HomeMy WebLinkAboutCouncil Agenda Packet 05-14-18
AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 14, 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 April 9, 2018 and April 23, 2018 and Study Session Notes of April 16, 2018 and May 7, 2018 PROCLAMATIONS AND CEREMONIES
Active Living Month National Police Week Public Works Week Municipal Clerk’s Week 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
CITY COUNCIL AGENDA: May 14, 2018 Page -2-
1. CONSENT AGENDA
a. Motion to approve payment to Kaiser Permanente for May 2018 Membership Billing
in the amount of $179,840.88 b. Motion to approve the installation of a Traffic Calming Device on Benton Street between 35th Avenue and 38th Avenue in accordance with the Neighborhood Traffic Management Program
c. Motion to approve payment to Colorado State Bank and Trust for a Bond Interest
Payment in the amount of $552,650 for the City of Wheat Ridge, Colorado, Sales and Use Tax Revenue Bonds, Series 2017A PUBLIC HEARING AND ORDINANCES ON SECOND READING
2. 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)
3. Council Bill 11-2018 – approving the Rezoning of property located at 4650 Wadsworth Blvd. from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) (Case No. WZ-18-06/Bielich)
ORDINANCES ON FIRST READING 4. Council Bill 13-2018 – approving the Rezoning of property located at 12600 West 42nd Avenue from Agriculture-One (A-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan (ODP) (Case No. WZ-18-08/Ball)
5. Council Bill 14-2018 – approving the Rezoning of property at 7955 West 42nd Avenue from Residential-Two (R-2) to Planned Residential Development (PRD) and for approval of an Outline Development Plan (ODP) (Case No. WZ-17-08/Environfinance Group)
DECISIONS, RESOLUTIONS AND MOTIONS 6. Resolution 27-2018 – Amending the Fiscal Year 2018 2E Bond Budget Fund to reflect the approval of a Supplemental Budget Appropriation in the amount of $447,708 for the
purpose of revising the Anderson Park Master Plan to retain a lighted Baseball Field
and add a removable outfield fence to allow for a multi-use field 7. Resolution 28-2018 - Approving the acceptance of the Wheaties Academy Community Art Project Proposal by Jenuine & Blu
8. Motion to Ratify the Mayoral Appointment(s) of Michele Koons to the District I position and Valerie Nosler Beck to the District IV position on the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge
CITY COUNCIL AGENDA: May 14, 2018 Page -3-
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
ITEM NO: DATE: May 14, 2018
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO KAISER PERMANENTE FOR MAY 2018 MEMBERSHIP BILLING IN THE AMOUNT OF $179,840.88
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Administrative Services Director City Manager
ISSUE: For 2018, the City offers employees two medical plans through Kaiser Permanente; a High Deductible plan and Deductible HMO Plan. Both plans are also offered as COBRA protection
for former employees who choose to enroll. May billing is in the amount of $179,840.88 which
requires City Council approval. PRIOR ACTION: Approval of April 2018 Kaiser bills.
FINANCIAL IMPACT: While monthly costs vary depending on the number of employees and dependents enrolled, for 2018 these costs will average around $195,000 per month. The May 2018 bill is for active and COBRA membership billing. Monthly bills over $75,000 will be brought to City Council for
approval.
BACKGROUND: Kaiser Permanente has been the City of Wheat Ridge’s medical plan provider for several years. Based on the City’s shift to two deductible plans and a robust wellness program, Kaiser plan
renewals have been minimal compared to the market the past two years.
Council Action Form – Kaiser April 2018 Billing
May 14, 2018
Page 2 RECOMMENDATIONS: It is our recommendation to pay the May 2018 Kaiser bill.
RECOMMENDED MOTION: “I move to pay the May 2018 Kaiser bill in the total amount of $179,840.88.”
Or,
“I move to deny the payment of the May 2018 Kaiser bill in the amount of $179,840.88 for the following reason(s) _______________________________________________.” REPORT PREPARED/REVIEWED BY:
Tamara Dixon, Human Resources Manager Heather Geyer, Administrative Services Director Patrick Goff, City Manager
ATTACHMENTS:
1. 2018 May Kaiser Bill
ATTACHMENT 1
ITEM NO: DATE: May 14, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE INSTALLATION OF A
TRAFFIC CALMING DEVICE ON BENTON STREET
BETWEEN 35TH AVENUE AND 38TH AVENUE IN ACCORDANCE WITH THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Director of Public Works City Manager ISSUE: Recently, residents on Benton Street petitioned the City to address traffic issues for the segment
from 35th Avenue to 38th Avenue. In accordance with the City’s Neighborhood Traffic Management Program (NTMP), the City conducted a public process and met with residents at a neighborhood meeting to discuss and address traffic issues, primarily speeding. Residents subsequently secured a petition with the necessary amount of signatures to support the installation of a traffic calming device (speed hump), in accordance with NTMP policy.
PRIOR ACTION: None FINANCIAL IMPACT: Funding for this program was approved in the NTMP line item of the 2018 Capital Improvement Program Budget in the amount of $30,000. A speed hump is estimated to cost approximately $6,000. BACKGROUND: On April 28, 2014, City Council approved the NTMP to systematically address traffic issues on residential streets. The goal of the program is to foster safety and livability in neighborhoods by
Council Action Form – Traffic Calming Device – Benton Street
May 14, 2018
Page 2 reducing the negative impact of vehicular traffic on residential streets. The program guide was
established with a policy and intent to explore available means such as enforcement, education
and engineering to address concerns and issues. The policy intent is also to clearly identify a problem, if one exists, and ensure full support from the affected residents in devising a plan through consensus to a solution(s). The NTMP essentially provides a means and process for residents to request consideration for the installation of traffic calming measures on local streets.
Traffic calming measures may include speed humps, curb extensions, signs, speed trailers and
enforcement, and other traffic control measures as requested and as applicable. On August 16, 2016, Benton Street residents filed a request for NTMP consideration to discuss traffic issues on Benton Street from 35th Avenue to 38th Avenue. A meeting was conducted with
the residents to examine the extent of the problems and to explore available remediation. A
traffic study was conducted to analyze traffic speed, volume and vehicle classification. In addition, the engineering evaluation also looked at sight distance, drainage and roadway geometry. Staff determined that the street segment is suitable for a traffic calming treatment.
Subsequent to the evaluation and findings, the residents elected to move forward with a
permanent traffic calming solution, more specifically the installation of a speed hump or speed humps. Staff initially identified two speed hump locations for the requested segment between 35th and 38th Avenues with the intent of curbing excessive speeding. After the City sent out proposed speed hump locations to the neighborhood, a resident requested staff to investigate an
existing drainage issue on this street, more specifically at 3530 And 3540. The homeowner
provided videos and pictures of the drainage problem in recent years. The problem revealed that the gutter at this location does not have the capacity to contain all of the storm water in the street. As a result, some of storm water ends up diverting into the properties in question. Another issue is the fact that this street does not have storm sewer to collect storm water and reduce gutter
flow.
In summary, staff determined that placement of a traffic calming device at this location could further act as a flow impediment and potentially worsen the existing drainage problem. Based on the field findings of the drainage issue, staff does not recommend installing a traffic calming
treatment at the southerly location, more specifically, the segment between 35th and the Rocky
Mountain Ditch. However, staff feels the proposed speed hump on the north side of the Rocky Mountain Ditch is still feasible to help reduce speeding. The City can revisit the southern traffic calming device once the aforementioned drainage issue is resolved in the future.
This segment of Benton Street is not part of an emergency route and is therefore eligible for the
placement of a traffic calming device. A petition of majority support was received late last year
to move forward with installation. In accordance with the City’s adopted NTMP, speed humps can be ordered for installation by the City Council if at least 80% of residents in a designated street segment area sign the petition,
including the residents who reside immediately adjacent to the speed hump. Based on the results
of the petition received by the City, a sufficient number of signatures have been attained for one
Council Action Form – Traffic Calming Device – Benton Street
May 14, 2018
Page 3 speed hump as referenced above.
RECOMMENDATION: Residents on Benton Street in the petition segment (35th Avenue to 38th Avenue) have satisfied the process outlined in the NTMP policy and through the staff evaluation process. As a result, staff recommends moving forward with the installation of a speed hump on Benton Street as
specifically requested by the residents.
RECOMMENDED MOTION: “I move to approve the installation of a traffic calming device on Benton Street between 35th Avenue and 38th Avenue in accordance with the Neighborhood Traffic Management Program.”
Or, “I move to not approve the installation of a traffic calming device on Benton Street between 35th Avenue and 38th Avenue in accordance with the Neighborhood Traffic Management Program for
the following reason(s) .”
REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Scott Brink, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS: 1. Proposed Speed Hump Location Map
ATTACHMENT 1
ITEM NO: DATE: May 14, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO COLORADO STATE BANK AND TRUST FOR A BOND INTEREST
PAYMENT IN THE AMOUNT OF $552,650 FOR THE CITY
OF WHEAT RIDGE, COLORADO SALES AND USE TAX REVENUE BONDS, SERIES 2017A PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager ISSUE: On May 2, 2017, the City closed on Series 2017A Sales and Use Tax Revenue Bonds in the par amount of $30,595,000 with a net premium of $2,687,079 for a total of $33,282,079. The City’s first interest payment for 2018 is due on June 1, 2018 in the amount of $552,650. Funds to cover this payment are budgeted in the 2018 2E Bond Fund budget. PRIOR ACTION: On February 13, 2017, City Council approved Resolution No. 02-2017 creating the 2E Bond Fund. The City made the first principal and interest payment on the bonds in November 2017.
On August 22, 2016, City Council approved Council Bill 17-2016, an ordinance giving notice of
and calling for a special municipal election to be held November 8, 2016 and submitting a ballot question concerning a temporary increase of one-half of one cent (0.50%) in the City’s sales and use tax rate for 12 years, without increasing property tax, and the issuance of debt to finance City investment in public infrastructure to facilitate economic development opportunities.
Council Action Form– 2E Bond Interest Payment
May 14, 2018
Page 2 FINANCIAL IMPACT: The aggregate principal amount of the bonds totals $30,595,000 with a total repayment cost of
$37,809,255 by December 1, 2028. The maximum annual repayment cost of the bonds will not exceed $3,700,000. The 2018 adopted 2E Bond Fund budget includes $2.4 million in funding for the principal payment
and $1,105,300 for interest payments for a total of $3,505,300 in debt service payments. In 2017,
the one-half of one-cent sales and use tax rate increase generated $4,157,930, which was $457,931 over the projected budget amount of $3.7 million. Therefore, funds are available to cover this debt service payment. BACKGROUND:
In 2007, when the Mayor initiated a citizen task force to prioritize infrastructure needs, the City identified numerous unfunded capital infrastructure projects. That task force was referred to as the DIRT Task Force, referencing “drainage, infrastructure, roads and trails.” A second DIRT Task Force was initiated by City Council directive on April 25, 2016. This citizen group was tasked with
reprioritizing and updating the list of projects and recommending priorities to City Council. City
Council directed staff to move forward with a ballot question requesting a temporary, one-half of one-cent (0.50%) increase to the City sales and use tax rate for 12 years and the issuance of debt to finance the following projects:
• Anderson Park Improvements
• Wadsworth Boulevard Reconstruction – 35th Avenue to Interstate 70
• Wheat Ridge • Ward Commuter Rail Station Area
• Clear Creek Crossing Mixed-Use Development Site on the West Side of I-70 at 38TH and Youngfield At the regular general election held on November 8, 2016, the electorate of the City approved
ballot question 2E. The revenues from the voter approved 0.5% tax increase will be accounted
for in a special fund and will not be released or available for any purposes except to pay debt service on these bonds and to replenish the reserve fund. RECOMMENDATIONS: The City entered into a Registrar and Paying Agent Agreement with Colorado State Bank and Trust on May 2, 2017, which requires the City to transfer principal and interest debt payments to the bank by a certain date. The bond interest payment is due by June 1, 2018, otherwise the City will be in default of this Agreement.
RECOMMENDED MOTION: “I move to approve payment to Colorado State Bank and Trust for the 2E Bond interest payment in the amount of $552,650 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A.”
Or,
Council Action Form– 2E Bond Interest Payment
May 14, 2018
Page 3 “I move to not approve the payment to Colorado State Bank and Trust for the 2E Bond interest
payment in the amount of $552,650 for the City of Wheat Ridge, Colorado Sales and Use Tax
Revenue Bonds, Series 2017A for the following reason(s) .” REPORT PREPARED AND REVIEWED BY: Patrick Goff, City Manager
Heather Geyer, Administrative Services Director ATTACHMENTS: 1. Bond Interest Payment Invoice
Name of Issue:
City of Wheat Ridge Series 2017A
Ref. Number : WHEATRIDGE17
Principal Outstanding
Debt Service
Principal Due
Interest Due
Total Debt Service Due :
TOTAL AMOUNT DUE:
DUE DATE 6/1/2018
Name of Issue:WHEATRIDGE17
$552,650.00
$27,795,000.00
$0.00
$552,650.00
$552,650.00
REF: DEN CORP TRUST - WHEATRIDGE17
City of Wheat Ridge
Paying Agent Fee Enclosed:
7500 W 29th Ave
Debt Service Payment Enclosed:
A/C #: 600024642
For questions contact: Keith Papantonio 303-864-7236
Reference Number:
Corporate Trust Services
1600 Broadway, 3rd Fl
A/C Name: Wealth ManagementDenver CO 80202
ABA 103900036
(ACHs must be received 5 business day prior to Due Date)BOKF, NA
(Wires must be received 1 business day prior to Due Date)
IF REMITTING CHECK PAYMENT, PLEASE RETURN THE BOTTOM SECTION AND RETAIN TOP PORTION FOR YOUR RECORDS.
$552,650.00
Wire/ACH Instructions:
BOKF, NA
(Must be received 5 business days prior to Due Date)
Remit Check To:
Corporate Trust Account Invoice Summary
DUE DATE 6/1/2018
Heather Geyer
City of Wheat Ridge Series 2017A
Net Amount Due:
Amount Enclosed:
City of Wheat Ridge Series 2017A
Check & ACH Payments must be received 5 business days prior to the Due Date
Wheat Ridge CO 80333
Wire payments must be received 1 business day prior to Due Date
ATTACHMENT 1
ITEM NO: DATE: May 14, 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. The rezoning is requested to facilitate potential redevelopment of the property, which currently contains a mix of residential and commercial uses. 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 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 $1,105.87 were collected for the review and processing of Case No. WZ-18-07.
Council Action Form – Rezoning Property at 11221 W 44th Ave
May 14, 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 (4) single-family homes. The first home (the largest one nearest 44th Avenue) was constructed in 1869, with the other three (3) 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 (1) 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 (1) structure, listed as a “Nightclub, Bar Lounge” by the
Jefferson County Assessor, which was licensed by the City as a tavern until recently. The building
is currently vacant. It 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 southwest 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 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,
Council Action Form – Rezoning Property at 11221 W 44th Ave
May 14, 2018
Page 3 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.
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 is
intended for “neighborhood main streets,” such as 44th Avenue and 38th Avenue.
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 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 deny 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 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. 10-2018 2. Planning Commission staff report with attachments
3. Planning Commission hearing minutes
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DOZEMAN
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
ATTACHMENT 1
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 7 to 0 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: April 26, 2018
2nd publication:
Wheat Ridge Transcript: Effective Date:
Planning Commission 1 Case No. WZ-18-07 / Chrisp
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: April 9, 2018 CASE MANAGER: Zack Wallace Mendez
CASE NO. & NAME: WZ-18-07 / Chrisp ACTION REQUESTED: Approval of a zone change from Agricultural-One (A-1) and Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N).
LOCATION OF REQUEST: 11221 W. 44th Avenue APPLICANT (S): Francesca Chrisp
OWNER (S): SG Ventures LLC APPROXIMATE AREA: 97,879 square feet (2.25 acres)
PRESENT ZONING: Agricultural-One (A-1) and Commercial-One (C-1) COMPREHENSIVE PLAN: Neighborhood Commercial Corridor
ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2 Case No. WZ-18-07 / Chrisp
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST The applicant and current owner of the property has submitted this application requesting approval of a zone change from Agricultural-One (A-1) and Commercial-One (C-1) to Mixed Use-Neighborhood
(MU-N).
II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located at 11221 W. 44th Avenue. The property is approximately 2.25 acres in size and located on the north side of 44th Avenue, west of Pierson Street. The property currently
contains a series of structures (Exhibit 1, Aerial). On the western half of the property, zoned
Agricultural-One (A-1), there are four (4) single-family homes. The first home (the largest one nearest 44th Avenue) was constructed in 1869, with the other three (3) homes all being constructed in 1909, according to the Jefferson County Assessor. The existing improvements on the property are considered non-conforming, as the A-1 zone district allows for only one (1) 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, zoned Commercial-One (C-1), there is one (1) 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.
As was previously mentioned, the site is zoned both Agricultural-One (A-1) and Commercial-One (C-1). 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 (Exhibit 2, Zoning Map). 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.
Planning Commission 3 Case No. WZ-18-07 / Chrisp
III. 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.
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. The applicant intends to rezone the property in order to better position the property for redevelopment, as the current split zoning does not easily lend itself to redevelopment opportunities (Exhibit 3,
Applicant Letter). The zone change will allow the property to be developed with commercial uses,
residential units, or a mix of the two. Additionally, in the short term, it will bring the existing site conditions more into compliance with the existing Code of Laws. The following table compares the existing and proposed zoning for the property, with standards for
new development or major additions. In terms of permitted uses, MU-N allows commercial uses at a
lesser intensity than the existing C-1 zoning, however it does allow for a wider range of uses than are permitted in the A-1 zone district.
