The URL can be used to link to this page

Home My WebLink AboutCouncil Agenda Packet 06-25-18 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 25, 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 Study Session Notes of June 4, 2018 PROCLAMATIONS AND CEREMONIES Recognition of City Award Program Recipients 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 ITEM NO: DATE: June 25, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 37- 2018 – A RESOLUTION AMENDING THE FISCAL YEAR 2018 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $15,000 FOR THE PURPOSE OF PROVIDING MANDATED LEGAL COUNSEL FOR IN CUSTODY DEFENDANTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ ____________________________ Municipal Court Presiding Judge City Manager ISSUE: Colorado House Bill 16-1309 was passed by the General Assembly mandating legal representation for defendants in custody. The effective date for implementation of this bill is July 1, 2018. The additional funds will be used to pay the services of court appointed counsel mandated to be present for in-custody detainees. A supplemental budget appropriation in the amount of $15,000 is required to fund this mandate. PRIOR ACTION: Colorado House Bill 16-1309 became law on June 11, 2016, and required the Municipal Court to appoint legal counsel for defendants in custody. Colorado House Bill 17-1316 was approved April 28, 2017 and delayed the implementation of Colorado House Bill 16-1309 until July 1, 2018. Colorado House Bill 18-1353 was approved on May 30, 2018 and created a grant program that will allow for local governments to request monies to offset the costs associated with providing legal counsel to in custody defendants at their first appearance. CAF – Municipal Court Mandated Legal Counsel Budget Amendment June 25, 2018 Page 2 FINANCIAL IMPACT: This mandate will increase the Municipal Court Fund Budget for Professional Services by $15,000. The additional funding in the amount of $15,000 is necessary to retain legal counsel for defendants in custody. If this supplemental budget appropriation is approved the Municipal Court Fund Budget for Professional Services will increase to $36,000. On June 5, 2018, Judge Randall was advised by Department of Local Affairs that the grant fund program has not yet been established. When the grant fund program is established Department of Local Affairs will publish a Notice of Funding Availability. At that time, the Municipal Court will be able to apply for the grant funds. Department of Local Affairs is unable to provide a time line as to when these grant funds may become available. BACKGROUND: The Municipal Court has followed legal guidelines for the appointing of legal counsel for defendants that meet the established eligibility guidelines. The State Legislature passed House Bill 16-1309 mandating legal representation for in-custody defendants at their first appearance without regard to their financial status. The implementation of House Bill 16-1309 was delayed as this legislation initially created an unfunded mandate. House Bill 18-1353 created a grant program to reimburse local governments for costs associated with the provision of defense counsel to certain in custody defendants. The grant program is not yet available through the Department of Local Affairs. The Municipal Court will apply for reimbursement for the costs associated with House Bill 16-1309 upon the creation of the grant program by the means established at a future date to be determined by the Department of Local Affairs. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation to increase the funds available for court appointed counsel to represent in custody defendants. RECOMMENDED MOTION: “I move to approve Resolution No. 37-2018 – a resolution amending the fiscal year 2018 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $15,000 for the purpose of payment to mandated legal counsel for in custody defendants.” Or, “I move to postpone indefinitely Resolution No. 37-2018 – a resolution amending the fiscal year 2018 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $15,000 for the purpose of payment to mandated legal counsel for in custody defendants for the following reason(s) .” CAF – Municipal Court Mandated Legal Counsel Budget Amendment June 25, 2018 Page 3 REPORT PREPARED/REVIEWED BY: Christopher D. Randall, Presiding Judge/Department Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 37-2018 2. Colorado House Bill 16-1309, HB 17-1316, and HB 18-1353 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 37 Series of 2018 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2018 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $15,000 FOR THE PURPOSE OF PROVIDING MANDATED LEGAL COUNSEL FOR IN CUSTODY DEFENDANTS WHEREAS, House Bill 16-1309 mandating the appointment of defense counsel for in custody defendants became law on June 11, 2016; and, WHEREAS, House Bill 17-1316 was approved on April 28, 2017 and delayed the implementation of Colorado House Bill 16-1309 until July 1, 2018; and, WHEREAS, additional funding in the amount of $15,000 is required due to this unfunded mandate; and, WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A transfer of $15,000 is hereby approved from General Fund undesignated reserves to account #01-109-700-750 and the 2018 revenues are amended accordingly. DONE AND RESOLVED this 25th day of June 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk ATTACHMENT 1 ATTACHMENT 2 ITEM NO: DATE: June 25, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 38-2018 – A RESOLUTION AMENDING THE FISCAL YEAR 2018 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,279 FOR THE PURPOSES OF INCREASING THE RESIDENT SURVEY SAMPLE SIZE BY 1,500 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO City Manager ISSUE: The biannual resident survey conducted by the National Research Center (NRC) was budgeted to include 3,000 surveys mailed out to residents. City Council directed staff at the February 26 Study Session to increase the number of mailed out surveys in an effort to hear from more residents and include as many people as possible. The increase of 1,500 surveys increased the cost to $5,279, which was not appropriated in the 2018 budget. FINANCIAL IMPACT: The resident survey project was budgeted at $35,500 and included 3,000 surveys, by increasing the number of surveys by 1,500 the total project is $40,779. The overall unbudgeted increase is $5,279. RECOMMENDATIONS: Staff recommends approval of the resolution in order to provide for a supplemental budget appropriation in the amount of $5,279 for the purpose of paying the additional expense incurred to increase the Resident Survey sample size by 1,500. Council Action Form – Budget Supplemental for Resident Survey June 25, 2018 Page 2 RECOMMENDED MOTION: “I move to approve Resolution No. 38-2018, a resolution amending the fiscal year 2018 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $5,279 for the purposes of increasing the Resident Survey sample size by 1,500.” Or, “I move to table indefinitely Resolution No. 38-2018, a resolution amending the fiscal year 2018 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $5,279 for the purposes of increasing the Resident Survey sample size by 1,500 for the following reason(s) _______________________________.” REPORT PREPARED/REVIEWED BY: Carly Lorentz, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 38-2018 2. Resident Survey Invoice CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38 Series of 2018 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2018 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,279 FOR THE PURPOSE OF INCREASING THE RESIDENT SURVEY SAMPLE SIZE BY 1,500 WHEREAS, the biannual resident survey conducted by the National Research Center was budgeted to include 3,000 surveys mailed out to residents; and, WHEREAS, City Council directed staff at the February 26, 2018 Study Session to increase the number of mailed out surveys in an effort to hear from more residents and include as many people as possible; and, WHEREAS, additional funding in the amount of $5,279 is required due to the increase in resident survey sample size by 1,500; and, WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A transfer of $5,279 from General Fund undesignated reserves to account #01-111-700-704 is hereby approved and revenues are amended accordingly. DONE AND RESOLVED this 25th day of June 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk ATTACHMENT 1 ATTACHMENT 2 ITEM NO: DATE: June 25, 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. The ordinance was introduced on 1st reading at the June 11, 2018 City Council meeting. The Planning Commission held a public hearing on June 7 and forwards their recommendation of approval. Council Action Form – Special Use Permit Review Criteria June 25, 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 they forward a recommendation of approval. As drafted, the ordinance that would amend Chapter 26 of the Code of laws to add a 9th special use permit review criterion, to read 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 SUP, 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 • Shall be granted only for a defined period, after which time the special use permit shall Council Action Form – Special Use Permit Review Criteria June 25, 2018 Page 3 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 (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. Council Action Form – Special Use Permit Review Criteria June 25, 2018 Page 4 RECOMMENDED MOTION: ““I move to approve 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), on second reading 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 2. Planning Commission meeting minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE 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 6 to 0 on this 11th day of June, 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 June 25, 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: June 14, 2018 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us Planning Commission Minutes - 12 –June 7, 2018 Motion Carried 6-0. D.Case No. ZOA-18-02: An Ordinance amending Chapter 26 of the Wheat RidgeCode of Laws to include an additional criterion for review of applications forspecial use permits. Mr. Johnstone gave a brief summary and background regarding the ordinance amendment. Commissioner OHM wanted to know if within this 9th criteria the developer hasany control. Mr. Johnstone explained that City Council has softened the language and will use astandard of reasonableness. Commissioner OHM also asked if a special use permit would be granted in perpetuity. Mr. Johnstone said yes but a special use permit could also be granted specific to anapplicant or limited in time. It was moved by Commissioner DORSEY and seconded by CommissionerLARSON to recommend approval of the proposed ordinance amendingChapter 26 to include an additional criterion for review of applications forspecial use permits. Motion carried 6-0. E.Case No. ZOA-18-03: An Ordinance amending Chapter 26 of the Wheat RidgeCode of Laws concerning electrically charged fences. Mr. Johnstone gave a short presentation regarding the ordinance amendment. Commissioner OHM asked if the Board of Adjustment recommended a 3 footseparation from a 6 foot perimeter fence for safety concerns, why has this beenomitted from the ordinance. Mr. Johnstone said that due to the reality of the parties involved they say it is notacceptable to them. He explained the other issue is real estate that is not used andthird the trash that collects between the two fences. Commissioner OHM also wanted to know if signage, warning people that the fenceis electrified could be added to the ordinance. Mr. Johnstone said it can be a condition of approval. ATTACHMENT 2 ITEM NO: DATE: June 25, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 36-2018 – A RESOLUTION APPROVING A NINE LOT SUBDIVISION PLAT FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) LOCATED AT 2826 EATON STREET (CASE NO. WS-17- 04/EATON STREET COTTAGES) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a 9-lot subdivision for property located at 2826 Eaton Street. The property being subdivided includes approximately three-fourth of an acre, and will facilitate the development of a 9-unit cottage home development. PRIOR ACTION: This subdivision request was heard by the Planning Commission at a public hearing held on June 7, 2018. The Planning Commission voted 5-1 to recommend approval of this subdivision with four conditions: 1. A plat note be added with the language contained in Section 26-420 (Plat note concerning multi-family development). 2. No building permit shall be issued until a demolition permit is issued for the exiting home, carriage house, and garage. 3. The developer shall enter into a subdivision improvement agreement whereby all required infrastructure improvements are in place prior to issuance of building permits for individual lots. Council Action Form – Nine-Lot Subdivision – 2826 Eaton St June 25, 2018 Page 2 4. The Homeowners’ Association covenants be reviewed and approved by Staff prior to issuance of building permits. On June 7, 2018, the Planning Commission reviewed and approved a Specific Development Plan (SDP) application for this property which includes a site plan, landscape plan, and elevations for a proposed cottage home development. Prior to the Specific Development Plan, City Council approved a rezoning on this property from Residential-Three (R-3) and Residential-One C (R-1C) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) on September 12, 2016. The ODP established development standards for the property in anticipation of the cottage home concept. Planning Commission found the SDP to be in compliance with the ODP approved by City Council. With the ODP and SDP approved, the plat is the final public process for this development. If the subdivision is approved, the developer can begin applying for Eaton Street right-of-way improvements and building permits for the homes. FINANCIAL IMPACT: Fees in the amount of $2,980.00 were collected for the processing of Case No. WZ-17-04. If approved, the City will collect additional revenues from this project in the form of building permit fees, use taxs, and fees-in-lieu of park dedication. BACKGROUND: Existing Conditions The property currently contains a single-family house, carriage house, and large garage built in 1941. Currently, the property consists of 10 parcels of land belonging to the Lakeside Resubdivision, which was platted in 1890. Surrounding Land Uses The majority of properties to the east and west of the subject property are single-family homes. Some multi-family properties exist to the south, and to the north along 29th Avenue is a strip of commercial uses. Plat Configuration The nine proposed lots are centered around a common courtyard, which will be platted as one of 3 tracts on this property and extends north into the shared parking area. Within the shared parking area is another tract which contains the stormwater drainage and water quality features for this development. Finally, a third tract will be adjacent to one of the 9 home lots and will contain landscaping and potentially the common mailbox area. Four of the nine lots will have frontage along or facing Eaton Street. RECOMMENDED MOTION: “I move to approve Resolution No. 36-2018, a resolution approving a nine lot subdivision plat for property zoned Planned Residential Development located at 2826 Eaton Street (Case No. WS-17- 04) for the following reasons: 1. City Council has conducted a proper public hearing, all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. Council Action Form – Nine-Lot Subdivision – 2826 Eaton St June 25, 2018 Page 3 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. All requirements of the subdivision regulations have been met. 4. The proposed plat will facilitate the 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 plat note be added with the language contained in Section 26-420 (Plat note concerning multi-family development). 2. No building permit shall be issued until a demolition permit is issued for the exiting home, carriage house, and garage. 3. The developer shall enter into a subdivision improvement agreement whereby all required infrastructure improvements are in place prior to issuance of building permits for individual lots. 4. The Homeowners’ Association covenants be reviewed and approved by Staff prior to issuance of building permits.” Or, “I move to table indefinitely Resolution 36-2018, a resolution approving a nine lot subdivision plat for property zoned Planned Residential Development located at 2826 Eaton Street (Case No. WS- 17-04), for the following reasons: 1. 2. .” REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 36-2018 2. Planning Commission Staff Report 3. Planning Commission Draft Minutes CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36 Series 2018 TITLE: A RESOLUTION APPROVING A NINE LOT SUBDIVISION PLAT FOR PROPERTY ZONED PLANNED RESIDENITAL DEVELOPMENT (PRD) LOCATED AT 2826 EATON STREET (CASE NO. WS-17-04/EATON STREET COTTAGES) 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 nine lot subdivision plat was received from Squareroot, Inc. to subdivide property located at 2826 Eaton Street 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 25, 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 NINE LOT SUBDIVISION PLAT FOR PROPERTY ZONED PLANNED RESIDENITAL DEVELOPMENT (PRD) LOCATED AT 2826 EATON STREET (CASE NO. WS-17-04/EATON STREET COTTAGES) 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 plat note be added with the language contained in Section 26-420 (Plat note concerning multi-family development). 2. No building permit shall be issued until a demolition permit is issued for the exiting home, carriage house, and garage. ATTACHMENT 1 3. The developer shall enter into a subdivision improvement agreement whereby all required infrastructure improvements are in place prior to issuance of building permits for individual lots. 4. The Homeowners’ Association covenants be reviewed and approved by Staff prior to issuance of building permits. DONE AND RESOLVED by the City Council this 25th day of June, 2018. By: _____________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Planning Commission 1Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: June 7, 2018 CASE MANAGER: Zack Wallace Mendez CASE NO. & NAME: WZ-17-07 and WS-17-04 / Eaton Street Cottages ACTION REQUESTED: Approval of a Specific Development Plan (SDP) and subdivision plat for the development of 9 cottage units on property zoned Planned Residential Development (PRD). LOCATION OF REQUEST: 2826 Eaton Street APPLICANT (S): Andrew Gibson, Squareroot, Inc. OWNER (S): Squareroot, Inc. APPROXIMATE AREA: 31,588 square feet (0.73 acres) PRESENT ZONING: Planned Residential Development (PRD) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN(X) ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ-17-07 is an application for approval of a Specific Development Plan (SDP) for property zoned Planned Residential Development (PRD) for property located at 2826 Eaton Street. The purpose of the request is to allow for the construction of 9 cottage units. Rezoning to a planned development in the City of Wheat Ridge involves a two-step process. The first step is the Outline Development Plan (ODP), which for this property, was approved by City Council on September 12, 2016. The approval of the ODP changed the zoning designation on the land, established allowed uses and development standards for the property, and established 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. Pursuant to Section 26-302 of the Municipal Code, the applicant has chosen a two-step approval process, first completing the ODP process in its entirety before submitting the SDP for review. When this two-step process is broken apart, the ODP document requires public hearings before the Planning Commission and the City Council, with the City Council being the final deciding body. The SDP application must be heard at a public hearing before the Planning Commission, who is the final deciding body for SDP approval. Accompanying the request for approval of the SDP is Case No. WS-17-04, a request for approval of a 9-lot subdivision. Subdivisions must accompany the SDP through the review process to ensure the plat aligns with the proposed SDP. II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located in southeast Wheat Ridge, on the east side of Eaton Street between 28th Avenue and 29th Avenue. On the same block is the long standing commercial shopping center at the corner of 29th Avenue and Depew Street. The City of Edgewater is approximately one block to the south. (Exhibit 1, Aerial) The neighborhood currently consists of a mix of single-family homes and small-scale multi-family properties, as well as some neighborhood-oriented commercial uses. The zoning reflects this environment with a mix of residential zone districts including Residential-One C (R-1C), Residential- Two (R-2), and Residential-Three (R-3), in addition to Commercial-One zoning along 29th Avenue (Exhibit 2, Zoning Map). The subject property consists of a single family home, a large detached garage, and a carriage house. The Jefferson County Assessor states the structures were built in 1941. The existing improvements were constructed across 10 parcels of land, originally platted as part of the Lakeside Resubdivision in 1890. If the SDP and plat are approved, all existing improvements will be demolished for construction of the cottage homes. Planning Commission 3 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages III. OUTLINE DEVELOPMENT PLAN Attached is a copy of the approved Outline Development Plan for the site, which contains two sheets (Exhibit 3, Outline Development Plan). Allowable Uses Uses permitted per the ODP are attached and detached one-family dwelling units, common area uses (courtyards, shared parking areas, storage areas, garden, active and passive recreation), and accessory uses (home occupations and household pets). Development Standards The ODP calls for the following development standards: Minimum Lot Size 1,850 square feet Minimum side and rear setbacks for buildings 10 feet Minimum setbacks for parking lot and shed 6 feet Minimum separation between buildings (except attached duplex units) 10 feet Front setback No more than 22% of the total street frontage will have buildings setback from Eaton Street a minimum of 10 feet. Remainder of building will have a minimum 20-foot setback. Parking The ODP states there must be a minimum of 1.5 off-street parking spaces per unit. As such, 9 units requires a minimum of 14 off-street parking spaces. Building Height Maximum building height is limited to 25 feet. Architecture The ODP states that the architecture must conform to the Architectural and Site Design Manual. Access Access is to be gained from a single access point from Eaton Street into a common parking lot. Open Space All landscaping and open space requirements shall conform with Section 26-502 of the Municipal Code. IV. SPECIFIC DEVELOPMENT PLAN Attached is a copy of the proposed Specific Development Plan (SDP), which includes eight sheets (Exhibit 4, Specific Development Plan): 1. Cover page: includes signature blocks, legal description, character of development statement, project data table, and general reference information. Planning Commission 4 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages 2. Site plan: shows where the single-family and duplex cottages will be located on the site, as well as setbacks, the location of the common parking area, bicycle rack, shed, common areas, and improvements along Eaton Street. 