include any on-street parking.
b. The existing flow line width for 29th Avenue west of Fenton Street varies between
23 and 27 feet, as this is a rural section without curb and gutter. East of Fenton
Street, the street width of 40 feet will not be changing with the realignment. The
Council Action Form – Street Width Designations
April 23, 2018
Page 4 proposed new construction provides for a flow line width of 38 feet between
Kendall and Ingalls Streets, 26 feet between Ingalls and Gray Streets, and 32 feet
between Gray and Fenton Streets. These section widths provide for two 11-foot-wide travel lanes in all segments and six-foot parking lanes on either one or both sides in the wider segments. See Attachment 2 for the proposed street plans.
c. The existing flow line width for Fenton Street (29th Ave. to 30th Ave.) is 36 feet.
The proposed new construction provides for a flow line width of 38 feet. This
section width provides for two 11-foot-wide travel lanes and six-foot parking lanes on both sides. See Attachment 3 for the proposed street plans.
d. The existing flow line width for 30th Avenue (Fenton St. to Harlan St.) is 44 feet. The proposed new construction provides for a flow line width of 38 feet. This
section width provides for two 11-foot-wide travel lanes and six-foot parking
lanes on both sides. See Attachment 4 for the proposed street plans.
2. Street Reconstruction
a. Street reconstruction is defined per the City Code as at least 250 feet long and includes the removal of existing pavement, curb, and/or gutter and construction of
the same.
3. Public Hearing Process
a. No earlier than one year prior to reconstruction, a public hearing is required to designate a change in street width. The segments designated at the Council meeting on April 24, 2017 have been included with the new segment due to the
project construction being delayed by more than one year.
b. After the public hearing on April 23, 2018, some form of construction must occur by April 23, 2019. This has been interpreted by the City Attorney as the issuing of a Notice to Proceed (NTP) to a contractor who has been awarded a contract through the public bidding process.
c. Upon approval of a street width designation at the public hearing, citizens who
wish to protest must follow a procedure per City Charter that involves a petition process.
Additional Considerations/Next Steps Should the City Council adopt a revised street width on April 23, 2018, construction must
commence within one year as required by City Code. Since staff is already well into the design
process and expects to issue the NTP by mid-August 2018, maintaining this timeline and project delivery is very doable at this stage, pending any unforeseen issues. RECOMMENDED MOTION: “I move to approve Resolution No. 25-2018, a resolution establishing a street width for 29th
Avenue from Kendall Street to Fenton Street, for Fenton Street from 29th Avenue to 30th Avenue, and for 30th Avenue from Harlan Street to Fenton Street.”
Council Action Form – Street Width Designations
April 23, 2018
Page 5 Or,
“I move to postpone indefinitely Resolution No. 25-2018, a resolution establishing a street width for 29th Avenue from Kendall Street to Fenton Street, for Fenton Street from 29th Avenue to 30th Avenue, and for 30th Avenue from Harlan Street to Fenton Street for the following reason(s), .”
REPORT PREPARED/REVIEWED BY: Scott Brink, Director of Public Works Steve Nguyen, Engineering Supervisor Mark Westberg, Engineering Project Manager
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 25-2018 2. Proposed Street Plan – 29th
3. Proposed Street Plan – Fenton
4. Proposed Street Plan – 30th
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 25
Series of 2018
TITLE: A RESOLUTION ESTABLISHING A STREET WIDTH FOR 29TH AVENUE FROM KENDALL STREET TO FENTON STREET, FOR FENTON STREET FROM 29TH AVENUE TO 30TH
AVENUE, AND FOR 30TH AVENUE FROM HARLAN STREET TO FENTON STREET WHEREAS, City Council approved a Special Use Permit with Denver Water on September 10, 2012, to allow reconstruction of the Ashland Reservoir on property
located at 2901 Fenton Street which included street improvements to the adjacent
streets; and
WHEREAS, City staff has completed preliminary plans for those street improvements; and
WHEREAS, the preliminary plans establish new street widths on 29th Avenue
from Kendall Street to Fenton Street, on Fenton Street from 29th Avenue to 30th Avenue,
and on 30th Avenue from Harlan Street to Fenton Street; and
WHEREAS, City Charter Section 5.20 designates the City Council as the sole authority to determine the width of all city streets within the boundaries of the City of Wheat Ridge; and
WHEREAS, within one (1) year prior to construction or reconstruction of a street,
the City Council shall hold a public hearing and adopt the new flowline of said street as the street’s official street width designation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that:
Section 1. New Street Width Designation. Pursuant to the authority vested in it
by Charter Section 5.20, the City Council hereby designates street widths for portions of 29th Avenue, Fenton Street, and 30th Avenue, as follows:
a. 38 feet for that portion of West 29th Avenue located between Kendall Street and Ingalls Street
b. 26 feet for that portion of West 29th Avenue located between Ingalls Street
and Gray Street
c. 32 feet for that portion of West 29th Avenue located between Gray Street and Fenton Street
d. 38 feet for that portion of Fenton Street located between West 29th Avenue
and West 30th Avenue
ATTACHMENT 1
2
e. 38 feet for that portion of West 30th Avenue located between Harlan Street and Fenton Street
Section 2. This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this 23th day of April, 2018.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
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ITEM NO: DATE: April 23, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 11-2018 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4650
WADSWORTH BOULEVARD FROM RESIDENTIAL-TWO (R-
2) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO.