Planning Commission 4 Case No. WZ-18-07 / Chrisp
CURRENT ZONING Commercial-One (C-1) CURRENT ZONING Agricultural-One (A-1)
PROPOSED ZONING Mixed Use-Neighborhood (MU-N)
Uses
Allows a wide range of
commercial uses including office, general business, retail
sales, and service establishments.
Allows for single-family
residential and a range of agricultural and related uses
including produce stands and farmers markets.
Allows residential, commercial or mixed use – includes multi-family and live/work facilities, excludes outdoor storage.
Architectural Standards
Contemporary Overlay ASDM
standards apply, including high quality architecture, standards
related to articulation, variation, materials, and transparency.
No architectural standards apply in agricultural zone
districts.
Mixed-Use standards apply,
including high quality architecture, standards related
to articulation, variation and materials.
Max. Building Height 50’ 35’
35’ if the building has
residential use 50’ for all other uses
Max. Building coverage 80% 25% 90% for mixed use
85% for single use
Min. Landscaping 20% 25% 10% for mixed use 15% for single use
Build-to Area 0-12’ along front property line Not applicable 0-12’ along front property line
Setbacks Front Side Rear
See build-to above 0 feet if nonflammable or 5 feet per story 10 feet plus 5 feet per story
30 feet 15 feet 15 feet
Side setback adjacent to single-family residential: 10 feet for the first 2 stories, additional 5 feet for each additional story. Must be landscaped. Side setback adjacent to
commercial: 0 feet Rear setback: 5 feet
IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in adverse effects on the surrounding area. The rezoning would
allow a less intensive range of commercial uses than the current C-1 zoning, and encourage more neighborhood-oriented businesses. The proposed zone change would allow for more intensive development than is currently allowed under A-1 zoning, however, the potential development intensity under the MU-N zoning is not out of character with 44th Avenue and the wide array of businesses and residences located in the vicinity of the subject property.
Based on the existing character and land use patterns on 44th Avenue, the MU-N zone district is more appropriate than the split zoning between A-1 and C-1. For that reason, the zone change should not have an adverse effect on the surrounding area.
Planning Commission 5 Case No. WZ-18-07 / Chrisp
The MU-N zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility between future redevelopment and existing land uses.
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. Infrastructure currently serves the property, and all responding agencies have indicated they can
serve the property. In the event that the current utility capacity is not adequate for a future use, the
property owner/developer would be responsible for utility upgrades. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions
exists:
a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. West 44th Avenue is a primary east-west thoroughfare in the City, is classified as a minor arterial, and is predominantly commercial in character. Envision Wheat Ridge, the City’s 2009
comprehensive plan, identifies this corridor as a Neighborhood Commercial Corridor. This
designation envisions a corridor with a broad mix of activities, including small-scale, pedestrian-friendly mixed-use retail, commercial businesses, and residential, with a focus on promoting a compatible mix of uses to supply daily services and meet the needs of adjacent residential areas. A stated goal in the comprehensive plan is to promote reinvestment in
property and to promote a mix of neighborhood supporting uses, including residential and
commercial. Additionally, the Fruitdale Subarea Plan was adopted for this area in 2007. The future land use map (Exhibit 6, Fruitdale Subarea Plan) denotes the area around 44th Avenue between
approximately Owens Street and Quail Street, including the subject property, as a mixed-use
area. The subarea plan encourages redevelopment and revitalization of properties within this area and encourages mixed use developments to create a neighborhood center. The subarea plan speculates this neighborhood center could include neighborhood type retail or commercial on the ground floor with residential or office on the upper floors.
This zone change request supports the comprehensive plan and subarea plan by enabling investment in the property and by aligning the zoning with the City’s mixed use goals for this corridor.
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.
Planning Commission 6 Case No. WZ-18-07 / Chrisp
Staff has not found any evidence of an error with the current A-1 and C-1 zoning designations as they appear 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.
Staff finds no evidence of significant changes in the area. The zone change request from A-1
and C-1 to MU-N neither responds to nor results in notable change of character. Staff concludes that this criterion is not applicable.
d. The proposed rezoning is necessary in order to provide for a community need that was
not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable.
Staff concludes that the criteria used to evaluate zone change support this request.
V. NEIGHBORHOOD MEETING
Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109.
A meeting for neighborhood input was held on February 7, 2018. Five members of the public attended
the meeting in addition to the applicant and staff. Some concerns were raised regarding traffic, schools, potential uses, and the uncertainty of what might develop on the site. Staff addressed some concerns, which related to the development standards and permitted use list that would apply to the property if rezoned. The concerns and the discussion from the meeting are summarized in the meeting summary
(Exhibit 7, Neighborhood Meeting Notes).
VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding
the ability to serve the property. Specific referral responses follow:
Wheat Ridge Public Works Department: No comments. Fruitdale Sanitation District: No objection.
Valley Water District: No objection. Wheat Ridge Police Department: No objection.
Planning Commission 7 Case No. WZ-18-07 / Chrisp
Arvada Fire Protection District: No objection. Xcel Energy: No objection.
Century Link: 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 adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along a
neighborhood commercial corridor.
Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-18-07.
VIII. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WZ-18-07, a request for approval of a zone change from Agricultural-One (A-1) and Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for
property located at 11221 W. 44th Avenue, 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. Utility infrastructure adequately services the property.
3. The proposed zone change is consistent with the goals and objectives of the City’s
Comprehensive Plan and consistent with the character of 44th Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request.” Option B:
“I move to recommend DENIAL of Case No. WZ-18-07, a request for approval of a zone change from Agricultural-One (A-1) and Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 11221 W. 44th Avenue, for the following reasons:
1. 2. …”
Planning Commission 8 Case No. WZ-18-07 / Chrisp
EXHIBIT 1: AERIAL
Planning Commission 9 Case No. WZ-18-07 / Chrisp
EXHIBIT 2: ZONING MAP
Planning Commission 10 Case No. WZ-18-07 / Chrisp
EXHIBIT 3: APPLICANT LETTER
Planning Commission 11 Case No. WZ-18-07 / Chrisp
EXHIBIT 4: COMPREHENSIVE PLAN
44th Avenue
Ro
b
b
S
t
.
Subject Property
Neighborhood
Commercial Corridor
(44th Avenue)
Planning Commission 12 Case No. WZ-18-07 / Chrisp
EXHIBIT 5: FRUITDALE SUBAREA PLAN
Subject Property
Planning Commission 13 Case No. WZ-18-07 / Chrisp
EXHIBIT 6: SITE PHOTOS
View of the subject property looking north from 44th Avenue. The residential portion of the property, zoned A-1, can be seen to the left, while the tavern, zoned C-1, can be seen to the right.
Closer view of the subject property looking north from 44th Avenue. Despite the fence and power lines
running down the middle of the property, the tavern and residential dwellings are all located on 1 parcel.
Planning Commission 14 Case No. WZ-18-07 / Chrisp
View looking northwest from 44th Avenue. The tavern can be seen in the foreground with the residential
portion of the property visible in the background.
View looking northeast from 44th Avenue. Two residential dwellings are visible in this photo, with two
additional dwellings out of sight. The tavern can be seen in the background.
Planning Commission 15 Case No. WZ-18-07 / Chrisp
Meeting Date: February 7, 2018
Attending Staff: Zack Wallace Mendez, Planner II
Location of Meeting: Wheat Ridge Municipal Center
Property Address: 11221 W. 44th Avenue
Property Owner(s): SG Ventures, LLC
Property Owner(s) Present? Yes, Francesca Chrisp
Applicant: Francesca Chrisp
Applicant Present? Yes
Existing Zoning: Agricultural-One (A-1) and Commercial-One (C-1)
Existing Comp. Plan: Neighborhood Commercial Corridor
Existing Site Conditions: The property is located on the north side of W. 44th Avenue, between Pierson Street and Quail Street. The western side of the property is zoned Agricultural-One (A-1) and contains four single-family homes. The eastern side of the property is zoned Commercial-One (C-1) and contains a vacant commercial building, formerly a bar. The largest home was built in 1869, and the
other homes were built in 1909, according to the Jefferson County Assessor. The bar building was built
in 1942. The lot is approximately 97,879 square feet (2.247 acres). Surrounding properties include a variety of commercial and residential uses. Properties to the east along W. 44th Avenue are zoned C-1 and contain commercial uses, including several auto-oriented
uses. Properties to the west along 44th Avenue are mostly zoned A-1 and contain homes on large lots.
The City’s Public Works shops are located to the north of the site and are zoned Public Facility (PF). Applicant/Owner Preliminary Proposal: The applicant has proposed to rezone the site from its
current split zoning of A-1 and C-1 to Mixed Use-Neighborhood (MU-N). The zone change would
allow for residential and/or commercial uses on the site, and allow for increased density on the site. While the applicant has no immediate plans for redevelopment, they envision a townhome or apartment development with a potential small storefront on W. 44th Avenue.
The following is a summary of the neighborhood meeting:
EXHIBIT 7: NEIGHBORHOOD MEETING
Planning Commission 16 Case No. WZ-18-07 / Chrisp
• In addition to the applicant and staff, five members of the public attended the neighborhood meeting:
• Staff discussed the site, and its current zoning.