3. Landscape plan: shows the proposed landscaping in the common areas of the site. Landscaping on the individual home lots will be the responsibility of the future property owner. 4. Landscape details: details the specific plant types and coverages being proposed, as shown on page 3, landscape plan. 5. “Erin” elevation: elevation for the single-family home product that is proposed for the site. 6. “Willows” elevation: elevation for the duplex product that is proposed for the site. 7. Building dimensions: details the building footprints, as well as provides a general note regarding the exterior color schedule, which will be determined at building permit. 8. Accessory structures: details the carport and trash enclosures. The nine cottage units are oriented around a central common space courtyard. A shared parking lot with 15 parking spaces and a shed are located on the north side of the property with sidewalks leading into the central courtyard. Ten of the parking spaces will be covered by a carport. The carport and shed are the only allowable accessory structures on the site, per the ODP. Homes nearest Eaton Street will have access to both Eaton Street and the central courtyard. The developer will provide landscaping in the common areas, but the future owner of each lot will be responsible for landscaping their own property. Setbacks and building heights are compliant with the ODP. Allowable Uses Uses permitted per the ODP are attached and detached one-family dwelling units, common area uses (courtyards, shared parking areas, storage areas, garden, active and passive recreation), and accessory uses (home occupations and household pets). The SDP proposes uses consistent with the approved ODP. Development Standards The table below compares the requirements of the approved ODP to the proposed SDP: Standard ODP Requirement Provided by the SDP Minimum Lot Size 1,850 square feet Ranges from 2,061 – 2,579 square feet Minimum side and rear setbacks for buildings 10 feet Ranges from 10 – 14 feet Minimum setbacks for parking lot and shed 6 feet Parking lot: 6 foot setback Shed: 8 foot setback Minimum separation between buildings (except attached duplex units) 10 feet Ranges from 10 – 12 feet Front setback No more than 22% of the total street frontage will have buildings setback from Eaton Street a minimum of 10 feet. Remainder of buildings will have a minimum 20 foot setback. Approximately 22% of the street frontage contains buildings at 10-15 foot setbacks. The remaining buildings have setbacks ranging from 20-22 feet. Parking A total of 15 off-street parking spaces have been provided on the SDP. The ODP requires a minimum of 14 off-street parking spaces. Planning Commission 5 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages Building Height The tallest building (single-family detached, “Erin” model) measures slightly more than 24’ to its peak. Per the City’s height measurement (to the mid-point between the eaves and the ridge), the height of these homes is approximately 19.5 feet. Duplex units are approximately 17 feet to their peak, 14.5 feet to midpoint. The ODP limits building heights to 25 feet. V. SUBDIVISION Plat Document The proposed plat document consists of three pages (Exhibit 5, Subdivision Plat). The first page includes the legal description of the property; signature blocks for the owner, City, surveyor and County; and standards declarations and notes. The second pages includes the current Lakeside Resubdivision lots, which are being vacated. The third page includes the proposed lot layout, including lot lines, tracts, and easements. Section 26-420 of the Code of Laws provides plat language for multi-family developments, and should be added to plat notes. This has been added as a condition of approval. Additionally, the language has been included as Exhibit 6. Lot Configuration The site is rectangular in shape, approximately 235 feet wide by 132 feet deep. The proposed subdivision creates two tracts on the north side of the property. Tract A is located within the proposed parking lot, and is a non-buildable tract used for stormwater drainage and water quality. Tract B covers a larger area on the north end of the property, and extends down into the center of the property. Tract B is for common space purposes and will contain the parking lot, shed, and central courtyard. Tract C is located on the south end of the site, but is also for common space purposes, and will be landscaped by the developer. The 9 proposed lots will each contain a home, and are centered around the courtyard (a portion of Tract B). Several easements are located on the proposed plat, including a utility easement which encumbers much of Tract A, and extends down into the central courtyard area of Tract B. Access and utility easements are located between several lots to allow through movement for residents as well as utility companies, who may need to place service lines in these areas. Around the southern and eastern property lines is a standard 8-foot utility easement. Public Improvements Curb, gutter and sidewalk will be constructed along the frontage of the property. Additionally, bump outs will be constructed along Eaton Street to create more defined on-street parking in front of the property. Drainage The property will be utilizing a permeable pavement system located within the parking lot area, and the water will percolate into the ground. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works: All comments have been adequately addressed. Planning Commission 6 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages West Metro Fire Protection District: No comments or concerns. Fire apparatus access from Eaton Street is acceptable, and existing nearby hydrants are acceptable for the required minimum fire flow. Wheat Ridge Sanitation District: No objections. Each new home will be required to have a separate connection to the district main, installed at the developers expense. Xcel Energy: Provided instruction that natural gas mains will need to be installed to provide gas service to the homes. Century Link: No objections. VII. SPECIFIC DEVELOPMENT PLAN CRITERIA Criteria for the review of SDP documents is provided in Section 26-305.D. Staff has provided analysis of these criteria below. Planning Commission shall base its decision in consideration of the extent to which the 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 the zoning and development code. The intent 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. Other general purposes of a planned development are: • To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. • To promote compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. • To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. Staff has concluded that the SDP is consistent with these goals by adding to the diversity of housing types in Wheat Ridge, while maintaining the overall character of the neighborhood though smaller building footprints, and 25 foot height maximums. 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 This SDP does meet the design intent and purpose of the approved outline development plan (see Section IV). 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. Planning Commission 7 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages Single-family (attached and detached) homes, common areas, a shed, and a carport are all designated as permitted uses on the ODP. Staff concludes that this criterion has been met. 4. The site is appropriately designed and it consistent with the development guidelines established in the outline development plan. The design of the site is compliant with the development guidelines established by the OPD. Staff concludes that this criterion has been met. 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 that they have ability to serve the redeveloped property. The developer is responsible for any upgrades required by the utility districts. 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 proposed SDP is in conformance with the design standards established in the ODP. Staff concludes that this criterion has been met. VIII. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed Specific Development Plan is consistent with the planned development regulations, with the goals and policies of the City’s guiding documents, and with the Eaton Street ODP. Because the requirements for a SDP have been met and the review criteria support the SDP, a recommendation for approval is given. Additionally, Staff concludes that the proposed subdivision plat results in a logical layout consistent with the future development proposed by the specific development plan. Staff further concludes that the subdivision plat complies with the standards in Article IV of the zoning and development code (subdivision regulations) and that all utility agencies can serve the property with improvements installed at the developer’s expense. For these reasons, Staff recommends approval of the subdivision plat with the conditions listed below. IX. SUGGESTED MOTIONS – SPECIFIC DEVELOPMENT PLAN Option A: “I move to recommend APPROVAL of Case No. WZ-17-07, a request for approval of a Specific Development Plan for property zoned Planned Residential Development (PRD) located at 2826 Eaton Street for the following reasons: 1. The proposal is consistent with the City’s guiding documents including the Neighborhood Revitalization Strategy and Envision Wheat Ridge. 2. The proposed SDP is consistent with the approved ODP document. Planning Commission 8 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages 3. All requirements for an SDP have been met. 4. The criteria used to evaluate an SDP have been met. Option B: “I move to recommend DENIAL of Case No. WZ-17-07, a request for approval of a Specific Development Plan for property zoned Planned Residential Development (PRD) located at 2826 Eaton Street for the following reasons: 1. 2. 3. …” X. SUGGESTED MOTIONS – SUBDIVISION Option A: “I move to recommend APPROVAL of Case No. WS-17-04, a request for approval of a 9-lot subdivision for property zoned Planned Residential Development (PRD) located at 2826 Eaton Street for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer’s expense. 2. The plat will result in a logical layout consistent with the future development proposed by the specific development plan. 3. The requirements of Article IV of the zoning and development Code have been met. With the following conditions: 1. A plat note be added with the language contained in Section 26-420 (Plat note concerning multi-family development) 2. No building permit shall be issued until a demolition permit is issued for the existing home, carriage house, and garage. 3. The developer shall enter into a subdivision improvement agreement whereby all required infrastructure improvements are in place prior to issuance of building permits for individual lots. 4. The Homeowners’ Association covenants be reviewed and approved by Staff prior to issuance of building permits. Option B: “I move to recommend DENIAL of Case No. WS-17-05, a request for approval of a 9-lot subdivision for property zoned Planned Residential Development (PRD) located at 2826 Eaton Street for the following reasons: 1. 2. 3. …” Planning Commission 9 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages EXHIBIT 1: AERIAL Planning Commission 10 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages EXHIBIT 2: ZONING MAP Planning Commission 11 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages Attached as an 11x17 document on the following page. EXHIBIT 3: OUTLINE DEVELOPMENT PLAN Planning Commission 12 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages This page intentionally left blank. Planning Commission 13 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages Attached as an 11x17 document on the following page. EXHIBIT 4: SPECIFIC DEVELOPMENT PLAN Planning Commission 14 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages This page intentionally left blank. P R O J E C T D I R E C T O R Y O W N E R / D E V E L O P E R : S Q U A R E R O O T C O T T A G E S , I N C . P . O . B o x 1 2 3 7 D e n v e r , C o l o r a d o 8 0 2 1 2 P : ( 3 0 3 ) 2 5 0 . 5 9 1 1 C o n t a c t : A n d r e w G i b s o n a g i b s o n @ s q u a r e r o o t i n c . c o m C I V I L E N G I N E E R : T h e S a n i t a s G r o u p , L L C 8 0 1 M a i n S t r e e t , S u i t e 2 2 5 L o u i s v i l l e , C O 8 0 0 2 7 P : ( 7 2 0 ) 3 4 6 . 1 6 5 6 C o n t a c t : C u r t i s C . S t e v e n s , P . E . , C F M c s t e v e n s @ t h e s a n i t a s g r o u p . c o m 1 . O U T L I N E D E V E L O P M E N T P L A N ( O D P ) - C A S E # W Z - 1 6 - 0 5 D E V E L O P M E N T H I S T O R Y V I C I N I T Y M A P OWNER'S CERTIFICATEThe below signed owner(s), or legally designated agent(s) thereof, dohereby agree that the property legally described hereon will bedeveloped as a Planned Development in accordance with the uses,restrictions and conditions contained in this plan, and as may otherwisebe required by law. I (we) further recognize that the approval of thisspecific development plan, does not create a vested property right.Vested property rights may only arise and accrue pursuant to theprovisions of Section 26-121 of the Wheat Ridge Code of Laws.State of Colorado)) SSCounty of Jefferson)The foregoing instrument was acknowledged before me this_______ day of _________, A.D. 20___ by _________________.Witness my hand and official seal. My commission expires:________________________Notary PublicSURVEYOR'S CERTIFICATEI, ___________________________ do hereby certify that the survey ofthe boundary of Eaton Street Cottages was made by me of under mydirect supervision and to the best of my knowledge, information andbelief, in accordance with all applicable Colorado statutes, currentrevised edition as amended, the accompanying plan accuratelyrepresents said survey._____________________________(Surveyor's Seal)SignatureCOUNTY CLERK AND RECORDERS CERTIFICATEState of Colorado)) SSCounty of Jefferson)I hereby certify that this plan was filed in the office of the CountyClerk and Recorder of Jefferson County at Golden, Colorado, at_______ o'clock _.M. on the _____ day of _________, ______A.D.,in Book ______, Page_______, Reception No. ______________.JEFFERSON COUNTY CLERK AND RECORDERBy: ________________________DeputyPLANNING COMMISSION CERTIFICATERecommended for approval this ________ day of ________,___________, by the Wheat Ridge Planning Commission._____________________________ChairpersonCITY CERTIFICATIONApproved this _____ day of ____________________, _______ by theCity of Wheat Ridge.ATTEST________________________________________City ClerkMayor__________________________________Community Development Director A R C H I T E C T : R O S S C H A P I N A R C H I T E C T S P . O . B o x 2 3 0 1 9 5 S e c o n d S t r e e t L a n g l e y , W A 9 8 2 6 0 P : ( 3 6 0 ) 2 2 1 . 2 3 7 3 C o n t a c t : R o s s C h a p i n i n q u i r y @ r o s s c h a p i n . c o m S H E E T I N D E X S h e e t N u m b e r S h e e t T i t l e S D P - 1 S D P C o v e r S h e e t S D P - 2 S i t e P l a n S D P - 3 L a n d s c a p e P l a n S D P - 4 B u i l d i n g E l e v a t i o n s " E r i n " S D P - 5 B u i l d i n g E l e v a t i o n s " W i l l o w s " 2 8 2 6 E A T O N S T R E E T A P A R T O F T H E S . E . Q U A R T E R O F S E C T I O N 2 5 , T 3 S , R . 6 9 . W , O F T H E 6 T H P . M . , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O E A T O N S T R E E T C O T T A G E S P L A N N E D R E S I D E N T I A L D E V E L O P M E N T A S P E C I F I C D E V E L O P M E N T P L A N I N T H E C I T Y O F W H E A T R I D G E L O T S 1 T H R O U G H 9 A N D T R A C T S A A N D B O F T H E E A T O N S T R E E T C O T T A G E S S U B D I V I S I O N C A L C U L A T E D A R E A = 3 1 , 0 8 5 S Q . F T . O R 0 . 7 1 3 6 A C R E S . 0 4 A P R I L 2 0 1 8 THE PROPOSED E A T O N S T R E E T C O T T A G E S R E S I D E N T I A L D E V E L O P M E N T WILL INCLUDE T H E C O N S T R U C T I O N O F 9 R E S I D E N T I A L U N I T S I N A GROUPING ON T H E S O U T H E R N 2 3 O F T H E S I T E . U N I T M I X C O N S I S T S O F 4 DUPLEX AND 5 S I N G L E - F A M I L Y S T R U C T U R E S . T H E P R O J E C T I N T E N D S T O CREATE A CENT R A L L I V I N G A R E A W I T H T H E H O M E S S U R R O U N D I N G A CENTRAL SHAR E D L A N D S C A P E A R E A . R E S I D E N T I A L U N I T S W I L L B E LIMITED IN SIZE B A S E D O N T H E L O T S I Z E S A N D I N T E N T O F T H E P R O J E C T TO CREATE A L O W E R I M P A C T C O M M U N I T Y . O N - S I T E P A R K I N G W I L L B E LIMITED TO A C E N T R A L I Z E D P A R K I N G A R E A L O C A T E D O N T H E N O R T H S I D E OF THE SITE, WI T H E A C H U N I T G E T T I N G A D E D I C A T E D P A R K I N G S P A C E UNDER A PROP O S E D C A N O P Y R O O F T H A T W I L L B E D E S I G N E D T O ACCOMODATE S O L A R P A N E L S . WATER QUALIT Y W I L L B E H A N D L E D B Y R O U T I N G R U N O F F T H R O U G H LANDSCAPING A R E A S I N C L U D I N G G R A S S S W A L E S A N D P L A N T E R B E D S PRIOR TO EXITI N G T H E S I T E . T H E P A R K I N G L O T W I L L C O N S I S T O F A PERMEABLE PA V E R S Y S T E M , P R O V I D I N G W A T E R Q U A L I T Y T R E A T M E N T FOR VEHICLE R U N O F F . LANDSCAPING W I L L B E P R O V I D E D A L O N G T H E E A T O N S T R E E T S C A P E , WITH THE ADDI T I O N O F L A N D S C A P E B U M P O U T S A S W E L L A S T H E INSTALLATION O F S T R E E T T R E E S A N D P L A N T I N G S A L O N G T H E R E Q U I R E D LANDSCAPE SET B A C K . P A R K I N G L O T L A N D S C A P E B U F F E R S W I L L B E CONSTRUCTED O N T H E N O R T H A N D E A S T S I D E O F T H E P A R K I N G L O T T O BUFFER ADJACE N T P R O P E R T I E S . THE PROPOSED A R C H I T E C T U R E I S P R E S E N T E D O N S H E E T S S D P - 4 THROUGH SDP- 8 F O R R E F E R E N C E . CHARACTER O F N E I G H B O R H O O D T H E P R O P O S E D D E V E L O P M E N T I S A N T I C I P A T E D T O B E C O M P L E T E D I N O N E C O N T I N U O U S P H A S E , H O W E V E R I F C O N D I T I O N S D I C T A T E T H A T T H E D E V E L O P M E N T B E P H A S E D N O A M E N D M E N T T O T H I S P L A N I S R E Q U I R E D . P H A S I N G S U R V E Y O R : F L A T I R O N S , I N C . 3 8 2 5 I r i s A v e , S u i t e 3 9 5 B o u l d e r , C O 8 0 3 0 1 P : ( 3 0 3 ) 4 4 3 . 