HomeMy WebLinkAboutCouncil Agenda Packet 06-11-18
AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 11, 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 May 14, 2018 and Study Session Notes of May 21, 2018 PROCLAMATIONS AND CEREMONIES
National Safety Month Men’s Health Month Affordable Housing Awareness 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: June 11, 2018 Page -2-
1. CONSENT AGENDA a. Motion to approve payment to Kaiser Permanente for June 2018 Membership Billing
in the amount of $178,401.34
b. Resolution No. 32-2018 – amending the Fiscal Year 2018 General Fund Budget to reflect the approval of a Supplement Budget Appropriation in the amount of $48,000 for Law Enforcement Academy Training for Eight Wheat Ridge Recruits c. Resolution No. 33-2018 – amending the Fiscal year 2018 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in the amount of $9,000
for Police Promotional Examinations d. Resolution No. 34-2018 – amending the Fiscal Year 2018 General Fund Budget to reflect the approval of a Supplement Budget Appropriation in the amount of $16,555.38 for Licensing and Maintenance Fees to Logistic Systems, Inc.
e. Motion to award a contract to Murphy Construction of Denver, Co., in the amount of
$154,646 for Johnson Park Trail Improvements Project and to approve a Contingency amount of $15,000 for a total of $169,646 PUBLIC HEARING AND ORDINANCES ON SECOND READING
2. 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/Yarrow Gardens)
3. Resolution 29-2018 – approving a Specific Development Plan for Property Zoned Planned Residential Development at 7955 W. 42nd Avenue (Case No. WZ-17-09/Yarrow Gardens)
4. Resolution 30-2018 – approving a Seventy-Three Lot Subdivision Plat for property
zoned Mixed Use Neighborhood (MU-N) and Planned Residential Development at 4255 Yarrow and 7955 W. 42nd Avenue (Case No. WS-17-05/Yarrow Gardens) 5. Resolution 31-2018 – approving a Seventeen-Lot Subdivision Plat for property zoned
Planned Residential Development at 7955 W. 42nd Ave. (Case No. WS-17-06/Yarrow
Gardens) 6. 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)
ORDINANCES ON FIRST READING
7. Council Bill 15-2018 – amending the Wheat Ridge Code of Laws to include a new
criterion for reviewing Special Use Permits (Case No. ZOA-18-02)
CITY COUNCIL AGENDA: June 11, 2018 Page -3-
ORDINANCES ON FIRST READING cont. 8. Council Bill 16-2018 – amending Chapter 26 of the Wheat Ridge Code of Laws
concerning electrified fences (Case No. ZOA-18-03) CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT
ITEM NO: DATE: June 11, 2018
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO KAISER PERMANENTE FOR JUNE 2018 MEMBERSHIP BILLING IN THE AMOUNT OF $178,401.34
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. June billing is in the amount of $178,401.34 which
requires City Council approval. PRIOR ACTION: Approval of May 2018 Kaiser bill.
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 June 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, increases in
Kaiser plan renewals have been minimal compared to the market the past two years.
Council Action Form – Kaiser June 2018 Billing
April 9, 2018
Page 2 RECOMMENDATIONS: Staff recommends that City Council approve the June 2018 Kaiser bill for payment.
RECOMMENDED MOTION: “I move to pay the June 2018 Kaiser bill in the total amount of $178,401.34.”
Or,
“I move to deny the payment of the June 2018 Kaiser bill in the amount of $178,401.34 for the following reason(s) _______________________________________________.” REPORT PREPARED/REVIEWED BY:
Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. 2018 June Kaiser Bill
ATTACHMENT 1
Kaiser Permanente
Membership Administration
P.O. Box 203009
Denver, co 80220-9009
MB 02 000161 70876 H 3 A, .1111,, ••• 111, 1111 'I' I• I• I I I 1' •11 I I I I I I 11 Ila a 111 ·'I··· 1111111111
CITY OF WHEAT RIDGE
CITY OF WHEAT RIDGE -COBRA 1) ATTN: CHRISTINE JONES
7500 W 29TH AVE
WHEAT RIDGE, CO 80033-8001
Please send payments only to the following address:
Kaiser Permanente
Membership Administration
Kaiser Permanente
PO BOX 711697
Denver, CO 80271-1697
Please mail all membership changes to:
Kaiser Permanente
Membership Administration
P.O. Box203009
Denver, CO 80220-9009
GROUP-BILLGROUP-REGION: 00181-02-16
Invoice Creation Date: May 02, 2018
Bill Period Dates: 06/01/2018-06/30/2018
Invoice Number: 0021286597
Bill Date: 05/02/2018
Amount Due: $6,025.96
PLEASE PAY BY: 05/31/2018
For Billing Inquiry:
TABITHA MARIE LEE -CSCC
Phone: 866--868-7220
Or, send membership changes to either:
Fax: 866-311-5974
Email: csc-den-roc--group@kp.org
Did you know you could process your membership changes online at kaiserpermanente.org?
-----------···-·········-------------------------·----------------------------------. . . . ..·-· .. .. . ............ ·····-······ -------------·-···· --- ...... .... ., ............• ___ . �-.. -.. ------.. -. -_-----------------GROUP-BILLGROUP-REGION: 00181-02-16 (RETURN THIS PORTION WITH YOUR PAYMENT)
CITY OF WHEAT RIDGE
ATTN: CHRISTINE JONES
7500 W29TH AVE
WHEAT RIDGE, CO 80033--8001
Provide Billing Unit number(s) on check and make it payable to:
Kaiser Permanente
PO BOX 711697
Denver, CO 80271-1697
lnwk:e Number:
BiH Period Dat&:
Please pay 1his amount
Payment must be received by:
Amount Paid:
0021286597
06/01/2018
$6,025.96
05/31/2018
ITEM NO: DATE: June 11, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 32-2018 - A RESOLUTION AMENDING THE FISCAL YEAR 2018 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENT BUDGET APPROPRIATION IN THE AMOUNT OF $48,000 FOR LAW ENFORCEMENT ACADEMY TRAINING FOR EIGHT
WHEAT RIDGE RECRUITS
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Chief of Police City Manager
ISSUE: The police department is requesting approval of a supplemental budget appropriation in the amount of $48,000 to provide Colorado Peace Officer’s Standards and Training (POST) certification for eight recruits at the Jefferson County Sheriff’s Office and Lakewood Police
Department’s Combined Regional Academy. PRIOR ACTION: City Council approved four police officer positions in 2017, increasing the authorized strength of the department to 78 sworn positions, including one grant position.
FINANCIAL IMPACT: For the January 2018 Jefferson County Sheriff’s Office and Lakewood Police Department’s Combined Regional Academy, the police department hired five recruits and was able to hire an
additional lateral officer for a total of six officers. The funds for this Academy were appropriated
in the 2018 budget and have been spent. Due to unforeseen retirements, resignations, and separations from the department in 2018, as well as anticipating attrition through the end of
Council Action Form – Budget Supplemental for Regional Training Academy
June 11, 2018
Page 2 2018, the police department is requesting a supplemental budget appropriation to provide police academy training for an additional eight recruits in 2018.
The financial impact to the General Fund is a requested increase in the amount of $48,000 for the cost of academy training for eight recruits at $6,000 each. There are adequate reserves to cover this appropriation.
BACKGROUND
The Jefferson County Sheriff’s Office and Lakewood Police Department’s Combined Regional Academy currently holds two law enforcement training academy sessions, one in January and one in July. The Wheat Ridge Police Department uses this regional academy to train the City’s newly hired recruits to become certified law enforcement officers through Colorado POST. The
cost of training per recruit is $6,000, which is an increase from previous years. For the July class,
the City has reserved space for eight recruits to fill current position vacancies and to allow for attrition likely to occur within the next six months. The total cost of academy training for eight recruits at $6,000 each is $48,000. Fees are payable to the Lakewood Police Department. RECOMMENDATIONS:
Staff recommends that City Council approve the supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve Resolution No. 32-2018, a resolution amending the fiscal year 2018 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of
$48,000 for law enforcement academy training for eight Wheat Ridge recruits.” Or,
“I move to table indefinitely Resolution No. 32-2018, a resolution amending the fiscal year 2018
General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $48,000 for law enforcement academy training for eight Wheat Ridge recruits for the following reason(s)______ _________________.”
REPORT PREPARED/REVIEWED BY:
Jim Lorentz, Patrol Operations Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS;
1. Resolution No. 32-2018
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32
Series of 2018 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2018 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENT BUDGET APPROPRIATION IN THE
AMOUNT OF $48,000 FOR LAW ENFORCEMENT ACADEMY TRAINING FOR EIGHT WHEAT RIDGE RECRUITS
WHEREAS, due to unforeseen retirements, resignations, and separations from the police
department, as well as anticipating possible retirements, resignations, and separations through the
end of 2018, the police department is requesting additional funding to send eight Wheat Ridge Police recruits to the Jefferson County Sheriff’s Office and Lakewood Police Department’s Combined Regional Academy; and
WHEREAS, the cost of the increase to the Police Department Training Budget account
is $6,000 per recruit for eight recruits; 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:
Section 1. A transfer of $48,000 from General Fund undesignated reserves for police recruit training costs for eight police recruits to account 01-207-700-728 is hereby approved and revenues are amended accordingly. DONE AND RESOLVED this 11TH day of June 2018.
Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk
ATTACHMENT 1
ITEM NO: DATE: June 11, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 33-2018 - A RESOLUTION AMENDING THE FISCAL YEAR 2018 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $9,000 FOR POLICE PROMOTIONAL EXAMINATIONS
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________
Chief of Police City Manager
ISSUE: The Police Department is requesting approval of a supplemental budget appropriation in the amount of $9,000 to provide assessment center promotional examinations to promote members
of the department to open full time positions at the level of Police Sergeant. PRIOR ACTION: The Police Department had budgeted for one promotional examination in 2018. This funding was used to provide a promotional examination for the rank of Commander, where there were
two openings.
FINANCIAL IMPACT: The Police Department had $12,000 budgeted in 01-201-700-750 for promotional processes in 2018. A Police Commander process was conducted in April to fill two vacant positions at the
cost of $10,500. There are currently two vacant police sergeant positions that need to be filled.
The financial impact to the General Fund is a requested increase in the amount of $9,000 to cover the cost of a promotional examination and incidental costs. There are adequate reserves to cover this appropriation.
Council Action Form – Budget Supplemental for Promotional Examinations
June 11, 2018
Page 2 BACKGROUND The Police Department has used the promotional examination in the form of professional
assessment centers for the past several years. Assessment centers provide a means of gathering relevant information, under standardized conditions, about an individual’s capabilities to perform a supervisory or management job. In essence, the assessment center method gives a candidate the opportunity to demonstrate his/her abilities in a variety of situations which may not be
readily observable in day-to-day job activities. In addition, the assessors who evaluate
candidate’s behavior see all individuals from a common frame of reference during the various assessment activities. These procedures help to ensure that the judgments made are relatively free of the many forms of rater bias and can serve as the basis for accurate predictions of an individual's supervisory/managerial potential or career development needs. The assessment
center is the best-practice model for promotional examinations in law enforcement today.
The department had two police supervisors who separated from the organization in 2018. These separations were unanticipated and filling these positions is critical to the organization’s success.
RECOMMENDATIONS:
Staff recommends that City Council approve the supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve Resolution No. 33-2018, a resolution amending the fiscal year 2018 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of
$9,000 for police promotional examinations.” Or,
“I move to table indefinitely Resolution No. 33-2018, a resolution amending the fiscal year 2018
General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $9,000 for police promotional examinations, for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY:
Jim Lorentz, Patrol Operations Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS:
1. Resolution No. 33-2018 2. Project Proposal
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 33
Series of 2018
TITLE: RESOLUTION NO. 33-2018 - A RESOLUTION AMENDING THE FISCAL YEAR 2018 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $9,000 FOR POLICE PROMOTIONAL EXAMINATIONS WHEREAS, due to unforeseen retirements within the police department at the supervisory position of Sergeant, the department is requesting additional funding to
conduct promotional examinations to promote individuals to the rank of Sergeant; and
WHEREAS, the cost of the increase to the Police Department Administration, Professional Services Budget account is $9,000; 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: Section 1. A transfer of $9,000 from General Fund undesignated reserves for police promotional processes to account 01-201-700-750 is hereby
approved and revenues are amended accordingly
DONE AND RESOLVED this 11TH day of June 2018.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
ATTACHMENT 1
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PROJECT PROPOSAL
Design, Development, and
Administration of a Promotional
Assessment Process for Sergeant
Prepared by:
Jack Clancy Associates
1104 Corporate Way Sacramento, CA 95831 Phone: 916.805.5920 Fax: 916.960.1140 info@JackClancyAssociates.com www.JackClancyAssociates.com
Matthew L. Gruver Principal Phone: 916.612.6797
MGruver@JackClancyAssociates.com
Wheat Ridge Police Department
May 1, 2018
ATTACHMENT 2
2 | Page
INTRODUCTION
May 1, 2018
Dan Brennan Chief of Police Wheat Ridge Police Department
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Re: Police Sergeant Assessment Process
Chief Brennan,
Jack Clancy Associates is pleased to present to the Wheat Ridge Police Department the following cost proposal outlining our approach to assisting the WRPD with its upcoming assessment process for Sergeant.
Our methodology for the proposed project is designed to comply with all prevailing technical and professional guidelines including the Standards for Educational and Psychological Testing, the Uniform Guidelines on Employee Selection Procedures, the Principles for the Validation and Use of Personnel Selection Procedures of the Society for Industrial and Organizational Psychology, and the Guidelines and Ethical Considerations for Assessment Center Operations.
We hope this information meets with your approval and we look forward to working with you on this exciting project. If you have any questions regarding the content of this proposal or need any additional information, please feel free to contact me directly at 916-612-6797, or via e-mail at MGruver@JackClancyAssociates.com.
Respectfully,
Matt Gruver
Matt Gruver
Principal
3 | Page
PROJECT METHODOLOGY
I. Administrative Set-up & Job Analysis Review: The first activity of each JCA assessment process is the job analysis. We have extensive experience designing and administering job analyses for law enforcement, and are experts at
identifying and collecting the information necessary to validate promotional assessment
processes at the supervisory and management level. Our job analysis methodology on this project will involve working directly with the WRPD administration and other internal subject matter experts (SMEs) to review the critical Police Sergeant job functions; the overall criticality of the knowledge, abilities, skills, and other characteristics (KASOs) required to perform those
identified job functions; and a determination of where and when the KASOs are acquired and
how important they are to job success. II. Assessment Process Design, Development & Administration: Exercise Design and Development.
Following the job analysis review phase of the project, JCA project staff will identify and document the dimensions to be measured in the assessment process and discuss with the SMEs possible approaches to measure each of the critical characteristics in a manner that best represents their role within the WRPD. Based on our previous experience in this area, we
recommend that the assessment process be comprised of three to four exercise components. JCA
staff will work closely with the SMEs to design and develop the content and structure of each individual exercise. A description of the potential assessment exercises that we are recommending for use on this project is described below:
In-Basket Exercise. This type of exercise requires the candidate to review a set of
internal and external communications with the directive to review, prioritize, and recommend a course of action for each. The candidate then verbally presents his/her recommendations and reasoning to the panel of assessors.
Oral Presentation Exercise. This type of exercise requires the candidate to plan and
organize his/her thoughts and make notes for a short presentation on a specific job-related issue such as presenting a new departmental procedure to subordinates or sharing pertinent information with the public. After the presentation, the assessors are provided with the opportunity to question the candidate relative to the information presented.
Background Presentation Exercise. This type of exercise requires the candidate to prepare a short presentation on his/her professional background and preparation for promotion. After the presentation, the assessors are provided with the opportunity to question the candidate relative to the information presented.
Law Enforcement Tactical/Operational Exercise. This type of exercise requires the candidate display his/her ability and readiness to take command of and run a tactical situation or critical incident.
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Role Play Exercise. This type of exercise requires the candidate to interact with one or
more role players in connection with a specific job-related issue or problem. Following
the interaction, the assessors are given the opportunity to question the candidate regarding his/her approach to the situation and the rationale behind decisions made and actions taken. This exercise could also include a follow-up written component.
Written Exercise. This type of exercise requires the candidate to prepare a written
response on a job-related topic area. It can be used as a stand-alone exercise or be paired with a follow-up presentation of what the candidate has prepared in writing. Structured Interview. This type of exercise requires the candidate to respond to a series
of situational questions designed to elicit the skills necessary for success on the job.