WZ-18-06/BIELICH) PUBLIC HEARING ORDINANCES FOR 1ST READING (04/23/2018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/14/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________ Community Development Director City Manager ISSUE:
The applicant is requesting approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) for property located at 4650 Wadsworth Boulevard. The proposed rezoning area includes one parcel, the total size of which is approximately one-third
of an acre.
PRIOR ACTION: Planning Commission heard the request at a public hearing on April 5, 2018, and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be
included with the ordinance for second reading.
FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $825 were collected for the review and processing of Case No. WZ-18-06.
Council Action Form – Rezoning Property at 4650 Wadsworth Boulevard
April 23, 2018
Page 2 BACKGROUND: The subject property is located at 4650 Wadsworth Boulevard. The property is approximately a
third of an acre in size and located on the east side of Wadsworth Boulevard, between W. 46th Avenue and W. 48th Avenue. Currently the property contains one structure, a duplex. The duplex was built in 1951, per the Jefferson County Assessor. There is a parking area in the front of the duplex as well as additional space in the rear of the lot, which is currently gated.
Surrounding Land Uses The property is currently zoned Residential-Two (R-2). Surrounding properties include a variety of commercial and residential uses. Properties along Wadsworth Boulevard are primarily commercial in nature, though north of W. 46th Avenue, the Wadsworth corridor transitions to
smaller lots and more residential uses. Properties to the east are zoned R-2 and contain mostly
single-family homes, with some duplexes. This same condition applies to the properties beyond Wadsworth Boulevard to the west. Properties to the north and south are zoned Restricted Commercial (R-C) and contain light commercial uses. The property across Wadsworth to the west is zoned Residential-Three (R-3), and the property at the corner of W. 47th Avenue and
Wadsworth is zoned Mixed-Use Neighborhood (MU-N); both properties contain residential uses.
Current and Proposed Zoning The property is currently zoned Residential-Two (R-2). This zone district allows single-family homes, duplexes, and associated home occupations.
The applicant is requesting the property be rezoned to Mixed Use-Neighborhood, a zone district intended to provide medium density mixed-use development. In addition to residential and office uses, it allows for a range of neighborhood-serving commercial and retail uses. RECOMMENDATIONS:
The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10;
Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes
place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant
and all interested parties have their due process rights to a hearing, the City Attorney advises
Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission packet and minutes will be included in the City Council packet for the public hearing.
Council Action Form – Rezoning Property at 4650 Wadsworth Boulevard
April 23, 2018
Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 11-2018 an ordinance approving the rezoning of property
located at 4650 Wadsworth Boulevard from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) on first reading, order it published, public hearing set for Monday, May 14, 2018 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication.”