7 0 0 1 C o n t a c t : E d B r i s t o w E B r i s t o w @ F l a t i r o n s I n c . c o m L E G A L D E S C R I P T I O N : ( P R O V I D E D B Y T I T L E C O M M I T M E N T ) P R O J E C T D A T A T A B L E P R O J E C T S I T E SHERIDAN BLVD AMES ST W 2 9 T H A V E BENTON ST CHASE ST N DEPEW ST EATON ST FENTON ST GRAY ST W 2 8 T H A V E W 2 7 T H A V E CHASE ST N DEPEW ST W 28TH A V E ZENOBIA ST L a n d s c a p e N o t e s & D e t a i l s S D P - 6 S D P - 7 S D P - 8 B u i l d i n g D i m e n s i o n s T r a s h & C a r p o r t E x a m p l e s O U T L I N E D E V E L O P M E N T P L A N C A S E N O . W Z - 1 6 - 0 5 C A S E N O . W Z - 9 6 - 0 8 C A S E N O . W S - 1 7 - 0 4 C A S E N O . W Z - 1 7 - 0 7 C A S E H I S T O R Y : O U T L I N E D E V E L O P M E N T P L A N C A S E N O . W Z - 1 6 - 0 5 P R E P A R E D B Y R O S S C H A P I N A R C H I T E C T S D A T E : J A N U A R Y 1 9 , 2 0 1 8 S U B D I V I S I O N P L A T C A S E N O . W S - 1 7 - 0 4 P R E P A R E D B Y F L A T I R O N S , I N C . D A T E : D E C E M B E R 2 0 , 2 0 1 7 P U B L I C I M P R O V E M E N T S P L A N S P R E P A R E D B Y T H E S A N I T A S G R O U P D A T E : J A N U A R Y 9 , 2 0 1 8 R E F E R E N C E D O C U M E N T S : Andrew GibsonFor Squareroot Cottages, LLC P R E P A R E D F O R : D E S I G N E D B Y : D R A W N B Y : C H E C K E D B Y : D R A W I N G S C A L E : S H E E T : O F 8 P R E P A R E D B Y : P R O J E C T N O . B 1 1 8 1 H O R I Z O N T A L : V E R T I C A L : 1 0 / 2 5 / 1 7 D A T E I S S U E I N I T I A L S U B M I T T A L S a n i t a s T h e G r o u p SPECIFIC DEVELOPMENT PLAN FOR: S Q U A R E R O O T C O T T A G E S , L L C 8 0 1 M A I N S T , S U I T E 2 2 5 L O U I S V I L L E , C O 8 0 0 2 7 3 0 3 . 4 8 1 . 2 7 1 0 P . O . B O X 1 2 3 7 D E N V E R , C O L O R A D O 8 0 2 1 2 3 0 3 . 2 5 0 . 5 9 1 1 C O N T A C T : A N D R E W G I B S O N P R O J E C T C O N T A C T : C U R T I S C . S T E V E N S , P . E . 2826 EATON STREET CITY OF WHEAT RIDGE, STATE OF COLORADO EATON STREET COTTAGES R E S U B M I T T A L 0 1 / 1 9 / 1 8 0 4 / 0 4 / 1 8 C I T Y C O M M E N T S S D P C O V E R S H E E T S D P - 1 1 N / A N / A T S G T S G C C S 1 1 8 1 C V - S D P EATON STREET E A T O N S T R E E T TRACT AAREA=2,404 S.F.LOT 2 AREA=2,0 6 1 S . F . L O T 4 A R E A = 2 , 0 6 8 S . F . L O T 6 A R E A = 2 , 1 1 7 S . F . LOT 1 AREA=2,0 7 2 S . F . L O T 3 A R E A = 2 , 0 6 9 S . F . L O T 5 A R E A = 2 , 1 1 7 S . F . L O T 7 A R E A = 2 , 4 8 1 S . F . L O T 8 A R E A = 2 , 2 8 2 S . F . L O T 9 A R E A = 2 , 5 7 9 S . F . T R A C T C A R E A = 6 0 1 S . F . T R A C T B A R E A = 8 , 2 3 5 S . F . 2 8 2 6 E A T O N S T R E E T A P A R T O F T H E S . E . Q U A R T E R O F S E C T I O N 2 5 , T 3 S , R . 6 9 . W , O F T H E 6 T H P . M . , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O EATON S T R E E T C O T T A G E S P L A N N E D R E S I D E N T I A L D E V E L O P M E N T A SPECI F I C D E V E L O P M E N T P L A N I N T H E C I T Y O F W H E A T R I D G E P R E P A R E D F O R : D E S I G N E D B Y : D R A W N B Y : C H E C K E D B Y : D R A W I N G S C A L E : S H E E T : O F 8 P R E P A R E D B Y : P R O J E C T N O . B 1 1 8 1 H O R I Z O N T A L : V E R T I C A L : 1 0 / 2 5 / 1 7 D A T E I S S U E I N I T I A L S U B M I T T A L S a n i t a s T h e G r o u p SPECIFIC DEVELOPMENT PLAN FOR: S Q U A R E R O O T C O T T A G E S , L L C 8 0 1 M A I N S T , S U I T E 2 2 5 L O U I S V I L L E , C O 8 0 0 2 7 3 0 3 . 4 8 1 . 2 7 1 0 P . O . B O X 1 2 3 7 D E N V E R , C O L O R A D O 8 0 2 1 2 3 0 3 . 2 5 0 . 5 9 1 1 C O N T A C T : A N D R E W G I B S O N P R O J E C T C O N T A C T : C U R T I S C . S T E V E N S , P . E . 2826 EATON STREET CITY OF WHEAT RIDGE, STATE OF COLORADO EATON STREET COTTAGES R E S U B M I T T A L 0 1 / 1 9 / 1 8 0 4 / 0 4 / 1 8 C I T Y C O M M E N T S L E G E N D E X . A S P H A L T P A V E M E N T P R O P O S E D A S P H A L T P A V E M E N T P R O P E R T Y B O U N D A R Y E X . F E N C E A D J A C E N T P R O P E R T Y B O U N D A R Y E X . O V E R H E A D U T I L I T I E S P R O P O S E D C O N C R E T E P A V E M E N T E X . T R E E T O R E M A I N E X . U T I L I T Y P O L E P R O P O S E D P E R V I O U S P A V E R S Y S T E M S I T E P L A N K E Y N O T E S : P R O P O S E D S T A N D A R D W H E E L S T O P ( T Y P . ) S E T W H E E L S T O P 2 ' F R O M E N D O F P A R K I N G S P A C E . P R O P O S E D P R I V A T E C O N C R E T E W A L K . P R O P O S E D E X T E R I O R B I K E P A R K I N G ( 8 S P A C E S ) . P R O P O S E D S T D 6 " V E R T I C A L C O N C R E T E C U R B . P R O P O S E D S I D E W A L K C H A S E D R A I N . P R O P O S E D P E R V I O U S P A V E R W A T E R Q U A L I T Y F E A T U R E . P R O P O S E D T R A S H E N C L O S U R E . S E E E X A M P L E S H E E T S D P - 8 . P R O P O S E D C O V E R E D M A I L B O X A N D E N T R Y F E A T U R E . E X I S T I N G A D J A C E N T F E N C I N G T O R E M A I N . P R O P O S E D P R I V A T E Y A R D F E N C E ( 2 4 " H I G H - 4 X 4 C E D A R P O S T W / 2 X 4 / 2 X 5 R O U G H S A W N C E D A R H O R I Z O N T A L R A I L S ) . P R O P O S E D O P E N F E N C E ( 4 2 " H I G H - 4 X 4 P T P O S T S W / 1 X 6 C E D A R H O R I Z O N T A L B O A R D S W / 4 " S P A C I N G & 2 X 6 P T T O P R A I L I N G ) . C L O S E D F E N C E ( 7 2 " M A X . H E I G H T - 4 X 4 P T P O S T S W / 1 X 6 C E D A R H O R I Z O N T A L B O A R D S W / 3 . 5 " & 5 " S P A C I N G & 2 X 6 P T T O P R A I L ) . C O M M O N A R E A P A T I O ( F I R E P I T , B B Q , O R S I M I L A R ) . C O M M O N A R E A L A W N S P A C E . P R O P O S E D D R A I N A G E S W A L E . P R O P O S E D O N - S T R E E T P A R A L L E L P A R K I N G . P R O P O S E D C I T Y S T D . C A T C H C U R B & G U T T E R ( 6 " B A R R I E R 1 . 5 " P A N ) S A W C U T & T I E I N T O E X I S T I N G A S P H A L T R O A D W A Y . 1 4 ' C O N C R E T E D R I V E R A M P . P R O P O S E D C O N C R E T E D R I V E A N D P A R K I N G . P R O P O S E D S T O R M D R A I N A G E A R E A I N L E T . P R O P O S E D P O R C H . P R O P O S E D P A T I O . S I T E P L A N S D P - 2 2 1 " = 1 0 ' N / A T S G T S G C C S 1 1 8 1 S P - S D P P R O P O S E D T R E E S 1 . T H E E X I S T I N G C O N D I T I O N S A R E B A S E D O N A N " T O P O G R A P H I C S U R V E Y " P R E P A R E D B Y A A A S U R V E Y I N G , I N C . A N D P R O V I D E D T O T H E S A N I T A S G R O U P , L L C I N C A D F O R M A T . 2 . T H E E X I S T I N G B O U N D A R Y I S B A S E D O N A S U R V E Y P R E P A R E D B Y F L A T I R O N S , I N C . P R O V I D E D T O T H E S A N I T A S G R O U P , L L C I N C A D F O R M A T D A T E D J U N E 7 , 2 0 1 7 U N D E R T H E P R O J E C T N U M B E R 1 7 - 6 8 , 9 6 7 . 3 . E X I S T I N G T R E E L O C A T I O N S B A S E D O N F I E L D S U R V E Y B Y A A A S U R V E Y I N G , I N C . E X I S T I N G C O N D I T I O N S S U R V E Y N O T E S P R O P O S E D L O T L I N E E A T O N A V E N U E L O T 2 ARE A = 2 , 0 6 0 S . F . L O T 4 A R E A = 2 , 0 6 8 S . F . L O T 6 A R E A = 2 , 1 1 7 S . F . L O T 1 ARE A = 2 , 0 7 1 S . F . L O T 3 A R E A = 2 , 0 6 9 S . F . L O T 5 A R E A = 2 , 1 1 7 S . F . L O T 7 A R E A = 2 , 4 8 1 S . F . L O T 8 A R E A = 2 , 2 8 2 S . F . L O T 9 A R E A = 2 , 5 7 9 S . F . T R A C T C A R E A = 6 0 1 S . F . T R A C T B 8 , 2 3 2 S . F . TRACT AAREA=2,404 S.F. 2 8 2 6 E A T O N S T R E E T A P A R T O F T H E S . E . Q U A R T E R O F S E C T I O N 2 5 , T 3 S , R . 6 9 . W , O F T H E 6 T H P . M . , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O EATON S T R E E T C O T T A G E S P L A N N E D R E S I D E N T I A L D E V E L O P M E N T A SPE C I F I C D E V E L O P M E N T P L A N I N T H E C I T Y O F W H E A T R I D G E P R E P A R E D F O R : D E S I G N E D B Y : D R A W N B Y : C H E C K E D B Y : D R A W I N G S C A L E : S H E E T : O F 8 P R E P A R E D B Y : P R O J E C T N O . B 1 1 8 1 H O R I Z O N T A L : V E R T I C A L : 1 0 / 2 5 / 1 7 D A T E I S S U E I N I T I A L S U B M I T T A L S a n i t a s T h e G r o u p SPECIFIC DEVELOPMENT PLAN FOR: S Q U A R E R O O T C O T T A G E S , L L C 8 0 1 M A I N S T , S U I T E 2 2 5 L O U I S V I L L E , C O 8 0 0 2 7 3 0 3 . 4 8 1 . 2 7 1 0 P . O . B O X 1 2 3 7 D E N V E R , C O L O R A D O 8 0 2 1 2 3 0 3 . 2 5 0 . 5 9 1 1 C O N T A C T : A N D R E W G I B S O N P R O J E C T C O N T A C T : C U R T I S C . S T E V E N S , P . E . 2826 EATON STREET CITY OF WHEAT RIDGE, STATE OF COLORADO EATON STREET COTTAGES R E S U B M I T T A L 0 1 / 1 9 / 1 8 0 4 / 0 4 / 1 8 C I T Y C O M M E N T S L E G E N D E X . A S P H A L T P A V E M E N T P R O P O S E D A S P H A L T P A V E M E N T P R O P O S E D C O N C R E T E P A V E M E N T P R O P O S E D P E R V I O U S P A V E R S Y S T E M L A N D S C A P E P L A N S D P - 3 3 1 " = 1 0 ' N / A T S G T S G C C S 1 1 8 1 L S - S D P P R O P O S E D P R I V A T E Y A R D F E N C E ( 2 4 " H I G H - 4 X 4 C E D A R P O S T W / 2 X 4 / 2 X 5 R O U G H S A W N C E D A R H O R I Z O N T A L R A I L S ) . P R O P O S E D O P E N F E N C E ( 4 2 " H I G H - 4 X 4 P T P O S T S W / 1 X 6 C E D A R H O R I Z O N T A L B O A R D S W / 4 " S P A C I N G & 2 X 6 P T T O P R A I L I N G ) . C L O S E D F E N C E ( 7 2 " M A X . H E I G H T - 4 X 4 P T P O S T S W / 1 X 6 C E D A R H O R I Z O N T A L B O A R D S W / 3 . 5 " & 5 " S P A C I N G & 2 X 6 P T T O P R A I L ) . L A N D S C A P E P L A N N O T E : R E F E R T O S H E E T S D P - 4 F O R N O T E S A N D D E T A I L S R E G A R D I N G T H I S L A N D S C A P E P L A N . L O T S P E C I F I C B U I L D I N G P E R M I T L A N D S C A P I N G ( B Y O W N E R ) S H R U B S A N D M U L C H N A T I V E S E E D W I T H S H R U B S T U R F P R O P O S E D S W A L E F L O W L I N E P R O P E R T Y B O U N D A R Y E X . F E N C E A D J A C E N T P R O P E R T Y B O U N D A R Y E X . O V E R H E A D U T I L I T I E S E X . T R E E T O R E M A I N E X . U T I L I T Y P O L E P R O P O S E D T R E E S P R O P O S E D L O T L I N E N O N - L A N D S C A P E D P O R T I O N O F L O T P R E P A R E D F O R : D E S I G N E D B Y : D R A W N B Y : C H E C K E D B Y : D R A W I N G S C A L E : S H E E T : O F 8 P R E P A R E D B Y : P R O J E C T N O . B 1 1 8 1 H O R I Z O N T A L : V E R T I C A L : 1 0 / 2 5 / 1 7 D A T E I S S U E I N I T I A L S U B M I T T A L S a n i t a s T h e G r o u p SPECIFIC DEVELOPMENT PLAN FOR: S Q U A R E R O O T C O T T A G E S , L L C 8 0 1 M A I N S T , S U I T E 2 2 5 L O U I S V I L L E , C O 8 0 0 2 7 3 0 3 . 4 8 1 . 2 7 1 0 P . O . B O X 1 2 3 7 D E N V E R , C O L O R A D O 8 0 2 1 2 3 0 3 . 2 5 0 . 5 9 1 1 C O N T A C T : A N D R E W G I B S O N P R O J E C T C O N T A C T : C U R T I S C . S T E V E N S , P . E . 2826 EATON STREET CITY OF WHEAT RIDGE, STATE OF COLORADO EATON STREET COTTAGES R E S U B M I T T A L 0 1 / 1 9 / 1 8 0 4 / 0 4 / 1 8 C I T Y C O M M E N T S L A N D S C A P E N O T E S A N D D E T A I L S S D P - 4 4 N / A N / A T S G T S G C C S 1 1 8 1 L S - S D P L A N D S C A P E P L A N N O T E : T H E L A N D S C A P E P L A N I S I N T E N D E D T O S H O W T H E O V E R A L L L A N D S C A P I N G I N T E N T O F T H E P R O J E C T A N D N O T I N T E N D E D A S A L A N D S C A P E C O N S T R U C T I O N D O C U M E N T . P R O P O S E D P L A N T I N G L O C A T I O N S A N D P O T E N T I A L V A R I E T I E S S H O W N O N T H I S P L A N W E R E P R O V I D E D T O T H E S A N I T A S G R O U P B Y T H E O W N E R A N D A R C H I T E C T F O R I N C O R P O R A T I O N I N T O T H I S D O C U M E N T . F I N A L P L A N T S E L E C T I O N , I R R I G A T I O N D E S I G N , S O I L A M E N D M E N T R E Q U I R E M E N T S , A N D R E L A T E D L A N D S C A P E C O N S T R U C T I O N D E T A I L S A N D S P E C I F I C A T I O N S S H A L L B E P R O V I D E D B Y O T H E R S . I N D I V I D U A L L O T R E Q U I R E M E N T S : I N D I V I D U A L S I N G L E - F A M I L Y A N D D U P L E X L O T L A N D S C A P I N G S H A L L B E D E T E R M I N E D O N A L O T B Y L O T B A S I S A T T H E T I M E O F B U I L D I N G P E R M I T F O R E A C H S P E C I F I C L O T . L A N D S C A P I N G S H A L L C O M P L Y W I T H S E C T I O N 2 6 - 5 0 2 O F T H E C I T Y O F W H E A T R I D G E C O D E . S P E C I F I C A L L Y , I N D I V I D U A L U N I T L O T L A N D S C A P I N G S H A L L C O N S I S T O F T H E F O L L O W I N G : · N O L E S S T H A N 2 5 % O F G R O S S L O T A R E A A N D N O L E S S T H A N 1 0 0 % O F T H E F R O N T Y A R D S E T B A C K S H A L L B E L A N D S C A P E D ( E X C L U D I N G S I D E W A L K S ) . · N O M O R E T H A N 5 0 % O F T H E T O T A L L A N D S C A P E C O V E R A G E S H A L L B E C O M P R I S E D O F T U R F . L O W W A T E R T U R F S U C H A S B U F F A L O G R A S S , B L U E G A M M A , O R B L U E F E S C U E G R A S S E S A R E A L L O W E D A N D E N C O U R A G E D . · P R O V I D E A M I N I M U M O F O N E ( 1 ) T R E E A N D T E N ( 1 0 ) S H R U B S P E R 1 , 0 0 0 S Q U A R E - F E E T O F L A N D S C A P E A R E A O N E A C H I N D I V I D U A L L O T . · T H E E N T I R E F R O N T Y A R D A R E A , E X C L U D I N G A C C E S S A R E A S , S H A L L B E L A N D S C A P E D . · F R O N T Y A R D A R E A S H A L L I N C L U D E A R E A S B E T W E E N H O M E S A N D S T R E E T F R O N T A G E S A S W E L L A S A R E A S L O C A T E D A D J A C E N T T O M A I N E N T R A N C E P O I N T S O F E A C H H O M E . S T R E E T T R E E R E Q U I R E M E N T S : S I N G L E - F A M I L Y / D U P L E X R E S I D E N T I A L R E Q U I R E M E N T : 1 T R E E P E R 7 0 L F F R O N T A G E P R O J E C T F R O N T A G E : 2 3 5 L F S T R E E T T R E E S R E Q U I R E D : 4 S T R E E T T R E E S P R O V I D E D : 7 P R O P O S E D D E C I D U O U S S T R E E T T R E E S S H A L L B E M E D I U M S I Z E D A N D H A V E A M I N I M U M 2 1 / 2 I N C H C A L I P E R P E R T H E C I T Y O F W H E A T R I D G E S T R E E T S C A P E D E S I G N M A N U A L . A L L P L A N T I N G A R E A S H A L L H A V E A M I N I M U M W I D T H O F 5 F E E T A N D A S O I L D E P T H O F 3 F E E T M I N I M U M . 2 8 2 6 E A T O N S T R E E T A P A R T O F T H E S . E . Q U A R T E R O F S E C T I O N 2 5 , T 3 S , R . 6 9 . W , O F T H E 6 T H P . M . , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O EATO N S T R E E T C O T T A G E S P L A N N E D R E S I D E N T I A L D E V E L O P M E N T A SP E C I F I C D E V E L O P M E N T P L A N I N T H E C I T Y O F W H E A T R I D G E I R R I G A T I O N N O T E : T H E E X I S T I N G W A T E R S E R V I C E A N D M E T E R S E R V I N G T H E P R O P E R T Y S H A L L B E R E - P U R P O S E D A S A D E D I C A T E D I R R I G A T I O N S E R V I C E F O R T H E P R O J E C T . P R O J E C T S H A L L H A V E A D R I P I R R I G A T I O N S Y S T E M I N S T A L L E D T O S E R V E A L L C O M M O N A R E A S . S Y S T E M D E S I G N S H A L L B E B Y O T H E R S . 2 8 2 6 E A T O N S T R E E T A P A R T O F T H E S . E . Q U A R T E R O F S E C T I O N 2 5 , T 3 S , R . 6 9 . W , O F T H E 6 T H P . M . , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O E A T O N S T R E E T C O T T A G E S P L A N N E D R E S I D E N T I A L D E V E L O P M E N T A S P E C I F I C D E V E L O P M E N T P L A N I N T H E C I T Y O F W H E A T R I D G E MATERIALS LIST P R E P A R E D F O R : D E S I G N E D B Y : D R A W N B Y : C H E C K E D B Y : D R A W I N G S C A L E : S H E E T : O F 8 P R E P A R E D B Y : P R O J E C T N O . B 1 1 8 1 H O R I Z O N T A L : V E R T I C A L : 1 0 / 2 5 / 1 7 D A T E I S S U E I N I T I A L S U B M I T T A L S a n i t a s T h e G r o u p SPECIFIC DEVELOPMENT PLAN FOR: S Q U A R E R O O T C O T T A G E S , L L C 8 0 1 M A I N S T , S U I T E 2 2 5 L O U I S V I L L E , C O 8 0 0 2 7 3 0 3 . 4 8 1 . 2 7 1 0 P . O . B O X 1 2 3 7 D E N V E R , C O L O R A D O 8 0 2 1 2 3 0 3 . 2 5 0 . 5 9 1 1 C O N T A C T : A N D R E W G I B S O N P R O J E C T C O N T A C T : C U R T I S C . S T E V E N S , P . E . 2826 EATON STREET CITY OF WHEAT RIDGE, STATE OF COLORADO EATON STREET COTTAGES R E S U B M I T T A L 0 1 / 1 9 / 1 8 0 4 / 0 4 / 1 8 C I T Y C O M M E N T S B U I L D I N G E L E V A T I O N S " E R I N " S D P - 5 5 N / A N / A T S G T S G C C S 1 1 8 1 S P - B L D G E L E 2 8 2 6 E A T O N S T R E E T A P A R T O F T H E S . E . Q U A R T E R O F S E C T I O N 2 5 , T 3 S , R . 6 9 . W , O F T H E 6 T H P . M . , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O E A T O N S T R E E T C O T T A G E S P L A N N E D R E S I D E N T I A L D E V E L O P M E N T A S P E C I F I C D E V E L O P M E N T P L A N I N T H E C I T Y O F W H E A T R I D G E MATERIALS LIST P R E P A R E D F O R : D E S I G N E D B Y : D R A W N B Y : C H E C K E D B Y : D R A W I N G S C A L E : S H E E T : O F 8 P R E P A R E D B Y : P R O J E C T N O . B 1 1 8 1 H O R I Z O N T A L : V E R T I C A L : 1 0 / 2 5 / 1 7 D A T E I S S U E I N I T I A L S U B M I T T A L S a n i t a s T h e G r o u p SPECIFIC DEVELOPMENT PLAN FOR: S Q U A R E R O O T C O T T A G E S , L L C 8 0 1 M A I N S T , S U I T E 2 2 5 L O U I S V I L L E , C O 8 0 0 2 7 3 0 3 . 4 8 1 . 2 7 1 0 P . O . B O X 1 2 3 7 D E N V E R , C O L O R A D O 8 0 2 1 2 3 0 3 . 2 5 0 . 5 9 1 1 C O N T A C T : A N D R E W G I B S O N P R O J E C T C O N T A C T : C U R T I S C . S T E V E N S , P . E . 2826 EATON STREET CITY OF WHEAT RIDGE, STATE OF COLORADO EATON STREET COTTAGES R E S U B M I T T A L 0 1 / 1 9 / 1 8 0 4 / 0 4 / 1 8 C I T Y C O M M E N T S B U I L D I N G E L E V A T I O N S " W I L L O W S " S D P - 6 6 N / A N / A T S G T S G C C S 1 1 8 1 S P - B L D G E L E 2 8 2 6 E A T O N S T R E E T A P A R T O F T H E S . E . Q U A R T E R O F S E C T I O N 2 5 , T 3 S , R . 6 9 . W , O F T H E 6 T H P . M . , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O E A T O N S T R E E T C O T T A G E S P L A N N E D R E S I D E N T I A L D E V E L O P M E N T A S P E C I F I C D E V E L O P M E N T P L A N I N T H E C I T Y O F W H E A T R I D G E P R E P A R E D F O R : D E S I G N E D B Y : D R A W N B Y : C H E C K E D B Y : D R A W I N G S C A L E : S H E E T : O F 8 P R E P A R E D B Y : P R O J E C T N O . B 1 1 8 1 H O R I Z O N T A L : V E R T I C A L : 1 0 / 2 5 / 1 7 D A T E I S S U E I N I T I A L S U B M I T T A L S a n i t a s T h e G r o u p SPECIFIC DEVELOPMENT PLAN FOR: S Q U A R E R O O T C O T T A G E S , L L C 8 0 1 M A I N S T , S U I T E 2 2 5 L O U I S V I L L E , C O 8 0 0 2 7 3 0 3 . 4 8 1 . 2 7 1 0 P . O . B O X 1 2 3 7 D E N V E R , C O L O R A D O 8 0 2 1 2 3 0 3 . 2 5 0 . 5 9 1 1 C O N T A C T : A N D R E W G I B S O N P R O J E C T C O N T A C T : C U R T I S C . S T E V E N S , P . E . 2826 EATON STREET CITY OF WHEAT RIDGE, STATE OF COLORADO EATON STREET COTTAGES R E S U B M I T T A L 0 1 / 1 9 / 1 8 0 4 / 0 4 / 1 8 C I T Y C O M M E N T S B U I L D I N G D I M E N S I O N S S D P - 7 7 N / A N / A T S G T S G C C S 1 1 8 1 S P - B L D G E L E E X T E R I O R C O L O R S C H E D U L E C O L O R S S H A L L B E S E L E C T E D F R O M B E N J A M I N M O O R E H I S T O R I C A L C O L L E C T I O N . T H E E X T E R I O R O F E A C H B U I L D I N G W I L L B E P A I N T E D W I T H A M I N I M U M O F T H R E E ( 3 ) C O M P L I M E N T A R Y C O L O R S F O R T H E B O D Y , T R I M , A N D F R O N T D O O R . E A C H B U I L D I N G W I L L B E P A I N T E D W I T H A D I F F E R E N T S C H E M E T O L E N D V A R I E T Y A N D V I B R A N C Y T O T H E S I T E . 2 8 2 6 E A T O N S T R E E T A P A R T O F T H E S . E . Q U A R T E R O F S E C T I O N 2 5 , T 3 S , R . 6 9 . W , O F T H E 6 T H P . M . , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O E A T O N S T R E E T C O T T A G E S P L A N N E D R E S I D E N T I A L D E V E L O P M E N T A S P E C I F I C D E V E L O P M E N T P L A N I N T H E C I T Y O F W H E A T R I D G E T Y P C I A L T R A S H E N C L O S U R E W O O D P O S T & B O A R D S C R E E N F E N C E F E N C I N G N O T E S : A L L F E N C E S S H A L L B E M A D E O F N A T U R A L W O O D P R O D U C T S A N D L E F T U N T R E A T E D T O N A T U R A L L Y W E A T H E R O V E R T I M E . P R I V A T E Y A R D F E N C E : 2 4 " M A X H E I G H T H O R I Z O N T A L R A I L S A T L E A S T 5 0 % O P E N O P E N F E N C E : 4 2 " M A X H E I G H T H O R I Z O N T A L R A I L S A T L E A S T 2 5 % O P E N 2 " x 6 " T O P C A P H A L F O R F U L L H E I G H T P R I V A C Y F E N C E : 7 2 " M A X H E I G H T H O R I Z O N T A L R A I L S A B U T T I N G E A C H O T H E R F O R P R I V A C Y 2 " x 6 " T O P C A P P R E P A R E D F O R : D E S I G N E D B Y : D R A W N B Y : C H E C K E D B Y : D R A W I N G S C A L E : S H E E T : O F 8 P R E P A R E D B Y : P R O J E C T N O . B 1 1 8 1 H O R I Z O N T A L : V E R T I C A L : 1 0 / 2 5 / 1 7 D A T E I S S U E I N I T I A L S U B M I T T A L S a n i t a s T h e G r o u p SPECIFIC DEVELOPMENT PLAN FOR: S Q U A R E R O O T C O T T A G E S , L L C 8 0 1 M A I N S T , S U I T E 2 2 5 L O U I S V I L L E , C O 8 0 0 2 7 3 0 3 . 4 8 1 . 2 7 1 0 P . O . B O X 1 2 3 7 D E N V E R , C O L O R A D O 8 0 2 1 2 3 0 3 . 2 5 0 . 5 9 1 1 C O N T A C T : A N D R E W G I B S O N P R O J E C T C O N T A C T : C U R T I S C . S T E V E N S , P . E . 