Once developed, the SMEs will undertake a final review of the exercises to ensure the appropriateness of the dimensions and relevance of each to the WRPD’s specific needs, situations, conditions, and the current and anticipated needs of the local community.
Assessor Recruitment and Training. The assessor team recruited to evaluate the candidate group should include experienced law enforcement personnel at or above the target rank. While experience is the prime criterion, attention should also be given to balancing the group of assessors by ethnicity and gender. The
actual number of assessors will be determined by the final exercises to be used and the number
of candidates to be assessed, however, we anticipate the need for six assessors on this assessment process. JCA project staff will provide each assessor with training on the exercises to be used. This
training will be provided immediately prior to the administration of the assessment process and
will include a:
Review of the assessment model and associated assessor responsibilities.
Review of the performance dimensions to be evaluated.
Review of the concepts underlying behavioral observation, classification and evaluation.
Review of the assessment exercises, including all instructions, rating forms, and possible
candidate responses.
In addition, just prior to the administration of the assessment process, JCA will provide the candidates with written assessment center orientation material that emphasizes the assessment dimensions, expected candidate behavior, the assessment model/schedule, and the types of
exercises to be included as part of the assessment process.
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Assessment Process Administration. Throughout the project JCA staff will work closely with the WRPD administration and the City
of Wheat Ridge Human Resources Department, if needed, to ensure that the assessment process conforms to current City and/or WRPD administrative standards. In addition, JCA will provide all training and exercise materials and facilitate the administration of the assessment process to ensure uniform and comparable ratings among assessors.
Reporting of Results. At the conclusion of the assessment process, JCA will supply the WRPD with a ranked list of final scores and assist in responding to any questions or inquiries regarding the assessment process and the methods used to evaluate the candidate group.
III. Project Costs: As an active supporter of the law enforcement community we are very aware of the financial pressures facing public agencies and will cooperate with the Wheat Ridge Police Department to
ensure that this project is conducted in the most efficient and cost effective manner possible.
Cost estimates are listed below along with the assumptions upon which they are based:
• The WRPD will provide guidance to JCA during both the job analysis review and exam
development phases of the project.
• The WRPD will provide a site and any supplies/equipment needed for the administration of project activities.
• The WRPD will recruit the assessor team and reimburse them directly for any expenses
incurred.
• JCA will provide all exam materials as listed previously in this proposal.
• JCA will provide four hours of consulting time without charge in defense of these
assessment activities if they are legally challenged and/or litigated. Additional consulting
services will be invoiced at the rate of $250.00 per hour, plus expenses. Police Sergeant Assessment Process $ 9,000.00
- Project planning and job analysis review - Assessment exercise design and development - Assessor training - Facilitation of assessment process - Finalization of scores
IV. Qualifications & Experience: Jack Clancy Associates is the premier provider of assessment center programs to the public sector. Our knowledge, expertise and customer service is unparalleled as we have been the
industry leader in helping to build successful organizations since 1980. Headquartered in Sacramento, CA our services include the design and development of assessment centers and performance examinations for recruitment, selection and promotion, and we specialize in the assessment and evaluation of public safety command personnel.
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We are thoroughly familiar with professional and regulatory standards in the testing area, and
our associates possess significant knowledge and experience in fair employment, the Uniform
Guidelines on Employee Selection Procedures, and the Guidelines and Ethical Considerations
for Assessment Center Operations. For the protection of itself and its clients, JCA carries insurance in the following amounts:
• General Liability - $2,000,000/$4,000,000
• Professional Liability - $1,000,000/$3,000,000
Experience of Key Personnel Matt Gruver Principal
Matt Gruver specializes in the development and administration of public sector selection and
leadership development programs. Over the past 25 years, Mr. Gruver has designed and developed performance tests and assessment centers for the full range of supervisory and management positions within law enforcement. He was heavily involved in the U.S. Transportation Security Administration’s (TSA) efforts to federalize and staff the nation’s
airports following the tragic events of 9/11. He is considered an expert in the field of public
safety assessment and selection and was the primary architect of the TSA’s assessment interviews for Law Enforcement and Supervisory Law Enforcement Officer. Prior to joining Jack Clancy Associates, Mr. Gruver was the Senior Manager of testing and assessment services for CPS Human Resource Services in Sacramento, CA.
Mr. Gruver is a frequent presenter on issues related to selection and assessment, and is active in numerous professional organizations including the International Association of Chiefs of Police (IACP) and the International Association of Fire Chief’s (IAFC). He holds a M.A. degree in Industrial/Organizational Psychology from California State University, Sacramento.
Jack Clancy Principal Associate Jack Clancy has, over the past 35 years, specialized in designing and conducting assessment
procedures for the public sector. His experience has been the area of personnel assessment and
development for professional-level and general supervisory/management positions. Specialty practice areas include job analysis, assessment centers, executive selection, validation research, and management coaching. Mr. Clancy has a M.S. in Industrial/Organizational Psychology, and designed his first assessment center in the l970s. Since then, he has developed well over 300
assessment centers, and presented many training courses in this area.
Mr. Clancy is one of the founding members and Past President of the Personnel Testing Council of Northern California. He is a member of the American Psychological Association, the International Public Management Association - HR and the International Public Management
Association Assessment Council. He was also a member of the international task force that
drafted the 1989 Guidelines and Ethical Considerations for Assessment Center Operations.
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Mary Wamsley Principal Associate
Before joining Jack Clancy Associates, Ms. Wamsley spent over twenty-seven years in Colorado law enforcement, including twice serving as the acting Police Chief of the Commerce City (CO) Police Department. Since then she has spent a considerable amount of time developing and
conducting assessment centers and job performance tests for promotion and executive selection;
conducting organizational and personnel assessments and investigations and lecturing and training others nationally on management and supervisory practices, organizational development issues, and communication skills for law enforcement personnel. She is also active at the federal level, having served as the national chairperson for the Defense Advisory Committee on Women
in the Services (DACOWITS) and currently sits on the Alliance for National Defense national
advisory board. Additionally, Ms. Wamsley is a past recipient of the Secretary of Defense award for Outstanding Public Service, and currently sits on numerous national advisory boards including the Alliance for National Defense and the Pennsylvania State University Institute for Continuing Justice Education and Research.
She holds a B.S. in Criminal Justice from the University of Nebraska, and a M.S. in Business Management from Regis University, and is a trustee of the International Association of Women Police, is a founder of the Colorado Association of Women Police, and the Colorado Women in Criminal Justice; a member of the Society for Human Resource Management and the National
Association of Women Law Enforcement Executives.
ITEM NO: DATE: June 11, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 34-2018 - A RESOLUTION AMENDING THE FISCAL YEAR 2018 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENT BUDGET APPROPRIATION IN THE AMOUNT OF $16,555.38 FOR LICENSING AND MAINTENANCE FEES TO LOGISTIC
SYSTEMS, INC.
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Chief of Police City Manager
ISSUE: The Police Department is requesting approval of a supplemental budget appropriation in the amount of $16,555.38 for licensing and maintenance fees to extend the contract for Logistic Systems, Inc. (Logisys) desktop application for its records management system database to
December 31, 2018. PRIOR ACTION: The police department has used the records management services of Logisys for the last 17 years for its police records systems. On February 23, 2015, City Council approved an
intergovernmental agreement for the Records Management Consortium (RMSC) and has since approved the budget to purchase a Niche records management system. FINANCIAL IMPACT: The financial impact to the General Fund is a requested increase in the amount of $16,555.38 to
cover the cost of licensing and maintenance fees for the Logisys desktop application for RMS.
Council Action Form – Budget Supplemental for Logisys RMS
June 11, 2018
Page 2 BACKGROUND Planning for the cutover from Logisys to the regional Niche records management system has
been challenging for the police department and City Information Technology. Operating within
the six agency consortium has provided much needed financial, configuration and technical support, but reaching consensus regarding operating procedure as well as unanticipated production issues with the product have lengthened the implementation schedule.
During the 2018 budget planning process, the department anticipated a full cutover to Niche by
June 30, 2018. This meant that the department would be using the Niche system for the input of new criminal justice records as well as having access to our former legacy data through the Niche application. The department has learned that Niche will not be able to provide the support necessary to import legacy data from the Logisys records management system into Niche until
later in 2018. It is vital to public safety for law enforcement members of the department to be
able to access this data for criminal investigations and follow-up. This budget supplemental will allow the department to make the Logisys database available to members of the police department on desktop applications until the converted database can be imported into Niche.
RECOMMENDATIONS:
Staff recommends that City Council approve the supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve Resolution No. 34-2018, a resolution amending the fiscal year 2018 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of
$16,555.38 for licensing fees and maintenance to Logistic Systems, Inc.,” Or,
“I move to table indefinitely Resolution No. 34-2018, a resolution amending the fiscal year 2018
General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $16,555.38 for licensing fees and maintenance to Logistic Systems, Inc., for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY:
Jim Lorentz, Patrol Operations Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS;
1. Resolution No. 34-2018 2. Logistic Systems, Inc. Invoice
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34
Series of 2018
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2018 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENT BUDGET APPROPRIATION IN THE
AMOUNT OF $16,555.38 FOR LICENSING AND MAINTENANCE FEES TO LOGISTIC SYSTEMS, INC. WHEREAS, due to circumstances beyond the control of the police department,
the new police Records Management System (RMS) will not be operational prior to
July 1, 2018 as previously anticipated. The police department is requesting additional funding to pay licensing and maintenance fees to continue the operation of the current RMS through December 31, 2018; and
WHEREAS, the cost of the increase to the Information Technology, Other Equipment Budget account is $16,555.38; 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:
Section 1. A transfer of $16,555.38 from General Fund undesignated reserves to account 01-117-700-776 is hereby approved and revenues are amended accordingly.
DONE AND RESOLVED this 11TH day of June 2018.
Bud Starker, Mayor
ATTEST:
Janelle Shaver, City Clerk
ATTACHMENT 1
ATTACHMENT 2
ITEM NO: DATE: June 11, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT TO MURPHY
CONSTRUCTION OF DENVER, CO., IN THE AMOUNT OF
$154,646 FOR JOHNSON PARK TRAIL IMPROVEMENTS PROJECT AND TO APPROVE A CONTINGENCY AMOUNT OF $15,000 FOR A TOTAL OF $169,646
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Parks and Recreation Director City Manager ISSUE: A section of the Clear Creek Trail and the Johnson Park Trailhead parking lot are in need of
repair and updating to meet ADA compliance requirements. The scope of work for the contract award includes completing improvements to the trailhead parking lot, realigning two 90 degree turns and rebuilding a portion of the trail that crosses the drainage channel in the park. These improvements to the Clear Creek Trail system will improve rider safety, fire access and
maintenance operations and provide an ADA accessible concrete trail and parking for trail users.
This project is funded by a matching grant using Land and Water Conservation funds through the Colorado State Trails program. PRIOR ACTION: Funds for the project were approved in the 2018 Fund 32 Open Space budget.
FINANCIAL IMPACT: A Colorado State Recreational Trails Grant was awarded for this project in the amount of $124,793. Total project budget, including City matching funds, is $250,000, and
matching funds for the grant are available in Fund 32.
Council Action Form – Johnson Park Trail Improvements Project
June 11, 2018
Page 2 Due to grant requirements regarding encumbering property in perpetuity for recreation
purposes, a section of the trail originally included in the scope of the grant located in
CDOT right-of-way (ROW) was removed from the project. CDOT ROW cannot be encumbered in perpetuity for this purpose. The total amount of the grant award will be reduced to 50% of the cost of the project which is $84,823. BACKGROUND:
The trail project in the Johnson Park Trailhead area has a section of trail that has two tight contiguous 90 degree turns. These turns are non-typical turns in the Clear Creek Trail system that need to be replaced for rider safety, fire access and maintenance operations. This section of trail would be removed and straightened. In the same area there will be an ADA accessible concrete
parking lot added for trail users.
The second section of the project includes trail work in the area directly west of the Wadsworth Blvd bridge over Clear Creek. This area currently has two vertical raised sections that form an existing drainage channel. These vertical raised sections are a non-typical trail feature, and can
create a slip hazard during winter months. Due to their steep grade, they are not ADA accessible
and limit maintenance operations. The trail work in this section will include removal of the vertical section, adjusting the slope of the trail, drainage work, minor repositioning of the trail, and the addition of guard railing.
Nine bids were received for ITB-18-06 on May 29, 2018. Murphy Construction of Denver, CO.
was the low bidder at $154,646. Funding for this project is budgeted in the Fund 32 Open Space budget. RECOMMENDATIONS: Staff recommends the award of the contract to Murphy Construction of Denver, CO., for
the construction of improvements to the Clear Creek Trail. RECOMMENDED MOTION: “I move to award a contract to Murphy Construction of Denver, CO. in the amount of $154,646
for the Johnson Park Trail Improvements Project and to approve a contingency amount of $15,000
for a total of $169,646.” Or,
“I move to deny award of contract to Murphy Construction of Denver, CO. in the amount of
$154,646 for the Johnson Park Trail Improvements Project and to approve a contingency amount of $15,000 for the following reason(s) ______________________.”
Council Action Form – Johnson Park Trail Improvements Project
June 11, 2018
Page 3 REPORT PREPARED/REVIEWED BY: Mark Ruote, Park Project Coordinator
Rick Murray, Parks, Forestry and Open Space Manager Joyce Manwaring, Director of Parks and Recreation Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager
ATTACHMENTS: 1. Bid Tabulation Sheet
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ITEM NO: DATE: June 11, 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 TO
PLANNED RESIDENTIAL DEVELOPMENT AND FOR
APPROVAL OF AN OUTLINE DEVELOPMENT PLAN
(CASE NO. WZ-17-08/YARROW GARDENS)
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 (R-2) to Planned
Residential Development (PRD) for property located at 7955 W. 42nd Avenue. An Outline Development Plan (ODP) accompanies the zone change to serve as the zoning document and includes development standards and the general location of building footprints, parking areas and perimeter landscape buffers. The purpose of the zone change and ODP approval is for the
development of sixteen townhome units on this 1.3-acre parcel. The ultimate development will
be combined with the property to the north at 4255 Yarrow Street for an 89-unit townhouse project. Rezoning to a planned development is a two-step process. The first step is the ODP, which, if
approved, changes the zoning designation on the land, establishes allowed uses, development
standards and a general layout for the property. The second step in the process is the Specific Development Plan (SDP), which focuses on the details of the development such as stormwater drainage, architecture, lot layouts, and specific building location and orientation. The SDP must be found to be compliant with the ODP in order to be approved.
Council Action Form – Rezoning and ODP/7955 W 42nd Ave
June 11, 2018
Page 2 The parcel is under contract to be purchased by Thrive Home Builders, the same Denver-based builder who developed the Perrin’s Row townhomes at West 38th Avenue and Depew Street.
PRIOR ACTION: Planning Commission heard this request at a public hearing on May 17, 2018, and recommended approval of the zone change and ODP for the following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the
community. 2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and the Wadsworth Subarea Plan. 3. The zone change will promote redevelopment and revitalization of the property and may
serve as a catalyst for other property redevelopment or improvements in the area.
4. The criteria used to evaluate a zone change support the request. With the following condition:
1. All minor corrections occur prior to the public hearing in front of City Council.
All of the requested changes from Staff have been corrected so this condition has not been included in City Council’s recommended motion. FINANCIAL IMPACT:
Fees in the amount of $2,415 were collected for the review and processing of Case Nos. WZ-17-08 and WZ-17-09. Building permit fees, use tax and fees in lieu of parkland dedication will be collected as well.
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, which will remain, 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 a shared 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, which is also now proposed for
townhomes by the same builder.
Council Action Form – Rezoning and ODP/7955 W 42nd Ave
June 11, 2018
Page 3 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, fee-owned 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. The existing single family home on the western portion of the lot will remain
“as is”.
The ODP indicates that the property is being developed with 16 units on the eastern side with the existing house remaining on the west. The primary access point is from W. 42nd Avenue to the south with internal access via an alleyway extending west. Maximum height is indicated at 35’.
The application has been through the standard referral process with no concerns raised by any
outside agencies or City departments.
RECOMMENDED MOTIONS: “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 to Planned Residential
Development and for an Outline Development Plan, on second reading and that it take effect
15 days after final publication for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws.
2. The requested rezoning has been reviewed by the Planning Commission, which has
forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the criteria for review in Section 26-112.E. of the Code of Laws.”