REPORT PREPARED/REVIEWED BY:
Scott Cutler, Planner I Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 11-2018
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 11 ORDINANCE NO. _________ Series of 2018
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4650 WADSWORTH BOULEVARD FROM RESIDENTIAL-TWO (R-2) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-06 / BIELICH)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and,
WHEREAS, Luis Bielich has submitted a land use application for approval of a
zone change to the Mixed Use-Neighborhood (MU-N) zone district for property located
at 4650 Wadsworth Boulevard; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—Envision Wheat Ridge—which calls for a mix of land uses and reinvestment along
Wadsworth Boulevard by virtue of it being designated a primary commercial corridor;
and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on April 5, 2018 and voted to recommend approval of rezoning the property to Mixed-
Use-Neighborhood (MU-N).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Luis Bielich for approval of a zone change
ordinance from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) for property located at 4650 Wadsworth Boulevard, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described
land:
A parcel of land situated, lying and being in the County of Jefferson, State of Colorado, described as follows, to wit: LOT 5, BLOCK 1, CLEAR CREEK VISTA, EXCEPT THE WEST 10 FEET OF
SUBJECT PROPERTY AS CONVEYED TO THE DEPARTMENT OF
HIGHWAYS BY THE STATE OF COLORADO IN DEED RECORDED MAY 13, 1959 IN BOOK 1193 AT PAGE 189, COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
ATTACHMENT 1
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 23rd day of April, 2018, ordered it published with Public Hearing and consideration
on final passage set for Monday, May 14, 2018 at 7:00 o’clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _____ to _____, this _____ day of ___________, 2018.
SIGNED by the Mayor on this _______ day of _______________, 2018.
______________________________________
Bud Starker, Mayor ATTEST:
_______________________________________ Janelle Shaver, City Clerk Approved as to Form
_______________________________________ Gerald Dahl, City Attorney
1st publication:
2nd publication: Wheat Ridge Transcript: Effective Date:
ITEM NO: DATE: April 23, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 10-2018 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11221 WEST
44TH AVENUE FROM COMMERCIAL-ONE (C-1) AND
AGRICULTURAL-ONE (A-1) TO MIXED USE-
NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-07/CHRISP) PUBLIC HEARING ORDINANCES FOR 1ST READING (04/23/2018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/14/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________ Community Development Director City Manager ISSUE:
The applicant is requesting approval of a zone change from Commercial-One (C-1) and Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) for property located at 11221 W. 44th Avenue.
The proposed rezoning area includes one parcel, the total size of which is approximately 2.25 acres. PRIOR ACTION: Planning Commission heard the request at a public hearing on April 5, 2018, and recommended
approval. The staff report and meeting minutes from the Planning Commission meeting will be
included with the ordinance for second reading. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the
amount of $1,105.87 were collected for the review and processing of Case No. WZ-18-07.
Council Action Form – Rezoning Property at 11221 W. 44th Ave
April 23, 2018
Page 2 BACKGROUND: The subject property is located at 11221 W. 44th Avenue, in the northwestern quadrant of the City.
It is located on the north side of 44th Avenue, west of Pierson Street and currently contains a series of structures. On the western half of the property there are four single-family homes. The first home (the largest one nearest 44th Avenue) was constructed in 1869, with the other three homes all being constructed in 1909, according to the Jefferson County Assessor. The existing
improvements on the property are considered non-conforming, as the zoning on this portion of the
property, Agricultural-One, allows for only one single-family home on a minimum of one acre of land. The construction of these homes pre-dates the City of Wheat Ridge, and zoning in general, as Jefferson County did not adopt its first zoning code until the early 1940s. On the eastern half of the property there is one structure, listed as a “Nightclub, Bar Lounge” by the Jefferson County
Assessor, which was licensed by the City as a tavern until recently. This structure was constructed
in 1942 and features a large parking lot to the rear of the building. The property currently consists of one parcel, despite the split zoning and multiple structures. The only land use case in City records is a zone change in 1977 from Agricultural-One to Commercial-
One for the rear portion of the eastern half of the property, where the tavern parking lot is
currently located. The case file notes the zone change for the rear portion of the lot was to allow for a parking lot to be constructed behind the tavern. At that point in time the tavern was already zoned C-1. Staff was unable to find record of any zone change for the tavern area of the property. Since this structure was constructed in the early 1940s, at the same time as Jefferson County was
establishing its first zoning code, it is possible the commercial zoning has existed on this portion
of the property since the County’s first assignment of zone districts. Surrounding Land Uses The surrounding properties include a variety of zoning designations and land uses. To the north of
the subject property is the City of Wheat Ridge Public Works Maintenance Shop, zoned Public
Facilities (PF). To the east are properties zoned Residential-Two (R-2) and Commercial-One (C-1), utilized for single-family homes and commercial businesses, respectively. To the south of the subject property is 44th Avenue, and a series of properties zoned C-1 and utilized for a variety of commercial, retail, and office establishments, in addition to a Planned Residential Development
(PRD), for the Parkside patio home development. To the southeast is the City of Wheat Ridge’s
Prospect Park, zoned A-1. To the west of the subject property are a series of properties zoned A-1 and Residential-One (R-1), all utilized residentially. Further to the west and extending to Robb Street is zoned A-1 and contains the Baugh House, owned by the City of Wheat Ridge. The Baugh house is a building of historical significance to the City, County, and State; it is listed on the
National Register of Historic Places and the Colorado State Register of Historic Properties.