2826 EATON STREET CITY OF WHEAT RIDGE, STATE OF COLORADO EATON STREET COTTAGES R E S U B M I T T A L 0 1 / 1 9 / 1 8 0 4 / 0 4 / 1 8 C I T Y C O M M E N T S T R A S H & C A R P O R T E X A M P L E S S D P - 8 8 N / A N / A T S G T S G C C S 1 1 8 1 S P - B L D G E L E PROPOSED C A R P O R T Planning Commission 15 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages Attached as an 11x17 document on the following page. EXHIBIT 5: SUBDIVISION PLAT Planning Commission 16 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages This page intentionally left blank. Planning Commission 17 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages EXHIBIT 6: SITE PHOTOS View of the subject property looking east along Eaton Street. In the foreground to the left is the main single-family home on the property. To the far right is the existing garage. The structure in-between and located in the background is the carriage house. View of the homes looking west-southwest from the subject property. This demonstrates the smaller-scale development of the early 1900s, the scale of which the developer is intending to match. Planning Commission 18 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages View of the subject property looking northeast from the southern property line. View of the subject property looking southeast from the northern property line. Planning Commission 19 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages Sec. 26-420. - Plat note concerning multi-family development. A. Contents. Only at the specific written request of the applicant, a final plat containing lots, blocks, or other land intended for the development of owner-occupied multi-family dwelling units or associated common areas, limited common elements, or improvements within a common interest community (the "multi-family development area") will include the following plat note, applicable to the property within such multi-family development area and the improvements thereon. THIS PLAT CONTAINS LOTS, BLOCKS, OR OTHER LAND INTENDED FOR THE DEVELOPMENT OF OWNER-OCCUPIED MULTI-FAMILY DWELLING UNITS OR ASSOCIATED COMMON AREAS, LIMITED COMMON ELEMENTS, OR IMPROVEMENTS (THE "MULTI-FAMILY DEVELOPMENT AREA"). TO THE EXTENT THAT THE FOLLOWING CLAIMS INVOLVE ANY MULTI-FAMILY DEVELOPMENT AREA (OR THE IMPROVEMENTS THEREON) WITHIN THE PROPERTY COVERED BY THIS PLAT, SUCH CLAIMS SHALL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW. ANY AND ALL CLAIMS THAT ALLEGE A CONSTRUCTION DEFECT AS DEFINED AT SECTION 26-1302 OF THE CODE OF LAWS AND: (1) ARE BETWEEN ANY TWO OR MORE OF THE FOLLOWING PERSONS OR ENTITIES: (A) ANY OWNER OF ANY PORTION OF THE MULTI-FAMILY DEVELOPMENT AREA, (B) ANY COMMON INTEREST COMMUNITY ASSOCIATION CREATED WITH RESPECT TO THE MULTI-FAMILY DEVELOPMENT AREA, (C) THE SUBDIVIDER, DEVELOPER, CONTRACTOR, OR ANYONE CLAIMING UNDER OR THROUGH ANY SUCH PERSONS, (D) ANY PARTY THAT CONSTRUCTS OR DESIGNS ANY PORTION OF ANY RESIDENTIAL DWELLING UNITS UPON THE MULTI-FAMILY DEVELOPMENT AREA, AND (E) ANY CONSTRUCTION PROFESSIONAL AS DEFINED IN THE CONSTRUCTION DEFECT ACTION REFORM ACT, C.R.S. § 13-80-802.5, ET SEQ., AS AMENDED ("CDARA"); AND (2) THAT PERTAINS TO ANY OF: (A) THE MULTI- FAMILY DEVELOPMENT AREA, (B) ANY DWELLING UNIT, COMMON AREA DEVELOPMENT STRUCTURE, LIMITED COMMON ELEMENTS, OR OTHER IMPROVEMENTS CONSTRUCTED ON THE MULTI-FAMILY DEVELOPMENT AREA, (C) THE COMMON INTEREST COMMUNITY TO BE CREATED FOR THE MULTI-FAMILY DEVELOPMENT AREA OR ANY PORTION THEREOF, OR (D) THE DECLARATION OR OTHER DOCUMENTS GOVERNING SUCH COMMUNITY. THE FOREGOING SHALL NOT PRECLUDE ANY OF THE PERSONS OR ENTITIES DESCRIBED ABOVE FROM ENDEAVORING TO RESOLVE ANY SUCH CLAIM(S) THROUGH EITHER NEGOTIATION OR MEDIATION BEFORE SUBMITTING SUCH CLAIM(S) TO BINDING ARBITRATION. ADDITIONALLY, THE MULTI-FAMILY DEVELOPMENT AREA MAY ALSO BE SUBJECT TO A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THAT MAY IMPLEMENT AND EXPAND UPON THE REQUIREMENTS OF THIS PLAT NOTE AND THAT MAY EXEMPT CERTAIN CLAIMS FROM THE REQUIREMENT THAT SUCH CLAIMS MUST BE SUBMITTED TO BINDING ARBITRATION, PROVIDED, HOWEVER, THAT ANY EXHIBIT 6: SECTION 26-420 Planning Commission 20 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages SUBSEQUENT AMENDMENT OR CHANGE TO SUCH DECLARATION OF COVENANTS, CONDITIONS OR RESTRICTION SHALL NOT ELIMINATE THIS REQUIREMENT THAT CONSTRUCTION DEFECT CLAIMS SHALL BE SUBMITTED TO BIDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW. FOR PURPOSES OF THIS PLAT NOTE, BINDING ARBITRATION SHALL MEAN SUBMISSION OF ANY CLAIM DESCRIBED ABOVE TO THE ARBITRATION SERVICE PROVIDER SPECIFIED IN THE DECLARATION OR OTHER GOVERNING DOCUMENTS OF THE COMMON INTEREST COMMUNITY, IF QUALIFIED PURSUANT TO THE UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13, C.R.S., AND, IF NOT, AN ARBITRATION SERVICE PROVIDER SO QUALIFIED IN SUCH ARBITRATION; THE COSTS AND EXPENSES OF ARBITRATION TO BE BORNE EQUALLY BY THE PARTIES. ALL FUTURE PURCHASERS OF ANY INTEREST IN THE MULTI-FAMILY DEVELOPMENT AREA ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE TERMS AND CONDITIONS OF THIS PLAT NOTE AND SHALL BE BOUND BY THE PLAT NOTE, WHICH IS RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, DEEMED TO BE A COVENANT RUNNING WITH THE MULTI-FAMILY DEVELOPMENT AREA, AND BINDING UPON ALL SUCCESSORS IN INTEREST, GRANTEES, OWNERS, HEIRS, ASSIGNS, AND ALL OTHERS WHO ACQUIRE AN INTEREST IN OR TO THE MULTI-FAMILY DEVELOPMENT AREA, TOGETHER WITH ANY COMMON INTEREST COMMUNITY ASSOCIATION ASSOCIATED THEREWITH. B. Disclosure. If a plat, pursuant to subparagraph a above, contains the plat note described herein, then the developer, builder, or other person or entity engaged in the initial sale of a lot or dwelling unit within the multi-family development area of such plat to the intended resident or end user shall be required to include in such contract for purchase and sale a disclosure statement in bold-faced type that is clearly legible and in substantially the following form: THE RECORDED PLAT OF THE PROPERTY WITHIN WHICH THIS LOT OR UNIT IS SITUATED CONTAINS A RESTRICTION REQUIRING MANDATORY, BINDING ARBITRATION FOR CERTAIN TYPES OF CLAIMS, IN LIEU OF SEEKING REDRESS IN A COURT OF LAW. PURCHASERS SHOULD CAREFULLY READ THE PLAT AND NOTE CONCERNING ARBITRATION, AS THEY ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE TERMS AND CONDITIONS OF SUCH PLAT NOTE. C. Applicability. A request for plat note, as provided for in this section, shall be permitted only as to a final plat concerning land for which an application is filed after August 24, 2015. (Ord. No. 1580 , § 2, 8-24-15) Planning Commission 21 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages See attached document. EXHIBIT 7: APPLICANT LETTER Planning Commission 22 Case Nos. WZ-17-07 and WS-17-04 / Eaton Street Cottages This page intentionally left blank. Civil Engineering Solutions The Sanitas Group, LLC 801 Main Street, Suite 225 I Louisville, CO 80027 www.thesanitasgroup.com 303.981.9238 25 October 2017 Ms. Meredith Reckert, AICP City of Wheat Ridge Planning and Development Services 7500 W. 29th Avenue Wheat Ridge, CO 80033 Re: Written Request Letter 2826 Eaton Street Wheat Ridge, Colorado File: B1181 Dear Ms. Reckert: On behalf of Squareroot, Inc, the project owner and developer, we are providing this written request for review of the Eaton Street Cottages Planned Residential Development. This request includes both a Specific Development Plan (SDP) and Major Subdivision application. A detailed project narrative prepared by Ross Chapin Architects (project Architect), included with this Written Request Letter, project a detailed discussion of the proposed improvements. The Eaton Street Cottages project is a residential project and includes the removal of three existing buildings on the site and constructing two duplex and five single family structures with a total of nine housing units. On-site parking will provide ten covered parking spaces and five additional spaces. Five on-street parking spaces will be constructed on the east side of Eaton Street adjacent to the property. The total on-site development area for the project is 0.72-acres. Review Criteria: Specific Development Plan (SDP) A Specific Development Plan (SDP) establishes the site layout, architectural standards, and building elevations for one or more phases of a planned development. Per Section 26-305.D of the Wheat Ridge Municipal Code, the Community Development Director, Planning Commission or City Council shall base their decision to approve, approve with conditions, or deny an SDP application in consideration of the following criteria: 1. The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of this article; and The proposed nine unit residential development consisting of 4 duplex and 5 single family structures is consistent with the purpose of a Planned Residential Development. 2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan; and The proposed SDP is consistent with the design intent or purpose of the approved ODP. No significant changes from the ODP are proposed with the SDP. Ms. Meredith, AICP City of Wheat Ridge Planning and Development Services Error! Reference source not found.er 2826 Eaton Street 25 October 2017 Page 2 of 2 The Sanitas Group, LLC 801 Main Street, Suite 225 I Louisville, CO 80027 www.thesanitasgroup.com 303.981.9238 3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan; and The proposed uses indicated in the SDP are consistent with the uses approved by the ODP. 4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan; and The site is appropriately designed and is consistent with the development guidelines established in the ODP. 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; and The project site is served by the Wheat Ridge Water District and the Wheat Ridge Sanitation District. Xcel Energy gas and electric serve the project site with gas located in Eaton Street and overhead electric located along the east side of the site. 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 proposed SDP is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual and the Streetscape Design Manual. If you have any questions or comments, please feel free to contact me at 720.346.1656 or email me at cstevens@thesanitasgroup.com. Sincerely, THE SANITAS GROUP, LLC Curtis C. Stevens, P.E. Principal/Civil Engineer Enclosures: Project Narrative prepared by Ross Chapin Architects Eaton Street Cottages Narrative page 1 of 4 ROSS CHAPIN ARCHITECTS Post Office Box 230 • 195 Second Street • Langley, Washington 98260 T: (360) 221 2373 • E: ross@rosschapin.com • W: www.rosschapin.com • www.pocket-neighborhoods.net Eaton Street Cottages 2826 Eaton Street • Wheat Ridge, Colorado May 10, 2016 OVERVIEW Eaton Street Cottages is a development of 9 homes on ¾ of an acre, gathered around a shared community green space with parking clustered to the side. Each cottage has its own private yard, surrounded by a low fence and garden gate. Fostering neighborly connections is a keynote in the design of this development. While small by today’s standards (800 to 1325 square feet), the homes will be designed to live large and be well crafted and detailed beyond typical market homes. TABULATIONS Dwellings: 9 approximately 800 SF to 1325 SF Parking spaces: 9 covered – on site (assigned) 5 uncovered – on site (unassigned) 5 on street 19 total parking 1.55 spaces per unit on site 2.1 spaces per unit total Site Area: 31,255± SF Building Coverage: 12,360 SF 39.6% of Site Area Impervious Surface: 18,414 SF 59.1% of Site Area Common Open Space: 5019 SF 16.0% of Site Area 558 SF per dwelling DESIGN FOR COMMUNITY The most significant aspect of the Eaton Street Cottages site plan is that it’s designed with the neighborhood in mind. While most subdivisions have flanks of garage doors facing the street and homes oriented to private back yards, this is a pocket neighborhood of small houses with large porches open to a common courtyard. There are no garage doors facing the street. There is only one driveway to a clustered parking area and the 1 and 1½-story cottage homes along the street offer a friendly face to surrounding neighbors and passersby. Parking is deliberately placed so that residents walk from their car doors to their front doors through the shared commons, offering a chance to enjoy the garden and chat with a neighbor. These informal meetings encourage casual connections to become friendly neighbors and perhaps even long-term friendships. And when neighbors know one another, they tend to look after each other. They care. In this day and age, this is a valuable security. Eaton Street Cottages Narrative page 2 of 4 Balancing Community and Privacy Community can be wonderful, but too much community can be suffocating. On the other hand, with too much privacy, a person can feel cut off from neighbors. Creating multiple ‘layers of personal space’ will help achieve the right balance between privacy and community. In the design of Eaton Street Cottages, there is a narrowed passage between the public street and the semi-public commons, creating a sense of entry and territorial ownership. Between the commons and the front door, there are five additional layers: a border of shrubs and flowers at the edge of the sidewalk / a low fence / the private yard / a covered porch with a low railing and flowerboxes / and then the front door. With this layering, residents can feel comfortable being on the porch – enough enclosure to be private, with enough openness to acknowledge passersby. Layers of personal space continue on the interior of the homes. Active living spaces are oriented toward the shared commons and the more private, personal spaces, are at the back of the house or upstairs. Most of the cottages also have a secluded garden out the back door to retreat to. The house plans have three ‘open’ sides and one ‘closed’ side so that they ‘nest’ together, ensuring privacy between dwellings. The open sides have windows facing the commons and private yards, while the closed side has high windows and skylights. Through the use of a landscape easement, the side yard of each cottage extends to the face of the neighboring building, offering more usable garden space. PARKING, STREET DESIGN, BICYCLES AND STORAGE Given the relatively small size of the homes (806 and 1325 SF) and proximity to public transit and local amenities like restaurants, retail and parks, it is anticipated than many residents will have one car. At Eaton Street Cottages, each resident will have one designated covered parking space, and the community has an additional five un- designated open parking spaces for shared use. In addition, there are five on-street parking spaces for public use. On street parking spaces are in parking pockets. This is achieved by replacing existing road pavement outside of the drive lanes with landscaped planting beds. This street design calms traffic by narrowing the visual width of the street, clarifies where parking is/ is not allowed, preserves standard drive lane widths, reduces heat island effect and softens the appearance of the project from the street. In addition to covered parking for cars, there is covered storage space for resident’s bicycles. Adjacent to the covered parking is an accessory building for multiple uses: recycling and refuse, community toolshed and storage, and individual resident storage units. SIMPLE MATERIALS, RICH DETAIL In this packet are two cottage home plans: Erin (1½-story detached) and Willows (single story duplex). Each has gabled roofs and room-sized porches. While the materials are Eaton Street Cottages Narrative page 3 of 4 common — vinyl windows, painted fiber-cement siding, exposed rafter tails — there is careful attention to detail, proportion, and scale. A PATTERN LANGUAGE FOR EATON STREET COTTAGES The following is a list of guiding patterns and relationships that underlie the design of this community and its cottages. POCKET NEIGHBORHOOD This is the basic building block for strong and vibrant communities. Pocket neighborhoods are clustered groups of homes gathered around a shared open space such as a garden courtyard or pedestrian street. Pocket Neighborhoods are sized around the scale of sociability — 4 to 12 nearby neighbors who relate on a daily basis. COMMONS AT THE HEART The shared open space is a key element of a pocket neighborhood. It is an intermediate zone between private dwellings (home, yard) and public space (street, park). Residents surrounding this space share in its care and oversight, thereby enhancing a felt and actual sense of security and identity. Because of its location and design, this space fosters casual interaction among neighbors, which, in time, can grow into caring friendships and a meaningful sense of community. LAYERS OF PERSONAL SPACE Just outside the front door of a home is a zone of space that is both private and public. Left undefined, a person is apt to feel exposed. Too enclosed, a person will feel cut off from neighbors. Finding the right balance is the key to cultivating community. A pocket neighborhood may have several layers of personal space that are clearly defined transitions from private to public: closest in may be a covered front porch with a low railing and a band of flowerboxes, then a small private yard with a low fence, a border of shrubs and flowers at the edge of the commons walk. ACTIVE ROOMS FORWARD, PRIVATE ROOMS BACK AND ABOVE Layers of Personal Space continue on the interior of the homes, too: the more active living spaces are toward the shared commons; the more private, personal spaces are toward the back of the house and upstairs. NESTED HOUSES Having a neighboring house peering into one’s private living space can be uncomfortable and claustrophobic. Therefore, design houses with three ‘open’ sides and one ‘closed’ side so that neighboring houses ‘nest’ together with no window looking into a neighbor’s living space. High windows and skylights on the closed side can bring in ample light. Variations on this can work for attached dwellings. FULL-USE SIDE YARDS Achieve this with “landscape easements” allowing use to face of neighboring building. SECLUDED OUDOOR SPACE Sometimes, having a secluded garden is just what is needed to recharge a busy life. Locate this space at the rear of the dwelling, or on a roof terrace for the most privacy. PLACE FOR PLANTING Most people find satisfaction being able to work with the soil and grow plants; so include some private ground space for each dwelling: a small yard, a planting bed, or even flowerboxes. Locate at least some of the private garden in view of the shared common area — it will be a personal touch that contributes to the character of the commons, as well as a way of fostering connections with neighbors. FRONT PORCH A living-sized front porch is perhaps the key element in fostering neighborly connections. While it gives charm to a house, it should not be a “faux” porch appliquéd just for looks. A good porch functions as an outdoor living room, whether for reading a book, gathering for a midsummer supper, or lingering in conversation with several friends. Locate it within sight and sound of the pedestrian public space. EYES ON PUBLIC SPACE The first line of defense for personal security is a strong network of Eaton Street Cottages Narrative page 4 of 4 neighbors who know and care for one another; but they need to see who is coming and going to be effective. Therefore, locate active interior spaces with a view to the courtyard, lane or street. This can also be helpful to keep an eye out for young children in the commons, and to be watchful for personal emergencies. ENUF STORAGE Make sure households have enough storage space. Small is beautiful, but it can get cluttered if there’s not room for the residual stuff of life: suitcases, holiday ornaments, old photo albums, turkey pans, snow tires, bicycles, camping gear, hand tools, and what not. Storage places inside the house can be closets, cubbies, cabinets, shelves and attics; Outside storage may be served in a dedicated building. CORRAL THE CAR Cars are essential for many people, but that doesn’t mean they need to dominate the pedestrian space. Start first by locating parking to be a good neighbor; don’t have garage doors greeting guests! Instead of streets with wide driveways and garage doors, create access lanes for parking and services at the rear of the house. REMOTE PARKING When residents walk from the car door to the front door through the shared commons, they have more opportunities to say “hello” to a neighbor along the way, or just enjoy the garden. Remote parking can also allow more flexible use of a site and decrease the amount of hard surface. UNASSIGNED PARKING Every residence should have one assigned parking space, but more than that can be un-assigned. This way, multiple residents may use it at different times, effectively increasing the parking efficiency. MAILBOX CLUSTER When mailboxes are clustered near the main entrance to the shared open space or commons house, ‘chance’ meetings among neighbors are increased. COMMUNITY BICYCLE SHELTER Bikes should not be on porches, which is where they end up without an alternative. Build a shared bicycle shelter near the entrance for ease of use. GARDEN SHED There is no need for every home to have a lawn