Or,
“I move to postpone indefinitely Council Bill No. 14-2018, an ordinance approving the rezoning of property located at 7955 W. 42nd Avenue from Residential-Two to Planned Residential Development and for an Outline Development Plan, on second reading for the
following reasons:
1. 2. 3. ”
REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
Council Action Form – Rezoning and ODP/7955 W 42nd Ave
June 11, 2018
Page 4 ATTACHMENTS: 1. Council Bill No. 14-2018
2. Planning Commission staff report with attachments (includes information regarding the SDP) 3. Planning Commission public hearing minutes (includes minutes from the SDP public hearing)
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DAVIS
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 TO PLANNED RESIDENTIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-17-08/YARROW GARDENS)
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 8 to 0 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: May 17, 2018
2nd publication: Wheat Ridge Transcript: Effective Date:
TO: Planning Commission CASE MANAGER: Meredith Reckert, Senior Planner
DATE OF MEETING: May 17, 2018
CASE NOS. & NAME: WZ-17-08 & WZ-17-09/Yarrow Gardens
ACTION REQUESTED: Approval of a Zone change with an Outline Development Plan and Specific Development Plan
LOCATION OF REQUEST: 7995 W. 42nd Avenue
PROPERTY OWNER: EFG Yarrow LLC
APPROXIMATE AREA: .74 acres
PRESENT ZONING: Residential Two (R-2)
PRESENT LAND USE: Single-family residence, vacant land
COMPREHENSIVE PLAN: Neighborhood
ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION
SITE
ATTACHMENT 2
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
I. REQUESTS This application is for approval of two land use cases on a parcel of land located at 7955 W. 42nd
Avenue. The following are case numbers pertaining to the request:
• Case No. WZ-17-08/7955 W. 42nd Avenue – Approval of a request to rezone the
property from Residential-Two (R-2) to Planned Residential Development (PRD) with an
Outline Development Plan (ODP)
• Case No. WZ-17-09/7955 W. 42nd Avenue – Approval of a Specific Development Plan (SDP)
These cases are required to accommodate an 89-unit townhouse development on the combined parcels. Included in this report are two case evaluations with separate motions for each.
The image above depicts the location of the parcel under consideration.
site
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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II. PROCESS Planned Development Approval
Rezoning to a planned development is a two-step process. The first step is the Outline Development Plan, which, if approved, changes the zoning designation on the land, establishes allowed uses and development standards for the property, and establishes access configurations for vehicles, pedestrians, and bicycles. The second step in the process is the Specific
Development Plan (SDP), which focuses on specific details of a development such as stormwater
drainage, architecture, lot layouts, and specific building location and orientation. The SDP must be found to be compliant with the ODP in order to be approved. The applicant is requesting a combined approval, which is permitted pursuant to Section 26-302
of the Municipal Code. Both the ODP and the SDP documents require public hearings before the
Planning Commission and the City Council, with the City Council being the final deciding body. The purpose of the proposal is to prepare the site is for assemblage with the property to the north for the development of a townhome community. (Exhibit 1, Applicant Letter)
III. EXISTING CONDITIONS/PROPERTY HISTORY
7955 W. 42nd Avenue The property is located on W. 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 remainder is vacant. (Exhibit 2, Aerial photo) Right-of-way for West 42nd Avenue extends the width of the property but dead-ends into a cul-de-sac roughly 90’ into the property.
Surrounding Land Uses
Surrounding properties include a variety of land uses. Immediately to the west is a parcel zoned Residential-Two (R-2) that contains a community garden, owned by the City of Wheat Ridge, known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single-family dwellings. To the south are the play 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. The property to the north and east was formerly the site of a greenhouse, which has been demolished, and the soil remediated. (Exhibit 3, Zoning map) 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 both sites into multi-family, for sale townhomes. The parcel on Yarrow Street was rezoned from Residential-Two to
Mixed Use-Neighborhood pursuant to Case No. WZ-16-08. The existing single family home on
the western portion of the lot considered for rezoning will remain “as is”. (Exhibit 4, site photos)
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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IV. PROPOSED ZONE CHANGE/ODP (Case No. WZ-17-08/7955 W. 42nd Avenue)
The existing zoning on the property is Residential-Two (R-2) which allows low density, single and two family construction. The applicant is requesting the property be rezoned to Planned Residential Development (PRD).
OUTLINE DEVELOPMENT PLAN Attached is a copy of the proposed Outline Development Plan, which contains two sheets. (Exhibit 5,
ODP) The ODP is a zoning document that will establish allowed uses and development for the
property. The ODP also contains a general concept plan, which includes a conceptual site layout, architectural themes and site design standards. Sheet 1 is the declaration sheet and contains certifications, legal description and signature blocks.
The first page also contains a Character of Development paragraph.
Sheet 2 of the ODP is the sketch plan, which divides the property into two Planning Areas. The Eastern Planning Area (EPA) pertains to the proposed multi-family portion of the property. It is .8 acres in size and restricted to townhome units with access ways and open space. Because this
parcel and the property to the north are going to be combined into one development, the
development standards refer back to the Mixed Use-Neighborhood development standards. Other references are made to the zoning code for fencing, lighting and signage. The Western Planning Area (WPA) encompasses the existing house and yard area with roughly
.4 acres of land area. The existing structure is depicted on the graphic portion of the plan. In
addition to the house, access is shown from the ring road to the north. Allowed uses in the WPA are single family homes, duplexes and typical residential accessory uses (accessory buildings, keeping of pets, home occupations, etc.). A provision has been included so that if the WPA were to be added as future phase of townhome development, it follows the standards for the EPA.
The sketch plan for the EPA shows 16 townhomes in groupings of three and five units. Access is provided from 42nd Avenue with a connection to the major drive to the north. Access to the townhome units is from a shared alley coming off the access way. Density in this phase alone is
19.5 units per acre. The maximum allowed in the PRD district is 21 units/acre.
Below is a table summarizing the difference between the existing and proposed zoning.
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Development Standard R-2 zoning Proposed PRD zoning
Uses Single family and two family
residential
Multi-family townhouses with typical accessory uses
Architectural Standards
None Mixed Use development
standards – similar to ASDM
Max. Building Height 35’ 35’
Max. Lot Coverage 40% 80%
Min. Landscaping N/A 20%
Min. Front Setback 25’ 0’ – 12’ build-to
Max. Density 7 units/acre 21 units/acre
ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.D.2. The
Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in significant adverse effects on the surrounding area.
The change of zone promotes the health, safety, and general welfare of the community and will not result in significant adverse effects on the surrounding area. The eastern portion of the property has been underutilized.
The eastern portion of the property has been underutilized. The PRD zoning is expected to add value to the subject property and to the surrounding community. The property will be following the mixed-use development standards and will promote compatibility between future development and existing surrounding land uses including building architecture and
landscaped buffering.
With regard to traffic impacts, based on trip generation information reviewed during the referral process, it has been determined that the local streets are adequate to support the rezoning request. An analysis of the intersection of 44th and Yarrow was provided and it was
determined that warrants have not been met to justify installation of a traffic signal.
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.
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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All responding agencies have indicated they can serve the property with improvements
installed at the developer’s expense.
Staff concludes that this criterion has been met.
3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area.
The proposed zoning is consistent with the policies and goals in the City’s
Comprehensive Plan—Envision Wheat Ridge which was adopted in 2009. The Structure
Plan map in Envision Wheat Ridge illustrates the community’s vision by classifying different types of development areas and transportation corridors. It is not a parcel-based land use map and does not show all existing and proposed land uses.
The Structure Plan for this area depicts W. 44th Avenue as a Neighborhood Commercial Corridor (shown as pink dots) transitioning into Neighborhood to the south (represented by yellow). Happiness Gardens is represented by green to the west. Goals identified for Neighborhood Commercial Corridors include:
• Encouraging improvement of underutilized properties.
• Increasing housing options
• Ensuring quality design for development and redevelopment
• Redevelopment and reinvestment in underutilized areas with denser, high quality development. The category of Neighborhood are areas typically bounded by arterial and collector
streets. Envision Wheat Ridge further breaks down the definition of Neighborhood to
identify Established Neighborhoods and Areas for Revitalization. Revitalization areas are generally over one-half an acre in size and have pockets of property that might benefit from reinvestment. Many times these properties require special attention due to dilapidated structures, code enforcement issues, incompatible uses and safety.
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Happiness Gardens to the west of the subject property is shown in green as Parks and Open Space. Further to the east, is the Wadsworth Corridor designated in red with Neighborhood Buffer along the east side of Yarrow Street (brown).
Neighborhood buffers are located on the edges of neighborhoods and function as buffers between the City’s high intensity corridors and lower density neighborhoods. Many times these areas are transitional where land uses decrease in intensity as they move away from the commercial corridors.
Goals met with the proposal include the redevelopment of and reinvestment in underutilized properties with denser, high quality development. Rezoning of the site will support redevelopment of 4255 Yarrow, and provide for diverse housing options.
The property is also located adjacent to the western edge of the Wadsworth Subarea
Corridor Plan where it is designated as Medium High Density Residential with targeted densities between ten and twenty-one units per acre on the Recommended Land Use map.
Site
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error.
Staff has not found any evidence of an error with the current zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The southwest quadrant of West 44th Avenue and Wadsworth is an area in transition. 44th Avenue carries between 11,000 and 12,000 vehicles per day and land use on the corridor includes a variety of commercial, residential and multi-family uses. Investment has been realized along this portion of West 44th Avenue that includes newer medical offices and most recently, completion of an assisted living community at the southwest
corner of 44th and Yarrow Street. The Wadsworth corridor is classified as a major regional arterial and carries up to 55,000 vehicles per day. Wadsworth was constructed as a two-lane road in 1959. It is one of the most heavily travelled corridors in the metropolitan area and is inadequate to
effectively handle current and future traffic demands. Heavy congestion and frequent accidents occur along the corridor. City staff has been collaborating with CDOT personnel for the last five years on the reconstruction of Wadsworth. They are currently finalizing the environmental
Site
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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assessment for construction of the new corridor configuration. Construction is expected
to commence in 2020.
The zone change will promote reuse and redevelopment of the property and the site to the north, which could act as a catalyst for additional redevelopment and property investment in the area.
Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan.
The proposed rezoning is consistent with the Comprehensive Plan and other supporting documents; therefore, this criterion is not applicable.
Staff concludes that this criterion is not applicable.
Staff concludes that the criteria used to evaluate zone change support this request. 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 September 13, 2017. In addition to the
applicants, roughly five persons attended. Discussion topics are addressed in the neighborhood
meeting notes. (Exhibits 6 and 7, Neighborhood Meeting Notes and Sign-up sheets) V. SPECIFIC DEVELOPMENT PLAN (Case No. WZ-17-09/7955 W. 42nd Avenue) Once an Outline Development Plan is approved, the applicant may proceed with the Specific
Development Plan (SDP).
Attached is a copy of the Specific Development Plan (SDP), which contains seven sheets. (Exhibit 8, SDP) The ODP set the allowed uses and development standard. The SDP document includes a site plan with more details related to the proposed development.
*Staff would note that the number of sheets in the plan set do not match the title page. Several
sheets were replaced in the plan set due to landscape and building elevation revisions. The
numbering will be resolved prior to City Council public hearing. Access Access into the site is a provided by a private drive extending north from West 42nd Avenue to
the ring road to the north. Although existing right-of-way for 42nd extends the length of the property, the street improvements terminate roughly 90’ west of the eastern parcel line; and
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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while the r-o-w extends west to Ammons Street, there is no intention of the City to extend 42nd
further west at this time.
The SDP shows 16 townhome units coming off a common alleyway extending west from the private drive. Two-car garages front the alley so the front facades of the units face either the unused right-of-way for 42nd Avenue and the school playing fields on the south or the internal
development drive to the north.
Setbacks Front setbacks are determined from where the units face private streets or rights-of-way. Front setbacks for the southern units are 10’ with a second story patio overhang. Front setbacks for the
northern units are 7’ with patio overhang. The side setback adjacent to the single-family home to
the west is 15’ in width. The separation between building groups is 15’. Parking All of the units have “tuck under” parking with two car garages. The southern row of units has
an additional parking pad between the garage door and the alley. Additional parking for the
units on the north is provided via parking pullouts off the interior ring road. Pedestrian access Five-foot wide perimeter sidewalks are shown on all sides of the property including a north-
south connection in Tract G adjacent to the house property. Other internal connections are
provided by crusher fines paths between units 13 and 14 and units 3 and 4. A five-foot wide sidewalk is proposed to extend from the terminus of 42nd across the frontage of the single-family lot to make a connection to Happiness Gardens. Staff is still reviewing the location, alignment and material for this connection but should have consensus prior to the City Council public
hearing.
Building Height Building height is 33’ measured to mid-roof which is consistent with the height maximum for residential zones in the City.
Architecture The applicant has proposed a three-story townhome product, which, per the development standards on the ODP, must be compliant with the architectural requirements of the MU-N zoning. Staff has noted below the architectural features provided:
• Primary street build-to requirement of 60%: The primary frontages on the north has a 62% build-to.
• Secondary street build-to-requirement of 30%: The secondary street to the south has
a 68% build-to.
• Façade design: Includes belt courses, expressions of architectural bays, expression of structural features, changes in material
• Façade variation: Not required for 3-unit buildings; all units have front balconies, some
have side balconies
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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• Entry-ways features: Has changes in wall planes, differences in material, higher level of
detail
• Materials: Front facades are comprised of brick, stone and cement board siding. The brick extends up to the second floor
Staff concludes that there is substantial compliance with the architectural standards of the mixed-use zone districts. Traffic Analysis The existing traffic counts have been gathered and proposed traffic has been estimated per
standard traffic engineering practice. A traffic impact analysis was developed to determine the impact that the proposed traffic would have on the existing neighborhood. Peak vehicle trips generated by the development are 48 in the AM peak hour and 56 in the PM peak hour. These trip counts include both inbound and outbound trips. These vehicle trips were
added to the existing traffic counts and conditions were analyzed to determine traffic impacts. The intersection of 44th and Yarrow was examined for a potential traffic signal. Although, Warrant 2 listed in the Manual on Uniform Traffic Control Devices (MUTCD) was met in certain instances, Public Works does not recommend a signal at this location for a multitude of
reasons. First, the warrant was only met when school traffic was considered, therefore for much
of the year the warrant would not be met. In addition, Yarrow Street is staggered across 44th – the north leg and the south leg are not aligned. Thus, an additional timing cycle would be required on the traffic signal which would make the signal inefficient and could potentially impede traffic flows on 44th Avenue. Lastly, the upcoming improvements to the 44th &
Wadsworth intersection would make a light at this location impractical.
The upcoming improvements to Wadsworth, once constructed, will help disperse the existing traffic in a manner which will have minimal impact to the neighborhood. With the Wadsworth widening project, a light will be installed at 41st and Wadsworth, which will allow a second
efficient means of ingress and egress to the development. Additionally, Public Works is
exploring the possibility of extending 42nd Avenue east to Wadsworth. This would further negate the impact of traffic on the neighborhood, potentially allowing for a straight path from the proposed development to Wadsworth, which is an arterial street. Public Works feels that the development will have minimal traffic impact on the neighborhood
and that future Wadsworth improvements will only serve to lessen any traffic impact on the neighborhood.
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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SDP Evaluation Criteria Staff has provided an analysis of the Specific Development Plan review criteria outlined in
Section 26-306.D. of the Zoning and Development Code. The applicants have provided their own analysis. (Exhibit 9, Applicant letter) The Planning Commission shall base its recommendation in consideration of the extent to which the applicant demonstrates that all of the following criteria have been met:
1. The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of this article;
The purpose of a planned development is to permit well-designed, innovative developments, which may not be feasible under a standard zone district, and to promote flexible and efficient use of land.
The Planned Residential Development zone district was the only option for rezoning, as Staff felt the property was too far off the 44th Avenue corridor to be able to support a mixed use zone district. No other straight zone district, such as R-3, could accommodate the development standards and the density to support the redevelopment.
Staff concludes that this criterion has been met.
2. The proposed specific development plan is consistent with the design intent or
purpose of the approved outline development plan;
The SDP is consistent with the design intent and the purpose of the ODP for a moderate density townhome development.
Staff concludes that this criterion has been met.
3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan;
Moderate density townhomes are the only used allowed in the Eastern Planning Area on
the ODP.