• The applicant and members of the public were informed of the process for the zone change.
• The members of the public were informed of their opportunity to make comments during the process and at the public hearing.
• The applicant spoke about her vision for the property: townhomes with some commercial activity along 44th Avenue. The applicant added that no developer is engaged, and she desires to update the zoning to better market the property to developers. The following issues were discussed regarding the zone change request:
• A question was raised regarding the land use and zoning of the property, as it already appears to be mixed use. Staff explained the property is one parcel but zoned with two different zoning designations.
Under the current code, the Agricultural zoning allows for one single-family house on an acre
of land. Currently the property has four homes, all of which pre-date the City of Wheat Ridge
and the present zoning. The Agricultural zone is a bit antiquated, and a remnant from Jefferson County, and does not allow for much reinvestment in the property. The Mixed Use-Neighborhood zone district would permit a mix of uses across the site, and provides more
options for reinvestment.
• Concerns were raised that after the zoning is approved anything could happen with the site. Staff noted that while the exact future use of the property is undetermined, there is a defined list of permitted uses and development standards in the City Code that will need to be met.
Additionally, future development will be subject to a site plan review to ensure it is in
compliance with the Code requirements.
• What school would children living here attend? The applicant and Staff were unsure of the closest school to the property.
• Difference between MU-N and C-1 and A-1?
The MU-N zone district encourages a mix of uses, and is flexible in allowing residential development, commercial development, or a mix of the two. The C-1 zone district primarily allows only commercial uses and development, and the A-1 zone district has a very limited list
of permitted uses that are more agricultural in nature.
• Is there a need for housing here, have any studies been conducted regarding the need? The attendee added there is a perception of vacant residential buildings in area. The City does not require market studies for zone changes or development applications.
• Concerns were raised that the rezoning and development of the property would devalue nearby
residential properties.
The applicant suggested that redevelopment in this property would bring up property values in the area.
• An attendee asked if after rezoning the property could be anything and not just residential?
Staff noted that the development is not required to have any residential. But development must
still follow the list of permitted uses within the Zoning Code. The MU-N is more limited in nature, in that it allows for a slightly more limited list of uses than the current C-1 zoning, and does not allow some uses, such as auto related uses.
• Requirements that landscaping are upkept?
Planning Commission 17 Case No. WZ-18-07 / Chrisp
Staff mentioned the landscaping requirements in the Zoning Code and the required landscaped
setback buffers from adjacent single-family homes, and that maintenance of landscaping is required. If it is not upkept, Code Enforcement can take action.
• How long is the process?
Once an application is submitted, the zone change process takes approximately 3 months.
Additionally, once development is proposed, the developer will need to process a site plan and have building permits reviewed, each of which can take multiple months.
• Concerns regarding a proliferation of auto-related uses and ‘erotic’ shops.
Auto-oriented uses and adult entertainment uses are not allowed in the MU-N zone district.
• Traffic and parking concerns were raised. The City does not require any traffic information with a speculative rezone such as this. Traffic will be analyzed when a specific development proposal has been submitted to the City. There
are minimum parking requirements in the City Code that will be reviewed and enforced as part
of a future site plan application. Aside from the five neighbors at the meeting, staff received no comment from others in the area regarding the proposal.
ATTACHMENT 3
ITEM NO: DATE: May 14, 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 are
attached for reference and to be taken into consideration when taking action on the ordinance at
second reading. City Council introduced the ordinance on first reading on April 23, 2018, and set the public hearing date. 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
May 14, 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.
Referral Process
The case has been through a standard referral process. All referral agencies are currently serving the property and have no objections to the request. 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.
Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. As detailed in the
attached staff report, staff and the Planning Commission are recommending approval of this
request.
Council Action Form – Rezoning Property at 4650 Wadsworth Boulevard
May 14, 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) for the following reasons:
1. The Planning Commission has recommended approval of the rezoning after conducting a
proper public hearing.
2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval.
3. The proposed rezoning has been found to comply with the “criteria for review” in Section
26-112.E of the Code of Laws.”
REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner I Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 11-2018 2. Planning Commission staff report and attachments
3. Planning Commission hearing minutes
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN 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 7 to 0 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: April 26, 2018
2nd publication: Wheat Ridge Transcript: Effective Date:
Planning Commission 1 Case No. WZ-18-06 / Bielich
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: April 5, 2018 CASE MANAGER: Scott Cutler
CASE NO. & NAME: WZ-18-06 / Bielich ACTION REQUESTED: Approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N).
LOCATION OF REQUEST: 4650 Wadsworth Boulevard APPLICANT (S): Luis Bielich
OWNER (S): ML Rentals LTD (Luis Bielich and Mike Nguyen) APPROXIMATE AREA: 14,505 square feet (0.33 acres)
PRESENT ZONING: Residential-Two (R-2) COMPREHENSIVE PLAN: Primary Commercial Corridor
ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2 Case No. WZ-18-06 / Bielich
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST The owners of the property at 4650 Wadsworth Boulevard are requesting approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N). The zone change will allow the
property to be used for residential or commercial uses, as well as a mix of residential and commercial
uses (mixed-use or live/work). II. EXISTING CONDITIONS
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 (Exhibit 1, Aerial). 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.
The property is 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 (Exhibit 2, Zoning Map).
III. PROPOSED ZONING The applicants are 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.
The property is currently zoned Residential-Two (R-2). This zone district was established to provide high quality, safe, quiet, and stable low to moderate-density residential neighborhoods.
The applicant intends to rezone the property in order to potentially redevelop the rear portion of the
property for residential use. However, no plans have been submitted, and any redevelopment of the property would require a Site Plan review which is a separate application process. The applicant has stated they believe the zone change would bring the property into conformance with the surrounding zoning designations, since most properties are zoned for mixed-use or commercial uses (Exhibit 3,
Applicant Letter).
The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. In terms of permitted uses, MU-N allows commercial uses whereas the R-2 zone does not (with the exception of approved home occupations). In terms of
Planning Commission 3 Case No. WZ-18-06 / Bielich
residential uses, MU-N is more flexible because the R-2 zone district only allows single-family homes and duplexes. The MU-N zone district could allow approximately 6 residential units on the property, or 4 new dwelling units if taking into account the existing duplex, shown in Exhibit 4, Site Photos.
CURRENT ZONING Residential-Two (R-2) PROPOSED ZONING Mixed Use-Neighborhood (MU-N)
Uses Allows single-family homes and duplexes, and associated home occupations
Allows residential, commercial or mixed use – includes multi-family and live/work facilities
Architectural Standards None Mixed-Use standards apply, including high quality architecture, standards related to
articulation, variation and materials.
Max. Building Height 35’ 35’ if the building has residential use 50’ for all other uses
Max. Lot coverage 40% 90% for mixed use
85% for single use
Min. Landscaping 25% of lot at 100% of front yard (exclusive of driveway and sidewalk) 10% for mixed use 15% for single use
Build-to Area 0-20’ along front property line (property is in Contemporary Overlay district) 0-12’ along front property line
Setbacks East (rear): 10’
North & South (side): 5’ per story
East (rear): 10’ (1-2 story building) or 15’ (3-story building)
North & South (side): 0’ (since the property abuts commercial uses)
IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following
criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area.
The MU-N zone district would allow the property owner to expand residential uses on the property. They could also incorporate neighborhood-serving commercial uses, which are currently prohibited on the property but permitted on the properties zoned RC to the north and south. Based on the existing character and land use patterns on Wadsworth Boulevard, the MU-N zone district is more appropriate than R-2 in terms of allowed land uses and intensity. For that reason, the zone change
should not have an adverse effect on the surrounding area. Based on the small size of the property, many of the more intensive permitted uses in MU-N zone district are unrealistic (such as large apartment buildings or intensive commercial uses). The MU-N zoning is expected to add value to the subject property. The mixed use development
standards will support compatibility between future redevelopment and existing land uses. In addition, any MU-N building containing residential is limited to 35 feet in height. Commercially-zoned properties (RC, C-1, and NC) may contain buildings up to 50 feet in height. The design standards for MU-N are stricter than for other zones, including setbacks, landscaping
buffers, and architecture.
Planning Commission 4 Case No. WZ-18-06 / Bielich
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.
Adequate infrastructure currently serves the property. All responding agencies have indicated they
can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A Site Plan review and building permits will be required for any new construction on the site, and will ensure compliance with current Building Codes, as well as the Fire Code.
Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies or plans for the area.
Wadsworth Boulevard is a primary north-south thoroughfare in the City, is classified as a major arterial, and is predominantly commercial in character. Envision Wheat Ridge, the City’s 2009 comprehensive plan, identifies this corridor as a Primary Commercial Corridor (Exhibit 4, Comprehensive Plan). This designation envisions a corridor with a broad mix of activities,
accommodating multiple transportation modes and exemplifying high quality urban design and
appearance over time. Specifically for Wadsworth, the comprehensive plan notes the importance of improving the appearance and function of the corridor and working to redevelop outdated and underutilized properties.