mower, weed-whacker and tiller. Build a garden shed for shared tools, as well as extra garden tables, chairs and games. CONNECTION & CONTRIBUTION This should be the FIRST pattern to consider. When designing any project, take note of the larger context you’re building in (the block, neighboring buildings, etc. Ask: What works well? What doesn’t? Are there missing ‘teeth’ in the rhythm of buildings or trees along the street? Then ask, how can this project connect and contribute to making the larger context stronger /richer /more whole? In other words, be a good neighbor. Planning Commission Minutes - 3 –June 7, 2018 Motion carried 6-0. B.Two applications filed by Squareroot, Inc., Case No. WZ-17-07 a request forapproval of a Specific Development Plan (SDP) for 9 cottage style duplexes andsingle family homes and Case No. WS-17-04 a request for approval of a 9-lot subdivision for property located at 2826 Eaton Street. Mr. Wallace Mendez gave a short presentation regarding the SDP, subdivision andthe application. He entered into the record the contents of the case file, packetmaterials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner OHM asked if there is a photometric plan for this development tomake sure that there is no light spillage. Mr. Wallace Mendez explained that a photometric plan is not required for single-family homes or duplexes. Commissioner OHM asked if there will be any new street lighting. Mr. Jefferies stated there will be no new street lighting installed Commissioner OHM feels that the landscape plan is incomplete and hard to read. Andrew Gibson, Squareroot, Inc. 4250 Urban Street, Denver Mr. Gibson explained he was not aware that a photometric plan was required. Headded there will be some lighting around the parking structure and there will be individual porch lights on the single family homes and duplexes. Curtis Sterns Mr. Sterns added there will be not be any pole lights so a photometric plan was not required. He also addressed the landscape plan and explained that they only added the quantity and size of plants that will be in the public areas and right-of-way. Itwill be up to each home owner as to what kind of tree/plant they want on theirproperty. Commissioner VOS said she was disappointed to see the current home that is on the site will be demolished and asked if the new homes and duplexes will be forsale or rent. Mr. Gibson said they will be for sale at market value. ATTACHMENT 3 Planning Commission Minutes - 4 – June 7, 2018 Mr. Larson asked if there will be an HOA covenant. Mr. Gibson concurred. Steven Pflug, resident 204 Eaton Street Mr. Pflug mentioned his only concern is parking; he feels that 1.5 per unit is inadequate. He also said there are concerns about the parking bump outs along Eaton Street and asked if the tree closest to the street will be lost. He finished by saying he is excited about the project. Mr. Stern said the bump out on Eaton Street will go around the large tree and it will be saved. Noble Harrison, resident 2855 Eaton Street Mr. Harrison also said he had concerns about parking and traffic in the neighborhood. Mary McNamee, resident 2855 Eaton Ms. McNamee has concerns about construction traffic and feels there needs to be parking mitigation with the City. Janet Ryan, resident 2825 Depew Street Ms. Ryan asked if the power will continue to be overhead or if it will be buried. Staff responded to the resident’s concerns: • Parking on and off street. The Commissioners also inquired what the typical parking ratio is for single-family homes. Mr. Wallace Mendez explained that the Code of Laws requires, for single-family and duplex development, four off-street spaces if there is no on-street parking available, and 2 off-street spaces if on-street parking is available. He added that Council approved the 1.5 parking spaces per unit when the Outline Development Plan was approved, and as such this overrides the Code of Laws. Mr. Wallace Mendez noted that 14 off-street spaces are required for this development and 15 are being provided. Additionally, the developers will be formalizing 5 on-street parking spaces along the Eaton Street frontage. Planning Commission Minutes - 5 – June 7, 2018 • Regarding the bulb outs on the street, will the bulbs outs go into the street. Mr. Wallace Mendez explained Eaton Street will not be narrowed with the bump outs, the additional portion for on street parking will be put in towards the property in an area which currently looks like front yard, but actually is located within the City’s right-of-way. • Construction traffic Mr. Jefferies said he will have a discussion with the Public Works department to make sure it flows smoothly. • Electricity overhead or buried Mr. Gibson explained the service for the Depew Street homes will stay in place overhead and the new service for Eaton Street Cottages will be buried and electrical pedestals will be put in place. Mr. Gibson also addressed some of the earlier concerns. Regarding construction traffic, Mr. Gibson said that because this development is small, construction vehicles to this site will be minimal. He also explained that because this is a pocket neighborhood, parking is a common concern and these homes and duplexes are small so there may not be as many cars owned by the home owners. Also, this development is close to a lot of amenities which are in walking or bike riding distance. Commissioner LARSON asked how long this site will take to develop Mr. Gibson said they are estimating one year. Commissioner Leo asked if any cars will be parked adjacent to the homes or duplexes and where will guest parking be located. Mr. Gibson said there will be no cars parked adjacent to the homes as all parking occurs in the shared parking lot. Guests will park on the street. Commissioner VOS asked if the existing homes on Eaton Street have garages to park in and how many spaces are being provided to park in where the bulb outs will be located. Mr. Gibson said the current residents on Eaton Street, park both on the street and on their properties and the two bulb outs will provide a total of 5 spaces on Eaton Street. Planning Commission Minutes - 6 – June 7, 2018 Commissioner OHM said he would like to approve the motion without items 3 and 4, as he felt items required by the City’s SDP checklist were not provided with this application, and he would add a condition. Mr. Johnstone explained the checklists Commissioner OHM was referring to were created by Staff for the convenience of applicants, and they are not codified. He agrees more clarity can be provided with the landscape plan, if Commissioner OHM would like to make that a condition of approval. He also confirmed that photometric plans are not required for single family homes and duplexes. It was moved by Commissioner OHM and seconded by Commissioner DORSEY to APPROVE Case No. WZ-17-07, a request for approval of a Specific Development Plan for property zoned Planned Residential Development (PRD) located at 2826 Eaton Street for the following reasons: 1. The proposal is consistent with the City’s guiding documents including the Neighborhood Revitalization Strategy and Envision Wheat Ridge. 2. The proposed SDP is consistent with the approved ODP document. 3. All requirements for an SDP have been met. 4. The criteria used to evaluate an SDP have been met. With the following condition: 1. That the SDP landscape plan be in compliance with the City’s SDP submittal checklist and that the landscape plan legibly show the proposed and existing plants. Motion passed 5-1 with Commissioner LEO voting against. It was moved by Commissioner VOS and seconded by Commissioner OHM to recommend APPROVAL of Case No. WS-17-04, a request for approval of a 9-lot subdivision for property zoned Planned Residential Development (PRD) located at 2826 Eaton Street for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer’s expense. 2. The plat will result in a logical layout consistent with the future development proposed by the specific development plan. 3. The requirements of Article IV of the zoning and development Code have been met. With the following conditions: 1. A plat note be added with the language contained in Section 26-420 (Plat note concerning multi-family development) Planning Commission Minutes - 7 – June 7, 2018 2. No building permit shall be issued until a demolition permit is issued for the existing home, carriage house, and garage. 3. The developer shall enter into a subdivision improvement agreement whereby all required infrastructure improvements are in place prior to issuance of building permits for individual lots. 4. The Homeowners’ Association covenants be reviewed and approved by Staff prior to issuance of building permits. Motion carried 5-1 with Commissioner LEO voting against. C. Case No. WZ-18-09: An application filed by Nathan Laudick for approval of a zone change from Residential-One (R-1) to Planned Residential Development and for an Outline Development Plan for property located at 9800 W. 38th Avenue. Ms. Reckert gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner OHM mentioned there were a couple of minor spelling errors on the sketch plan, sheet 2, along Johnson Street that he would like to see corrected. He also asked about the width of the existing sidewalk along 38th Avenue. Ms. Reckert said it is 5 feet and does not meet current standards. The developer will either build the improvements for a 6-foot sidewalk and 6-foot tree lawn or pay fees in lieu of construction of the street improvements. Commissioner OHM asked if there is any proposed permit parking along Johnson Street. Ms. Reckert said Johnson is a public street so there will be no permit parking along the property’s frontage. Commissioner LARSON asked about the elevation of the units on the east side of the property and if there will be a drainage structure built. Mr. Jefferies replied that Public Works has reviewed a preliminary plan but is certain there will be some retaining walls required to deal with the grading issues. Commissioner LARSON also asked if there might be a traffic light installed around the Johnson Street and 38th Avenue intersection. Mr. Jefferies explained there will be a dedicated left turn on to 38th Avenue, but there is not enough traffic generated to meet the warrants for a traffic signal. ITEM NO: DATE: June 25, 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 (06/11/2018) 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. The Planning Commission conducted a public hearing on June 7 and they forward a recommendation of approval with a 4-2 vote. PRIOR ACTION: As noted, City Council has discussed this topic at the May 7 and May 21, 2018 study sessions. City Council introduced the ordinance on first reading on June 11 and Planning Commission conducted their public hearing on June 7. Council Action Form – Electrified Fence Code Ordinance June 25, 2018 Page 2 FINANCIAL IMPACT: None. 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 second reading and that it take effect immediately upon adoption, as permitted by Section 5.11 of the Charter.” Council Action Form – Electrified Fence Code Ordinance June 25, 2018 Page 3 Or, “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 2. Planning Commission meeting minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MATHEWS COUNCIL BILL NO. 16 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 ATTACHMENT 1 ARTICLE 2 OF THIS CHAPTER, AND IN ADDITION THERETO, THE PLANNED 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 5 to 1 on this 11th day of June, 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 June 25, 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: June 14, 2018 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us Planning Commission Minutes - 12 –June 7, 2018 Motion Carried 6-0. D.Case No. ZOA-18-02: An Ordinance amending Chapter 26 of the Wheat RidgeCode of Laws to include an additional criterion for review of applications forspecial use permits. Mr. Johnstone gave a brief summary and background regarding the ordinance amendment. Commissioner OHM wanted to know if within this 9th criteria the developer hasany control. Mr. Johnstone explained that City Council has softened the language and will use astandard of reasonableness. Commissioner OHM also asked if a special use permit would be granted in perpetuity. Mr. Johnstone said yes but a special use permit could also be granted specific to anapplicant or limited in time. It was moved by Commissioner DORSEY and seconded by CommissionerLARSON to recommend approval of the proposed ordinance amendingChapter 26 to include an additional criterion for review of applications forspecial use permits. Motion carried 6-0. E.Case No. ZOA-18-03: An Ordinance amending Chapter 26 of the Wheat RidgeCode of Laws concerning electrically charged fences. Mr. Johnstone gave a short presentation regarding the ordinance amendment. Commissioner OHM asked if the Board of Adjustment recommended a 3 footseparation from a 6 foot perimeter fence for safety concerns, why has this beenomitted from the ordinance. Mr. Johnstone said that due to the reality of the parties involved they say it is notacceptable to them. He explained the other issue is real estate that is not used andthird the trash that collects between the two fences. Commissioner OHM also wanted to know if signage, warning people that the fenceis electrified could be added to the ordinance. Mr. Johnstone said it can be a condition of approval. ATTACHMENT 2 Planning Commission Minutes - 13 – June 7, 2018 Commissioner OHM asked if there should be any references to the International Standard IEC in the code. Mr. Johnstone said he did not think there needed to be because the City has adopted the International Electric Codes as part of our electric codes. Commissioner OHM asked if a 9-foot high electric fence is a standard in the industry. Mr. Johnstone said he does not think it is a custom design, but if 9 feet is codified in the ordinance and if a higher fence is desired than a variance could be asked for. Commissioner OHM thinks there should be a distinction between electric fences and cattle electric fences. Mr. Johnstone said the language to distinguish between the two could be used. Commissioner LARSON asked if Electric Guard Dog, in the original application, opposed the 3-foot setback, only turned on after normal business hours and not electrified on the Pennington School side. Mr. Johnstone said yes but they appealed the 3-foot separation requirement to the Board of Adjustment. Commissioner VOS asked what the need for an electrified fence is if there is already a 6-foot fence in place. She also asked if they have tried security on site. Mr. Johnstone explained the 6-foot fence is still easy to climb over and doesn’t stop the criminal activity. He added the fence has also been cut and on-site security has not helped because the site is large. Commissioner VOS asked if Pennington School is OK with the electrified fence on their side of the property. Mr. Johnstone said they have concerns but do not think they will object. Commissioner OHM asked if there could be language regarding the voltage, duration, repetition and distance between perimeter fences as determined by the manufacturer. Mr. Johnstone said Electric Guard Dog will have to have regular maintenance program to keep the area clear so the system is not tripped. Commissioner VOS asked what the material is between the fences. Planning Commission Minutes - 14 – June 7, 2018 Mr. Johnstone said it will be a non-permeable material so there will be no weed growth. Commissioner BUCKNAM asked about addressing the Agricultural use with regards to electrical fences. Mr. Johnstone said it could be challenging because it is a different set of circumstances because a cattle fence might not need a perimeter fence around it. Commissioner VOS asked if the Agricultural community has asked about an electrical fence. Mr. Johnstone said not that he is aware of. It was moved by Commissioner LEO and seconded by Commissioner LARSON to recommend approval of the proposed ordinance amending Chapter 26 concerning electrified fences. Motion carried 4-2 with Commissioners BUCKNAM and DORSEY voting against. 8. OLD BUSINESS 9. NEW BUSINESS A. City Council’s Strategic Priorities for 2018/2019 B. Upcoming Ordinance on Freestanding ERs C. Upcoming Update to Neighborhood Revitalization Strategy (NRS) D. Citizens Survey Results Mr. Johnstone gave a brief update on the four New Business items because the Planning Commissioners will be involved in all four of the different processes. 10. ADJOURNMENT It was moved by Commissioner OHM and seconded by Commissioner DORSEY to adjourn the meeting at 10:34 p.m. Motion carried 6-0. __________________________ _______________________________ Alan Bucknam, Chair Tammy Odean, Recording Secretary ITEM NO: DATE: June 25, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 35-2018 – A RESOLUTION APPROVING A THIRTEEN LOT SUBDIVISION PLAT FOR PROPERTY ZONED PLANNED MIXED USE DEVELOPMENT (PMUD) AND PLANNED COMMERCIAL DEVELOPMENT (PCD) LOCATED WEST OF INTERSTATE 70, SOUTH OF HIGHWAY 58, AND NORTH OF APPROXIMATELY 33RD AVENUE (CASE NO. WS-17-07/CLEAR CREEK CROSSING) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a 13-lot subdivision for the Clear Creek Crossing property. The property includes approximately 210 acres of land. Approximately two-thirds of this land area is subject to the Clear Creek Crossing Planned Mixed Use Development Outline Development Plan, which was approved by City Council in March 2018. The plat will facilitate the construction of that development plan. This subdivision application modifies a plat that was approved in 2011 for a previous development scenario that was never built. PRIOR ACTION: This subdivision request was heard by the Planning Commission at a public hearing held on June 7, 2018. The Planning Commission voted 6-0 to recommend approval of this subdivision with two conditions: 1. The developer shall enter into a subdivision improvement agreement whereby all required infrastructure improvements are in place prior to issuance of building permits for individual lots. Council Action Form – Clear Creek Crossing Subdivision June 25, 2018 Page 2 2. All minor corrections occur prior to the City Council public hearing. The majority of the subject property was annexed into the City in 2006, and a Planned Commercial Development zoning was approved in anticipation of a large Cabela’s store being constructed on the site. In 2011, a smaller piece of property was annexed by the City, and City Council approved a Planned Commercial Development which anticipated a Cabela’s store, Walmart, and approximately one million square feet of retail space. None of this retail space was ever constructed. Concurrently, the City worked with the Colorado Department of Transportation and Federal Highway Administration on an Environment Assessment (EA) to determine the improvements necessary to the surrounding local street network and adjacent Interstate-70. The first EA was completed in 2006, and called for a significant amount of infrastructure, notably new highway interchanges along both Interstate 70 and Highway 58. The cost of these improvements hindered development on the site, and the City initiated an update to this document in 2014 to propose a phased approach to development of the site and infrastructure. The phased approach, generally speaking, would allow a portion of the site to develop, without triggering improvements to both highways. In 2016, Wheat Ridge voters approved ballot measure 2E, which increased sales taxes ½ cent to fund four specific projects in the City, including the construction of a new highway interchange from Interstate 70 into the Clear Creek Crossing site, as required by the phased EA. In March 2018, City Council approved a zone change for a portion of the property included in the subdivision boundary to Planned Mixed Use Development (PMUD) to facilitate a mix of retail, residential, and employment uses on the site. FINANCIAL IMPACT: Fees in the amount of $43,419.40 were collected for the processing of Case No. WS-17-07. The future development of the site is made possible by a combination of the zone change that was approved in March 2018 and this subdivision plat. This development will support the City’s economic development goals. BACKGROUND: Existing Conditions The property is undeveloped, with the exception of a portion of the local road network having been built (40th Avenue underpass and short extension). Additionally, Clear Creek traverses the northern end of the site, and a Coors water storage pond is located in the southwest corner of the site, adjacent to Applewood Golf Course. Approximately 60% of the land area included in this subdivision is zoned Planned Mixed Use Development, and owned by Evergreen Devco and its partners. The remaining 40% is zoned Planned Commercial Development (part of the original Coors/Cabela’s Outline Development Plan) and is owned by Coors Brewing Company. This proposed subdivision is a re-subdivision of the plat that was approved in 2011. Council Action Form – Clear Creek Crossing Subdivision June 25, 2018 Page 3 Surrounding Land Uses Properties to the west are located in unincorporated Jefferson County, and are generally water storage facilities for Coors and the Applewood Golf Course. Highway 58 is located to the north, along with some industrially zoned properties. Properties directly to the south are generally highway oriented commercial uses, including a gas station, hotel and restaurants, all part of the 70 West Business Center Planned Commercial Development. Properties adjacent to the southwest include larger lot single-family homes located in unincorporated Jefferson County. Across I-70 to the east is the Applewood Village shopping center with various retail/restaurant uses. Plat Configuration The site is over 210 acres divided into 13 parcels that are oriented towards the dedicated right-of- way for Clear Creek Drive (formerly Cabela Drive – vacated by this plat), and the dedicated right- of-way for 40th Avenue. The lots range from 3.1 acres to 28.6 acres in size. Right-of-way is being platted in several locations. First, 40th Avenue right-of-way will continue west from its current termini near the I-70 underpass until it reaches an intersection with Clear Creek Drive. Second, Clear Creek Drive, which follows the former Cabela Drive alignment, right-of-way extends north from the southern end of the property (which will connect to 32nd Avenue) to Highway 58, though only the dedicated portion south of Clear Creek will be constructed at this time since no development is proposed north of the creek. Finally, the right-of-way for the hook ramps from I-70 into the site and connecting to Clear Creek Drive will be dedicated in the same location as on the previous plat, near the southern end of the property. RECOMMENDED MOTION: “I move to approve Resolution No. 35-2018, a resolution approving a thirteen lot subdivision plat for property zoned Planned Mixed Use Development and Planned Commercial Development on property commonly known as Clear Creek Crossing (Case No. WS-17-07), for the following reasons: 1. City Council has conducted a proper public hearing, 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 of approval. 