Staff concludes that this criterion has been met.
4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan;
The proposed site plan is consistent with the development guidelines including setbacks, building height, parking requirements and architecture. Staff concludes that this criterion has been met.
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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5. Adequate infrastructure/facilities are available to serve the subject property, or the applicant will upgrade and provide such where they do not exist or are under
capacity;
All utility agencies have indicated they can serve the property with improvements installed at the developer’s expense.
Staff concludes that this criterion has been met.
6. The proposed specific development plan is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual, Streetscape Design Manual, and other applicable design standards.
The ODP specifies that the development standards of the Mixed Use-Neighborhood (MU-N) zone district apply to this property and Staff concludes that the SDP is compliant. The application is also in substantial compliance with the Streetscape Design Manual.
Staff concludes that this criterion has been met. Staff concludes that the criteria used to evaluate zone change support this request. VI. AGENCY REFERRAL
All affected City departments and service agencies were contacted for comment on the zone change request regarding the ability to serve the property. Specific referral responses follow: West Metro Fire: Will require sprinklering of certain units in the development.
Wheat Ridge Parks and Recreation Department: Will continue working with the developer and planning staff regarding the interface between Happiness Gardens and the proposed development. Fees in lieu of parkland dedication will be required in the amount of $2497.29 per
unit.
Wheat Ridge Police Department: Has no issues with the zone change. Wheat Ridge Public Works: Has reviewed a drainage report and traffic report. Has concluded
that a traffic signal at the W. 44th Avenue/Yarrow Street intersection is not warranted at this
time. Wheat Ridge Sanitation District: No objections. Can serve the property with an existing sewer line in Yarrow
Xcel Energy: No objections.
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan and the Wadsworth Subarea Plan. The zone change will promote redevelopment and revitalization of the property and may serve as a catalyst for other
property redevelopment or improvements in the area.
Staff further concludes that all requirements for a Specific Development Plan have been met and that it is compliant with the ODP.
Because the evaluation criteria support the requests, staff recommends approval of Case Nos.
WZ-17-08 and WZ-17-09 with conditions. VIII. SUGGESTED MOTIONS
Case No. WZ-17-08/Zone Change and ODP
Option A: “I move to recommend APPROVAL of Case No. WZ-17-08, a request for approval of a zone change from Residential-Two (R-2) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 7955 W. 42nd Avenue, for the following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and the Wadsworth Subarea Plan.
3. The zone change will promote redevelopment and revitalization of the property and may
serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteria used to evaluate a zone change support the request. With the following condition:
1. All minor corrections occur prior to public hearing in front of City Council.” Option B: “I move to recommend DENIAL of Case No. WZ-17-08, a request for approval of a zone change
from Residential-Two (R-2) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 7955 W. 42nd Avenue, for the following reasons: 1.
2. …”
Case No. WZ-17-09/Specific Development Plan
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Option A: “I move to recommend APPROVAL of Case No. WZ-17-09, a request for approval of a Specific
Development Plan (SDP) for property located at 7955 W. 42nd Avenue, for the following reasons: 1. The proposal is consistent with the purpose of a Planned Development.
2. The proposal is in substantial compliance with the mixed use zoning requirements.
3. The proposed site design and use are consistent with Outline Development Plan. 4. All requirements for a Specific Development Plan have been met. With the following conditions:
1. The final location, alignment and material of the proposed path to the west across the single-family lot be subject to Staff approval. . . 2. The numbering of the plan set be resolved prior City Council public hearing. 3. All minor corrections occur prior to public hearing in front of City Council”
Option B: “I move to recommend DENIAL of Case No. WZ-17-09, a request for approval of a Specific Development Plan (SDP) for property located at 7955 W. 42nd Avenue, for the following reasons:
1.
2…”
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Exhibit 1 – Applicant
letter/Zone change
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Exhibit 2 – Aerial Map
Site
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Exhibit 3 – Zoning Map
site
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Exhibit 4 – Site photos
Looking northwest to vacant portion of the
property with house in
the rear
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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View of access road to the house, fence and vegetation
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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View across field
Closer view of house
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Looking north at
intersection of 42nd and
Yarrow Court
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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[See Attached]
Exhibit 5 – ODP
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PR
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PRIVATE ROAD
EXISTING
HOUSE
WESTERN PLANNING AREA EASTERN PLANNING AREA
ACCESS EASTERN
PLANNING AREA PUBLIC RIGHT OF WAY
W. 42ND AVE.
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R-2
R-2
MU-N
MU-N
MU-N
ACCESS EASTERN
PLANNING AREAACCESS WESTERN
PLANNING AREA
R-2
R-2 R-2
OP
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PEDESTRIAN
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DEVELOPMENT STANDARDS
Zoning: Planned Residential Development
Total Area: 54,120 SF (1.24 Acres)
Western Planning Area (WPA)
Area: 18,804 SF (0.43 AC)
Permitted Primary Uses:
·Single family residential
·Duplex
Permitted Accessory Uses:
·Home occupations
·Household pets, limited to no more than 3 dogs and 4
cats plus their unweaned off spring
·Private swimming pools and tennis courts and other
recreational facilities are permitted if this Planning Area
is developed with 2 units or less
·Accessory structures are permitted if this Planning Area
is developed with 2 units or less; structures shall be
compliant with Residential-Two (R-2) standards and
Section 26-625 of the Wheat Ridge Code of Laws.
·Accessory structures are not permitted if this Planning
Area is developed with 3 or more attached single family
homes.
Standards:
The Western Planning Area currently includes a single
family home and may be redeveloped for single or two
family dwellings as follows:
·Maximum Building Height: 35'
·Minimum Lot Area: 9,000 sf
·Minimum Lot Width: 75 feet
·Maximum Density: 2 units
·Minimum Setback (North): 25'
·Minimum Setback (South): 10'
·Minimum Setback (East/West): 5'
·Minimum Off-Street Parking: 4 per dwelling unit
·Landscaping: in accordance with Section 26-502
Note:
1. If the property develops as townhomes as an
extension of the adjacent development to the north
and east, it will follow the development standards for
the Eastern Planning Area.
Eastern Planning Area (EPA)
Area: 35,316 SF (0.81 AC)
Permitted Primary Uses:
·Attached single family homes
Permitted Accessory Uses:
·Home occupations
·Household pets, limited to no more than 3 dogs and 4
cats
Detached accessory structures are not permitted.
Standards:
·Maximum Building Height: 35'
·Maximum Density: 21 units/acre
·Build-to area (North): 0-13'.
o A 10% variance can be granted administratively.
·Linear portion of build-to that must contain building
façade (minimum): 60%
·Minimum Setback from Eastern Lot Line: 5'
·Minimum Setback from WPA (if WPA contains 2 units
or less): 10'
·Minimum Setback from WPA (if WPA contains 3 units
or more): 0'
·Minimum Open Space: 20%
·Minimum Off-Street Parking: 1 space per unit
·Maximum Off-Street Parking: 2.5 spaces per unit
·Minimum Bicycle Parking: 1 bicycle parking space for
every 10 dwelling units
·Lighting: In accordance with Section 26-1114
·Signage: In accordance with Article VII and Section
26-1113
·Fencing: In accordance with Section 26-603
·Architecture: In accordance with Section 26-1106
·Trash Storage: There will be no central trash storage
area or dumpsters. Each residence will store its own
trash bin within its garage or within 5' of the residence.
·Streetscape: In accordance with the City's Streetscape
Design Manual
·Parking: In accordance with Sections 26-1107 and
20-1109
USE AREAS
The approximate size of use areas are shown to the left
DRAINAGE
This property is anticipated to be redeveloped in association
with the surrounding property which is currently zoned
MU-N. The drainage facility at the north end of the
surrounding property will be sized to accommodate the
development within the subject property.
USE AREA APPROXIMATE SIZE
WESTERN PLANNING AREA ±18,804 SF
ATTACHED SINGLE FAMILY HOMES ±2,047 SF (10.9%)
OPEN SPACE / LANDSCAPING / SIDEWALKS ±15,462 SF (82.2%)
ALLEY, DRIVEWAYS, ROADS ±1,295 SF (6.9%)
USE AREA APPROXIMATE SIZE
EASTERN PLANNING AREA ±35,316 SF
ATTACHED SINGLE FAMILY HOMES ±13,078 SF (37.0%)
OPEN SPACE / LANDSCAPING / SIDEWALKS ±9,119 SF (25.8%)
ALLEY, DRIVEWAYS, ROADS ±13,119 SF (37.2%)
ROAD SECTION A-A ROAD SECTION B-B ROAD SECTION C-C
LEGEND
CURB AND GUTTER
LOT LINE
PROPERTY LINE
ASPHALT PAVEMENT
SIDEWALKS, TREE
LAWNS, OPEN SPACE
5'
DRIVEWAY18' DRIVEWAY
2%2%VARIESVARIES
26' FL-FL
FIRE LANE
13'
⅊
13'
℄
MOUNTABLE CATCH CURBMOUNTABLE CATCH CURB ASPHALT PAVEMENT
28' ⅊-⅊
OPEN SPACE
(VARIES)
5'
WALK 8' PARKING
34' FL-FL
8' PARKING
5'
WALK 5' OPEN
SPACE
2%2%2%2%2%VARIES VARIES
⅊
52' ⅊-⅊
⅊
OPEN SPACE
VARIES
5' OPEN
SPACE
13'13'
26' FL-FL
2%2%2%VARIESVARIES
5'
WALK
℄
ASPHALT PAVEMENT VERTICAL CATCH CURBVERTICAL SPILL CURB
36' ⅊-⅊
⅊
18'18'
⅊
PROPOSED
TOWNHOMES
NOTE: THE CATEGORIES ARE APPROXIMATE IN SIZE AND MAY VARY BASED ON THE SPECIFIC
DEVELOPMENT PLAN DESIGN.
NOTE: THE CATEGORIES ARE APPROXIMATE IN SIZE AND MAY VARY BASED ON THE SPECIFIC
DEVELOPMENT PLAN DESIGN.
⅊
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F:
303.235.2857
Exhibit 6 – Neighborhood Meeting Notes
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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Exhibit 7 – Neighborhood Meeting Sign-Up
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
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[See attached]
Exhibit 8 – Specific Development Plan
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DECIDUOUSTREE
DECIDUOUS
SHRUBS
EVERGREENTREES
EVERGREEN
SHRUBS
ORNAMENTAL GRASSESPERENNIALS
LANDSCAPE EDGER
MAILBOXES
PROPERTY LINE
ROCK MULCH
COBBLE MULCH
WOOD MULCH
LEGEND
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SCALE: 1" = 30'
(3) SYP
(3) HSE
(4) JSC
(7) PVH
(1) PCA
PROPOSED
3-RAIL
FENCE
25' CORNER SIGHT DISTANCE TRIANGLE FOR A LOCAL ROAD;
LOWER LIMIT CLEAR ZONE: 42 INCHES
UPPER LIMIT CLEAR ZONE: 96 INCHES (8 FEET)
(56) PER
(46) HSE
(15) PVH
(3) SYP
(1) BPJ
(3) SWR
(3) SYP
(5) JSC
(3) SYP
(1) SWR
(3) HSE
(6) HSE
(25) RAL
(13) RHA
(10) PVH
(2) PLE
(8) HSE
(10) PVH(18) PVH
(4) HSE
(3) SWR
(3) SWR
(6) PVH (2) RHA
(1) SWR
(1) PLE
(1) PLE
(8) RHA
(8) HSE
(6) PVH(39) RAL
(6) RHA
(2) PCA
(12) HSE
(2) JSC (2) JHB
(3) SYP
(3) JHB
1.SOIL AMENDMENT: ORGANIC SOIL AMENDMENTS: CONTRACTOR WILL TILL FOUR (4) CUBIC YARDS OF
ORGANIC SOIL AMENDMENT, TO A DEPTH OF SIX (6) INCHES, FOR EACH 1,000 SQUARE FEET OF SOIL
PREPARATION IN ALL LANDSCAPE AREAS, INCLUDING ALL TURF, NATIVE SEED, TREE, SHRUB PLANTING
BEDS IN THEIR ENTIRETY, ANNUAL, VINE, AND GROUNDCOVER AREAS (IF APPLICABLE), AS WELL AS ALL
TREE LAWNS AND RIGHT-OF-WAYS ADJACENT TO THE PROPERTY.
THE ORGANIC SOIL AMENDMENT SHALL BE A CLASS I OR II COMPOST THAT MEETS THE U.S. COMPOSTING
COUNCIL’S TESTING REQUIREMENTS. THE COMPOST MUST BE PRODUCED AT A COMPOSTING FACILITY
THAT MEETS U.S. EPA 40 CFR 503.13 REQUIREMENTS (TABLES 1 & 3 LEVELS) FOR THE PRODUCTION AND
MARKETING OF CLASS A MATERIAL FOR UNRESTRICTED USE AND DISTRIBUTION..
·A-1 ORGANICS (EATON, CO, 970-454-3492) BIOCOMP CLASS 1 COMPOST OR APPROVED EQUAL.
2.ROCK MULCH:
·1 1/2" LOCAL RIVER ROCK (TAN) OVER FILTER FABRIC. SEE LEGEND FOR MATERIAL LOCATION.
3.COBBLE MULCH:
·2"-4" LOCAL RIVER COBBLE (TAN) OVER FILTER FABRIC. SEE LEGEND FOR MATERIAL LOCATION.
3.WEED BARRIER FABRIC: TO BE A NONWOVEN GEOTEXTILE COMPOSED OF POLYPROPYLENE FIBERS.
·RECOMMENDED PRODUCT: MIRAFI 140N, TYPAR 3341, POLYSPUN 300 OR APPROVED EQUAL.
4.WOOD MULCH: MULCH FOR PERENNIAL BEDS WILL BE “CASCADE CEDAR MULCH”, A DISTINCTIVE
LOOKING WOOD MULCH MEDIUM BROWN IN APPEARANCE WITH A FINE TEXTURED “HAIR-LIKE” LOOK. THE
WOOD FIBERS WILL BE APPROXIMATELY 1 ½” – 3 ½” IN LENGTH AND BE UNIFORM IN APPEARANCE.
MINIMUM DEPTH OF MULCH WILL BE THREE (3) INCHES IN SHRUB BEDS. MULCHED BED AREAS WILL NOT
INCLUDE WEED BARRIER FABRIC.
5.LANDSCAPE EDGER: EDGER TO BE 3/16"x6" HOT-DIPPED GALVANIZED METAL EDGING WITH AN
INTEGRATED HOT-DIPPED GALVANIZED TAPERED METAL STAKING SYSTEM (4 STAKES PER SECTION).
COLOR: BLACK.
·RECOMMENDED PRODUCT: PRO-STEEL - PS3-13 (3/16") OR APPROVED EQUAL.
6.IRRIGATION: A BELOW GROUND FULLY AUTOMATED IRRIGATION SYSTEM WILL BE INSTALLED IN ALL
LANDSCAPED AREAS UTILIZING WATER-CONSERVING SYSTEMS SUCH AS TRICKLE (DRIP) IRRIGATION TO
WATER ALL SHRUBS AND TREE PLANTINGS. RAIN SENSORS WILL BE USED TO AUTOMATICALLY SHUT
DOWN THE IRRIGATION SYSTEM DURING PERIODS OF HIGH MOISTURE. TO MAXIMIZE WATER USE
EFFICIENCY, THE IRRIGATION SYSTEM WILL BE DESIGNED WITH A HIGH APPLICATION EFFICIENCY AND
WITH ZONES THAT CORRESPOND TO THE DIFFERING WATER REQUIREMENTS OF PLANTING AREAS.
BACKFLOW CONTROL DEVICES SHALL BE LOCATED OR SCREENED SO THAT THEY ARE NOT VISIBLE
FROM PUBLIC STREETS OR PARKING LOTS. SPRAY OVER WALKWAYS AND ROADWAYS WILL BE MINIMIZED
FOR PEDESTRIAN COMFORT, SAFETY AND WATER CONSERVATION.
7. THE LANDSCAPED AREAS, INCLUDING ALL ADJACENT ROW LANDSCAPE, WILL BE MAINTAINED BY THE
DEVELOPER OR ASSIGNS.
8. DECIDUOUS TREES WILL BE PLANTED A MINIMUM SIX (6) FEET FROM SIDEWALKS AND PLANTING BEDS.
EVERGREEN TREES WILL BE PLANTED A MINIMUM 10 FEET FROM SIDEWALKS AND PLANTING BED EDGES.