A stated goal in the comprehensive plan is to promote reinvestment in property and to promote
a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the property and by aligning the zoning with the City’s mixed-use goals for this corridor.
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 R-2 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.
Planning Commission 5 Case No. WZ-18-06 / Bielich
Commercial development along the Wadsworth Boulevard corridor continues to intensify. Staff believes low-density residential zoning along the Wadsworth corridor does not reflect the reality of Wadsworth as a major regional arterial. Based on recent intensification of land uses along Wadsworth, both residential and commercial, Staff concludes that there are changed
conditions which make this property undesirable to be limited to low-density residential use.
Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive
plan. The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable.
Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING
Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on February 13, 2018. Six members of the public attended
the meeting in addition to the applicant and staff. In general, most of the attendees were supportive of
the request. However, some concerns were raised by a neighbor over rear setbacks, increased density, and privacy; these concerns and the discussion from the meeting are summarized in the meeting summary (Exhibit 6, Neighborhood Meeting Notes).
One letter of support was received prior to the neighborhood meeting (Exhibit 7, Letter of Support).
As of the date of distribution of this staff report, March 30, 2018, the City has not received additional comments or inquiries from surrounding property owners. 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.
Wheat Ridge Building Division: No comments. West Metro Fire Protection District: No concerns. Future site plans are subject to review by
West Metro.
Xcel Energy: No concerns. Century Link: No concerns.
Planning Commission 6 Case No. WZ-18-06 / Bielich
Wheat Ridge Water District: No comments. Wheat Ridge Sanitation District: No comments.
Colorado Department of Transportation: No comments. 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 adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along a
primary commercial corridor.
Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-18-06.
VIII. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WZ-18-06, a request for approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) for property located at 4650
Wadsworth Boulevard, 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. Utility infrastructure adequately services the property.
3. The proposed zone change is consistent with the goals and objectives of the City’s
Comprehensive Plan and consistent with the character of Wadsworth Boulevard. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request.” Option B:
“I move to recommend DENIAL of Case No. WZ-18-06, a request for approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) for property located at 4650 Wadsworth Boulevard, for the following reasons:
1. 2. …”
Planning Commission 7 Case No. WZ-18-06 / Bielich
EXHIBIT 1: AERIAL
Planning Commission 8 Case No. WZ-18-06 / Bielich
EXHIBIT 2: ZONING MAP
Planning Commission 9 Case No. WZ-18-06 / Bielich
EXHIBIT 3: APPLICANT LETTER
Planning Commission 10 Case No. WZ-18-06 / Bielich
EXHIBIT 4: COMPREHENSIVE PLAN
Subject Property
Primary Gateway
(Intersection of
Wadsworth & I-70)
Primary Commercial
Corridor
(Wadsworth
Boulevard)
Planning Commission 11 Case No. WZ-18-06 / Bielich
EXHIBIT 5: SITE PHOTOS
View of the subject property looking east across Wadsworth Boulevard. The existing duplex is in the middle of the photo, and the front yard landscaping box can be seen as well. The properties to the left and right of the subject property are zoned Restricted Commercial and contain commercial uses.
View of the property looking southeast (subject property has the white truck parked in front) across
Wadsworth Boulevard.
Planning Commission 12 Case No. WZ-18-06 / Bielich
A view looking southeast down Wadsworth Boulevard, just south of the subject property. This photo was taken to show the increasingly intensive uses as you head south on Wadsworth Boulevard.
The subject property from Wadsworth Boulevard showing the front/side yard and the neighboring commercial properties. There is access to the large rear yard through the gate on the right. (Source:
Google Street View, May 2017)
Planning Commission 13 Case No. WZ-18-06 / Bielich
Meeting Date: February 13, 2018
Attending Staff: Lauren Mikulak, Planning Manager
Scott Cutler, Planning Technician
Location of Meeting: Wheat Ridge Municipal Building
Property Address: 4650 Wadsworth Boulevard
Property Owner(s): ML Rentals, LLC
Applicant: Luis Bielich
Applicant Present? Yes
Existing Zoning: Residential-Two (R-2)
Existing Comp. Plan: Neighborhood Buffer / Primary Commercial Corridor
Existing Site Conditions: The property is located on the east side of Wadsworth Boulevard, between W. 46th Avenue and W. 48th Avenue. The site is currently home to a duplex which was built in 1951,
according to the Jefferson County Assessor. The lot is approximately 14,505 square feet. There is a
parking area in the front of the duplex as well as additional space in the rear of the lot. The property is 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. Applicant Preliminary Proposal: The applicant has proposed to rezone the site from Residential-Two (R-2) to Mixed Use – Neighborhood (MU-N). The zone change would allow for residential and/or
commercial uses on the site as opposed to strictly residential uses, and allow for increased density on
the site. In the future, the applicant wants to build a quadplex behind the existing duplex, increasing the total units on the site to 6. The building would be 3 stories with garages on the first floor. Each unit is
proposed to have 3 bedrooms.
EXHIBIT 6: NEIGHBORHOOD MEETING
Planning Commission 14 Case No. WZ-18-06 / Bielich
The applicant bought the property in October 2014 and currently rents out both units. They intend to rent the additional units as well.
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, 6 residents 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 rezoning process.
• Staff discussed the site, its zoning and land use.
• 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 purpose of the meeting was to discuss the zone change, but most questions from neighbors
related to the applicant’s potential future plans to develop additional units. The following issues were discussed regarding the zone change request and proposed future development:
• What are the setbacks for the current and proposed zoning? What will the buffer look like at the rear of the property? The Residential-Two (R-2) zone district requires 5-foot per story side setbacks and 10-foot rear
yard setbacks. Buildings must be set back 25 feet from public streets. The Mixed Use –
Neighborhood (MU-N) zone district requires 15-foot rear setbacks for 3-story buildings, so the
required setbacks would be larger than under current standards. Side setbacks could be 0 feet because the property abuts commercial uses to the north and south; however the applicant noted they wish to provide some side setback. The applicant noted the desire to have a large
buffer at the rear of the property to provide yard space and bring the building closer to the
front of the property.
• What are the adjacent zone districts? Properties to the north and south are both zoned Restricted Commercial (RC) and properties to
the east are zoned Residential-Two (R-2). Multifamily, commercial, and mixed-use zone
districts are across Wadsworth Boulevard to the west.
• How tall would the buildings be? Likely 30 feet (3 stories) because of fire restrictions for any buildings that are taller. Staff noted that the maximum height for residential buildings in MU-N is 35 feet.
• How many bedrooms in each unit? Three
• What direction would be building face?
The front doors would face south onto a shared driveway.
• A resident whose property borders the site to the east was concerned about fitting everything on a relatively small site. They were concerned about the number of new residents and associated cars and pets. They did not want a tall building infringing on their privacy. The applicant responded to these concerns stating the windows would be facing north and
south and side windows could be elevated so that residents could not look into neighboring
Planning Commission 15 Case No. WZ-18-06 / Bielich
properties. They also noted the proposed buffer space between the building and the resident’s
property and pointed out the required 15-foot rear setback.
• Who are you trying to attract to this development?
Young professionals and families.
• Do you currently own the property? Do you own other properties too? Yes, and current tenants are young professionals. The applicant also owns other properties in the Denver Metro area.
• What is the square footage per unit?
There are no plans yet because a zone change must be successful. The target square footage is 1,300 to 1,400 square feet; 3-bedroom units with a home office.
• How will parking be accommodated?
Each unit will have a garage and there will be additional parking stalls available. The
applicant noted they are targeting 8 spaces total, maybe more if they can be accommodated.
They also plan to provide bike racks.
• Will there be balconies facing the back of the property? No balconies are planned for now. The building will be oriented north-south.
• A neighbor noted they want to see the property kept up better. There have been issues in the past with weeds and dogs. The applicant described when they purchased the property (2014) and described some of the investments they have made (fences, upkeep, hiring a maintenance crew, and front yard
improvements).
• Staff discussed the Wadsworth Boulevard widening project and potential timing of construction. The property would be affected by the widening and a right-of-way acquisition by the City will be required, shrinking the lot and bringing the existing building closer to the street.
• What is the square footage of the lot?
The lot is approximately 14,500 square feet, but will shrink when right-of-way is dedicated for the Wadsworth project.
• Can there be a condition of approval for the MU-N zone change related to setbacks?
Adding conditions to straight zone changes is rare because they become hard to track and
administer in the future. The MU-N rear setback requirements are greater than under current zoning.
• Can there be commercial uses on the property under MU-N?
Yes.
• Are parking requirements for commercial higher than residential? Staff noted the varying parking requirements for commercial uses. Residential uses require at least 1 parking space per unit, with a maximum of 2.5 Commercial parking requirements are based on the specific use.
• Staff explained the process specific to the zone change. Site design is not a component of the zone change process.
Planning Commission 16 Case No. WZ-18-06 / Bielich
EXHIBIT 7: LETTER OF SUPPORT
ATTACHMENT 3
5.The criteria used to evaluate a zone change support the request.
Motion carries 6-0.