3. All requirements of the subdivision regulations have been met. 4. The proposed plat will facilitate the redevelopment of the site. 5. Utility districts can serve the property with improvements installed at the developer’s expense. With the following conditions: 1. The developer shall enter into a subdivision improvement agreement with the City prior to recordation of the subdivision plat.” Or, “I move to table indefinitely Resolution 35-2018, a resolution approving a thirteen lot subdivision plat for property zoned Planned Mixed Use Development and Planned Commercial Development Council Action Form – Clear Creek Crossing Subdivision June 25, 2018 Page 4 on property commonly known as Clear Creek Crossing (Case No. WS-17-07), for the following reasons: 1. 2. .” REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 35-2018 2. Planning Commission Staff Report 3. Planning Commission Draft Minutes CITY OF WHEAT RIDGE, COLORADO Resolution No. 35 Series 2018 TITLE: A RESOLUTION APPROVING A THIRTEEN LOT SUBDIVISION PLAT FOR PROPERTY ZONED PLANNED MIXED USE DEVELOPMENT (PMUD) AND PLANNED COMMERCIAL DEVELOPMENT (PCD) LOCATED WEST OF INTERSTATE 70, SOUTH OF HIGHWAY 58, AND NORTH OF APPROXIMATELY 33RD AVENUE (CASE NO. WS-17-07/CLEAR CREEK CROSSING) 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 thirteen lot subdivision plat was received from Evergreen Devco. to subdivide the Clear Creek Crossing property in the Planned Mixed Use Development (PMUD) and Planned Commercial Development (PCD) 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 25, 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 THIRTEEN LOT SUBDIVISION PLAT FOR PROPERTY ZONED PLANNED MIXED USE DEVELOPMENT (PMUD) AND PLANNED COMMERCIAL DEVELOPMENT (PCD) LOCATED WEST OF INTERSTATE 70, SOUTH OF HIGHWAY 58, AND NORTH OF APPROXIMATELY 33RD AVENUE (CASE NO. WS-17-07/CLEAR CREEK CROSSING) 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. ATTACHMENT 1 With the following conditions: 1. The developer shall enter into a subdivision improvement agreement with the City prior to recordation of the subdivision plat. DONE AND RESOLVED by the City Council this 25th day of June, 2018. By: _____________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Planning Commission 1Case No. WS-17-07 / Clear Creek Crossing CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: June 7, 2018 CASE MANAGER: Zack Wallace Mendez CASE NO. & NAME: WS-17-07 / Clear Creek Crossing ACTION REQUESTED: Request for approval of a 13-lot subdivision on property located west of Interstate 70, south of Highway 58 and north of 33rd Avenue (approximately), commonly known as Clear Creek Crossing. LOCATION OF REQUEST: West of I-70 between Highway 58 and approximately 33rd Avenue APPLICANT (S): Evergreen Devco OWNER (S): Evergreen Devco, Broken Arrow 3 LLC, Coors Brewing Company APPROXIMATE AREA: 9,189,929 square feet (201.97 acres) PRESENT ZONING: Planned Mixed Use Development (PMUD) & Planned Commercial Development (PCD) PRESENT LAND USE: Vacant, Clear Creek, Coors water storage facility ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)SUBDIVISION REGULATIONS(X) ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WS-17-07 / Clear Creek Crossing JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 13-lot subdivision, which includes 3 tracts and right-of-way dedication, on property zoned Planned Mixed Use Development (PMUD) and Planned Commercial Development (PCD). The property was last subdivided in 2011 as Clear Creek Crossing Subdivision Filing No. 1. This approval followed an annexation of 33 acres of land and an Outline Development Plan for the Clear Creek Crossing site, which planned for a Cabela’s store, a 177,000 square foot Walmart store, and nearly 1,000,000 square feet of retail and office development. These development plans never came to fruition. In late 2016, Evergreen Devco purchased a large portion of the previously subdivided property. Earlier this year, the City Council approved a new Outline Development Plan for Evergreen’s property, which changed the zoning on that portion of land from Planned Commercial Development to Planned Mixed Use Development. This rezoning allows for a mix of uses including residential, retail, office, and employment uses. Properties owned by Coors were not included in the rezoning request, but are included in this subdivision, hence the different zone districts that comprise this subdivision plat (Exhibit 1, ODP and Subdivision Boundaries). The purpose of this subdivision plat is to establish lot lines, easements, and right-of-way that align with the development scenario that was approved in the Clear Creek Crossing Outline Development Plan earlier this year. Due to the number of lots, and the vacation/dedication of right-of-way, this plat is considered a major plat and must be reviewed by Planning Commission who will make a recommendation to City Council, the final authority for approval. The purpose of a subdivision plat review is to confirm appropriate lot configuration, access, rights-of-way, easements and utility service to enable future development. II. EXISTING CONDITIONS The property is commonly known as Clear Creek Crossing, and is located west of Interstate 70, south of Highway 58, and north of the existing development near 32nd Avenue. A portion of the site was recently rezoned to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) in anticipation of a new mixed-use development, while a portion of the property remains zoned Planned Commercial Development (PCD), subject to the development plan that was approved in 2011. See Exhibit 1 for a detail of these boundaries. Much of the land is within the subdivision is vacant. A portion of this area is traversed by Clear Creek, a portion is occupied by a Coors water storage facility, and a portion of the local road network has been built within the subdivision boundary (40th Avenue underpass and short extension) (Exhibit 2, Aerial). The subject property consists of parcels of land annexed into the City in 2005 and 2011, as part of the former Cabela’s development scenarios. Previously, the subject property was used as a gravel mine and an animal hospital once occupied a portion of the site. Planning Commission 3 Case No. WS-17-07 / Clear Creek Crossing Surrounding Land Uses and Zoning Properties to the west are generally water storage facilities for Coors and the Applewood Golf Course, some of which are located within the City of Wheat Ridge and zoned Planned Commercial Development (PCD) with very limited uses. The area further west (including the Golf Course) is located in unincorporated Jefferson County. The Clear Creek open space corridor is located within the subdividion boundaries and extends east and west. Property to the north of Highway 58 are zoned Planned Industrial Development (PID) as part of the 44th Industrial Park. Properties directly to the south are generally highway oriented commercial uses, including a gas station, hotel and restaurants, all zoned PCD per the 70 West Business Center development plans and amendments. Properties adjacent to the southwest include larger lot single-family homes located in unincorporated Jefferson County. Across I-70 to the east is the Applewood Village shopping center with various retail/restaurant uses (Exhibit 3, Zoning). III. PROPOSED SUBDIVISION PLAT Plat Document The proposed plat document consists of ten pages (Exhibit 4, Clear Creek Crossing Subdivision Filing No. 2). The first two pages page includes a legal description of the property; signature blocks for the owners, City, surveyor and County; data tables; and standard declarations and notes. Pages 3 through 6 show all of the current easements, right-of-way and lot lines being vacated by this plat. Pages 7 through 10 show all of the easements, right-of-way, and lot lines being dedicated and/or established by this plat. Lot Configuration The site is over 210 acres divided into 13 parcels that are oriented towards the dedicated right-of-way for Clear Creek Drive (formerly Cabela Drive – vacated by this plat), and the dedicated right-of-way for 40th Avenue. The lots range from 3.1 acres to 28.6 acres in size, and those which are located within the ODP boundary (Exhibit 1, ODP and Subdivision Boundaries) will facilitate the development of the mixed-use center approved by City Council in March 2018. The areas outside of the ODP boundary are owned by Coors. They are included with this proposed subdivision plat, as they were part of the original 2011 plat, but are not foreseen to facilitate any development at this point in time. Public Improvements In 2016, Wheat Ridge voters passed ballot question 2E, which approved a sales tax increase to fund certain improvements within the City. As part of that measure, approximately $10 million was allocated to the Clear Creek Crossing development to fund the construction of the I-70 hook ramps, which provide access to the site directly from I-70, improve the current ramps at 32nd Avenue, and connect to the right-of-way dedicated for Clear Creek Drive. Additionally, the developer will construct the full street section of Clear Creek Drive and 40th Avenue through the property. The full section includes travel lanes, curb, gutter, sidewalk, and tree lawns. Drainage The storm drainage system has been adequately analyzed and designed to capture and convey runoff from the development and adjacent tributary areas. This runoff will flow north to Clear Creek generally following historical drainage patterns. Due to the proximity of the development to Clear Creek, stormwater detention will not be required; however, some level of flood attenuation will be provided in the existing Coors water storage pond. For storm events larger than the 2-year event, a Planning Commission 4 Case No. WS-17-07 / Clear Creek Crossing portion of the site runoff will be routed into the Coors storage pond and will be slowly released by means of a flat pipe. This allows for a reduction in the size of storm sewer pipes required downstream of the Coors storage pond. Water quality treatment will be required for the development. To accommodate water quality treatment, an existing wetlands area at the northern end of the site will be utilized as a wetlands water quality pond. Two concrete forebay ponds will be constructed just upstream of the water quality pond, an east and west forebay. All of the runoff from the site will be directed into one of the two forebay ponds and then into the water quality treatment pond. The forebay ponds will provide an area for settling and will reduce the amount of sediment that enters the water quality treatment pond. Runoff flows exceeding the water quality storm event will bypass the water quality pond and will be conveyed directly into Clear Creek by means of diversion structures at both the east and west forebay ponds. Easements Standard utility easements are proposed to be dedicated along the property lines to facilitate future utility needs in the area. In addition to the standard property line easements, a utility easement will be platted between Clear Creek Drive and 40th Avenue within Block 2, Lot 1; a trail easement is proposed to be platted at the request of the Prospect Recreation and Park District to connect Applewood Golf Course to the Clear Creek trail; and Applewood Sanitation District has requested exclusive easements in specific locations. Additionally, Staff has requested that a cross access easement be placed between Block 1, Lot 1 and Block 1, Lot 2. Due to the uncertainty of the final designs of each lot at this time, this easement may be platted by a separate document, but must be in place prior to the issuance of building permits for either lot. This is reflected in Note 16 on page 2 of the plat document. An existing 80-foot wide Denver Water line easement that traverses the site will remain in place, and is not being altered by this plat. IV. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat regarding the ability to serve the property. The developer will be responsible for the needed upgrades/installation to accommodate the proposed development. Specific referral responses follow. City of Wheat Ridge Public Works: Has reviewed several versions of the plat, and has minor issues to be addressed prior to City Council public hearing. The Public Works Department has reviewed and approved the Master Drainage Plan. The Final Drainage Report has one outstanding comment that can be easily addressed by the applicant. West Metro Fire Protection District: No comments or concerns. Permits required for all vertical construction. Urban Drainage and Flood Control District: Commented regarding the existing conditions along Clear Creek, and the desire to work with the developer on incorporating Clear Creek as an amenity to the site. Wheat Ridge Police Department: No objections. Century Link: No objections. Planning Commission 5 Case No. WS-17-07 / Clear Creek Crossing Fairmount Fire Protection District: No objections. Requested to be provided with additional information as the property develops, and will be coordinating with West Metro Fire when necessary. Xcel Energy: Acknowledged the platted utility easements. Provided instructions for new gas and electric service. Regional Transportation District (RTD): RTD did not provide formal comments, but Staff continues to work with the developer and RTD about the possibility of incorporating a bus transfer center into the development. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed subdivision plat results in a logical lot layout for the proposed future development. Staff further concludes that the subdivision plat complies with the standards in Article IV of the zoning and development code (subdivision regulations) and that all utility agencies can serve the property with improvements installed at the developer’s expense. For these reasons, staff recommends approval of the subdivision plat with the conditions listed below. VI. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WS-17-07, a request for approval of a 13-lot subdivision on property zoned Planned Commercial Development (PCD) and Planned Mixed Use Development (PMUD) located west of Interstate 70, south of Highway 58 and north of 33rd Avenue approximately, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer’s expense. 2. The requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. The developer shall enter into a subdivision improvement agreement whereby all required infrastructure improvements are in place prior to issuance of building permits for individual lots. 2. All minor corrects occur prior to the City Council public hearing. Planning Commission 6 Case No. WS-17-07 / Clear Creek Crossing EXHIBIT 1: ODP & SUBDIVISION BOUNDARY Planning Commission 7 Case No. WS-17-07 / Clear Creek Crossing EXHIBIT 2: AERIAL Planning Commission 8 Case No. WS-17-07 / Clear Creek Crossing EXHIBIT 3: ZONING MAP Planning Commission 9 Case No. WS-17-07 / Clear Creek Crossing [see attached] EXHIBIT 4: CLEAR CREEK CROSSING SUBDIVISION FILING NO. 2 Planning Commission 10 Case No. WS-17-07 / Clear Creek Crossing This page intentionally left blank. S I T E V I C I N I T Y M A P N O T T O S C A L E CLEAR C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 2 A REPLAT OF C L E A R C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 1 ( R E C . 2 0 1 1 0 7 2 5 3 2 ) S I T U A T E D I N S E C T I O N S 1 9 , 2 0 , 2 9 , & 3 0 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O S H E E T O F 1 0 S H E E T S M A R T I N / M A R T I N C O N S U L T I N G E N G I N E E R S 1 2 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 3 0 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M 1 S H E E T L I S T T A B L E S H E E T N U M B E R S H E E T T I T L E C O V E R S H E E T S H E E T 1 O F 1 0 “” “”CLEAR C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 2 A REPLAT OF C L E A R C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 1 ( R E C . 2 0 1 1 0 7 2 5 3 2 ) S I T U A T E D I N S E C T I O N S 1 9 , 2 0 , 2 9 , & 3 0 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O S H E E T O F 1 0 S H E E T S M A R T I N / M A R T I N C O N S U L T I N G E N G I N E E R S 1 2 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 3 0 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M 2 N O T E S S H E E T 2 O F 1 0 CLEAR C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 2 A REPLAT OF C L E A R C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 1 ( R E C . 2 0 1 1 0 7 2 5 3 2 ) S I T U A T E D I N S E C T I O N S 1 9 , 2 0 , 2 9 , & 3 0 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O S H E E T O F 1 0 S H E E T S M A R T I N / M A R T I N C O N S U L T I N G E N G I N E E R S 1 2 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 3 0 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M S E E S H E E T 5 F O R C O N T I N U A T I O N SEE SHEET 4 FOR CONTINUATION K E Y M A P N . T . S S H E E T 3 E X I S T I N G C O N D I T I O N S - N W P O R T I O N S H E E T 3 O F 1 0 S H E E T 4 S H E E T 5 S H E E T 6 3 CLEAR C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 2 A REPLAT OF C L E A R C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 1 ( R E C . 2 0 1 1 0 7 2 5 3 2 ) S I T U A T E D I N S E C T I O N S 1 9 , 2 0 , 2 9 , & 3 0 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O S H E E T O F 1 0 S H E E T S M A R T I N / M A R T I N C O N S U L T I N G E N G I N E E R S 1 2 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 3 0 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M 4 SEE SHEET 3 FOR CONTINUATION S E E S H E E T 5 F O R C O N T I N U A T I O N E X I S T I N G C O N D I T I O N S - N E P O R T I O N S H E E T 4 O F 1 0 K E Y M A P N . T . S S H E E T 3 S H E E T 4 S H E E T 5 S H E E T 6 CLEAR C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 2 A REPLAT OF C L E A R C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 1 ( R E C . 2 0 1 1 0 7 2 5 3 2 ) S I T U A T E D I N S E C T I O N S 1 9 , 2 0 , 2 9 , & 3 0 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O S H E E T O F 1 0 S H E E T S M A R T I N / M A R T I N C O N S U L T I N G E N G I N E E R S 1 2 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 3 0 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M S E E S H E E T 6 F O R C O N T I N U A T I O N S E E S H E E T 4 F O R C O N T I N U A T I O N SEE SHEET 3 FOR CONTINUATION 5 E X I S T I N G C O N D I T I O N S - C E N T R A L P O R T I O N S H E E T 5 O F 1 0 K E Y M A P N . T . S S H E E T 3 S H E E T 4 S H E E T 5 S H E E T 6 CLEAR C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 2 A REPLAT OF C L E A R C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 1 ( R E C . 2 0 1 1 0 7 2 5 3 2 ) S I T U A T E D I N S E C T I O N S 1 9 , 2 0 , 2 9 , & 3 0 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O S H E E T O F 1 0 S H E E T S M A R T I N / M A R T I N C O N S U L T I N G E N G I N E E R S 1 2 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 3 0 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M 6 S E E S H E E T 5 F O R C O N T I N U A T I O N E X I S T I N G C O N D I T I O N S - S O U T H E R N P O R T I O N S H E E T 6 O F 1 0 K E Y M A P N . T . S S H E E T 3 S H E E T 4 S H E E T 5 S H E E T 6 CLEAR C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 2 A REPLAT OF C L E A R C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 1 ( R E C . 