DECIDUOUS TREES WILL BE LOCATED A MINIMUM SIX (6) FEET FROM EDGE OF BUILDINGS; EVERGREEN
TREES A MINIMUM OF 10 FEET. SHRUBS WILL BE PLANTED A MINIMUM FOUR (4) FEET FROM SIDEWALKS,
PLANTING BED EDGES, EDGE OF BUILDINGS OR ONE-HALF THEIR MATURE WIDTH, WHICHEVER IS
GREATER. SPACING FOR PLANT PLACEMENT WILL BE MEASURED FROM THE CENTERLINE OF THE PLANT.
LANDSCAPE NOTES
(1) SWR
(1) JSC
(1) BPJ
(14) RAL
(7) PVH
PLANT LEGEND
LANDSCAPE AREA TABLE
TOTAL LOT AREA TOTAL LANDSCAPEDAREA AREA OF LIVINGVEGETATION AREA OF NON-LIVINGVEGETATION
35,316 SF / 0.81 AC 7,925 SF / 0.18 AC 5,105 SF 2,820 SF
(7) PVH
(1) BPJ
STREET FRONTAGE
REQUIRED PROVIDED
STREET FRONTAGE TREES
(W. 42ND AVENUE)
1
(22 LF/30)1
LANDSCAPE REQUIREMENTS
REQUIRED PROVIDED
TREES 8
(7,925 SF/1,000)13
SHRUBS 80
(7,925 SF/100)148
BRICE J. BRADLEY, PLA, ASLA, CLARB
(1) PCA
(2) QUC
(1) JSC
(3) SYP
(1) SWR
W. 42ND AVENUE
SDP3
3
AASHTO SIGHT TRIANGLE; TYP.
(1) QUC
POTENTIAL FOR DIRECT ACCESS TO THE
ELEMENTARY SCHOOL BY PROVIDING A
(4') FOUR FOOT GATE OPENING IN
EXISTING CHAIN LINK FENCE.
(1) JSC
(1) PCA
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0.0
0.0
0.0
0.0
0.0
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0.0
0.0
0.0
0.0
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0.6
9.0
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(303) 355-5534 (tel) walter@rgecinc.com8811 E Hampden Ave, Ste 200, Denver, CO 80231
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(303) 355-5534 (tel) walter@rgecinc.com
8811 E Hampden Ave, Ste 200, Denver, CO 80231
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SDP9
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
39
Exhibit 9 – Applicant Letter/SDP
Planning Commission WZ-17-08 & WZ-17-09/Yarrow Gardens
40
ATTACHMENT 3
ITEM NO: DATE: June 11, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 29-2018 – A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT AT
7955 W. 42ND AVENUE (CASE NO. WZ-17-09/YARROW
GARDENS)
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 Specific Development Plan (SDP) on property located at 7955 W. 42nd with the intent of developing 16 townhomes on the 1.3-acre piece of property. The SDP is the second step of the planned development process and focuses on the development
details such as architecture, landscaping and parking.
The ultimate build-out of the development includes the property to the north at 4255 Yarrow Street with a combined 89-townhome units.
The property is under contract to be purchased by Thrive Home Builders, the same Denver-based
builder who developed the Perrin’s Row townhomes at West 38th Avenue and Depew Street. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on May 17, 2018.
Planning Commission gave a recommendation of approval for the SDP for the following
reasons: 1. The proposal is consistent with the purpose of a Planned Development.
Council Action Form – SDP/7955 W 42nd Ave
June 11, 2018
Page 2 2. The proposal is in substantial compliance with the mixed use zoning requirements. 3. The proposed site design and use are consistent with Outline Development Plan.
4. All requirements for a Specific Development Plan have been met.
With the following conditions: 1. The final location, alignment and material of the proposed path to the west across the
single-family lot be subject to Staff approval.
2. The numbering of the plan set be resolved prior to City Council public hearing. 3. All minor corrections occur prior to public hearing in front of City Council. All of the requested changes from Staff have been corrected so conditions 2 and 3 have not been
included in City Council’s recommended motion.
The staff report for this case and meeting minutes from the May 17 public hearing are attached to the CAF for Council Bill No. 14. FINANCIAL IMPACT:
Fees in the amount of $2,415 were collected for the review and processing of Case Nos. WZ-17-08 and WZ-17-09. Building permit fees, use tax and fees in lieu of parkland dedication will be collected as well.
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, which will remain, 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 a shared 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, which is also now proposed for
townhomes by the same builder.
Specific Development Plan The proposed SDP depicts access for the new units coming from a drive extending north from W. 42nd Avenue. An “alley” intersects this drive and the new units are arranged on both sides of
it. Alley-loaded, two-car garages are provided for each unit. The units on the south side of the
alley also have parking pads for additional parking. The northern units have parking pull-outs adjacent to them to the north. The units are 33’ tall at mid-roof.
Council Action Form – SDP/7955 W 42nd Ave
June 11, 2018
Page 3 Staff concludes that the proposed SDP is consistent with the approved ODP. The application has been through the standard referral process with no concerns raised by any outside agencies or
City departments.
RECOMMENDED MOTIONS: “I move to approve Resolution No. 29-2018, a resolution approving a Specific Development Plan on property zoned planned residential development at 7955 W. 42nd Avenue, 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 proposed Specific Development Plan has been reviewed by the Planning
Commission, which has forwarded its recommendation of approval.
3. All requirements of a Specific Development Plan have been met. With the following condition:
1. The final location, alignment and material of the proposed path to the west across the
single-family lot be subject to Staff approval.” Or,
“I move to postpone indefinitley Resolution No. 29-2018, a resolution approving a Specific
Development Plan (SDP) on property located at 7955 W. 42nd Avenue, for the following reasons: 1. 2.
3. ”
REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 29-2018
Note – Planning Commission staff report and minutes are attached to Council Bill No. 14-2018.
CITY OF WHEAT RIDGE, COLORADO Resolution No. 29
Series 2018
TITLE: A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT AT 7955 W. 42ND AVENUE (CASE NO. WZ-
17-09/YARROW GARDENS) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes the 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 Specific Development Plan for property in the Planned Residential Development zone district located at 7955 W. 42nd Avenue; and, WHEREAS, the Specific Development Plan will allow for redevelopment
opportunities on an underutilized property and increased housing options; and,
WHEREAS, all requirements for a Specific Development Plan have been met; 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 RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT AT 7955 W. 42ND AVENUE (CASE NO. WZ-17-09) IS HEREBY APPROVED FOR THE FOLLOWING REASONS:
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-109 and 26-407 of the Code of Laws.
2. The proposed Specific Development Plan has been reviewed by the Planning Commission, which has forwarded its recommendation for approval.
3. All requirements of a Specific Development Plan have been met.
4. The proposed plat will facilitate redevelopment of the site consistent with the
approved PRD zoning.
ATTACHMENT 1
DONE AND RESOLVED by the City Council this 11th day of June, 2018.
By:
_____________________________ Bud Starker, Mayor
ATTEST:
_________________________
Janelle Shaver, City Clerk
ITEM NO: DATE: June 11, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 30-2018 – A RESOLUTION APPROVING A SEVENTY-THREE LOT SUBDIVISION PLAT FOR
PROPERTY ZONED MIXED USE NEIGHBORHOOD (MU-N) AND PLANNED RESIDENTIAL DEVELOPMENT AT 4255 YARROW AND 7955 W. 42ND AVENUE (CASE NO. WS-17-05/YARROW GARDENS) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _________________________ Community Development Director City Manager ISSUE: Request for approval of a 73-lot subdivision for property located at 4255 Yarrow Street and 7955
W. 42nd Avenue and a right-of-way vacation for a portion of 42nd Avenue. The combined properties total 5.8 acres. The ultimate build-out on the two properties is 89 townhome units. The property is under contract to be purchased by Thrive Home Builders, the same Denver-based builder who developed the Perrin’s Row townhomes at West 38th Avenue and Depew Street.
PRIOR ACTION: Planning Commission heard this request at a public hearing on May 17, 2018 and gave a recommendation of approval for the following reasons:
1. All requirements of the subdivision regulations have been met.
2. The proposed plat will facilitate redevelopment of the site. 3. Utility districts can serve the property with improvements installed at the developer’s expense.
Council Action Form – 4255 Yarrow/ 7955 W. 42nd Ave Subdivision
June 11, 2018
Page 2 With the following conditions:
1. All minor corrections to the subdivision plat occur prior to public hearing in front of City Council. 2. A Development Covenant be executed prior to recordation of the subdivision plat. 3. The developer shall pay parks fees at the time of SIA recording.
Minor corrections to the subdivision plat have been made pursuant to Condition #1 in Planning Commission approval, so this has not been included in the City Council’s recommended motion. Staff has also added a condition regarding a note related to Construction Defects to the recommended motion for this case.
FINANCIAL IMPACT: Fees in the amount of $2,385 were collected for the review and processing of Case Nos. WS-17-05 and WS-17-06. Building permit fees, use tax and fees in lieu of parkland dedication will be collected as well.
BACKGROUND: The subject of this subdivision request are two parcels of land addressed as 4255 Yarrow and 7955 W. 42nd Avenue. 4255 Yarrow Street
The site at 4255 Yarrow Street is south of 44th Avenue on the west side of Yarrow Street. The property is “L” shaped and has roughly 400 feet of street frontage along Yarrow Street and 275 feet of street frontage along 42nd Avenue. The property was rezoned from R-2 to MU-N pursuant to Case No. WZ-16-08. The property was the former home of a greenhouse, which was
recently demolished and the soil remediated due to pesticide and fuel contamination.
7955 W. 42nd Avenue The property is located on W. 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, which will
remain, and the rest is vacant. Right-of-way for West 42nd Avenue extends the width of the property but dead-ends into a cul-de-sac at the southeast corner of the property. Surrounding Land Uses
Development around the perimeter of both parcels includes a variety of uses. Immediately to the
west is a parcel zoned Residential-Two (R-2) that contains a shared urban garden, owned by the City of Wheat Ridge, known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2 that contain primarily single-family dwellings. To the south are the fields for the Wilmore-Davis Elementary School zoned R-2. 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). Zoning and land use to the north is Commercial-One (C-1) developed into commercial uses.
Council Action Form – 4255 Yarrow/ 7955 W. 42nd Ave Subdivision
June 11, 2018
Page 3 Plat Configurations Case No. WS-17-05 combines the two parcels (4255 Yarrow and 7955 W. 42nd Avenue) and
then divides the northern lot (4255 Yarrow) into 73 townhouse parcels. The 7955 W. 42nd
Avenue property is shown as a Tract within the subdivision. This plat also vacates a piece of right-of-way for the existing cul-de-sac on 42nd Avenue, which is incorporated into the development.
Ingress/egress into the development are from access points on Yarrow and W. 42nd Avenue. The
rest of the interior streets are private. There are various pedestrian paths and open space areas incorporated into the design. A drainage pond will be located at the northeast corner of the site. When the two plats are “combined” for development, it will look like the image below with 4255
Yarrow (73 lots) shown in half-tone and 7955 W. 42nd as the regular line drawing.
A site plan for the northern portion of the site is being reviewed administratively.
4255 Yarrow – 73 townhouses
7955 W. 42nd – 16 townhouses
Existing single family
to remain
Council Action Form – 4255 Yarrow/ 7955 W. 42nd Ave Subdivision
June 11, 2018
Page 4 The application has been through the standard referral process with no concerns raised by any outside agencies or City departments.
RECOMMENDED MOTIONS “I move to approve Resolution No. 30-2018, a resolution approving a seventy-three lot subdivision plat for property zoned Mixed Use Neighborhood (MU-N) and Planned Residential Development (PRD) at 4255 Yarrow and 7955 W. 42nd Avenue (Case No. WS-
17-05), for the following reasons:
1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has
forwarded its recommendation for approval.
3. All requirements of the subdivision regulations have been met. 4. The proposed plat will facilitate redevelopment of the site. 5. Utility districts can serve the property with improvements installed at the developer’s expense.
6. The criteria used to evaluate a right-of-way vacation supports the request.
With the following conditions: 1. A Development Covenant be executed at the time of recordation of the plat. 2. The developer shall pay parks fees at the time of SIA recording in the amount of
$182,302.
3. The Homeowners’ Association covenants shall be reviewed and approved by Staff prior to issuance of a building permit. 4. A note be added consistent with the language in Section 26-420 regarding Construction Defects.”
Or, “I move to table indefinitely Resolution No. 30-2018, a resolution approving a seventy-three lot subdivision plat for property zoned Mixed Use Neighborhood (MU-N) and Planned
Residential Development (PRD) at 4255 Yarrow and 7955 W. 42nd Avenue (Case No. WS-
17-05), for the following reasons: 1. 2. ”
REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
Council Action Form – 4255 Yarrow/ 7955 W. 42nd Ave Subdivision
June 11, 2018
Page 5 ATTACHMENTS: 1. Resolution No. 30-2018
2. Planning Commission staff report with attachments (includes information
regarding plat Resolution No. 31-2018) 3. Planning Commission public hearing minutes (includes minutes regarding plat Resolution No. 31-2018)
CITY OF WHEAT RIDGE, COLORADO Resolution No. 30
Series 2018
TITLE: A RESOLUTION APPROVING A SEVENTY-THREE LOT SUBDIVISION PLAT FOR PROPERTY ZONED MIXED USE NEIGHBORHOOD (MU-N) AND PLANNED RESIDENTIAL
DEVELOPMENT AT 4255 YARROW STREET AND 7955 W. 42ND AVENUE (CASE NO. WS-17-05/YARROW GARDENS) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City’s review and approval of Subdivision Plats; and,
WHEREAS, an application for a seventy-three lot subdivision plat was received from EnviroFinance Group to subdivide property located at 4255 Yarrow Street and 7955 W. 42nd Avenue in the Mixed Use-Neighborhood (MU-N) and Planned Residential Development (PRD) zone districts; and,
WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all requirements of the zoning code and Subdivision Regulations
have been met; and,
WHEREAS, all required publishing, posting and notification requirements for a June 11, 2018, City Council public hearing have been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows: A RESOLUTION APPROVING A SEVENTY-THREE LOT SUBDIVISION PLAT FOR PROPERTY ZONED MIXED USE NEIGHBORHOOD (MU-N) AND PLANNED
RESIDENTIAL DEVELOPMENT (PRD) AT 4255 YARROW AND 7955 W. 42ND AVENUE (CASE NO. WS-17-05/ENVIROFINANCE GROUP) IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-109 and 26-407 of the Code of Laws.
2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation for approval. 3. All requirements of the subdivision regulations have been met. 4. The proposed plat will facilitate redevelopment of the site.
5. Utility districts can serve the property with improvements installed at the
developer’s expense. 6. The criteria used to evaluate a right-of-way vacation supports the request.
ATTACHMENT 1
With the following conditions:
1. A Development Covenant be executed at the time of recordation of the
subdivision plat. 2. The developer shall pay parks fees at the time of SIA recordation in the amount of $182,302. 3. The Homeowners’ Association covenants shall be reviewed and approved by
Staff prior to issuance of a building permit.
4. A note be added consistent with the language in Section 26-420 regarding Construction Defects. DONE AND RESOLVED by the City Council this 11th day of June, 2018.
By: _____________________________
Bud Starker, Mayor
ATTEST:
_________________________ Janelle Shaver, City Clerk
TO: Planning Commission CASE MANAGER: Meredith Reckert, Senior Planner
DATE OF MEETING: May 17. 2018
CASE NO. & NAME: WS-17-05 & WS-17-06/Yarrow Gardens
ACTION REQUESTED: Approval of a 73-lot subdivision and a 17-lot subdivision
LOCATION OF REQUEST: 4255 Yarrow Street and 7995 W. 42nd Avenue
PROPERTY OWNER: EFG Yarrow LLC
APPROXIMATE AREA: 5.8 acres
PRESENT ZONING: Mixed Use Neighborhood (MU-N), Residential Two (R-2),
PRD (request pending)
PRESENT LAND USE: Single-family residence, vacant land
ENTER INTO RECORD: CASE FILE & PACKET MATERIALS COMPREHENSIVE PLAN ZONING ORDINANCE/SUBDIVISION REGS DIGITAL PRESENTATION
All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
4255 Yarrow
7995 W. 42nd Avenue
ATTACHMENT 2
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
I.REQUESTSThe applicant is requesting approval of two major subdivision plats on parcels of land located at
4255 Yarrow and 7955 W. 42nd Avenue. The following are case numbers pertaining to therequest.
•Case No. WS-17-05/4255 Yarrow and 7955 W. 42nd Avenue – Approval of a 73-lot
subdivision plat
•Case No. WS-17-06/7955 W. 42nd Avenue – Approval of a 17-lot subdivision plat
These cases are being requested to accommodate an 89-unit townhouse development on the
combined parcels. (Exhibit 1, Applicant letter) There are two case evaluations with separate motions provided.