B.Case No. WZ-18-06: an application filed by Luis Bielich for approval of a zonechange from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) forproperty located at 4650 Wadsworth Boulevard.
Mr. Cutler gave a short presentation regarding the zone change and the application.He entered into the record the contents of the case file, packet materials, the zoningordinance, and the contents of the digital presentation. He stated the public noticeand posting requirements have been met, therefore the Planning Commission hasjurisdiction to hear this case.
Commissioner Peterson wanted clarification about section 26-112 regarding theMixed Use-Commercial (MU-C) and Mixed Use-Neighborhood (MU-N) zonedistricts. Since Wadsworth is more commercial he asked if MU-C would be abetter fit than MU-N.
Mr. Wallace Mendez explained that further south on the Wadsworth corridor thereis a large portion zoned MU-C, but given the surrounding land uses in this areabeing residential, the MU-N permits less intense uses and acts as a better bufferthan the MU-C zone district. Mr. Wallace Mendez also said that MU-N is morecontext sensitive and is a good transition to the existing adjacent residential uses tothe east.
Mr. Cutler added that in the MU-C zone district the building heights are permittedto be taller than building heights in the MU-N zone district.
Dan Grant, resident4645 Webster Street, Wheat Ridge
Mr. Grant feels the property owners are being greedy and is concerned if a fourplexis constructed on the site, there will be more people and vehicles on the property.He is also concerned about the height of the building because future residentswould be able to look into his backyard. His final concern is that CodeEnforcement has been called on this property numerous times and he wants tomake sure the property is going to be maintained.
Joann Warner, resident4635 Webster Street, Wheat Ridge
Ms. W amer feels this is too much growth for this property and thinks it should becommercial zoning.
Planning Commission Minutes April 5, 2018 - 3 -
ITEM NO: DATE: May 14, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 13-2018 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 12600 W. 42nd
AVENUE FROM AGRICULTURAL-ONE (A-1) TO PLANNED
COMMERCIAL DEVELOPMENT (PCD) AND FOR
APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-18-08/BALL) PUBLIC HEARING ORDINANCES FOR 1ST READING (05/14/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/11/2018)
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
Commercial Development (PCD) for property located at 12600 W. 42nd Avenue. The purpose of the rezoning is to approve a list of limited commercial uses for future development of the property. The Outline Development Plan (ODP) also depicts the general location of
building footprints, parking areas and perimeter landscape buffers.
PRIOR ACTION: Planning Commission heard this request at a public hearing on May 3, 2018, and gave a recommendation of approval for the following reasons:
1. The proposed zone change will not result in an adverse effect on the surrounding area and could serve as a catalyst for additional investment in the area.
2. The proposed zoned change is consistent with the goals and objectives of the City’s Comprehensive Plan and the I-70/Kipling Corridor Urban Renewal Plan.
Council Action Form – Rezoning Property at 12600 W 42nd Ave
May 14, 2018
Page 2 3. The criteria used to evaluate a zone change support the request.
With the following condition: 1. A minimum of 25% office space is required with warehouse or workshop primary use with office use to be determined and defined at the discretion of the Community Development
Director.
The staff report and meeting minutes from that 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 $1,244 were collected for the review and processing of Case No. WZ-18-08. If the proposed rezoning is approved, there could be an advancement of the City’s goals for the
redevelopment of underutilized properties in the community.
BACKGROUND: The property is located on West 42nd Avenue at its intersection with Xenon Street. The property is zoned Agricultural-One (A-1), which allows large-lot, single-family residential and associated
light agricultural uses. The site is the only vacant lot on the south side of 42nd extending from
Xenon to Youngfield. The parcel is 47,748 square feet, or 1.1 acres. There are no public improvements on West 42nd along the property frontage. Surrounding Land Uses
This property is located in an area of transition with a mix of zoning districts and uses. The south
side of 42nd Avenue on either side of the property is zoned A-1, and includes the Prospect Recreation & Park District facility to the east and a single-family home to the west. The Clear Creek greenbelt and 100-year flood plain is located to the south of the property and is undeveloped. The north side of 42nd Avenue is zoned Restricted-Commercial (R-C), and is home
to a mix of businesses, including the Wheat Ridge Head Start preschool and a multi-tenant “flex”
building. Lots to the north on Xenon Street are zoned Agricultural-Two (A-2), which allows for single-family dwellings and more intensive and commercially oriented agricultural uses. Xenon Street going north contains a mix of single-family homes and businesses, including a dog boarding facility.
Current and Proposed Zoning 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.
Through the planned development process, the applicant has the ability to propose a list of uses
allowed on the property to ensure compatibility in this mixed use area. A list of uses has been
proposed which are both commercial and semi-industrial but are lower in impact than other uses
Council Action Form – Rezoning Property at 12600 W 42nd Ave
May 14, 2018
Page 3 allowed in the City’s Commercial and Industrial-Employment zone districts. Taken from the
commercial use chart are uses which include general offices, medical offices, vet clinics and fine
art studios. Uses taken from the industrial use chart include research laboratories, light manufacturing and wholesale businesses. Due to the proximity of the residential property to the west, many of the higher impact uses were not supported by staff and have been removed from the use list through the staff review process.
The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site development.
A letter of objection was received from the property owner of 4225 Vivian Street and 4200 Xenon
Street. This letter will be included in the packet for second reading. RECOMMENDATION: 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 only sets the date for the public
hearing, and for this reason, the packet materials provided on first reading are generally limited.
RECOMMENDED MOTION: “I move to approve Council Bill No. 13-2018 an ordinance approving the rezoning of property located at 12600 W. 42nd Avenue from Agricultural-One (A-1) to Planned Commercial
Development (PCD) and for an Outline Development Plan on first reading, order it published,
public hearing set for Monday, June 11, 2018, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 13-2018
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO. 13 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 12600 W. 42nd AVENUE FROM AGRICULTURAL-ONE (A-1) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-18-08/BALL)
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 Ball has submitted a land use application for approval of a zone change to the Planned Commercial Development zone district and for approval of
an ODP for property located at 12600 W. 42nd Avenue; and,
WHEREAS, a zone change will allow for an expanded mix of uses which may facilitate development of an underutilized property; and,
WHEREAS, the City Council has conducted a public hearing complying with all
public notice requirements as required by Section 26-109 of the Code of Laws; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Chris Ball for approval of a zone change from Agricultural-One (A-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan (ODP) for property located at 12600 W. 42nd 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: Lot 1, Block 1, Rock Subdivision Filing No. 1, County of Jefferson, State of Colorado.
Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and
welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The
ATTACHMENT 1
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 14th day of May, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, June 11, 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 eleventh day of June, 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: May 14, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 14-2018 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7955 W. 42nd
AVENUE FROM RESIDENTIAL-TWO (R-2) TO PLANNED
RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL
OF AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-17-08/ENVIROFINANCE GROUP) PUBLIC HEARING ORDINANCES FOR 1ST READING (05/14/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/11/2018)
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _________________________
Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Residential-Two to Planned
Residential Development (PRD) for property located at 7955 W. 42nd Avenue. The purpose of the rezoning is to allow development of the property with townhomes. A total of 16 units are proposed for this 1.3 acre parcel.
PRIOR ACTION: Planning Commission will hear this request at a public hearing on May 17, 2018, and will provide a recommendation to City Council. The staff report and meeting minutes from that 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 $1,188 were collected for the review and processing of Case No. WZ-17-08.
Council Action Form – Rezoning Property at 7955 W 42nd Ave
May 14, 2018
Page 2 If the proposed rezoning is approved, there could be an advancement of the City’s goals for the
redevelopment of underutilized properties in the community and for increased housing options.
BACKGROUND: The property is located on West 42nd Avenue where it dead-ends west of Yarrow Street. The property is zoned Residential-Two (R-2), which allows single and two-family residential
development. There is an existing home on the western portion of the property and the rest is
vacant. Surrounding Land Uses Surrounding properties include a variety of land uses. Immediately to the west is a parcel zoned
Residential-Two (R-2) that contains an urban garden, owned by the City of Wheat Ridge, and
known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single-family dwellings. To the south are the fields for the Wilmore-Davis Elementary School, owned by Jefferson County School District. Also on the southern side of the subject property are properties zoned R-2 that contain single-family homes. To the east is a multi-family
property zoned Residential Three (R-3). The property to the north was the site of a greenhouse
which has been demolished and the soil remediated.
Current and Proposed Zoning The existing R-2 zoning on the property allows single and two-family residential development. It
is the intent of this zone change to assemble the eastern portion of the subject parcel with the land
to the north at 4255 Yarrow Street to allow for redevelopment of the site into multi-family, owner-occupied townhomes. The parcel on Yarrow Street was rezoned from Residential-Two to Mixed Use-Neighborhood pursuant to Case No. WZ-16-08. This zoning allows both commercial and residential use. There are several other cases related to this development that City Council will be
considering at the June 11, 2018, public hearing. The existing single family home on the western
portion of the lot will remain “as is”.
The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site development.
RECOMMENDATION: 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 Action Form – Rezoning Property at 7955 W 42nd Ave
May 14, 2018
Page 3 Council to approve rezoning ordinances on first reading. This only sets the date for the public
hearing, and for this reason, the packet materials provided on first reading are generally limited.
RECOMMENDED MOTION: “I move to approve Council Bill No. 14-2018 an ordinance approving the rezoning of property located at 7955 W. 42nd Avenue from Residential-Two (R-2) to Planned Residential
Development (PRD) and for an Outline Development Plan on first reading, order it published,
public hearing set for Monday, June 11, 2018, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 14-2018
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO. 14 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 7955 W. 42nd AVENUE FROM RESIDENTIAL-TWO (R-2) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-17-08/ENVIROFINANCE GROUP)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, EnviroFinance Group has submitted a land use application for approval of a zone change to the Planned Residential Development zone district and for
approval of an ODP for property located at 7955 W. 42nd Avenue; and,
WHEREAS, a zone change will allow for redevelopment opportunities on an underutilized property and increased housing options; and,
WHEREAS, the City Council has conducted a public hearing complying with all
public notice requirements as required by Section 26-109 of the Code of Laws; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by EnviroFinance Group (EFG) for approval of a zone change from Residential-Two (R-2) to Planned Residential Development (PRD) and for approval of an Outline Development Plan (ODP) for property located at 7955 W. 42nd 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 property addressed as 7955 W. 42nd Avenue located within the following described land:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 23, BEING A FOUND 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212", WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION, BEING A FOUND 3-1/4"
DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX,
MARKED "CITY OF WHEAT RIDGE PLS 13212", IS ASSUMED TO BEAR SOUTH
ATTACHMENT 1
00°10'11" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO;
THENCE SOUTH 68°54'09" WEST A DISTANCE OF 732.50 FEET TO THE WESTERLY RIGHT-OF-WAY OF YARROW STREET AND THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 00°13'43" EAST A
DISTANCE OF 386.23 FEET;
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT 23.53 FEET, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 89°52'14" AND WHICH CHORD BEARS SOUTH 44°42'40" WEST A DISTANCE OF 21.29 FEET;
THENCE SOUTH 89°39'02" WEST A DISTANCE OF 618.95 FEET;
THENCE NORTH 00°15'42" WEST A DISTANCE OF 394.56 FEET; THENCE NORTH 89°40'58" EAST A DISTANCE OF 104.15 FEET; THENCE NORTH 00°15'42" WEST A DISTANCE OF 7.00 FEET; THENCE NORTH 89°40'58" EAST A DISTANCE OF 530.00 FEET TO THE POINT
OF BEGINNING.
SAID DESCRIBED PARCEL OF LAND CONTAINS 253,373 SQ. FT. OR 5.8250 ACRES, MORE OR LESS. 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 14th day of May, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, June 11, 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 eleventh day of June 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: May 14, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 27-2018 – A RESOLUTION AMENDING
THE FISCAL YEAR 2018 2E BOND FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $447,708 FOR THE PURPOSE OF REVISING THE ANDERSON PARK MASTER PLAN TO RETAIN A LIGHTED BASEBALL FIELD AND ADD A REMOVABLE OUTFIELD FENCE TO ALLOW FOR A MULTI-USE FIELD
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________
Parks and Recreation Director City Manager ISSUE: Consensus was reached by City Council at the April 16 study session to revise the Anderson Park Master Plan to retain a lighted baseball field and add a removable outfield fence as part of the 2E Bond Anderson Park Renovation project. When removed, the outfield fence will expand
the baseball field into a multi-use field for other activities. A supplemental budget appropriation in the amount of $447,708 is required to fund these revisions to the Anderson Park Master Plan. PRIOR ACTION: On March 27, 2017, City Council awarded a contract to MIG, Inc. to prepare a concept
plan for Anderson Park and concept design for improvements to the Anderson Building and the Outdoor Pool bathhouse. On October 16, 2017, City Council consensus was reached to revise the proposed Anderson Park Master Plan to retain the baseball field with the opportunity to light the field in the
future.
Council Action Form – 2E Bond Fund Budget Amendment
May 14, 2018
Page 2 On October 23, 2017, City Council approved Resolution 39-2017 adopting the Anderson
Park Master Plan, which included replacing the baseball field with a multi-use field.
On November 27, 2017, City Council awarded a contract to Barker Rinker Seacat Architecture for Anderson Park renovation design and construction documents.
On March 5, 2018, City Council consensus was reached to direct staff to investigate
alternative options to retain a lighted baseball field in the city and estimate the costs associated with those options. On April 16, 2018, City Council consensus was reached to revise the Anderson Park Master
Plan to retain the baseball field with a removable outfield fence, replace the lights and add
a multi-use field. FINANCIAL IMPACT: The 2E Bond Fund includes a total of $4 million for the Anderson Park Renovation project.
Additional funds have been budgeted in the Open Space and Conservation Trust Fund budgets in
the amount of $1,950,000 in 2018 and 2019 to meet the estimated construction budget for the design reflected in the adopted Anderson Park Master Plan for a total budget of $5,950,000. Additional funding in the amount of $447,708 is required to retain the baseball field, replace the
lights and add a removable outfield fence. Approximately $600,000 in interest revenue is
available in the 2018 2E Bond Fund to fund this supplemental budget request. If this supplemental budget appropriation is approved the total budget for this project will increase to $6,397,708.
BACKGROUND:
The renovation of Anderson Park is one of the four projects approved by voters through the 2E Bond Issue, Investing 4 the Future, in November of 2016. The improvements associated with this project are intended to provide an updated park that functions effectively for the current uses, future trends and park users.
A public input process was conducted by MIG, Inc. and Barker, Rinker, Seacat Architecture to determine the final adopted Anderson Park Master Plan recommendation. An in-depth process of public outreach ensured that the Master Plan reflected the desires and needs of the Wheat Ridge community. Residents, business owners and stakeholders were invited to focus groups, an
open house, a pop-up workshop and a final community meeting. Input was provided through
written comments, interactive exercises, voting, facilitated discussions and one-on-one conversations. An additional group of neighbors, business owners, parks staff and events organizers participated in focused discussions and a digital design charrette which helped to inform the final plan. All input was tallied and considered and the final design best reflected a
majority of the feedback received from the community.
Council Action Form – 2E Bond Fund Budget Amendment
May 14, 2018
Page 3 At the April 16 study session, City Council requested detailed information on the removable
fence design. This design will consist of a 6 foot high, lightweight, fence panel system, with
insert sleeves and caps installed in ground. The width of the panels are 10 feet. A cut sheet representing the type of fence that meets program and maintenance needs is attached. Depending on the cost of this fence a custom chain link similar in design may be pursued to save cost. It is estimated that the labor required to install and remove the fence is two staff at 16 hours each for
a total of 32 hours.
In addition, City Council also requested the new schedule for use of the baseball and multi-use fields. The attached document represents the calendar year, month to month schedule. The first column is the current schedule and second column is the proposed new schedule. The main
difference between the current and the new schedule is the fall months will now be primarily
soccer usage as opposed to baseball usage. There is flexibility to accommodate new requests for special events and festivals by cancelling or rescheduling sports games and practices during a special event. If a request was approved during the spring months the fence would be removed.
RECOMMENDATIONS:
Staff recommends approval of the supplemental budget appropriation to revise the Anderson Park Master Plan to retain a lighted baseball field with a removable outfield fence to allow for a multi-use field.
Additional public input received from baseball field advocates included a request to replace the
current lights to the Engineering Society Sports and Recreational Area Lighting standard with a higher illuminating system (70-50) that would meet the requirements for college level play. Staff recommends replacing the lights with the recommended illumination system (50-30) which meets the requirements of the planned usage of the field, which is youth and recreational league
play. The higher illuminating system (70-50) would cost an estimated additional $117,600. An
additional $32,000 is the cost to upgrade the 50-30 fixture light poles to accommodate a higher illuminating system in the future. RECOMMENDED MOTION: “I move to approve a Resolution No. 27-2018 – a resolution amending the fiscal year 2018
2E Bond Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $447,708 for the purpose of revising the Anderson Park Master Plan to retain a lighted baseball field and add a removable outfield fence to allow for a multi-use field.”
Or,
“I move to postpone indefinitely Resolution No. 27-2018 – a resolution amending the fiscal year 2018 2E Bond Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $447,708 for the purpose of revising the Anderson Park
Master Plan to retain a lighted baseball field and add a removable outfield fence to allow for
a multi-use field for the following reason(s) ______________________.”
Council Action Form – 2E Bond Fund Budget Amendment
May 14, 2018
Page 4 REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Director of Parks and Recreation
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 27-2018
2. Illustration of removable outfield fencing system
3. Baseball multi-use field program schedule – current and future
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 27 Series of 2018 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2018 2E
BOND FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $447,708 FOR THE PURPOSE OF REVISING THE ANDERSON PARK MASTER PLAN TO RETAIN A LIGHTED BASEBALL FIELD AND ADD A REMOVABLE
OUTFIELD FENCE TO ALLOW FOR A MULTI-USE FIELD WHEREAS, the renovation of Anderson Park is one of four projects approved by voters through the 2E Bond Issue, Investing 4 the Future, in November 2016; and
WHEREAS, City Council wishes to revise the Anderson Park Master Plan to
retain a lighted baseball field with a removable outfield fence to allow for a multi-use field; and WHEREAS, additional funding in the amount of $447,708 is required to retain a
lighted baseball field with a removable outfield fence and multi-use field; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows: A transfer of $447,708 is hereby approved from Fund 31 budget undesignated reserves to account #31-104-800-805 and the 2018 revenues are amended
accordingly.
DONE AND RESOLVED this 14th day of May 2018.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
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ITEM NO: DATE: May 14, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 28-2018 – A RESOLUTION APPROVING
THE ACCEPTANCE OF THE WHEATIES ACADEMY
COMMUNITY ART PROJECT PROPOSAL BY JENUINE & BLU PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE:
Included as part of the curriculum for The Wheaties Academy is a community Public Art project. The Cultural Commission has received a request to approve the recommendation for a temporary piece of art, selected by a Public Art Acquisition Committee, convened per the guidelines of the Public Art Management Plan, for a temporary piece of art to be installed at Anderson Park.
PRIOR ACTION: The Cultural Commission Public Art Management Plan outlines a formal process for approving temporary public art acquisitions. The Cultural Commission convened an art acquisition committee to review the final selections for the community art project. The Wheaties Academy
was responsible for issuing the call for entries. The commissioned art is to be an engaging and
fun artwork that represents the Wheat Ridge community. It will be installed along one façade of the Anderson Pool Building in Anderson Park from Memorial Day 2018 to Labor Day 2018. The Academy accepted all entries, reviewed the entry proposals, and submitted three
recommendations to the public art acquisition committee. The committee then selected one
proposal for recommended acceptance by the Cultural Commission.
Council Action Form – Wheaties Academy Community Art Project
May 14, 2018
Page 2 FINANCIAL IMPACT: The Wheaties Academy will award $2,000 for the selected proposal to cover the artist(s)
honorarium and up to an additional $500 for fabrication costs. Wheaties Academy and the City of Wheat Ridge will cover reasonable costs for installation including posts, framing supports, and/or materials needed to affix the artwork to the building or as a free-standing display.
BACKGROUND:
The Cultural Commission acts on behalf of the City to enhance the public spaces and provide for a more aesthetic and humane environment in the City by acquiring temporary works of art. Their duties include making recommendations on issues concerning culture and the arts to City Council and to promote and develop positive relationships with other persons and entities
interested in promotion of culture and the arts.
The Wheaties Academy is a grassroots leadership program hosted by Localworks. Wheaties Academy provides dedicated community members with the skills to turn inspiration into ideas and ideas into action as they work together to creatively address issues by demonstrating
possibilities in Wheat Ridge. Inspired by the City’s commitment to invest in Anderson Park, this
year’s academy participants selected commissioning a community art piece at the Anderson Pool Building for their community project requirement for the following reasons:
1. Anderson Park connects with a diverse, broad, inclusive and large audience that is representative of our whole community.
2. The park and the building are welcoming and accessible to all community members.
3. The park and pool already offer extensive programming to attract people which will connect them with the final piece of art.
4. The upcoming renovation is an exciting next step in the City’s story which invokes the “what’s next” question.
5. This is a unique opportunity to demonstrate incorporating community art into civic and
municipal projects, inspire more community art moving forward and elevate awareness of Wheat Ridge’s local art scene.
The temporary art will become the property of the Wheaties Academy/Localworks at the end of
the display period, Labor Day 2018.
RECOMMENDATIONS: The recommendation by the Cultural Committee to City Council for acceptance of the Jenuine & Blue proposal of the Wheaties Academy community art project is pending action at the
Wednesday, May 9, 2018, Cultural Commission meeting.
RECOMMENDED MOTION: “I move to approve Resolution No. 28-2018, a resolution approving the acceptance of the Wheaties Academy Community Art Project proposal by Jenuine & Blu.”
Council Action Form – Wheaties Academy Community Art Project
May 14, 2018
Page 3
Or,
“I move to postpone indefinitely Resolution No. 28-2018, a resolution approving the acceptance of the Wheaties Academy Community Art Project proposal by Jenuine & Blu for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY: Julie Brisson, Recreation and Facilities Manager Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 28-2018 2. Jenuine & Blu Proposal 3. Jenuine & Blu Artwork
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 28
Series of 2018 TITLE: A RESOLUTION APPROVING THE ACCEPTANCE OF THE WHEATIES ACADEMY COMMUNITY ART PROJECT PROPOSAL BY JENUINE & BLU
WHEREAS, the City Council desires to enhance the public spaces and provide for a more aesthetic and humane environment in the City by acquiring temporary works of art; and
WHEREAS, Wheaties Academy; a grassroots leadership program of
Localworks, commissioned an engaging and fun artwork project that represents the community; and WHEREAS, Wheaties Academy requested artists include a component of
community interaction into the artwork; and
WHEREAS, the Cultural Commission is recommending acceptance of this temporary art;
WHEREAS, the Public Art Action Plan process requires approval and
acceptance of all public art by City Council; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
The City accepts the temporary art of the Wheaties Academy Community Art Project proposal by Jenuine & Blu DONE AND RESOLVED this 14th day of May 2018.
____________________________ Bud Starker, Mayor
ATTEST: _______________________
Janelle Shaver, City Clerk
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
ITEM NO: DATE: May 14, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO RATIFY THE MAYORAL APPOINTMENT(S) OF MICHELE KOONS TO THE DISTRICT I POSITION AND VALERIE NOSLER BECK TO THE DISTRICT IV POSITION ON THE WHEAT RIDGE URBAN RENEWAL AUTHORITY dba RENEWAL WHEAT RIDGE
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager
ISSUE: There are two vacant positions with existing terms on the Renewal Wheat Ridge Board in District I - term expiring March 2, 2019, and in District IV - term expiring March 2, 2021.
The vacancies were advertised in the Wheat Ridge Transcript, Channel 8, Facebook, and the City’s website. Applications were received and compiled by the Clerk’s office with notification sent to the Mayor on the status.
Mayor Starker is requesting ratification of the appointments of Michele Koons to the District I
position, term to expire March 2, 2019, and Valerie Nosler Beck to the District IV position, term to expire March 2, 2021. PRIOR ACTION: None
FINANCIAL IMPACT: None
Council Action Form – Mayoral Appointments to Renewal Wheat Ridge
May 14, 2018
Page 2 BACKGROUND: Members of Renewal Wheat Ridge are appointed by the Mayor and ratified by City Council.
RECOMMENDATIONS: Mayor Starker is recommending that Michele Koons be appointed to Renewal Wheat Ridge, District I, term to expire March 2, 2019.
Mayor Starker is recommending that Valerie Nosler Beck be appointed to the Renewal Wheat Ridge, District IV position, term to expire March 2, 2021. RECOMMENDED MOTIONS:
1) “I move to ratify the Mayoral appointment of Michele Koons, District I, to the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire March 2, 2019.” 2) “I move to ratify the Mayoral appointment of Valerie Nosler Beck, to the Wheat Ridge
Urban Renewal Authority dba Renewal Wheat Ridge, term to expire March 2, 2021.”
Or “I move to postpone indefinitely the Mayoral appointment of Michele Koons to the District I
Position of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to
expire March 2, 2019, for the following reason(s) _____________________.” “I move to postpone indefinitely the Mayoral appointment of Valerie Nosler Beck to the District IV Position of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to
expire March 2, 2021, for the following reason(s) _____________________.”
REPORT PREPARED/REVIEWED BY: Janice Smothers, Administrative Assistant to the Mayor and Council
Patrick Goff, City Manager
ATTACHMENTS: 1. Michele Koons, Application for Appointment 2. Valerie Nosler Beck, Application for Appointment
3. Renewal Wheat Ridge Applications Received
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
Board and Commission Application
APPLICATION FOR APPOINTMENT TO THE:
(Board/Commission/Committee)
DATE: DISTRICT:
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE?
ARE YOU A REGISTERED VOTER?
WHY ARE YOU SEEKING THIS APPOINTMENT?
DO YOU HAVE EXPERIENCE IN THIS AREA?
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG?
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES?
PRINT NAME
ADDRESS
HOME PHONE BUSINESS PHONE
E-MAIL ADDRESS
Checking here completes your application, constitutes your signature and affirmation that the statements made are true.
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk’s Office, 7500 W. 29th Ave., Wheat Ridge CO 80033
Renewal Wheat Ridge
01/08/2018 2
3.5 years
Y
I believe it's important to be an active member of my community by being civically engaged.
I am interested in smart planning and revisiting Wheat Ridge's brand as a pro-business destination for visitors and residents alike.
I've previously served on the Arapahoe County Citizens Budget Committee and the Littleton Historic Preservation Board.
I do work full-time and have two young kids.
Richard Coolidge
4050 Chase Street
303-478-4276
rich.coolidge@gmail.com
4
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