Current and Proposed Zoning The applicant is requesting the property be rezoned to Mixed Use-Neighborhood, a zone district intended to provide medium density mixed-use development. In addition to residential and office
uses, it allows for a range of neighborhood-serving commercial and retail uses. MU-N zoning in
intended for “neighborhood main streets,” such as 44th Avenue and 38th Avenue.
Council Action Form – Rezoning Property at 11221 W. 44th Ave
April 23, 2018
Page 3 The property is currently zoned Agricultural-One (A-1) and Commercial-One (C-1). The A-1 zone
district was established to allow for residential estate living within a quasi-rural or agricultural
setting. This zone district allows single-family homes on a minimum of one acre of land in addition to a variety of agricultural related uses such as farming, farmers markets, produce stands, riding academies and public stables, in addition to governmental buildings and schools. The C-1 zone district was established to accommodate a wide range of commercial uses, such as office,
general business, retail sales, and service establishments, which are oriented towards the
community or entire region.
RECOMMENDATIONS The application in this case is for the rezoning of property. This action is quasi-judicial, and as a
result, the applicant is entitled to a public hearing on the application. As Council is aware,
rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading.
First reading in these cases is a procedural action that merely sets the date for the (second reading)
public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited.
The Planning Commission packet and meeting minutes will be provided in the public hearing
packet. RECOMMENDED MOTION: “I move to approve Council Bill No. 10-2018 an ordinance approving the rezoning of property
located at 11221 W. 44th Avenue from Commercial-One (C-1) and Agricultural-One (A-1) to
Mixed Use-Neighborhood (MU-N) on first reading, order it published, public hearing set for Monday, May 14, 2018 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication.”
REPORT PREPARED/REVIEWED BY:
Zack Wallace Mendez, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 10-2018
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________
COUNCIL BILL NO. 10 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 11221 WEST 44TH AVENUE FROM COMMERCIAL-ONE (C-1) AND AGRICULTURAL-ONE (A-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-07 / CHRISP)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Chris Wedgwood has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for property
located at 11221 West 44th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a mix of land uses along W. 44th Avenue by virtue of it being designated a neighborhood commercial corridor; and,
WHEREAS, the City of Wheat Ridge has adopted a subarea plan—Fruitdale
Subarea Plan—which calls for a mix of uses within this area of 44th Avenue; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on April 5, 2018 and voted to recommend approval of rezoning the property to Mixed-Use-Neighborhood (MU-N), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Francesca Chrisp for approval of a zone change ordinance from Commercial-One (C-1) and Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) for property located at 11221 W. 44th Avenue, and pursuant to the findings made based on testimony and evidence presented at a
public hearing before the Wheat Ridge City Council, a zone change is approved
for the following described land: A parcel of land situated, lying and being in the County of Jefferson, State of Colorado, described as follows, to wit:
THAT PORTION OF THE EAST HALF (E1/2) OF THE NORTHWEST QUARTER
(NW1/4) OF SECTION TWENTY-ONE (SEC. 21), TOWNSHIP THREE (3) SOUTH OF RANGE SIXTY-NINE (69) WEST, COMMENCING AT THE POINT OF INTERSECTION OF THE WEST LINE OF SAID LAND AND THE NORTH LINE OF THE COUNTY ROAD, KNOWN AS THE NORTH GOLDEN AND
DENVER ROAD, JEFFERSON AVENUE OR WEST FORTY-FOURTH
AVENUE, RUNNING THENCE NORTH ALONG THE WEST LINE OF SAID LAND SEVEN HUNDRED AND TEN (710) FEET, THENCE EASTERLY TWO
HUNDRED FIFTY-FIVE (255) FEET, THENCE SOUTH PARALLEL WITH THE
WEST LINE OF SAID LAND SEVEN HUNDREND AND TEN FEET (710) TO THE NORTH LINE OF SAID ROAD, THENCE WESTELY TWO HUNDRED FIFTY-FIVE (255) FEET TO THE PLACE OF BEGINNING;
EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF WHEATRIDGE, A
MUNICIPAL CORPORATION, BY INSTRUMENTS RECORDED NOVEMBER 18, 1970 IN BOOK 2221 AT PAGE 663, JANUARY 12, 1971 IN BOOK 2231 AT PAGE 545, JUNE 30, 1978 AS RECEPTION NO. 78059221, AND OCTOBER 21, 1985, AS RECEPTION NO. 85101326; AND EXCEPT ANY PORTION
LYING WITHIN BLAGDON SUBDIVION, RECORDED NOVEMBER 22, 1955 IN
PLAT BOOK 15 AT PAGE 45, TOGETHER WITH THE EAST 2 FEET OF THE E1/2 OF THE NE1/4 OF THE SW1/4 OF THE NW1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69
WEST, EXCEPT THOSE PORTIONS CONVETYED TO THE CITY OF
WHEATRIDGE, A MUNICIPAL CORPORATION, BY INSTRUMENTS RECORDED NOVEMBER 18, 1970 IN BOOK 2221 AT PAGE 663 AND JUNE 30, 1978 AS RECEPTION NO. 78059221.
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 23rd day of April, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, May 14, 2018 at 7:00 o’clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2018. SIGNED by the Mayor on this _______ day of _______________, 2018.
______________________________________ Bud Starker, Mayor
ATTEST:
_______________________________________ Janelle Shaver, City Clerk
Approved as to Form
_______________________________________
Gerald Dahl, City Attorney 1st publication:
2nd publication:
Wheat Ridge Transcript: Effective Date:
ITEM NO: DATE: April 23, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE APPOINTMENT OF REPRESENTATIVES TO THE OUTSIDE AGENCY PROGRAM CITIZEN REVIEW COMMITTEE
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager
ISSUE: The purpose of creating the Outside Agency Review Program Citizen Review Committee is to provide an additional opportunity for citizens to participate in the budget process. This committee gives citizens the opportunity to weigh community needs with available resources and
provide recommendations to City Council.
FINANCIAL IMPACT: None
BACKGROUND: The current committee recommended to have one member in each district serve another year to stagger one new member and one experienced member in each district. We advertised for the committee on our website, social media, Mayor’s Matters, and in the Wheat Ridge Transcript.
Current members will be appointed to expire in 2018 after recommendations are presented. New members will be appointed to serve on the committee in May/June 2018. The second year of their term will be in May/June 2019, to expire after recommendations are presented in 2019. We have seven people interested in serving on the committee, which is one person less than last year, but we anticipate a smooth transition.
Outside Agency Program Review Committee Appointments
April 23, 2018
Page 2 District I: District II:
1. Scott Wesley (Current Member) 1. Carla Mead (Current Member)
2. Alejandra Major (Applicant) 2. ______________________________ District III: District IV: 1. Margie Robinson (Applicant) 1. John Clark (Current Member)
2. 2. Tracy Langworthy (Current Member)
3. Sunny Garcia (Applicant) Applications for organizations requesting funding allotments are due April 23, 2018. The review committee meetings will be Thursday nights 6-8:30pm: May 10, May 17, May 24, and May 31.
The final recommendation decision meeting is June 7. The committee or representatives will
present to council on June 18th Attachment 1 includes all the applications received by the April 17th due date by interested individuals. RECOMMENDED MOTIONS: For Current Members:
“I move to appoint ______________________ to the Outside Agency Program Citizen Review Committee, District ____, term to expire after 2019 budget recommendations are presented in 2018.”
For New Members: “I move to appoint ______________________ to the Outside Agency Program Citizen Review Committee, District ____ , term to expire after 2020 budget recommendations are presented in
2019.”
REPORT PREPARED/REVIEWED BY: Carolyn Lorentz, Assistant to the City Manager Patrick Goff, City Manager
ATTACHMENTS: 1. Outside Agency Citizen Review Committee Applications
ATTACHMENT 1