The image above depicts the location of the two parcels under consideration.
II.EXISTING CONDITIONS/PROPERTY HISTORY
7955 W. 42nd Avenue The property is located on W. 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. (Exhibit 2, Aerial photo) Right-of-way for West 42nd Avenue extends the width of the property but dead-ends into a cul-de-sac roughly 90’ into the property.
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
4255 Yarrow Street The site at 4255 Yarrow Street is south of 44th Avenue on the west side of Yarrow Street. The
property is “L” shaped and has roughly 400 feet of street frontage along Yarrow Street and 275 feet of street frontage along 42nd Avenue. The property was rezoned from R-2 to MU-N pursuant to Case No. WZ-16-08. The property was the former home of a greenhouse, which was recently demolished and the soil remediated due to pesticide and fuel contamination. (Exhibit 3,
site photos)
Because both plats exceed five parcels, they are being processed as major subdivisions (per Section 26-118 of the municipal code). Planning Commission will make recommendations to City Council on both applications.
A neighborhood meeting is not required for a subdivision plat. III. 73-LOT SUBDIVISION (Case No. WS-17-05/4255 Yarrow and 7955 W. 42n
Avenue)
Plat design Attached is a copy of the proposed subdivision plat, which contains two sheets. (Exhibit 4,
Subdivision Plat) Sheet 1 is the declaration page and contains the legal description, required signature blocks for property owners, a recording block and notes.
Sheet 2 illustrates one portion of the townhouse lot configuration for the new development. The features of the subdivision are described below.
Site
Please note that green-house has been
demoed
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
Lot/Tract Configuration The proposed townhouse development has public street frontages on the east (Yarrow) and the
south (West 42nd Avenue). Seventy-three townhome lots are being shown which will be grouped into structures containing three to six units. Each of the units will be on its own lot. The individual lots vary in size from 858 square feet to 1581 square feet. Lot widths vary in size from 16.5’ to 29.3’.
Access into the project is from Yarrow Street. This internal road is in a ‘ring” configuration and is the primary circulation drive in the site. Twenty-seven of the parcels will have direct access from the ring road. The other units will access the ring road via alleys extending from it to the north and south. All individual accesses will be to rear-loaded, “tuck under” garages.
There are eight tracts created by this plat, which will function for different purposes in the
development.
• Tract A: This tract is located adjacent to the northern property boundary and contains
the area needed for storm water conveyance, detention and landscaping.
• Tract B: Tract B is located along the western perimeter of the development and will be used for open space between the western most units and Happiness Gardens. It will accommodate sidewalks to, as well as in front of the units, which face west and access for detention pond maintenance at the northwest corner of the property.
• Tract C: This tract contains the major open space corridor for the development, which includes a walking path with landscaping in an east/west configuration through the interior of the site. Tract C also accommodates additional open space/paths extending north and south from this pedestrian spine.
• Tracts D and E: These tracts provide garage and utility access for twelve of the interior units.
• Tract G: Tract G accommodates a 6.5’ wide right-of-way dedication for West 42nd
Avenue and a 1.5’ dedication for Yarrow Street.
• Tract H: This tract provides access and utility conveyance to the southernmost lots from the ring road.
• Tract I: This is the property addressed as 7955 W. 42nd, which is being brought into the
development site. Case No. WS-17-06, if approved, will plat this property into
additional townhome lots. Right-of-way vacation Right-of-way for West 42nd Avenue extends west across the southern boundary of the property
and terminates in a cul-de-sac bulb. Since a secondary access will be provided from 42nd north
into the development, the “turnaround” function of the cul-de-sac bulb is no longer needed. As such, the northern portion of the bulb is proposed to be vacated by this document. Staff has provided an analysis of the vacation criteria outlined in Section 26-118.D. The
Planning Commission shall base its recommendation in consideration of the extent to which the
following criteria have been met: 1. That the proposed vacation will not leave any adjoining land without access to an established public right-of-way.
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
The Wilmore-Davis play fields abut the r-o-w to the south but are accessed internally
from the school and 41st Avenue. Unless the school were to be closed and the
property sold for development, it is doubtful access will be needed from 42nd Avenue.
It is also doubtful that a full width street would be extended west to Happiness
Gardens and Ammons Street beyond.
Staff concludes that this criterion has been met.
2. That the proposed vacation is in conformity with the most recently enacted goals and policies of the transportation section of the current comprehensive plan of the City of Wheat Ridge.
The extension of 42nd Avenue is not addressed in the structure plan. As part of the public improvements, the developer will be extending pedestrian access to Happiness Gardens
increasing connectivity for pedestrians. The remainder of the right-of-way for 42nd
Avenue will remain in place if it is desired to extend the street to the west. Staff concludes that this criterion has been met.
3. That the proposed vacation will not have a negative impact on the infrastructure
of the City of Wheat Ridge.
Although the right-of-way for West 42nd Avenue extends from Yarrow Street west to
Ammons, the street improvements end at the southeast corner of Tract I in a cul-de-
sac bulb. Ultimate development of the property will be required to create a secondary access extending north to intersect with the ring road. This will allow vehicles to enter from the south, circulate through the development and exit onto Yarrow Street. As such, the bulb, which was previously required for vehicular turn-
around, will no longer be needed. Vacation of the northern portion of the bulb will
not have a negative impact on the City’s infrastructure.
Staff concludes that this criterion has been met.
4. That adequate easements have been reserved for use and/or maintenance by the city or other utility agencies.
Since only the northern portion of the cul-de-sac is being vacated, the rest of the right-of-
way for 42nd will remain and could be used for future utility extension and/or
maintenance. All responding agencies have indicated they can serve the property without the existing cul-de-sac bulb.
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
Staff concludes that this criterion has been met.
Staff concludes that the vacation evaluation criteria support approval of the request. Staff further concludes that all requirements of the Subdivision Regulations have been met and that the proposed plat is consistent with the development proposal for Yarrow Gardens. .
17-LOT SUBDIVISION (Case No. WS-17-0/ 7955 W. 42nd Avenue)
Filing 2 of the Yarrow Gardens Subdivision is a resubdivision of Tract I of the Yarrow Gardens Subdivision Filing 1. (Exhibit 5, Plat Filing 2) The plat divides the existing house on the property from the other phase of the townhome project. The new access drive from 42nd Avenue is shown extending north to the ring road;
Access to the new units will be from an alley extended to the west.
Site
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
There are four tracts created by this plat, which will function for different purposes in the
development.
• Tract A: Tract A serves as the access, which connects 42nd Avenue to the ring road. It also encompasses the alley for access to the townhome garages.
• Tract B: This tract is used for the 15’ buffer between the westernmost townhome and the single-family residence on Lot 17. A 5’ wide pedestrian access is provided in this area as well.
• Tracts C and D: These tracts encompass north/south crusher fines paths and utilities.
The proposed subdivision is consistent with the lot configuration depicted on the Yarrow Gardens SW Specific Development Plan. IV. COMMENTS PERTAINING TO BOTH SUBDIVISIONS
Parkland dedication Parkland dedication is required for all new residential subdivisions. When land is not dedicated for a public park, a fee is required in lieu of parkland. The Parks and Recreation Department has indicated that fees in lieu of land dedication will be required in the amount of $2497.29 per unit.
This fee is required to be paid prior to SIA recording. On-site drainage design When a previously developed parcel of land is redeveloped, historic drainage patterns should be preserved and the runoff flow entering and releasing from the site must be reduced to near
original, undeveloped conditions. The drainage proposal has been analyzed by Public Works and sufficient measures are being taken to ensure that developed flows are being adequately addressed. Estimated 100-year runoff flow for the site in the undeveloped condition is approximately 12.45 cfs. The proposed development, while increasing impervious area, will reduce the 100-year runoff flow to approximately 11.7 cfs through the installation of an onsite
full spectrum detention basin. This reduction complies with Urban Drainage and Flood Control District criteria (UDFCD). Historically, runoff has drained via sheet flow to the northeast corner of the site, whereupon it flows into the Yarrow Street curb and gutter and continues north to 44th Avenue. Upon reaching
44th Avenue, the runoff will flow east until ultimately draining into curb inlets at 44th Avenue and Wadsworth. The neighborhood currently does not have an underground storm sewer system in the immediate vicinity. Runoff for the proposed site will mimic the historical runoff flows. A large detention basin will
be installed on the northern boundary of the site and it will release to the Yarrow Street curb and gutter at the northeast corner of the site through a sidewalk chase. The proposed flows will follow the same path as the historical flows to the curb inlet at 44th Avenue and Wadsworth, however, runoff flow rates will be reduced slightly from the undeveloped condition due to the installation of the full spectrum detention pond.
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
Traffic Analysis The existing traffic counts have been gathered and proposed traffic has been estimated per
standard traffic engineering practice. A traffic impact analysis was developed to determine the impact that the proposed traffic would have on the existing neighborhood. Peak vehicle trips generated by the development are 48 in the AM peak hour and 56 in the PM
peak hour. These trip counts include both inbound and outbound trips. These vehicle trips were
added to the existing traffic counts and conditions were analyzed to determine traffic impacts. The intersection of 44th and Yarrow was examined for a potential traffic signal. Although, Warrant 2 listed in the Manual on Uniform Traffic Control Devices (MUTCD) was met in certain instances, Public Works does not recommend a signal at this location for a multitude of
reasons. First, the warrant was only met when school traffic was considered, therefore for much
of the year the warrant would not be met. In addition, Yarrow Street is staggered across 44th – the north leg and the south leg are not aligned. Thus, an additional timing cycle would be required on the traffic signal which would make the signal inefficient and could potentially impede traffic flows on 44th Avenue. Lastly, the upcoming improvements to the 44th &
Wadsworth intersection would make a light at this location impractical.
The upcoming improvements to Wadsworth, once constructed, will help disperse the existing traffic in a manner which will have minimal impact to the neighborhood. With the Wadsworth widening project, a light will be installed at 41st and Wadsworth, which will allow a second
efficient means of ingress and egress to the development. Additionally, Public Works is
exploring the possibility of extending 42nd Avenue east to Wadsworth. This would further negate the impact of traffic on the neighborhood, potentially allowing for a straight path from the proposed development to Wadsworth, which is an arterial street.
Public Works feels that the development will have minimal traffic impact on the neighborhood
and that future Wadsworth improvements will only serve to lessen any traffic impact on the neighborhood. Public Improvements
Both Yarrow and W. 42nd Avenue will be improved with new curb, gutter and 5’ attached sidewalk. Staff concludes that all requirements of the Subdivision Regulations have been met.
V. AGENCY REFERRAL All affected City departments and service agencies were contacted for comment on the zone change request regarding the ability to serve the property. Specific referral responses follow:
West Metro Fire: Will require sprinklering of certain units in the development. Wheat Ridge Parks and Recreation Department: Will continue working with the developer and planning staff regarding the interface between Happiness Gardens and the proposed
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
development. Fees in lieu of parkland dedication will be required in the amount of $2497.29 per
unit.
Wheat Ridge Police Department: Has no issues with the zone change. Wheat Ridge Public Works: Has reviewed a drainage report and traffic report. Has concluded
that a traffic signal at the W. 44th Avenue/Yarrow Street intersection is not warranted at this
time. Wheat Ridge Sanitation District: No objections. Can serve the property with an existing line in Yarrow
Xcel Energy: No objections. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that both of the subdivision filings have met all requirements of the subdivision
regulations. Staff further concludes that approval of the subdivision will facilitate development of the property. Because all internal and external agencies can provide service to the property with improvements installed at the developer’s expense, a recommendation of approval is given for Case Nos. WS-17-05 and WS-17-06.
VII. RECOMMENDED MOTIONS CASE NO. WS-17-05 OPTION A: “I move to recommend APPROVAL of Case No. WS-17-05, a request for approval of a 73-lot
subdivision plat for property located at 4255 Yarrow and 7955 W. 42nd Avenue, for the following reasons: 1. All requirements of the subdivision regulations have been met.
2. The proposed plat will facilitate redevelopment of the site.
3. Utility districts can serve the property with improvements installed at the developer’s expense. With the following conditions:
1. All minor corrections occur prior to public hearing in front of City Council. 2. A Development Covenant be executed prior to recordation of the subdivision plat. 3. The developer shall pay parks fees at the time of SIA recording. OPTION B:
“I move to recommend DENIAL of Case No. WS-17-05, a request for approval of a 73-lot subdivision plat for property located at 4255 Yarrow and 7955 W. 42nd Avenue, for the following reasons:
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
1.
2.” CASE NO. WS-17-06 OPTION A: “I move to recommend APPROVAL of Case No. WS-17-06, a request for approval of a 17-lot subdivision plat for property located at 7955 W. 42nd Avenue, for the following reasons: 1. All requirements of the subdivision regulations have been met.
2. The proposed plat will facilitate redevelopment of the site. 3. Utility districts can serve the property with improvements installed at the developer’s expense. With the following conditions:
1. All minor corrections occur prior to public hearing in front of City Council. 2. A Development Covenant be executed prior to recordation of the subdivision plat. 3. The developer shall pay parks fees at the time of SIA recording.”
OPTION B: “I move to recommend DENIAL of Case No. WS-17-0, a request for approval of a 24-lot subdivision plat for property located at 7955 W. 42nd Avenue, for the following reasons:
1. 2.”
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
Exhibit 1 – Applicant letter
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
Exhibit 2 – Aerial photo
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
Exhibit 3 – Site photos
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
Exhibit 4 – Plat #1
Planning Commission
WS-17-05 & WS-17-06/Yarrow Gardens
[See Attached]
Exhibit 5 – Plat #2
ATTACHMENT 3
ITEM NO: DATE: June 11, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 31-2018 - A RESOLUTION APPROVING A SEVENTEEN-LOT SUBDIVISION PLAT FOR PROPERTY
ZONED PLANNED RESIDENTIAL DEVELOPMENT AT 7955 W. 42ND AVENUE (CASE NO. WS-17-06/YARROW GARDENS) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _________________________ Community Development Director City Manager ISSUE: Request for approval of a 17-lot subdivision on property located at 7955 W. 42nd Avenue. The ultimate build-out on the two properties is 89 townhome units on 5.8 acres. The property is under contract to be purchased by Thrive Home Builders, the same Denver-based builder who developed the Perrin’s Row townhomes at West 38th Avenue and Depew Street.
PRIOR ACTION: Planning Commission heard this request at a public hearing on May 17, 2018 and gave a recommendation of approval for the following reasons: 1. All requirements of the subdivision regulations have been met.
2. The proposed plat will facilitate redevelopment of the site. 3. Utility districts can serve the property with improvements installed at the developer’s expense.
Council Action Form – 7955 W. 42nd Avenue Subdivision
June 11, 2018
Page 2 With the following conditions:
1. All minor subdivision plat corrections occur prior to public hearing in front of City Council. 2. A Development Covenant be executed prior to recordation of the subdivision plat. 3. The developer shall pay parks fees at the time of SIA recording.
Minor corrections to the subdivision plat have been made pursuant to Condition #1 in Planning Commission approval, so this has not been included in the City Council’s recommended motion. Staff has also added a condition regarding a note related to Construction Defects to the recommended motion for this case.
FINANCIAL IMPACT: Fees in the amount of $2385 were collected for the review and processing of Case Nos. WS-17-05 and WS-17-06. Building permit fees, use tax and fees in lieu of parkland dedication will be collected as well.
BACKGROUND: The subject of this subdivision request is the land addressed as 7955 W. 42nd Avenue. 7955 W. 42nd Avenue The property is located on W. 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, which will remain, and the rest is vacant. Right-of-way for West 42nd Avenue extends the width of the property but dead-ends into a cul-de-sac at the southeast corner of the property.