2 0 1 1 0 7 2 5 3 2 ) S I T U A T E D I N S E C T I O N S 1 9 , 2 0 , 2 9 , & 3 0 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O S H E E T O F 1 0 S H E E T S M A R T I N / M A R T I N C O N S U L T I N G E N G I N E E R S 1 2 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 3 0 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M 7 S E E S H E E T 9 F O R C O N T I N U A T I O N SEE SHEET 8 FOR CONTINUATION P R O P O S E D C O N D I T I O N S - N W P O R T I O N S H E E T 7 O F 1 0 K E Y M A P N . T . S 4 0 T H A V E . C L E A R C R E E K D R . I N T E R S T A T E - 7 0 S H E E T 7 S H E E T 8 S H E E T 9 S H E E T 1 0 CLEAR C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 2 A REPLAT OF C L E A R C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 1 ( R E C . 2 0 1 1 0 7 2 5 3 2 ) S I T U A T E D I N S E C T I O N S 1 9 , 2 0 , 2 9 , & 3 0 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O S H E E T O F 1 0 S H E E T S M A R T I N / M A R T I N C O N S U L T I N G E N G I N E E R S 1 2 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 3 0 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M 8 SEE SH E E T 9 F O R C O N T I N U A T I O N SEE SHEET 7 FOR CONTINUATION P R O P O S E D C O N D I T I O N S - N E P O R T I O N S H E E T 8 O F 1 0 K E Y M A P N . T . S 4 0 T H A V E . C L E A R C R E E K D R . I N T E R S T A T E - 7 0 S H E E T 7 S H E E T 8 S H E E T 9 S H E E T 1 0 CLEAR C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 2 A REPLAT OF C L E A R C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 1 ( R E C . 2 0 1 1 0 7 2 5 3 2 ) S I T U A T E D I N S E C T I O N S 1 9 , 2 0 , 2 9 , & 3 0 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O S H E E T O F 1 0 S H E E T S M A R T I N / M A R T I N C O N S U L T I N G E N G I N E E R S 1 2 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 3 0 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M 9 S E E S H E E T 8 F O R C O N T I N U A T I O N S E E S H E E T 1 0 F O R C O N T I N U A T I O N P R O P O S E D C O N D I T I O N S - C E N T R A L P O R T I O N S H E E T 9 O F 1 0 K E Y M A P N . T . S 4 0 T H A V E . C L E A R C R E E K D R . I N T E R S T A T E - 7 0 S H E E T 7 S H E E T 8 S H E E T 9 S H E E T 1 0 CLEAR C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 2 A REPLAT OF C L E A R C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 1 ( R E C . 2 0 1 1 0 7 2 5 3 2 ) S I T U A T E D I N S E C T I O N S 1 9 , 2 0 , 2 9 , & 3 0 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O S H E E T O F 1 0 S H E E T S M A R T I N / M A R T I N C O N S U L T I N G E N G I N E E R S 1 2 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 3 0 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M 1 0 S E E S H E E T 9 F O R C O N T I N U A T I O N P R O P O S E D C O N D I T I O N S - S O U T H E R N P O R T I O N S H E E T 1 0 O F 1 0 K E Y M A P N . T . S 4 0 T H A V E . C L E A R C R E E K D R . I N T E R S T A T E - 7 0 S H E E T 7 S H E E T 8 S H E E T 9 S H E E T 1 0 Planning Commission 11 Case No. WS-17-07 / Clear Creek Crossing EXHIBIT 5: SITE PHOTOS View of the property looking north from the bend in Youngfield Service Road north of 32nd Avenue. This area will be dedicated right-of-way and lead north into the development site. Looking south along Youngfield Service Road. Interstate 70 can be seen to the right, and is the eastern edge of this proposed subdivision. Planning Commission 12 Case No. WS-17-07 / Clear Creek Crossing View looking northwest from Youngfield Service Road into the proposed development site. Construction crews can be seen to the right working on the Denver Water line that traverses the site. The bodies of water seen in the photo are owned by Coors and the nearest one is included in this proposed subdivision. Looking west from Youngfield Service Road into the subject property. Highway 58 can be seen to the left of the photo. Planning Commission 13 Case No. WS-17-07 / Clear Creek Crossing Looking south into the proposed development area from the parking area near the Clear Creek trailhead. This was the location of the Jefferson County Animal Shelter before it was demolished in the early 2010s. View looking south along Youngfield Service Road. The 40th Avenue underpass, completed by the Metropolitan District/Developer per the Environmental Assessment associated with the prior Clear Creek Crossing, can be seen to the left. Planning Commission Minutes - 1 –June 7, 2018 PLANNING COMMISSION Minutes of Meeting June 7, 2018 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:03 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2.ROLL CALL OF MEMBERS Commission Members Present:Alan Bucknam Emery Dorsey Daniel Larson Janet Leo Scott Ohm Vivian Vos Commission Members Absent: Richard Peterson Amanda Weaver Staff Members Present: Kenneth Johnstone, Community Development Director Meredith Reckert, Senior Planner Zack Wallace Mendez, Planner II Jordan Jefferies, Civil Engineer II Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner OHM toapprove the order of the agenda. Motion carried 6-0. 5.APPROVAL OF MINUTES – May 17, 2018 It was moved by Commissioner LARSON and seconded by Commissioner VOS toapprove the minutes of May 17, 2018, as written. Motion carried 6-0. ATTACHMENT 3 Planning Commission Minutes - 2 – June 7, 2018 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS-17-07: An application filed by Evergreen Devco for approval of a Major subdivision located west of Interstate 70, south of Highway 58 and north of approximately 33rd Avenue (Clear Creek Crossing). Mr. Wallace Mendez gave a short presentation regarding the Subdivision and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner VOS asked if Coors will be involved in this subdivision/plat. Mr. Wallace Mendez explained that Coors does own property that is part of this subdivision, and so Coors is involved and added as a signatory. Mr. Wallace Mendez also noted that the Coors owned parcels were not part of the Clear Creek Crossing zone change that the Commissioners heard earlier in 2018. Commissioner Larson asked if there are other property owners besides Coors. Mr. Wallace Mendez said the other owners are Evergreen Devco and Broken Arrow 3, LLC who are partners on this development. It was moved by Commissioner OHM and seconded by Commissioner LEO to recommend APPROVAL of Case No. WS-17-07 a request for approval of a 13-lot subdivision on property zoned Planned Commercial Development (PCD) and Planned Mixed Use Development (PMUD) located west of Interstate 70, south of Highway 58 and north of 33rd Avenue approximately, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer’s expense. 2. The requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. The developer shall enter into a subdivision improvement agreement whereby all required infrastructure improvements are in place prior to issuance of building permits for individual lots. 2. All minor corrections occur prior to the City Council public hearing. Planning Commission Minutes - 3 – June 7, 2018 Motion carried 6-0. B. Two applications filed by Squareroot, Inc., Case No. WZ-17-07 a request for approval of a Specific Development Plan (SDP) for 9 cottage style duplexes and single family homes and Case No. WS-17-04 a request for approval of a 9-lot subdivision for property located at 2826 Eaton Street. Mr. Wallace Mendez gave a short presentation regarding the SDP, subdivision and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner OHM asked if there is a photometric plan for this development to make sure that there is no light spillage. Mr. Wallace Mendez explained that a photometric plan is not required for single-family homes or duplexes. Commissioner OHM asked if there will be any new street lighting. Mr. Jefferies stated there will be no new street lighting installed Commissioner OHM feels that the landscape plan is incomplete and hard to read. Andrew Gibson, Squareroot, Inc. 4250 Urban Street, Denver Mr. Gibson explained he was not aware that a photometric plan was required. He added there will be some lighting around the parking structure and there will be individual porch lights on the single family homes and duplexes. Curtis Sterns Mr. Sterns added there will be not be any pole lights so a photometric plan was not required. He also addressed the landscape plan and explained that they only added the quantity and size of plants that will be in the public areas and right-of-way. It will be up to each home owner as to what kind of tree/plant they want on their property. Commissioner VOS said she was disappointed to see the current home that is on the site will be demolished and asked if the new homes and duplexes will be for sale or rent. Mr. Gibson said they will be for sale at market value. ITEM NO: DATE: June 25, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 18-2018 – AN ORDINANCE PROVIDING FOR AN ADMISSIONS TAX CREDIT, SALES TAX CREDIT, AND LODGING TAX CREDIT AGAINST CERTAIN PUBLIC IMPROVEMENT FEES PAID AT CLEAR CREEK CROSSING PUBLIC HEARING ORDINANCES FOR 1ST READING (06/25/18) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/09/18) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ City Attorney City Manager ISSUE: The City will consider entering into a Public Finance Agreement (PFA) with the Longs Peak Metropolitan District and Evergreen-Clear Creek Crossing, L.L.C. concerning the finance and construction of certain public improvements in association with the Clear Creek Crossing project. The PFA contemplates the City sharing a portion of the sales tax, lodging tax and admissions tax revenues with the District to finance the construction of public improvements for the project as outlined above. This ordinance implements the PFA by granting credits against these revenue sources that will be shared with the District for payment of the bonds issued to construct those public improvements. The PFA will be scheduled for council consideration at its July 9, 2018 meeting, concurrently with second reading consideration of this ordinance. The PFA and the ordinance are designed to work together to provide for the public financing component of the cost of construction of the public improvements at Clear creek Crossing. PRIOR ACTION: The proposed deal terms of the PFA were reviewed and discussed with City Council at the May 21 and June 18 study sessions. Council Action Form – Clear Creek Crossing PIF Ordinance June 25, 2018 Page 2 FINANCIAL IMPACT: The tax credits are estimated to generate approximately $31 million in revenues over a 30-year period to service the bonds issued to construct the public improvements necessary for the completion of the Clear Creek Crossing project. The project is estimated to generate over $54 million on new sales, lodging, admission and use tax revenue over 30 years for the City and over $30 million of property tax revenues for the Urban Renewal Authority. BACKGROUND: The Clear Creek Crossing mixed use development will provide the City of Wheat Ridge with a destination development that provides a wide range of uses to help grow the city’s commercial, residential and employment bases. Through the use of unifying design elements, including architectural style, landscape design and public spaces, this project is envisioned to be a unique and authentic asset to the community. Clear Creek Crossing will focus on creating a strong sense of place that protects and projects the cultural heritage of Wheat Ridge using a modern agrarian design aesthetic that blends traditional agrarian forms and materials with modern archetypes and uses. This development will focus on creating physical and emotional connections to the surrounding neighborhoods through intentional branding, curating a dynamic tenant mix and providing integrated automotive, pedestrian and bicycle connectivity that allows neighbors numerous opportunities to shop, live, work and play. The anchor for Clear Creek Crossing will be a 26.6-acre SLC-Lutheran medical campus that will continue the rich heritage of the Lutheran Medical Center in Wheat Ridge for decades to come. Additionally, Evergreen is in active negotiations with a specialty movie theater operator, a family entertainment center, several hotels and numerous restaurant concepts, including brewpubs, sports bars, urban wineries, destination burger outfits, taqueries and comfort dining concepts. Evergreen Development Company has submitted a request for public financing to assist in the construction of public improvements for the project. Securing a public-private-partnership (“PPP”) with the City of Wheat Ridge and Renewal Wheat Ridge for the financing of Clear Creek Crossing’s necessary infrastructure is critical because the property lacks basic access and utility service and is challenged topographically. Without a PPP the project cannot move forward financially, despite strong tenant interest, because of the extraordinary costs associated with the development. With a PPP commitment from City Council, Evergreen can move forward and finalize deals with tenants, commence construction on the necessary infrastructure and deliver pad sites and buildings to end users in 2019. The Clear Creek Crossing project will provide many benefits to the Wheat Ridge community including the following:  Increased City/URA revenue • $54+ million of new sales, lodging, admission and use tax revenue over 30 years – averaging $1.3 million annually (net of city expenditures) Council Action Form – Clear Creek Crossing PIF Ordinance June 25, 2018 Page 3 • $30+ million of property tax revenue which can be used for other urban renewal projects in the I-70/Kipling Corridor Urban Renewal Plan area • Projected 5% to 10% increase in sales at Applewood Shopping Center - $150,000 to $300,000/annually  New housing options • 300-unit luxury multi-family community with a rich package of amenities  Modern hotel choices • Two, 100-room hotels  Exciting retail and restaurant choices • Close to 100,000 square feet of new chef-driven restaurants and other unique retail establishments  Entertainment • 100,000 square feet of new entertainment offerings including a movie theatre and family entertainment center  Regional water quality • The Clear Creek Crossing Development will construct regional water quality infrastructure to not only manage and clean stormwater from the development but also from the Applewood neighborhood which is currently entering Clear Creek untreated  Improved regional traffic infrastructure • The construction of the hook ramps of I-70 will improve traffic circulation and traffic congestion through the current I-70 and 32nd Avenue interchange RECOMMENDED MOTION: “I move to approve Council Bill No. 18-2018, an ordinance providing for an Admissions Tax Credit, a Sales Tax Credit, and a Lodging Tax Credit against certain public improvement fees paid at Clear Creek Crossing on first reading, order it published, public hearing set for Monday, July 9, 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, “I move to deny Council Bill No. 18-2018, an ordinance providing for an Admissions Tax Credit, a Sales Tax Credit, and a Lodging Tax Credit against certain public improvement fees paid at Clear Creek Crossing, for the following reasons ____________________________________________________________________.” Council Action Form – Clear Creek Crossing PIF Ordinance June 25, 2018 Page 4 REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 18-2018 16770024.9 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ Council Bill No. 18 Ordinance No. _______ Series 2018 TITLE: AN ORDINANCE PROVIDING FOR AN ADMISSIONS TAX CREDIT, A SALES TAX CREDIT, AND A LODGING TAX CREDIT AGAINST CERTAIN PUBLIC IMPROVEMENT FEES PAID AT CLEAR CREEK CROSSING WHEREAS, the City of Wheat Ridge (“City”), acting by and through its City Council (“City Council”), is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City has entered into a Public Finance Agreement (the “Public Finance Agreement”) with Longs Peak Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado, and Evergreen-Clear Creek Crossing, L.L.C., an Arizona limited liability corporation (“Developer”), concerning the finance and construction of certain public improvements in association with the development of a mixed-use commercial project known as Clear Creek Crossing (the “Project”) on approximately 109 acres of real property generally located at the southwest corner of the intersection of Interstate 70 and Colorado Highway 58, as more particularly described on Exhibit 1 (“Property”); and WHEREAS, all capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Public Finance Agreement; and WHEREAS, pursuant to Section 4.1 of the Public Finance Agreement, the City Council of the City has agreed to consider adoption of an ordinance granting an Admissions Tax Credit in the amount of two and a half percent (2.50%) against the collection of Admissions Sales to the extent that the Admissions Credit PIF in the amount of two and a half percent (2.50%) is collected on Admissions Sales for admission to an event within the Property (including without limitation all Admissions Sales made online, by email, by phone, through a travel agency, through a third-party such as Stub Hub or Ticketmaster, or otherwise initiated, consummated, conducted, or transacted outside of the Property), subject to the terms and limitations set forth in the Public Finance Agreement; and WHEREAS, pursuant to Section 4.1 of the Public Finance Agreement, the City Council of the City has agreed to consider adoption of an ordinance granting a Sales Tax Credit in the amount of one and fifty one-hundredths percent (1.50%) against the collection of Retail Sales to the extent that the Retail Credit PIF in the amount of one and fifty one-hundredths percent (1.50%) is collected on Retail Sales initiated, consummated, conducted, or transacted within the Property (including without limitation all Retail Sales for goods or services purchased online, by email, or by phone, but that are picked up by the purchaser from the Retailer’s location within the Property or are ATTACHMENT 1 delivered to the purchaser from the Retailer’s location within the Property), subject to the terms and limitations set forth in the Public Finance Agreement; and WHEREAS, pursuant to Section 4.1 of the Public Finance Agreement, the City Council of the City has agreed to consider adoption of an ordinance granting a Lodging Tax Credit in the amount of five percent (5.0%) against the collection of Lodging Sales to the extent that the Lodging Credit PIF in the amount of five percent (5.0%) has been collected on Lodging Sales for leases, rentals, lodging, or accommodations within the Property (including without limitation all Lodging Sales made online, by email, by phone, through a travel agency, through a third-party such as Expedia or Hotels.com, or otherwise initiated, consummated, conducted, or transacted outside of the Property), subject to the terms and limitations set forth in the Public Finance Agreement; and WHEREAS, providing for such Admissions Tax Credit against the Admissions Credit PIF, Sales Tax Credit against the Retail Credit PIF, and Lodging Tax Credit against the Lodging Credit PIF will substantially aid in the financing and construction of certain necessary public improvements that will benefit the residents of the City and patrons of the Property, and will protect and promote the public health, safety, and general welfare of the residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Definitions. “Act” means the Special District Act, Colorado Revised Statutes §§32-1-101, et seq. “Admissions Credit PIF” means the public improvement fee imposed on the Property in the amount of 2.5% on Admissions Sales for admission to an event within the Property (including without limitation all Admissions Sales made online, by email, by phone, through a travel agency, through a third-party such as Stub Hub or Ticketmaster, or otherwise initiated, consummated, conducted, or transacted outside of the Property), which will be collected in accordance with the terms of the Admissions Credit PIF Covenant and the PIF Collection Agreement, and will be accounted for and spent in accordance with the terms of the Public Finance Agreement. “Admissions Credit PIF Covenant” means a declaration of covenants by Developer imposing and implementing the Admissions Credit PIF within the Property. “Admissions Sales” means any exchange of goods or services for money or other media of exchange initiated, consummated, conducted, or transacted that is subject to the City’s Admissions Tax. “Admissions Tax” means the municipal admissions charge imposed by the City on the right or privilege to gain entrance to any place, event, performance, or scheduled activity held within the City, at such rates and on such terms and conditions as are prescribed in Section 22-101 of the Code. “Admissions