Surrounding Land Uses Development around the perimeter includes a variety of uses. Immediately to the west is a parcel zoned Residential-Two (R-2) that contains a shared urban garden, owned by the City of Wheat Ridge, known as Happiness Gardens. Beyond that parcel to the west are properties zoned R-2
that contain primarily single-family dwellings. To the south are the fields for the Wilmore-Davis
Elementary School zoned R-2. 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). Zoning and land use to the north is Commercial-One (C-1) developed into commercial uses.
Council Action Form – 7955 W. 42nd Avenue Subdivision
June 11, 2018
Page 3 Plat Configurations Case No. WS-17-05 combines the two parcels (4255 Yarrow and 7955 W. 42nd Avenue) and
then divides the northern lot (4255 Yarrow) into 73 townhouse parcels. The 7955 W. 42nd
Avenue property is shown as a Tract in that subdivision approval. Case No. WS-17-06 divides the southern lot (7955 W. 42nd Avenue) into 17 lots. Sixteen townhouse lots are shown on the east side and the west side, which contains the existing single-
family residence, is platted as a separate lot as well.
When the two plats are “combined” for development, it will look like the image below with 4255 Yarrow (73 lots) shown in half-tone and 7955 W. 42nd as the regular line drawing.
A site plan for the northern portion of the site is being reviewed administratively.
The application has been through the standard referral process with no concerns raised by any outside agencies or City departments.
4255 Yarrow –
73 townhouses
7955 W. 42nd – 16 townhouses
Existing single family to remain
Council Action Form – 7955 W. 42nd Avenue Subdivision
June 11, 2018
Page 4 RECOMMENDED MOTIONS “I move to approve Resolution No. 31-2018, a resolution approving a seventeen lot
subdivision plat for property zoned Planned Residential Development (PRD) at 7955 W. 42nd Avenue (Case No. WS-17-06), for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-109 and 26-407 of the Code of Laws.
2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation for approval. 3. All requirements of the subdivision regulations have been met. 4. The proposed plat will facilitate redevelopment of the site.
5. Utility districts can serve the property with improvements installed at the developer’s
expense. With the following conditions: 1. A Development Covenant be executed at the time of recordation of the plat.
2. The developer shall pay parks fees at the time of SIA recording in the amount of $39,956.
3. The Homeowners’ Association covenants shall be reviewed and approved by Staff prior to issuance of a building permit. 4. A note be added consistent with the language in Section 26-420 regarding Construction Defects.
Or, “I move to table indefinitely Resolution No. 31-2018, a resolution approving a seventeen lot subdivision plat for property zoned Planned Residential Development (PRD) at 7955 W. 42nd
Avenue (Case No. WS-17-06), for the following reasons:
1. 2. ”
REPORT PREPARED/REVIEWED BY:
Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 31-2018 Note – Planning Commission staff report and minutes are attached to Resolution No. 30-2018 (Case. No. WS-17-05)
CITY OF WHEAT RIDGE, COLORADO Resolution No. 31
Series 2018
TITLE: A RESOLUTION APPROVING A SEVENTEEN-LOT SUBDIVISION PLAT FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) AT 7955 W. 42ND
AVENUE (CASE NO. WS-17-06/YARROW GARDENS) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City’s review and approval of Subdivision Plats; and,
WHEREAS, an application for a seventeen lot subdivision plat was received from
EnviroFinance Group to subdivide property located at 7955 W. 42nd Avenue in the Planned Residential Development (PRD) zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have
concerns; and,
WHEREAS, all requirements of the zoning code and Subdivision Regulations have been met; and,
WHEREAS, all required publishing, posting and notification requirements for a
June 11, 2018, City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
A RESOLUTION APPROVING A SEVENTEEN-LOT SUBDIVISION PLAT FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) AT 7955 W. 42ND AVENUE (CASE NO. WS-17-06/ENVIROFINANCE GROUP) IS HEREBY APPROVED FOR THE FOLLOWING REASONS:
1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission,
which has forwarded its recommendation for approval.
3. All requirements of the subdivision regulations have been met. 4. The proposed plat will facilitate redevelopment of the site. 5. Utility districts can serve the property with improvements installed at the developer’s expense.
With the following conditions: 1. A Development Covenant be executed at the time of recordation of the subdivision plat.
ATTACHMENT 1
2. The developer shall pay parks fees at the time of SIA recordation in the amount of $39,956.00.
3. The Homeowners’ Association covenants shall be reviewed and approved by
Staff prior to issuance of a building permit. 4. A note be added consistent with the language in Section 26-420 regarding Construction Defects.
DONE AND RESOLVED by the City Council this 11th day of June, 2018.
By:
_____________________________
Bud Starker, Mayor ATTEST:
_________________________ Janelle Shaver, City Clerk
ITEM NO: DATE: June 11, 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. Proposed uses include a mix of office, office/warehouse and some light industrial
uses. The Outline Development Plan (ODP) also depicts the general location of building
footprints, parking areas and perimeter landscape buffers. If approved and prior to construction commencing, a Specific Development Plan would be required to be reviewed and approved by the Planning Commission.
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.
Council Action Form – Rezoning Property at 12600 W 42nd Ave
June 11, 2018
Page 2 2. The proposed zone change is consistent with the goals and objectives of the City’s
Comprehensive Plan and the I-70/Kipling Corridors Urban Renewal Plan.
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 applicant does not agree with the condition that requires a minimum of 25% office space in conjunction with a warehouse or workshop space. Staff feels that this limitation is important to
avoid an overabundance of warehouse area, which could be inconsistent with this mixed-use
neighborhood and infill development site. This will be a discussion item as part of the public hearing in front of City Council. The Planning Commission staff report and meeting minutes from that meeting are attached. That
report includes a more detailed analysis of the zone change criteria.
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.
Council Action Form – Rezoning Property at 12600 W 42nd Ave
June 11, 2018
Page 3
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
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 has been attached.
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 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 in compliance with all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The required rezoning has been reviewed by the Planning Commission, which has
forwarded its recommendation of approval with one condition.
3. The required rezoning has been found to comply with the “criteria for review” in Section 26-112- E and 260-303-D of the Code of Laws.
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.”
Or,
Council Action Form – Rezoning Property at 12600 W 42nd Ave
June 11, 2018
Page 4 “I move to deny 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 second reading for the following reasons: 1.
2.
3. ” REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 13-2018
2. Planning Commission staff report with attachments
3. Planning Commission public hearing minutes 4. Letter of Objection
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER MATHEWS
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
ATTACHMENT 1
health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 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: May 17, 2018
2nd publication: Wheat Ridge Transcript: Effective Date:
Planning Commission 1 Case No. WZ-18-08/Ball
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: May 3, 2018 CASE MANAGER: Meredith Reckert
CASE NO. & NAME: WZ-18-08 / Ball ACTION REQUESTED: Approval of a zone change from Agricultural-One (A-1) to Planned Commercial Development (PCD) with an Outline Development Plan (ODP)
LOCATION OF REQUEST: 12600 W. 42nd Avenue APPLICANT (S): Chris Ball
OWNER (S): Matt and Trudy Rock APPROXIMATE AREA: 1.1 acres
PRESENT ZONING: Agricultural-One (A-1) COMPREHENSIVE PLAN: Neighborhood buffer
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-18-08/Ball
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST Case No. WZ-18-08 is an application for approval of a zone change from Agricultural-One (A-1) to Planned Commercial Development (PCD) with an Outline Development Plan (ODP) for property
located at 12600 W. 42nd Avenue. The purpose of the request is to allow development of a commercial
structure on the property. Rezoning to a planned development in the City of Wheat Ridge involves a two-step process. The first step is the Outline Development Plan, which, if approved, changes the zoning designation on the land,
establishes allowed uses and development standards for the property, and establishes access
configurations for vehicles, pedestrians, and bicycles. The second step in the process is the Specific Development Plan (SDP), which focuses on specific details of a development such as final drainage, architecture, lot layouts, and specific building location and orientation. The SDP must be found to be compliant with the ODP in order to be approved.
The applicant is requesting a two-step approval, which is permitted pursuant to Section 26-302 of the Municipal Code. The ODP document requires public hearings before the Planning Commission and the City Council, with the City Council being the final deciding body. If the ODP is approved, the applicant can apply for SDP approval. SDP applications must be heard at a public hearing before the
Planning Commission, who is the final deciding body for SDP approval.
II. EXISTING CONDITIONS/PROPERTY HISTORY The property is located on W. 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 W. 42nd Avenue along the property frontage. (Exhibit 1, aerial photo) 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 office and maintenance 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 and more intensive commercially-oriented agricultural uses than A-1. Xenon Street going north contains a mix of single-family homes and businesses, including a dog boarding facility. (Exhibit 2, zoning map)
The property was platted into its current configuration pursuant to Case No. MS-05-02. (Exhibit 3, plat
of property)
Planning Commission 3 Case No. WZ-18-08/Ball
The most recent zoning action on the property was Case No. WZ-12-08, which was a request for zone change from Agricultural-One (A-1) to Mixed Use Neighborhood (MU-N). The application was denied by City Council on January 14, 2013 for the following reasons:
1. The majority of the request does not meet the zone change criteria.
2. More commercial use further destroys the integrity of the neighborhood. 3. The proposed zone change does not seem to create a buffer but rather encourages more commercial conversion.
Because this was a zone change to mixed use, no development plans were submitted for a specific site
plan or use. Attached as Exhibit 4 are photos. (Exhibit 4, site photos)
III. OUTLINE DEVELOPMENT PLAN
Attached is a copy of the proposed Outline Development Plan (ODP), which contains two sheets (Exhibit 5, Outline Development Plan). The first page is a typical cover page with certifications, legal description and signature blocks. Also on the first page is a character of development statement, list of permitted uses, and other notes. Additionally, this page establishes the development standards that will
govern future development on the site.
The second page incudes the conceptual layout of the property, including building location, parking and landscape areas. Allowable Uses
The property is currently zoned Agricultural-One, which allows for single-family homes on a minimum of one acre of land in addition to a variety of agricultural related uses. Typically, single-family residential and commercial zoning may not be considered compatible.
However, because this is a planned development process, the applicant has the ability to create the list
of uses allowed on the property to ensure compatibility. A list of uses has been proposed which are both commercial and semi-industrial but are lower in impact than other uses allowed in the City’s commercial 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 applicant has requested the ability to allow outdoor storage as a special use. Staff does not believe
that this is an appropriate site for outdoor storage and recommends it be stricken from the list. Staff
also recommends that there be a minimum amount of office use with associated warehouses and/or workshop operations. In the commercial zone districts, the minimum amount of office space required is 25%. This should be specified in the use chart.
Staff has included some operational limitations regarding working hours and work performed in the
rear bays. Site Configuration
Planning Commission 4 Case No. WZ-18-08/Ball
The ODP proposes a single-story, multi-tenant structure centered on the property with two access points from West 42nd Avenue. This is allowed as long as the access points are 100’ apart and not closer than 25’ to the closest side property line(s). Parking will be provided along all four sides of the property with landscape buffering between the parking and the property lines.
The minimum landscaping on the property is proposed at 20%, which is consistent with the coverage minimum for the City’s commercial zone districts. Building and hard surface coverage cannot exceed 80% of the site area.
A note was included that upgraded landscaping be provided along the western property line for
buffering for the adjacent residence. The buffering will include evergreen trees planted every 25’. Heavy trees and shrubs exist on the north side of Clear Creek blocking the view from the multi-use trail to the south.
The maximum height permitted within the development is shown as 35’, which is consistent with the
current A-1 zoning, and the maximum height permitted in residential zone districts in the City. The applicant has indicated that the proposed building will likely be one-story in height; however, the ODP allows a maximum building height of 35’.
Architecture
The applicant has proposed a multi-tenant building with a front façade made of masonry with modular glass front entry doors and windows for each suite. The Architecture and Site Design Manual (ASDM) is referenced as determining the architectural standards, therefore, the structure will need to be consistent with the commercial requirements in that document. Roll up doors are proposed for the
rear of the building.
Drainage With an ODP, applicants are requested to provide preliminary drainage information that indicates a conceptual design for drainage facilities. A full drainage report and final design is not required until
the subsequent SDP or plat applications. The drainage concept on the ODP proposes a storm water
quality pond in the front portion of the property adjacent to 42nd Avenue which outlets to an existing manhole and conveys the flows to Clear Creek.
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. The applicant has provided their own analysis for the zone change request.
(Exhibit 6, Applicant letter)
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 a significant adverse effect on the surrounding area if proper
provisions are put in place to ensure compatibility with lower impact uses. While the new zoning would allow for commercial development on the vacant lot, any proposed development will require a Specific Development Plan through which site design, drainage and landscape buffering will be analyzed.
Planning Commission 5 Case No. WZ-18-08/Ball
The PCD zoning is expected to add value to the subject property and surrounding community. The development standards will support compatibility between future development and the existing variety of land uses in the area. There are no architectural standards under the current A-1 zoning,
so the enhanced design controls in the planned development and ASDM should benefit then
character of the area. The property has been underutilized, and has been the subject of nuisance violations for the owner including illegal vehicular turnaround, illegal parking and dumping. While the property to the
east, Prospect Park District office, is in an agricultural zone, it is a semi-industrial use with large
fleet vehicles and outside storage. Staff concludes that this criterion has been met.
2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity.
All responding agencies have indicated they can serve the property with improvements installed at the developers’ expense. Should the zone change be approved, a more detailed review will occur at the time of the Specific Development Plan.
Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies or plans for the area.
The existing Comprehensive Plan was adopted in 2009. The Structure Plan map in Envision
Wheat Ridge illustrates the community’s vision by classifying different types of land use areas and transportation corridors. It is not a parcel-based land use map and does not show all existing and proposed land uses. The property is located in “neighborhood” and a
“neighborhood buffer” areas on the Structure Plan. Neighborhoods are established residential
areas. Neighborhood buffers are located on the edges of neighborhoods and function as buffers between the City’s high intensity corridors and lower density neighborhoods. Many times these areas are transitional where land uses decreases in intensity as they move away from the commercial corridors.
The structure plan is just one component of the Comprehensive Plan. There are other goals identified in the plan such as recognizing the need to improve underutilized property and encouraging revitalization of “problem” properties. The expanded uses and development standards for the property are expected to encourage investment in the site and could be a
catalyst for other property improvements in the area. This increased investment in the area will
help bring stability to the property, which has been underutilized and difficult to maintain and subject to Code Enforcement action. Staff concludes that this criterion has been met.
Planning Commission 6 Case No. WZ-18-08/Ball
b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error.
Staff has not found any evidence of an error with the current A-1 zoning designation as it
appears on the City zoning maps. Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that it is
in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Over the past 17 years, the character of West 42nd Avenue has evolved as the north side of the
street has developed from vacant land into an area with viable commercial and public uses. In
2001, Modern Log Homes developed the property at 4288 Youngfield Street as an office and show room for a log home construction business. In 2003, the one-story office building across the street from the subject property was built and in 2008, Jefferson County developed the Head Start day pre-school at 12725 W. 42nd. By permitting relatively low intensity commercial
uses, the proposed zone change is consistent with the character of the street.
Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive
plan. The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable.
Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING
Prior to submittal of an application for a zone change, the applicant was required to hold a neighborhood input meeting in accordance with section 26-109 of the Code of Laws. The meeting was held on February 18, 2018, with two representatives of the neighborhood present.
See the neighborhood meeting notes attached as an exhibit. No other comments were received.
(Exhibit 7, neighborhood meetings 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:
Planning Commission 7 Case No. WZ-18-08/Ball
Arvada Fire Protection District: Standard comments were provided regarding access and compliance with the 2012 International Fire Code. AFPD Fire Station #2 located at 5250 Oak Street provides fire protection. Further comments will be provided once more detail is provided regarding building size, site layout and fire/water distribution utilities.
CenturyLink: No objections Fruitdale Sanitation District: There is an 8” sewer main running west to east in West 42nd Avenue that can serve the property.
Prospect Recreation and Park District: No objections. Valley Water District: Can serve the property with improvements installed at the developers expense.
Wheat Ridge Economic Development: Believes the development will not negatively affect the neighborhood nor does it conflict with the surrounding land uses. Wheat Ridge Police Department: No objection.
Wheat Ridge Public Works Department: Has reviewed a preliminary drainage report and has commented on the proposed location of the water quality pond. A final drainage report will be required at the time of Specific Development Plan.
Xcel Energy: No objection.
VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change will not have a detrimental effect on the area and could
act as a catalyst for other investment in the area. Staff further concludes that utility infrastructure is
adjacent to and can serve the property at the developer’s expense. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan and the Kipling/I-70 Corridor Urban Renewal Plan.
Because the zone change evaluation criteria support the zone change request, staff recommends
approval of Case No. WZ-18-08. VIII. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WZ-18-08, a request for approval of a zone change from Agricultural-One to Planned Commercial Development with an Outline Development Plan (ODP) for property located at 12600 W. 42nd Avenue, 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 zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and the I-70/Kipling Corridor Urban Renewal Plan.
Planning Commission 8 Case No. WZ-18-08/Ball
3. The criteria used to evaluate a zone change support the request. With the following conditions:
1. Eliminate outside storage from the list of allowed special uses.
2. In the Use Chart, specify that a minimum of 25% of office use is required with warehouse or workshop primary user.” Option B: “I move to recommend DENIAL of Case No. WZ-18-08, a request for approval of a zone change from
Agricultural-One (A-1) to Planned Commercial Development (PCD) with an Outline Development Plan (ODP) for property located at 12600 W. 42nd Avenue, for the following reasons:
1.
2. …”
Planning Commission 9 Case No. WZ-18-08/Ball
EXHIBIT 1: AERIAL
Site
Planning Commission 10 Case No. WZ-18-08/Ball
EXHIBIT 2: ZONING MAP
Site
Planning Commission 11 Case No. WZ-18-08/Ball
Attached as an 11x17 document on the following page.
EXHIBIT 3: SUBDIVISION PLAT
Planning Commission 12 Case No. WZ-18-08/Ball
EXHIBIT 4: SITE PHOTOS
View south on Xenon
Street
View of Prospect Park
district office
Planning Commission 13 Case No. WZ-18-08/Ball
View of property
looking south from 42nd Avenue
View of property looking south from 42nd
Avenue
Planning Commission 14 Case No. WZ-18-08/Ball
View of office building across the street
View south looking at adjacent residential
property
Planning Commission 15 Case No. WZ-18-08/Ball
View looking west on West 42nd Avenue
Planning Commission 16 Case No. WZ-18-08/Ball
EXHIBIT 5: ODP DOCUMENT
Planning Commission 17 Case No. WZ-18-08/Ball
EXHIBIT 6: APPLICANT LETTER
Planning Commission 18 Case No. WZ-18-08/Ball
Planning Commission 19 Case No. WZ-18-08/Ball
Planning Commission 20 Case No. WZ-18-08/Ball
Planning Commission 21 Case No. WZ-18-08/Ball
EXHIBIT 7: NEIGHBORHOOD MEETING
NOTES
Planning Commission 22 Case No. WZ-18-08/Ball
Planning Commission 23 Case No. WZ-18-08/Ball
Planning Commission 24 Case No. WZ-18-08/Ball
Planning Commission 25 Case No. WZ-18-08/Ball
Planning Commission 26 Case No. WZ-18-08/Ball
Planning Commission 27 Case No. WZ-18-08/Ball
Planning Commission 28 Case No. WZ-18-08/Ball
Planning Commission 29 Case No. WZ-18-08/Ball
ATTACHMENT 3
ATTACHMENT 4
ITEM NO:
DATE: June 11, 2018
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 15-2018 – AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW CRITERION FOR REVIEWING SPECIAL USE PERMITS (CASE NO. ZOA-18-02)
PUBLIC HEARING ORDINANCES FOR 1ST READING (06/11/2018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/25/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ _____________________________ Community Development Director City Manager ISSUE: At a City Council study session earlier this year, Councilpersons Hoppe and Duran requested
consideration of an ordinance potentially amending the City’s special use permit regulations. More specifically, the request was to consider adding an additional review criterion to require consideration of an application’s consistency with the City’s adopted comprehensive planning
documents.
For all zoning districts, Chapter 26 of the Code of Laws lists various uses which are permitted
and not permitted. The Code also lists uses which may be allowed, subject to review and approval of a special use permit application. Currently, there are eight (8) criteria against which
special use permit applications are reviewed. If this ordinance were to be approved, a ninth
review criterion would be added to that list.
PRIOR ACTION: City Council provided preliminary direction on this matter at the May 7, 2018 study session.
Council Action Form – Special Use Permit Review Criteria
June 11, 2018
Page 2 FINANCIAL IMPACT: None.
BACKGROUND: City Council recently requested consideration of a potential Chapter 26 Code amendment related to the criteria against which special use permits are reviewed for approval. City Council
discussed the draft ordinance at a study session on May 7 and directed staff to move forward
with consideration of the ordinance, including consideration by the Planning Commission, as required by Code. The Planning Commission public hearing was held on June 7 and their recommendation will be forwarded as part of the June 25 public hearing Council packet.
As drafted, the ordinance that would amend Chapter 26 of the Code of laws to add a 9th special
use permit review criterion, reads as follows: “The proposed special use promotes goals and outcomes from applicable portions of the city's comprehensive plan and any sub-area plan applicable to the subject property.”
As City Council is aware, in all zoning districts, there are uses that are permitted, not permitted
and those that are allowed after review and approval of a special use permit (SUP). Special uses are considered “discretionary uses, which, if properly designed, developed, operated and maintained may be approved for a specific location…”
The code further states: “The primary issues to be addressed are those related to justification of
need and special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, a special use may be approved, approved with modifications (conditions) or denied. Previously approved special use permits may be revoked
“if at any time the stipulations or conditions (of the previous approval) are not adhered to or are
found to have been materially altered in scope, application or design…” Such revocation may only occur after a revocation hearing before City Council. Procedurally, special use permits begin as an administrative permit application eligible for
review and approval by the Community Development Director (CDD), upon a finding that the
application complies with the criteria for review in Section 26-114.D. In three (3) instances, SUPs are forwarded to City Council to be heard at a public hearing.
• If the CDD finds that one or more of the criteria for review are not met
• If a written objection is received during the public noticing period
• If the CDD recommends a condition of approval, to which the applicant objects
In taking action on a special use permit, City Council also may approve, approve with conditions or deny said applications. Both the CDD and City Council, when approving a special use must decide whether a special use:
• Runs with the land in perpetuity
• Is personal to the applicant and may or may not be inherited; and/or
Council Action Form – Special Use Permit Review Criteria
June 11, 2018
Page 3
• Shall be granted only for a defined period, after which time the special use permit shall
expire unless renewed subject to all of the procedural requirements described above Following are the codified criteria for reviewing special use permits:
D. Criteria for review. The community development director or city council shall base its
decision in consideration of the extent to which (underline added) the application demonstrates
the following criteria have been met: 1. The special use will not have a detrimental effect upon the general health, welfare, safety
and convenience of persons residing or working in the neighborhood.
2. The special use will not create or contribute to blight in the neighborhood by virtue of
physical or operational characteristics. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property.
4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe
parking, loading, service or internal traffic conflicts to the detriment of persons whether
on or off the site. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the
character of the surrounding areas and neighborhood, especially with adjacent
properties.
6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 7. There is a history of compliance by the applicant and/or property owner with Code
requirements and prior conditions, if any, regarding the subject property.
8. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual. It has been the City’s practice in applying the above criteria to interpret the above underlined text
such that it would be possible to approve (with or without condition) a SUP even if one or more
of the above criteria have not been fully met. As noted, these permits are discretionary by design. RECOMMENDATIONS: The City’s Comprehensive Plan and subarea plans are policy documents intended to guide various
policy decisions of the City. Principally they inform land use and zoning policies pertaining to
development on private property. However, they also include policy recommendations on housing, transportation, economic development, parks and other topical subjects. As it pertains to land use decisions, Chapter 26 specifically requires consideration of the Comprehensive Plan when the City takes actions on rezonings, both privately initiated and City-initiated legislative
rezonings. The Comprehensive Plan is also considered in approving subdivision plats. The
Comprehensive Plan also informs amendments to Chapter 26 of the Code of Laws, such as when the City adopted new mixed-use zoning districts shortly after adoption of the most recent Plan
Council Action Form – Special Use Permit Review Criteria
June 11, 2018
Page 4 (Envision Wheat Ridge) in October 2009. It is logical to consider incorporating consideration of
the Plan in making land use decisions on special use permits as well.
RECOMMENDED MOTION: “I move to approve Council Bill No. 15-2018 an ordinance amending the Code of Laws to add an additional criterion for review of applications for special use permit, on first reading, order it
published, public hearing set for Monday, June 25, 2018, at 7:00 p.m. in City Council Chambers,
and that it take effect 15 days after final publication.” Or,
“I move to postpone indefinitely Council Bill No. 15-2018 an ordinance amending the Code of
Laws to add an additional criterion for review of applications for special use permit, for the following reason(s): .” REPORT PREPARED/REVIEWED BY: Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 15-2018
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________
COUNCIL BILL NO. 15 ORDINANCE NO. _________ Series 2018 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS TO INCLUDE AN ADDITIONAL CRITERION FOR REVIEW OF APPLICATIONS FOR SPECIAL USE PERMITS
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority the City Council has previously enacted Section 26-114 of the Wheat Ridge Code of Laws, which provides for the approval of special uses of real property under specific conditions; and
WHEREAS, in the further exercise of this authority, the City has adopted a
comprehensive master plan and several subarea plans to guide land use and development within the City; and
WHEREAS, the City Council finds that it is appropriate to include, within the criteria for review of special use applications under Section 26-114, an additional
criterion concerning applicable planning documents.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Code of Laws amended.
Section 26-114.D of the Wheat Ridge Code of Laws is amended by the addition
of a new criterion (9), to read:
D. Criteria for review. The community development director or city council shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met:
(1) . . .
(9) THE PROPOSED SPECIAL USE PROMOTES GOALS AND OUTCOMES FROM APPLICABLE PORTIONS OF THE CITY’S COMPREHENSIVE PLAN AND ANY SUBAREA PLAN APPLICABLE TO THE SUBJECT PROPERTY.
ATTACHMENT 1
Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___
on this ____ day of ____________, 2018, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for ____________________, 2018 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final 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 E. Dahl, City Attorney
First Publication: Second Publication: Wheat Ridge Transcript Effective Date:
Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us
ITEM NO:
DATE: June 11, 2018
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 16-2018 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ELECTRIFIED FENCES (CASE NO. ZOA-18-03)
PUBLIC HEARING ORDINANCES FOR 1ST READING (06/112018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/25/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ _____________________________ Community Development Director City Manager ISSUE: Municipal Code is currently silent on the topic of electrified fencing. Historically, the City has
determined such fences to be prohibited in the City based on a finding that they represent “a
hazard to the health or safety of any person,” and as such were by definition a prohibited fence
type. City Council requested discussion of the topic and an initial discussion occurred at the May
7, 2018 Study Session. At Council’s May 21 study session staff presented a draft ordinance that
would allow electrified fences in certain locations through review and approval of a special use
permit (SUP). Council’s direction at that meeting was to move forward with a code amendment ordinance public hearing process, including the required Planning Commission public hearing, which occurred on June 7. Their recommendation will be forwarded to City Council at the public hearing.
PRIOR ACTION: As noted, City Council has discussed this topic at the May 7 and May 21, 2018 study sessions.
FINANCIAL IMPACT: None.
Council Action Form – Electrified Fence Code Ordinance
June 11, 2018
Page 2 BACKGROUND: Historically, staff has interpreted electric fences to be a prohibited fence type. Chapter 26-603 of
the Code defines various types of permitted fences, including: masonry walls, ornamental iron, woven wire and chain link (with some limitations), wood, hedges, and barbed wire (with some limitations). The code also defines fence types prohibited, as “any fence, if in the opinion of the chief building inspector, public works director or chief of police that would constitute a hazard to
the health or safety of any person.” Based on this language, electric fences have been treated as a
prohibited fence type. In a May 7, 2018 staff memo to City Council, staff provided some anecdotal information as to how other jurisdictions address electrified fences. While many Colorado jurisdictions choose to
prohibit these fences entirely, several also allow them, though generally in limited locations.
Based on Council direction at the May 7 study session, the City Attorney has drafted an ordinance amending Chapter 26 of the Code to allow electrically charged fences, at a maximum height of 9 feet, through review and approval of a special use permit (SUP) application.
Staff felt it would be appropriate to somewhat limit the scope of where such fences could be
installed in the City and the special use permit review process in itself is limiting. Each such application needs to be evaluated relative to the extent which said application is consistent with the nine (9) criteria for review found in Section 26-114. Further, we have proposed that they be allowed only in limited zone districts: Commercial-One, Commercial-Two,
Industrial/Employment, Planned Commercial and Planned Industrial. In defining “electrically
charged fences,” staff’s draft language also suggests such fences are permitted “where necessitated by a demonstrated need for heightened security due to the nature of the uses surrounded by the fence, based upon such circumstances as excessive criminal or theft activity and the like.”
As City Council is aware, the SUP process begins as an administrative review and approval. The process triggers City Council review under three (3) scenarios: 1) a written objection is received during the public noticing period; 2) the Community Development Director (CDD) recommends denial of said application; and 3) the CDD recommends conditions of approval, to which the applicant objects and wishes to appeal said objection the City Council.
RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 16-2018 an ordinance amending Chapter 26 of the Code of Laws concerning electrified fences, on first reading, order it published, public hearing set for Monday, June 25, 2018, at 7:00 p.m. in City Council Chambers, and that it take effect immediately upon adoption, as permitted by Section 5.11 of the Charter.”
Or,
Council Action Form – Electrified Fence Code Ordinance
June 11, 2018
Page 3 “I move to postpone indefinitely Council Bill No. 16-2018 an ordinance amending Chapter 26 of
the Code of Laws concerning electrified fences, for the following reason(s):
.” REPORT PREPARED/REVIEWED BY: Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2018
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________
COUNCIL BILL NO. _______ ORDINANCE NO. _________ Series 2018
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ELECTRICALLY CHARGED FENCES
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers
conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority, the City Council has previously
adopted Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) entitled zoning and development; and
WHEREAS, the City Council wishes to amend said Chapter 26 to provide for the regulation of electrically charged fences as a special use in certain zone districts and
under specific conditions to ensure the safety and security of property owners and the
general public.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26–123 of the Code is amended by the addition of the
following definition to be placed in the appropriate alphabetical order:
Electrically charged fence. A fence not exceeding 9 feet in height which is constructed for the purpose of carrying and supporting wires which are electrically charged so as to deter unauthorized persons from climbing on or over such fence, which fence shall be erected in association with other perimeter fencing, and which
may be permitted only as a special use under section 26-114 where necessitated
by a demonstrated need for heightened security due to the nature of the use surrounded by the fence, based upon such circumstances as excessive criminal or theft activity and the like.
Section 2. Section 26–114 (special uses) of the Code, subsection B
(Applicability) is amended to read as follows:
B. Applicability. The requirements of this subsection shall apply to all uses listed as "special uses" within the provisions set forth for any particular zone district. REVIEW OF A SPECIAL USE APPLICATION FOR AN ELECTRICALLY CHARGED FENCE IS PERMITTED IN THE ZONE DISTRICTS LISTED IN
ARTICLE 2 OF THIS CHAPTER, AND IN ADDITION THERETO, THE PLANNED
ATTACHMENT 1
COMMERCIAL DISTRICT (PCD) AND THE PLANNED INDUSTRIAL DISTRICT (PID).
Section 3. Section 26–204 of the Code is amended by including "electrically
charged fence” within the Table of Uses-Commercial and Industrial Districts, to permit such use as a special use (S) in the C-1, C–2 and I–E zone districts.
Section 4. Section 26–313 of the Code, concerning Planned Commercial Development (PCD) district regulations, is amended by the addition of a new subsection
J, to read as follows:
J. “In addition to other uses permitted in the PCD district, electrically charged fences are permitted as special uses upon approval of a special use permit under Section 26–114.”
Section 5. Section 26–314 of the Code, Planned Industrial Development (PID),
is amended by the addition of a new subsection I to read as follows:
I. “In addition to other uses permitted in the PID district, electrically charged fences are permitted as special uses upon approval of a special use permit under Section 26–114.”
Section 6. Section 26-603 of the Code is amended by the addition of a new
subsection J, to read:
J. “Notwithstanding this section, an electrically charged fence, if approved as a special use pursuant to section 26–114, may be constructed to a maximum height of 9 feet.”
Section 7. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 8. Effective Date. This Ordinance shall take effect upon adoption, as
permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this ____ day of ____________, 2018, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for ____________________, 2018 at 7:00 p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final 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 E. Dahl, City Attorney
First Publication:___________________________ Second Publication:
Wheat Ridge Transcript
Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us