Tax Credit” means the credit against the City’s Admissions Tax in the amount of 2.5% (subject to adjustment as provided in this ordinance) on Admissions Sales for admission to an event within the Property (including without limitation all Admissions Sales made online, by email, by phone, through a travel agency, through a third-party such as Stub Hub or Ticketmaster, or otherwise initiated, consummated, conducted, or transacted outside of the Property), as implemented pursuant to this Ordinance. “Bonds” means one or more series of bonds issued by the District in accordance with the terms of the Act, which may be in the form of a note, loan, or other financial obligation identified as a Bond, including any bonds, notes, loans, or other financial obligations issued by the Districts to refund Bonds. “Credit PIFs” means the Admissions Credit PIF, Lodging Credit PIF, and Retail Credit PIF. “Lodging Credit PIF” means the public improvement fee imposed on the Property in the amount of 5.0% on Lodging Sales for leases, rentals, lodging, or accommodations within the Property (including without limitation all Lodging Sales made online, by email, by phone, through a travel agency, event planner, or other third-party, or otherwise initiated, consummated, conducted, or transacted outside of the Property), which will be collected in accordance with the terms of the Lodging Credit PIF Covenant and the PIF Collection Agreement, and will be accounted for and spent in accordance with the terms of the Public Finance Agreement. “Lodging Credit PIF Covenant” means a declaration of covenants by Developer imposing and implementing the Lodging Credit PIF within the Property. “Lodging Sales” means any exchange of goods or services for money or other media of exchange initiated, consummated, conducted, or transacted that is subject to the City’s Lodging Tax. “Lodging Tax” means the municipal lodgers’ tax imposed by the City at such rate and on such terms and conditions as prescribed in Section 22-100 of the Code, of which an amount equal to 5.0% on Lodging Sales has been permanently earmarked for specific purposes. “Lodging Tax Credit” means the credit against the City’s Lodging Tax in the amount of 5.0% (subject to adjustment as provided in this ordinance) on Lodging Sales for leases, rentals, lodging, or accommodations within the Property (including without limitation all Lodging Sales made online, by email, by phone, through a travel agency, through a third-party such as Expedia or Hotels.com, or otherwise initiated, consummated, conducted, or transacted outside of the Property), as implemented pursuant to this Ordinance. “PIF Collection Agent” means an entity retained for the purpose of collecting, accounting for, and disbursing the PIF Revenue in accordance with the PIF Covenants. “PIF Collection Agreement” means an agreement related to the collection and remittance of the PIF Revenue, entered into in accordance with the Public Finance Agreement. “PIF Covenants” means the Admissions Credit PIF Covenant, Lodging Credit PIF Covenant, and Retail Credit PIF Covenant. “PIF Revenue” means all revenue collected by the PIF Collection Agent from the Credit PIFs. “Retail Credit PIF” means the public improvement fee imposed on the Property in the amount of 1.50% on Retail Sales initiated, consummated, conducted, or transacted within the Property (including without limitation all Retail Sales for goods or services purchased online, by email, or by phone, but that are picked up by the purchaser from the Retailer’s location within the Property or are delivered to the purchaser from the Retailer’s location within the Property), which will be collected in accordance with the terms of the Retail Credit PIF Covenant and the PIF Collection Agreement, and will be accounted for and spent in accordance with the terms of the Public Finance Agreement. “Retail Credit PIF Covenant” means a declaration of covenants by Developer imposing and implementing the Retail Credit PIF within the Property. “Retail Sales” means any exchange of goods or services for money or other media of exchange initiated, consummated, conducted, or transacted that is subject to the City’s Sales Tax. “Sales Tax” means the municipal sales tax imposed by the City on sales of goods and services, at such rates and on such terms and conditions as are prescribed in Chapter 22, Article 1 of the Code. “Sales Tax Credit” means the credit against the City’s Sales Tax in the amount of 1.50% (subject to adjustment as provided in this ordinance) on Retail Sales that are initiated, consummated, conducted, or transacted within the Property (including without limitation all Retail Sales for goods or services purchased online, by email, or by phone, but that are picked up by the purchaser from the Retailer’s location within the Property or are delivered to the purchaser from the Retailer’s location within the Property), as implemented pursuant to this Ordinance. “Wheat Ridge Code of Laws” or “Code” means the municipal code and ordinances of the City of Wheat Ridge, Colorado as adopted and as amended from time to time by the Council. Section 2. Admissions Tax Credit. In order to implement the provisions of the Public Finance Agreement, there is hereby granted to each person or entity obligated to pay, collect, or remit Admissions Tax on Admissions Sales that are initiated, consummated, conducted, or transacted within the Property (including without limitation all Admissions Sales made online, by email, by phone, through a travel agency, through a third-party such as Stub Hub or Ticketmaster, or otherwise initiated, consummated, conducted, or transacted outside of the Property), an Admissions Tax Credit against the collection of the Admissions Taxes as hereinafter set forth. Such Admissions Tax Credit shall be granted in the form of a reduction in the applicable Admissions Tax rate in an amount equal to two and fifty one-hundredths percent (2.50%), and shall attach to a particular transaction only to the extent that the PIF Revenues generated by the Admissions Credit PIF are collected and received by the PIF Collection Agent for such transaction. The Admissions Tax Credit shall be automatic and shall take effect immediately upon the occurrence of an Admissions Sale, but shall be subject to the applicable retailer’s remittance to and receipt by the PIF Collection Agent of the PIF Revenues generated by the Admissions Credit PIF in accordance with the Admissions Credit PIF Covenant and the Public Finance Agreement (as reflected on the taxpayer’s periodic admissions tax report). Section 3. Sales Tax Credit. In order to implement the provisions of the Public Finance Agreement, there is hereby granted to each person or entity obligated to pay, collect, or remit Sales Tax on Retail Sales that are initiated, consummated, conducted, or transacted within the Property (including without limitation all Retail Sales for goods or services purchased online, by email, or by phone, but that are picked up by the purchaser from the Retailer’s location within the Property or are delivered to the purchaser from the Retailer’s location within the Property), a Sales Tax Credit against the collection of the Sales Taxes as hereinafter set forth. Such Sales Tax Credit shall be granted in the form of a reduction in the applicable Sales Tax rate in an amount equal to one and fifty one-hundredths percent (1.50%), and shall attach to a particular transaction only to the extent that the PIF Revenues generated by the Retail Credit PIF are collected and received by the PIF Collection Agent for such transaction. The Sales Tax Credit shall be automatic and shall take effect immediately upon the occurrence of a Retail Sale, but shall be subject to the applicable retailer’s remittance to and receipt by the PIF Collection Agent of the PIF Revenues generated by the Retail Credit PIF in accordance with the Retail Credit PIF Covenant and the Public Finance Agreement (as reflected on the retailer’s periodic sales tax report). Section 4. Lodging Tax Credit. In order to implement the provisions of the Public Finance Agreement, there is hereby granted to each person or entity obligated to pay, collect, or remit Lodging Tax on the Lodging Sales for leases, rentals, lodging, or accommodations within the Property (including without limitation all Lodging Sales made online, by email, by phone, through a travel agency, event planner, or other third-party, or otherwise initiated, consummated, conducted, or transacted outside of the Property), a Lodging Tax Credit against the collection of the Lodging Taxes as hereinafter set forth. Such Lodging Tax Credit shall be granted in the form of a reduction in the applicable Lodging Tax rate in an amount equal to five percent (5.0%), and shall attach to a particular transaction only to the extent that the PIF Revenues generated by the Lodging Credit PIF are collected and received by the PIF Collection Agent for such transaction. The Lodging Tax Credit shall be automatic and shall take effect immediately upon the occurrence of a Lodging Sale, but shall be subject to the applicable payor’s remittance to and receipt by the PIF Collection Agent of the PIF Revenues generated by the Lodging Credit PIF in accordance with the Lodging Credit PIF Covenant and the Public Finance Agreement (as reflected on the lodging provider’s periodic lodging tax report). Section 5. Termination of Credits. The Admissions Tax Credit, Sales Tax Credit, and Lodging Tax Credit granted pursuant this Ordinance shall all expire on the earlier to occur of: (i) payment of all principal and interest on Bonds issued by the District; or (ii) on the last day of the calendar year which is 30 years after the date the first Bonds are issued. The District shall provide written notice to the City of the date on which Bonds are issued, and the date on which Bonds are paid in full or defeased. Section 6. Invalidity. In the event the Admissions Tax Credit, Sales Tax Credit, or Lodging Tax Credit established herein or any of the Credit PIFs are determined by a final court decision to be unconstitutional, void, or ineffective for any cause, taxpayers shall immediately be required to collect and remit the full Admissions Tax, Sales Tax, or Lodging Tax, as applicable, as provided in Chapter 22 of the Wheat Ridge Code of Laws. Section 7. Change in Tax Rate. Nothing contained in this Ordinance shall prohibit the City, after complying with all requirements of law, from increasing or decreasing the City’s Admissions Tax, Sales Tax, or Lodging Tax rate. Any reduction in the Admissions Tax or Sales Tax shall not affect the amount of the Admissions Tax Credit or Sales Tax Credit; provided, however, (A) if the Admissions Tax is reduced to an amount lower than the Admissions Tax Credit, Admissions Tax Credit shall automatically be reduced to equal the amount of the Admissions Tax and, if the Admissions Tax is thereafter increased, the Admissions Tax Credit shall automatically increase to equal the Admissions Tax until the Admissions Tax exceeds the original amount of the Admissions Tax Credit, or (B) if the Sales Tax is reduced to an amount lower than the Sales Tax Credit, the Sales Tax Credit shall automatically be reduced to equal the amount of the Sales Tax and, if the Sales Tax is thereafter increased, the Sales Tax Credit shall automatically increase to equal the Sales Tax until the Sales Tax exceeds the original amount of the Sales Tax Credit. If the Lodging Tax is reduced, the Lodging Tax Credit shall be automatically reduced to equal the Lodging Tax rate less 5% (by way of example only, if the Lodging Tax is reduced to 8%, the Lodging Tax Credit would be reduced to 3%), and, if the Lodging Tax is thereafter increased, the Lodging Tax Credit shall automatically increase to an amount equal to the Lodging Tax less 5% but not to exceed 5% of Lodging Sales. Section 8. Effect of Credit, Applicability of TABOR. The City Council hereby determines that the creation or termination of the Admissions Tax Credit, Sales Tax Credit, and Lodging Tax Credit does not constitute a tax increase, the imposition of a new tax, or a tax policy change directly causing a net tax revenue gain to the City, and that nothing herein creates a multiple fiscal year financial obligation or other indebtedness of the City, nor does the Admissions Tax Credit, Sales Tax Credit, or Lodging Tax Credit established by this Ordinance nor the termination of Admissions Tax Credit, Sales Tax Credit, or Lodging Tax Credit meet any of the other criteria requiring approval by the electors pursuant to Article X, Section 20 of the Colorado Constitution, also known as the Taxpayer's Bill of Rights (TABOR). Section 9. Safety Clause. The City Council finds, determines, and declares that this Ordinance is promulgated and adopted under the general police power of the City of Wheat Ridge, that it is promulgated for the public 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 legislative object sought to be attained. Section 10. 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 11. Effective Date. This Ordinance shall take effect upon adoption, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on the first reading by a vote of __ to __ on this 24th day of June, 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 July 9, 2018, at 7:00 o’clock p.m., in the Council Chambers, 7500 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: Exhibit 1-9 16770024.9 EXHIBIT 1 Legal Description and Depiction of Property LOTS 1 AND 2, BLOCK 1; LOTS 1 AND 2, BLOCK 2; LOT 1, BLOCK 3; LOTS 1, 2 AND 3, BLOCK 4; AND TRACTS A AND B; CLEAR CREEK CROSSING SUBDIVISION FILING NO. 2, COUNTY OF JEFFERSON, STATE OF COLORADO SUBJECT ITEM NO: DATE: June 25, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 17-2018 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38th AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-18-09/LAUDICK) PUBLIC HEARING ORDINANCES FOR 1ST READING (06/25//2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/23/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Residential-One (R-1) to Planned Residential Development (PRD) for property located at 9800 W. 38th Avenue. The purpose of the rezoning is to modify the permitted uses to allow a new residential duplex development. The Outline Development Plan (ODP) accompanies a zone change to planned development and depicts the general location of building footprints, circulation, parking, building height and landscaping. Rezoning to a planned development is a two-step process. If the zone change and ODP were approved, the applicant would proceed to a Specific Development Plan and plat which will be a separate application. 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: Council Action Form – Rezoning 9800 W. 38th Ave June 25, 2018 Page 2 1. The proposed zone change will serve as a land use transition between 38th Avenue and the neighborhood to the south and could serve as a catalyst for additional investment in the area. 2. The proposed zoned change is consistent with the goals and objectives of the City’s Comprehensive Plan. 3. All agencies can serve the property with improvements installed at the developer’s expense. 4. The criteria used to evaluate a zone change support the request. With the following condition: 1. All minor corrections occur prior to the City Council public hearing. The staff report and meeting minutes from that meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1,281 were collected for the review and processing of Case No. WZ-18-09. If the proposed rezoning is approved, there could be an advancement of the City’s goals for the redevelopment of underutilized properties in the community and increased housing choices. BACKGROUND: The site is located at 9800 W. 38th Avenue, just east of Kipling Street, at the southeast corner with Johnson Street. The property is 1.28 acres in size and is unplatted. The subject property has roughly 275 feet of street frontage along W. 38th Avenue and 140 feet of street frontage along Johnson Street. The southern boundary of the property, which is angled from the southwest to the northeast, contains a drainage way that empties into Lena Gulch via an inlet on the City-owned property west of Johnson. The site has roughly 20 feet of fall from the front of the property to the rear, sloping from the northeast to the southwest. Surrounding Land Uses Surrounding properties include a variety of land uses and zoning. Immediately to the west across Johnson Street is a vacant parcel zoned PCD, owned by the City of Wheat Ridge. Beyond that parcel is a property zoned C-1, containing the Appleridge Café. To the southwest is the City of Wheat Ridge’s Discovery Park. On the west side of Kipling Street is the recently developed Kipling Ridge development with Sprouts and Starbucks as major tenants. To the east is the Meadow Haven Subdivision, zoned R-2A, consisting of single family and duplex residences. To the south are properties zoned R-1 containing single-family homes. To the north, across W. 38th Avenue, are properties zoned R-2. Council Action Form – Rezoning 9800 W. 38th Ave June 25, 2018 Page 3 Current and Proposed Zoning The property is currently zoned Residential-One (R-1) which allows single-family homes on a minimum lot of 12,500 square feet. The applicant is requesting planned residential development zoning for the construction of eight-duplexes, for a total of 16 units. Density proposed is roughly 19.5 units per acre. The units have rear access from a private street extending from Johnson Street to West 38th Avenue. 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 submittals for Specific Development Plan and plat. RECOMMENDATION: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This only sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. RECOMMENDED MOTION: “I move to approve Council Bill No. 17-2018, an ordinance approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD) and for an Outline Development Plan on first reading for the sole purpose of ordering it published for a public hearing set for Monday, July 23, 2018, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Lauren Mikulak, Planning Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 17-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____________ COUNCIL BILL NO. 17 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38th AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-18-9/LAUDICK) 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, Nathan Laudick 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 9800 W. 38th Avenue; and, WHEREAS, a zone change will allow for redevelopment opportunities on an underutilized property and increase 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 Nathan Laudick for approval of a zone change from Residential-One (R-1) to Planned Residential Development (PRD) and for approval of an Outline Development Plan (ODP) for property located at 9800 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A PARCEL OF LAND BEING A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 27 BEING N 89°39'35” E, CITY OF WHEAT RIDGE DATUM AND MONUMENTED AS FOLLOWS: -NORTHWEST CORNER OF SECTION 27, BEING A FOUND 3.25” ALUMINUM CAP IN RANGE BOX, PLS 29757, PER MON. REC. DATED 1-14-13, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15409. ATTACHMENT 1 -NORTH 1/4 CORNER OF SECTION 27, BEING A FOUND 3.25” BRASS CAP IN RANGE BOX, PLS 13212, PER MON. REC. DATED 5-5-06, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15509. POINT OF COMMENCEMENT AT THE NORTHWEST CORNER OF SECTION 27; THENCE N 89°39’35" E ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 27 A DISTANCE OF 662.91 FEET; THENCE S 00°11'55" E A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF MEADOW HAVEN SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 86051870 AND THE POINT OF BEGINNING; THENCE S 00°11'55" E ALONG THE WESTERLY LINE OF SAID MEADOW HAVEN SUBDIVISION AND THE EXTENSION THEREOF A DISTANCE OF 247.00 FEET TO A POINT ON THE NORTHERLY LINE OF WESTHAVEN SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 51495593; THENCE ALONG SAID NORTHERLY LINE OF WESTHAVEN SUBDIVISION THE FOLLOWING FOUR (4) COURSES: 1. N 84°09'48" W A DISTANCE OF 40.12 FEET; 2. N 66°49'07" W A DISTANCE OF 66.72 FEET; 3. N 70°16'31" W A DISTANCE OF 166.12 FEET; 4. N 43°14'39" W A DISTANCE OF 28.03 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF JOHNSON STREET; THENCE N 00°12'32" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 138.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE; THENCE N 89°39'35" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE A DISTANCE OF 276.48 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 55,957 SQUARE FEET, OR 1.2846 ACRES MORE OR LESS. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 25th day of June, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, July 23, 2018 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this twenty-fifth day of June, 2018. SIGNED by the Mayor on this _______ day of _______________, 2018. _____________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Janelle Shaver, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: