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HomeMy WebLinkAboutCouncil Agenda Packet 07-23-18 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING July 23, 2018 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF Council Minutes of July 9, 2018 and Study Session Notes of June 18, 2018 and July 2, 2018 PROCLAMATIONS AND AWARDS 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 PUBLIC HEARING AND ORDINANCES ON SECOND READING 1. Council Bill 17-2018 – 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) CITY COUNCIL AGENDA: July 23, 2018 Page -2- ORDINANCES ON FIRST READING 2. Council Bill 22-2018 – creating a new Section 26-643 of the Wheat Ridge Code of Laws prohibiting the use of Freestanding Emergency Room Facilities 3. Council Bill 21-2018 – adopting a new Section 2-9 of the Wheat Ridge Code of Laws concerning the Retention of Interest Earned on Escrow Accounts held by the City DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution No. 47-2018 – support of the recommendation to create RTD Youth and Low-Income Passes and Low Income Program for Families 5. Resolution No. 46-2018 – endorsing Statewide Transportation Sales Tax Solution CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO EXECUTIVE SESSION 1. Excess Revenue Obligations under TABOR ITEM NO: DATE: July 23, 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 July 23, 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. 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. 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. Council Action Form – Rezoning 9800 W. 38th Ave July 23, 2018 Page 3 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. 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 second reading and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely 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 second reading for the following reasons: 1. 2. 3. .” REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Lauren Mikulak, Planning Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 17-2018 2. Planning Commission staff report 3. Planning Commission public hearing minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER POND 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 7 to 0 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: June 28, 2018 2nd publication: Wheat Ridge Transcript: Effective Date: Planning Commission 1Case No. WZ-18-09/Laudick CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: June 7, 2018 CASE MANAGER: Meredith Reckert CASE NO. & NAME: WZ-18-09 / Laudick ACTION REQUESTED: Approval of a zone change from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) LOCATION OF REQUEST: 9800 W. 38th Avenue APPLICANT (S): Nathan Laudick OWNER (S): Athanas Group APPROXIMATE AREA: 1.28 acres PRESENT ZONING: Residential-One (R-1) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN(X)ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map Site Site ATTACHMENT 2 Planning Commission 2Case No. WZ-18-09/Laudick JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I.REQUESTCase No. WZ-18-09 is an application for approval of a zone change from Residential-One (R-1) toPlanned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 9800 W. 38nd Avenue. The purpose of the request is to allow construction of a new residential development on the property. Rezoning to a planned development in the City of Wheat Ridge is a two-step process. The first step is the Outline Development Plan, which, if approved, changes the zoning designation on the land, establishes allowed uses and development standards for the property, and establishes access configurations for vehicles and pedestrians. The second step in the process is the Specific Development Plan (SDP), which focuses on specific details of a development such as final drainage, architecture, lot layouts, and specific building location and orientation. The SDP must be found to be compliant with the ODP in order to be approved. The applicant is requesting a two-step approval process, which is permitted pursuant to Section 26-302 of the Municipal Code. The ODP document requires public hearings before the Planning Commission and the City Council, with the City Council being the final deciding body. If the ODP is approved, the applicant can apply for SDP approval. SDP applications must be heard at a public hearing before the Planning Commission, who is the final deciding body for SDP approval. II.EXISTING CONDITIONS/PROPERTY HISTORYThe site is located at 9800 W. 38th Avenue, just east of Kipling Street, at the southeast corner withJohnson Street. According to the Jefferson County Assessor, the property is 55,957 square feet (1.28 acres) in size and is unplatted. (Exhibit 1, Aerial Photo) 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 southeast to the northwest, 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 properties include a variety of land uses and zoning. (Exhibit 2, Zoning Map) 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. 38 th Avenue, are properties zoned R-2. (Exhibit 3, Site photos) Planning Commission 3Case No. WZ-18-09/Laudick III.OUTLINE DEVELOPMENT PLANAttached is a copy of the proposed Outline Development Plan (ODP), which contains two sheets (Exhibit 4, Outline Development Plan). The first page is a typical cover page with certifications, legaldescription and signature blocks. Also on the first page is a character of development statement, list ofpermitted uses, and other notes. The second page includes the conceptual layout of the property, which depicts building location, access and landscaped areas. Additionally, this page establishes the development standards that will govern future development on the site. Allowable Uses The applicant has proposed that the property be developed into eight duplexes. Also allowed, as accessory uses are home occupations and the keeping of household pets. The applicant has added notes prohibiting detached accessory structures, RV or boat storage in the project. These provisions are consistent with other recent Planned Residential Development single-family and duplex developments in the City Site Configuration The ODP depicts a 16-unit duplex development with two access points, one each from West 38th Avenue and Johnson Street connected with a private street. Eight duplexes with four on each side line the street. Units will be facing “out” toward either West 38th Avenue or the open space on the south. Parking will be provided by rear-loaded, two-car garages. Six overflow parking spots are provided at the entrances of the subdivision. There is also on-street parking on Johnson to accommodate three additional spaces. A large landscaped tract is shown on the southern portion of the site. This area will accommodate drainage detention and open space. A 5’ wide sidewalk is provided on the south side of the drive. An additional pedestrian walk is provided through the open space area. Development Standards The property is 1.2 acres in size, which means that the proposed density is 12.5 units/acre. Maximum density allowed in a planned residential development is 21 units per acre. Lot sizes range from 3100 square feet to 4300 square feet. The paired units will be required to have a 15’ front setback (from 38th Avenue or the open space tract). Side setbacks adjacent to right-of-way or development boundaries will be 15’ as well. Interior side setbacks are proposed as 5’. The aggregated open space requirement is a minimum of 30%. The maximum height permitted within the development is shown as 35’, which is consistent with the maximum height, permitted in residential zone districts in the City; however, the ODP indicates that the proposed duplexes will be two-story. Architecture The applicant has proposed architectural requirements with front facades and facades facing open space to have 30% masonry. A provision has also been included that prohibits flat, sloped roofs. Planning Commission 4 Case No. WZ-18-09/Laudick Onsite Drainage Design When a previously undeveloped parcel of land is developed, historic drainage patterns should be preserved as much as possible and the runoff flow entering and releasing from the site must be reduced to near original, undeveloped conditions. The preliminary drainage proposal for the Westhaven Duplex project has been analyzed by Public Works and sufficient measures are being taken to ensure that developed flows are being adequately addressed. The proposed development, while increasing impervious area, will reduce the 100-year runoff flow to rates below the flow rates of the undeveloped parcel with an underground detention structure. This reduction complies with Urban Drainage and Flood Control District criteria (UDFCD). Additionally, the detention structure will be oversized (if space allows), or hydrodynamic separators will be installed upstream of the detention structure to provide water quality treatment as required by the UDFCD. Historically, runoff has drained via sheet flow from the northeast to the southwest corner of the site. There is an existing drainage swale along the southern property boundary of the site to capture flows from the Westhaven Duplex site and adjacent parcels to the south and east. The runoff from the Westhaven Duplex site, once entering this swale, flows to the west to a culvert under Johnson St whereupon it flows north under 38th Avenue and then continues north until ultimately draining to Lena Gulch. Runoff for the proposed site will mimic the historical undeveloped runoff flows. An underground detention structure will be installed on the southern portion of the site and it will release to the existing swale on the southern border of the site. The proposed flows will then follow the same path as the historic flows ultimately draining to Lena Gulch. A full drainage report and final design will be required at the time of SDP and/or plat applications. Traffic Analysis Traffic from the existing site is not anticipated to have an impact on traffic in the neighborhood. Typically, Public Works will require a trip generation letter to determine the amount of traffic generated by a proposed development. The number of vehicular trips generated by the site is determined by a standardized method that utilizes the Institute of Transportation Engineers (ITE) Trip Generation Manual to determine the number of trips based on a proposed land use and number of units. The analysis for the Westhaven Duplexes indicates a total of 16 vehicular trips in the PM peak hour, generally between 4 PM – 6 PM. Public Works does not require a more detailed Traffic Impact Study for projects generating less than 60 trips in the peak hour. It has been demonstrated over time that sites generating less than 60 trips in the peak hour have a negligible impact on neighborhood traffic. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met. The applicant has provided his analysis for the zone change request. (Exhibit 5, Applicant letter) 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Planning Commission 5Case No. WZ-18-09/Laudick The change of zone promotes the health, safety, and general welfare of the community and will not result in significant adverse effects on the surrounding area. The property has been underutilized and has been the subject of nuisance violations for the owner including weeds, illegal parking and dumping violations. The Planned Residential Development zoning is expected to have a positive impact on the neighborhood both aesthetically and from a property value perspective. The project will serve as a transition between 38th Avenue and the lower density residential uses to the south and supports compatibility between the commercial land uses to the west and the Kipling and 38th Avenue corridors. Public Works has determined that the local streets are adequate to support the rezoning request. Staff concludes that this criterion has been met. 2.Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or areunder capacity. All responding agencies have indicated they can serve the property with improvements installed atthe developers’ expense. Should the zone change be approved, a more detailed review will occur atthe time of the Specific Development Plan. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditionsexists: a.The change of zone is in conformance, or will bring the property into conformance, withthe City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The existing Comprehensive Plan was adopted in 2009. The Structure Plan map in Envision Wheat Ridge illustrates the community’s vision by classifying different types of land use areasand transportation corridors. Planning Commission 6 Case No. WZ-18-09/Laudick The property is identified as a Neighborhood classification, which calls for places for people to own homes and thrive. Many times these areas are anchored by a school or park use. This location has both with Everett Middle school about a block to the north and Discovery Park adjacent to the west. The site also has proximity to the City’s recreation center, one of the most popular and heavily used rec centers in the metropolitan area The ‘red ring” in the image above identifies the 38th and Kipling intersection as a Community Commercial Center. Kipling is shown as a Primary Commercial Corridor represented by the red dots. Kipling is high on the list of redevelopment priorities, which has been realized through redevelopment of the Kipling Ridge shopping area. The new duplexes will provide homes that will support these commercial uses, and will have convenient access to the recreation amenities in the area. The structure plan is just one component of the Comprehensive Plan. There are other goals identified in the plan such as recognizing the need to improve underutilized property and encouraging revitalization of “problem” properties. This investment will help bring stability to the property, which has been underutilized, difficult to maintain and subject to Code Enforcement action. Other goals met will be to enhance the quality and character of Wheat Ridge’s established neighborhoods and increased housing options Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current R-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. Site Planning Commission 7 Case No. WZ-18-09/Laudick c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Development activity along the Kipling corridor continues to intensify with new commercial redevelopment to the west (Kipling Ridge development) on 38th Avenue and commercial reinvestment to the south at 26th Avenue (Gold’s Market). Kipling is classified as a Principal Arterial and carries over 39,000 vehicles per day (2016 count). West 38th Avenue is classified as an Arterial and carries over 13,000 vehicles per day east of Kipling (2011 count). It is constructed with two through lanes and a center turn lane. Improvements on the south side of 38th adjacent to the property frontage include curb, gutter and attached 5’ wide sidewalk The City of Wheat Ridge has also invested in the Kipling Street corridor. With the aid of federal funding, the City completed constuction of a multi-use trail along the east side of Kipling Street. Completion of this project resulted in a 10’-wide concrete trail extending from the Crown Hill Open space at the southeast corner of 32nd and Kipling north to West 44th Avenue, increasing pedestrian connections and safety. Based on increased traffic and intensification of land uses on the corridor, Staff concludes that there are changed conditions, which make this property less desirable for low-density residential use. The PRD zoning would provide a land use transition between 38th Avenue and the lower density residential neighborhoods to the south. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant was required to hold a neighborhood input meeting in accordance with section 26-109 of the Code of Laws. The meeting was held on March 27, 2018, with about fifteen attendees from the neighborhood present. Please refer to the neighborhood meeting notes attached as an exhibit. (Exhibits 6 and 7, neighborhood meeting notes and sign-up sheet) Two letters were received in response to the notice. (Exhibit 8, Letters received) Planning Commission 8 Case No. WZ-18-09/Laudick Staff would note that the proposed development has been modified since the neighborhood meeting in March. The original proposal was for 23 units configured as townhomes. In response to feedback from the neighbors, the plan was modified for sixteen duplex units. VI. AGENCY REFERRAL All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. An additional referral will be distributed during the SDP process. Specific referral responses follow. Consolidated Mutual Water District: Can serve the property subject to installation of improvements with the new development. Westridge Sanitation District: Has no objection to the development and has the ability to serve the property from Johnson Street or West 38th Avenue. West Metro Fire Protection District: Can serve the property. A new hydrant will be required to be installed at the west entrance to the development. Wheat Ridge Building Department: No comments. Wheat Ridge Parks Department: Will require fees in lieu of land dedication in the amount of $2497.29 per unit. Wheat Ridge Police: Can serve the new development. Wheat Ridge Public Works: Will require 1.5’ of right-of-way for Johnson Street and a 1’ strip along 38th Avenue at the time of SDP and plat. Has reviewed preliminary drainage and traffic data. Xcel Energy: Can serve. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change will provide a land use transition between 38th Avenue and the low-density neighborhood to the south. The redevelopment of the site could also serve as a catalyst for other investment in the area. Utility infrastructure is adjacent to and can serve the property with improvements installed at the developer’s expense. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-18-09. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-18-09, a request for approval of a zone change from Residential-One to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 9800 W. 38th, for the following reasons: Planning Commission 9 Case No. WZ-18-09/Laudick 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 zone 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 conditions: 1...” Option B: “I move to recommend DENIAL of Case No. WZ-18-09, a request for approval of a zone change from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 9800 W. 38th Avenue, for the following reasons: 1. 2. …” Planning Commission 10 Case No. WZ-18-09/Laudick EXHIBIT 1: AERIAL Site Planning Commission 11 Case No. WZ-18-09/Laudick EXHIBIT 2: ZONING MAP Site Site Planning Commission 12 Case No. WZ-18-09/Laudick EXHIBIT 3: SITE PHOTOS View looking northeast from Johnson Street Planning Commission 13 Case No. WZ-18-09/Laudick View looking east at adjacent homes View looking north toward 38th Avenue from Johnson Street Planning Commission 14 Case No. WZ-18-09/Laudick View looking east at 38th Avenue frontage View looking south at Johnson Street frontage Planning Commission 15 Case No. WZ-18-09/Laudick [See Attached] EXHIBIT 4: ODP DOCUMENT D R A W N B Y : C H E C K E D B Y : D A T E : R E V I S I O N : C O P Y R I G H T 2 0 1 8 T h i s d o c u m e n t i s a n i n s t r u m e n t o f s e r v i c e , a n d a s s u c h r e m a i n s t h e p r o p e r t y o f t h e E n g i n e e r . P e r m i s s i o n f o r u s e o f t h i s d o c u m e n t i s l i m i t e d a n d c a n b e e x t e n d e d o n l y b y w r i t t e n a g r e e m e n t w i t h L & L E n g i n e e r i n g , L L C . NATHAN LAUDICK, PE419.203.5000NATHAN@LAUDICKENG.COMDENVER, CO Contact: U T I L I T Y N O T I F I C A T I O N C E N T E R L & L E N G I N E E R I N G A S S U M E S N O R E S P O N S I B I L I T Y F O R U T I L I T Y L O C A T I O N S . T H E U T I L I T I E S S H O W N O N T H I S D R A W I N G H A V E B E E N P L O T T E D F R O M T H E B E S T A V A I L A B L E I N F O R M A T I O N . I T I S , H O W E V E R , T H E C O N T R A C T O R ' S R E S P O N S I B I L I T Y T O F I E L D V E R I F Y T H E L O C A T I O N O F A L L U T I L I T I E S P R I O R T O C O N S T R U C T I O N . 0 2 O F 0 1 1 " = 5 0 ' X X X X X X C O V E R S H E E T 0 4 / 0 5 / 2 0 1 8 B B 1 8 - 0 0 1 8 0 0 1 - C O V E R S H E E T . d w g B&B ENGINEERING, LLC WESTHAVEN DUPLEXES 9800 W. 38TH AVE., WHEAT RIDGE, CO 80033 B&B ENGINEERING, LLC6324 XAVIER CT.ARVADA, CO 80003CONTACT: NATHAN LAUDICK, PEPHONE: (419) 203-5000EMAIL: NATHAN@LAUDICKENG.COMCIVIL ENGINEER V I C I N I T Y M A P S I T E A P O R T I O N O F T H E N W 1 / 4 O F N W 1 / 4 O F S E C T I O N 2 7 , 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 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 WESTHAVEN D U P L E X 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 AN OUTLINE 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 A PARCEL OF LAND BEING A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THENORTHWEST 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 ASFOLLOWS:BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OFSECTION 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 RANGEBOX, PLS 29757, PER MON. REC. DATED 1-14-13, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO.15409.-NORTH 1/4 CORNER OF SECTION 27, BEING A FOUND 3.25” BRASS CAP IN RANGE BOX, PLS 13212, PERMON. 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 OF662.91 FEET;THENCE S 00°11'55" E A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF MEADOW HAVENSUBDIVISION, 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 THEEXTENSION THEREOF A DISTANCE OF 247.00 FEET TO A POINT ON THE NORTHERLY LINE OF WESTHAVENSUBDIVISION, 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 OFJOHNSON STREET;THENCE N 00°12'32" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 138.53 FEET TO A POINTON 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 OF276.48 FEET TO THE POINT OF BEGINNING.THE ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 55,957 SQUARE FEET, OR1.2846 ACRES MORE OR LESS.SEE SHEET 2 OF 2 FOR DEVELOPMENT STANDARDS SURVEYORSURVEY 303, LLCCONTACT: CHRIS MCELVAIN, PLS5368 LYNN DR.ARVADA, CO 80002PHONE: (303) 514-3668 OWNER / DEVELOPER 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 0 1 C O V E R S H E E T 0 2 P R E L I M I N A R Y S I T E P L A N LAUDICK & LAUDICK ENGINEERING1150 DELAWARE ST., SUITE 104DENVER, CO 80204CONTACT: NATHAN LAUDICK, PEPHONE: (419) 203-5000EMAIL: NATHAN@LAUDICKENG.COM T H E B E L O W S I G N E D O W N E R ( S ) , O R L E G A L L Y D E S I G N A T E D A G E N T ( S ) T H E R E O F , D O H E R E B Y A G R E E T H A T T H E P R O P E R T Y L E G A L L Y D E S C R I B E D H E R E O N W I L L B E D E V E L O P E D A S A P L A N N E D D E V E L O P M E N T I N A C C O R D A N C E W I T H T H E U S E S , R E S T R I C T I O N S A N D C O N D I T I O N S C O N T A I N E D I N T H I S P L A N , A N D A S M A Y O T H E R W I S E B E R E Q U I R E D B Y L A W . I ( W E ) F U R T H E R R E C O G N I Z E T H A T T H E A P P R O V A L O F A R E Z O N I N G T O P L A N N E D D E V E L O P M E N T , A N D A P P R O V A L O F T H I S O U T L I N E D E V E L O P M E N T P L A N , D O E S N O T C R E A T E A V E S T E D P R O P E R T Y R I G H T . V E S T E D P R O P E R T Y R I G H T S M A Y O N L Y A R I S E A N D A C C R U E P U R S U A N T T O T H E P R O V I S I O N S O F S E C T I O N 2 6 - 1 2 1 O F T H E W H E A T R I D G E C O D E O F L A W S . N A T H A N L A U D I C K B & B E N G I N E E R I N G , L L C S T A T E O F C O L O R A D O C O U N T Y O F J E F F E R S O N T H E F O R E G O I N G I N S T R U M E N T W A S A C K N O W L E D G E D B E F O R E M E T H I S D A Y O F , A . D . 2 0 B Y . W I T N E S S M Y H A N D A N D O F F I C I A L S E A L . M Y C O M M I S S I O N E X P I R E S : N O T A R Y P U B L I C O W N E R S C E R T I F I C A T E WESTHAVEN DUPLEXES PROPERTY DESCRIPTION - ZONING: A P P R O V E D T H I S D A Y O F , A . D . 2 0 B Y W H E A T R I D G E C I T Y C O U N C I L . A T T E S T C I T Y C L E R K M A Y O R C I T Y C E R T I F I C A T I O N R E C O M M E N D E D F O R A P P R O V A L T H I S D A Y O F , A . D . 2 0 B Y W H E A T R I D G E P L A N N I N G C O M M I S S I O N . C H A I R P E R S O N P L A N N I N G C O M M I S S I O N C E R T I F I C A T I O N S T A T E O F C O L O R A D O ) ) S S C O U N T Y O F J E F F E R S O N ) I H E R E B Y C E R T I F Y T H A T T H I S P L A N W A S F I L E D I N T H E O F F I C E O F T H E C O U N T Y C L E R K A N D R E C O R D E R O F J E F F E R S O N C O U N T Y A T G O L D E N , C O L O R A D O , A T O ' C L O C K . M . O N T H E D A Y O F , 2 0 A . D . I N B O O K , P A G E , R E C E P T I O N N O . . J E F F E R S O N C O U N T Y C L E R K A N D R E C O R D E R B Y : D E P U T Y C O U N T Y C L E R K A N D R E C O R D E R S C E R T I F I C A T E I, CHRISTOPHER H. MCELVAIN, DO HEREBY CERTIFY THAT THE SURVEY OF THEBOUNDARY OF WESTHAVEN DUPLEXES WAS MADE BY ME OR UNDER MY DIRECTSUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, INACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISEDEDITION AS AMENDED, THE ACCOMPANYING PLAN ACCURATELY REPRESENTS SAIDSURVEY.CHRISTOPHER H. MCELVAIN, PLS 36561, FOR AND ON BEHALF OF SURVEY303, LLC SURVEYOR'S CERTIFICATE T H E 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 W I L L E N H A N C E A N U N D E R U T I L I Z E D I N F I L L S I T E N E A R T H E I N T E R S E C T I O N O F 3 8 T H A N D K I P L I N G . T H E D E V E L O P M E N T W I L L P R O M O T E P E D E S T R I A N C O N N E C T I V I T Y A N D I N T E R A C T I O N W I T H T H E S U R R O U N D I N G C O M M U N I T I E S A N D C O M M E R C I A L C E N T E R S . I T W I L L P R O V I D E D U P L E X U N I T T Y P E S A N D M E E T S T H E C I T Y O F W H E A T R I D G E C O D E R E Q U I R E M E N T S O F S E C T I O N 2 6 - 3 0 1 C . 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 T R A N S I T I O N A L C O M M U N I T Y D E S I G N E D T O A L L O W B U F F E R I N G A N D D E N S I T Y T R A N S I T I O N F R O M T H E C O M M E R C I A L C E N T E R T O T H E W E S T A N D T H E D U P L E X E S T O T H E N O R T H A N D E A S T T O T H E L O W E R D E N S I T Y S I N G L E F A M I L Y N E I G H B O R H O O D T O T H E S O U T H . T H E N E I G H B O R H O O D F E A T U R E S A U N I Q U E C H A R A C T E R W I T H A V A R I E T Y O F A R C H I T E C T U R A L D E S I G N S . H O M E S W I L L F E A T U R E T R A D I T I O N A L A R C H I T E C T U R A L D E S I G N W H I L E I N C L U D I N G A V A R I E T Y O F M A T E R I A L S T H A T M E E T W H E A T R I D G E ' S A R C H I T E C T U R A L G U I D E L I N E S . T H E D E V E L O P M E N T F E A T U R E S A C O M M U N A L L A N D S C A P E D O P E N S P A C E A L L O W I N G R E S I D E N T S T O E N J O Y T H E N A T U R A L B E A U T Y O F T H E A R E A , W H I C H C R E A T E S C O M M U N I T Y S Y N E R G Y . M A T E R I A L S A N D C O L O R P A L E T T E S W I L L B E P R E D E T E R M I N E D I N T H E S P E C I F I C D E V E L O P M E N T P L A N T O A F F I R M C O N S I S T E N T S T R E E T S C A P E S . T H E C O M M U N I T Y W I L L F E A T U R E E N T R Y S I G N A G E W I T H T R E E S A N D L A N D S C A P I N G . T H E P E D E S T R I A N F R I E N D L Y N E I G H B O R H O O D A L L O W S C O N V E N I E N T A C C E S S T O B U S R O U T E S O N W 3 8 T H A V E . E A C H U N I T W I L L H A V E A T W O C A R G A R A G E , O N S T R E E T P A R K I N G W I L L B E P R O V I D E D O N J O H N S O N S T . , A N D S H A R E D V I S I T O R P A R K I N G W I L L A L S O B E P R O V I D E D O N S I T E . C H A R A C T E R O F N E I G H B O R H O O D : P R O J E C T L A N D U S E T A B L E U S E S Q U A R E F E E T 2 0 , 2 3 1 D U P L E X S T R U C T U R E M A X I M U M F O O T P R I N T A G G R E G A T E S T R E E T S / A L L E Y S T R A C T O P E N S P A C E / L A N D S C A P I N G 1 0 , 5 4 7 7 , 8 8 7 1 6 , 7 8 6 A C R E S 0 . 4 6 4 4 0 . 2 4 2 1 0 . 1 8 0 8 0 . 3 8 5 3 T H I S O U T L I N E D E V E L O P M E N T P L A N I S C O N C E P T U A L I N N A T U R E . S P E C I F I C D E V E L O P M E N T E L E M E N T S S U C H A S S I T E L A Y O U T A N D B U I L D I N G A R C H I T E C T U R E H A V E N O T B E E N A D D R E S S E D O N T H I S D O C U M E N T . A S A R E S U L 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 M U S T B E S U B M I T T E D A N D A P P R O V E D B Y T H E C I T Y O F W H E A T R I D G E P R I O R T O T H E S U B M I T T A L O F A R I G H T - O F - W A Y O R B U I L D I N G P E R M I T A P P L I C A T I O N A N D A N Y S U B S E Q U E N T S I T E D E V E L O P M E N T . O D P N O T E : P E R C I T Y O F W H E A T R I D G E S I T E D R A I N A G E R E Q U I R E M E N T S , W A T E R Q U A L I T Y F E A T U R E S M A Y B E L O C A T E D T H R O U G H O U T T H E S I T E , A N D A D E T E N T I O N F A C I L I T Y I S P R O P O S E D T O B E L O C A T E D I N T H E S O U T H W E S T C O R N E R O F T H E P R O P E R T Y . A F I N A L D R A I N A G E R E P O R T , D E S I G N , A N D E A S E M E N T S H A L L B E P R O V I D E D W I T H T H E S U B D I V I S I O N P L A T . T H E H O A W I L L B E R E S P O N S I B L E F O R M A I N T E N A N C E . D R A I N A G E C O N S I D E R A T I O N S : P R O P E R T Y L I E S O U T S I D E O F T H E 1 0 0 - Y E A R F L O O D P L A I N . F L O O D P L A I N T H I S P R O J E C T I S A N T I C I P A T E D T O H A V E O N L Y O N E P H A S E , H O W E V E R F U T U R E P H A S I N G , I F R E Q U I R E D , W I L L N O T R E Q U I R E A M E N D M E N T T O T H I S P L A N . P H A S I N G : C A S E # : W Z - 1 8 - 0 9 C A S E H I S T O R Y : 1. INTENT:1.1. THIS PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (PRD) ISESTABLISHED TO PROVIDE FOR A QUALITY RESIDENTIAL NEIGHBORHO O D , CONSISTING OF DUPLEXES THAT ARE COMPATIBLE WITH ADJACENTEXISTING RESIDENTIAL AND OPEN SPACE USES.2. USES:2.1. ALLOWED USES2.1.1. DUPLEX DWELLINGS2.1.2. OPEN SPACE2.2. ACCESSORY USES2.2.1. HOME OCCUPATION2.2.2. HOUSEHOLD PETSQUASI-PUBLIC AND PUBLIC UTILITY LINES, STORM DRAINAGE, SANITARY SEWERAND WATER SUPPLY FACILITIES.DETACHED ACCESSORY STRUCTURES ARE NOT ALLOWED.RV AND BOAT STORAGE ARE NOT ALLOWED.ALLOWED USES: 5 5 , 4 5 1 . 4 3 T O T A L P R O J E C T A R E A 1 . 2 7 2 9 % 3 6 . 4 8 1 9 . 0 2 1 4 . 2 2 3 0 . 2 8 1 0 0 D I R E C T O R O F C O M M U N I T Y D E V E L O P M E N T L O T O P E N S P A C E / L A N D S C A P I N G D:\Projects\2018\BB18-001 - 38th & Kipling\ODP\8001 - COVER SHEET.dwg, 5/24/2018 9:11:06 AM, PDF.pc3 W. 38th AVENUEPublic Right-of-Way Varies ( P a v e d ) JOHNSON STREET50' Wide Public Right-of-Way (Paved) Lot 4-B of Meadow Haven Sub.Owner: Connie G NotzPin: 39-272-05-022Address: 3725 Iris CtNOT A PART Lot 1 of Meadow Haven Sub.Owner: VIC INC.Pin: 39-272-05-001 Property Address: 3735 Iris CtNOT A PART L o t 8 - B , 9 - B & 1 0 , B l o c k 1 , W e s t h a v e n O w n e r : D o n a l d P M a c D o u g a l l P i n : 3 9 - 2 7 2 - 0 5 - 0 1 7 P r o p e r t y A d d r e s s : 9 8 1 5 W 3 7 t h A v e N O T A P A R T L o t 1 1 , B l o c k 1 , W e s t h a v e n Ow n e r : J a c q u e l y n T W a d e T r u s t P i n : 3 9 - 2 7 2 - 0 5 - 0 1 9 Prop e r t y A d d r e s s : 9 8 4 5 W 3 7 t h A v e N O T A P A R T Lot 12, Block 1, WesthavenOwner: Margaret NelsonPin: 39-272-05-020Property Address: 9865 W 37th AveNOT A PART IRIS COURT 40' Wide Public Right-of-Way (Paved) Lot 4-A of Meadow Haven Sub.Owner: Jeffrey NewlinPin: 39-272-05-002Property Address: 3715 Iris CtNOT A PART L o t 1 0 L o t 9 - B DUP-1DUP-6 D U P - 7 D U P - 8 R 2 - A R 2 - A R 2 - A R 1 R 1 R1 R2PCD R 1 DUP-2 D U P - 3 D U P - 4 DUP-5AA B B O P E N S P A C E C O M M U N I T Y G A R D E N S D R A W N B Y : C H E C K E D B Y : D A T E : R E V I S I O N : C O P Y R I G H T 2 0 1 8 T h i s d o c u m e n t i s a n i n s t r u m e n t o f s e r v i c e , a n d a s s u c h r e m a i n s t h e p r o p e r t y o f t h e E n g i n e e r . P e r m i s s i o n f o r u s e o f t h i s d o c u m e n t i s l i m i t e d a n d c a n b e e x t e n d e d o n l y b y w r i t t e n a g r e e m e n t w i t h L & L E n g i n e e r i n g , L L C . NATHAN LAUDICK, PE419.203.5000NATHAN@LAUDICKENG.COMDENVER, CO Contact: U T I L I T Y N O T I F I C A T I O N C E N T E R L & L E N G I N E E R I N G A S S U M E S N O R E S P O N S I B I L I T Y F O R U T I L I T Y L O C A T I O N S . T H E U T I L I T I E S S H O W N O N T H I S D R A W I N G H A V E B E E N P L O T T E D F R O M T H E B E S T A V A I L A B L E I N F O R M A T I O N . I T I S , H O W E V E R , T H E C O N T R A C T O R ' S R E S P O N S I B I L I T Y T O F I E L D V E R I F Y T H E L O C A T I O N O F A L L U T I L I T I E S P R I O R T O C O N S T R U C T I O N . 0 2 O F 0 2 1 " = 2 0 ' N A L N A L P R E L I M I N A R Y S I T E P L A N 0 4 / 0 5 / 2 0 1 8 B B 1 8 - 0 0 1 8 0 0 1 - O D P S I T E P L A N - 1 6 . d w g B&B ENGINEERING, LLC WESTHAVEN DUPLEXES 9800 W. 38TH AVE., WHEAT RIDGE, CO 80033 L E G E N D A P O R T I O N O F T H E N W 1 / 4 O F N W 1 / 4 O F S E C T I O N 2 7 , 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 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 WESTHAVEN D U P L E X 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 AN OUTLINE 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 N S W E D E V E L O P M E N T S T A N D A R D S : 1 . U S E A R E A S : a . T H E E N T I R E P R O J E C T A R E A S H A L L B E U T I L I Z E D F O R D U P L E X ( D U P ) H O M E S . 2 . M A X I M U M H E I G H T : 3 5 F E E T a . L O T S D U P 5 - D U P 8 S H A L L B E L I M I T E D T O T W O S T O R I E S 3 . D U P M A X I M U M D E N S I T Y : 1 6 U N I T S 4 . M I N I M U M S E T B A C K S ( M E A S U R E D T O F O U N D A T I O N ) a . F R O N T S E T B A C K = 0 ' O R M I N I M U M 1 5 ' F R O M P R O J E C T B O U N D A R Y b . S I D E S E T B A C K = 5 ’ O R 1 5 ' F R O M P R O J E C T B O U N D A R Y c . S I D E S E T B A C K A T S H A R E D D U P L E X W A L L = 0 ' d . R E A R / A L L E Y S E T B A C K = 0 ' e . M I N I M U M B U I L D I N G S E P A R A T I O N = 1 0 ' f . B U I L D I N G S E T B A C K E N C R O A C H M E N T S A R E P E R M I T T E D I N C O N F O R M A N C E W I T H S E C T I O N 2 6 - 6 1 1 O F T H E W H E A T R I D G E M U N I C I P A L C O D E . 5 . P A R K I N G a . O F F - S T R E E T P A R K I N G : A L L H O M E S W I L L H A V E T W O - C A R G A R A G E S . 6 . 1 . V I S I T O R P A R K I N G : a . P R O J E C T T O P R O V I D E A M I N I M U M O F F O U R O N S I T E P A R K I N G S P A C E S . b . O F F S T R E E T P A R K I N G S P A C E S C R E A T E D O N J O H N S O N S T R E E T . 7 . L A N D S C A P I N G : a . P R O J E C T T O H A V E M I N I M U M O P E N S P A C E O F 3 0 % I N A G G R E G A T E B E T W E E N T R A C T S A N D L O T S . b . A L L L A N D S C A P I N G S H A L L B E I N C O N F O R M A N C E W I T H S E C T I O N 2 6 - 5 0 2 L A N D S C A P I N G R E Q U I R E M E N T S 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 O F L A W S . 8 . E X T E R I O R L I G H T I N G : A L L L I G H T I N G S H A L L B E I N C O N F O R M A N C E W I T H S E C T I O N 2 6 - 5 0 3 E X T E R I O R L I G H T I N G 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 O F L A W S . 9 . S I G N A G E : A L L S I G N A G E S H A L L B E I N C O N F O R M A N C E W I T H A R T I C L E V I I S I G N C O D E 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 O F L A W S , E X C E P T A S F O L L O W S F O R F R E E S T A N D I N G S U B D I V I S I O N S I G N . a . M A X I M U M N U M B E R : 1 b . M A X I M U M S I G N A R E A : 3 6 S . F . c . M I N I M U M S E T B A C K : 0 ’ ( S H A L L N O T I N T E R F E R E W I T H S I G H T D I S T A N C E T R I A N G L E ) d . M A X I M U M H E I G H T : 5 ’ 1 0 . F E N C I N G : A L L F E N C I N G S H A L L B E I N C O N F O R M A N C E W I T H S E C T I O N 2 6 - 6 0 3 F E N C I N G 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 O F L A W S . 1 1 . A R C H I T E C T U R A L A N D S T R E E T S C A P E D E S I G N a . S T R E E T S C A P E D E S I G N S H A L L B E I N C O N F O R M A N C E W I T H T H E S T R E E T S C A P E D E S I G N M A N U A L . b . D U P L E X A R C H I T E C T U R E : b . a . F A C A D E S F A C I N G P U B L I C R . O . W . A N D / O R O P E N S P A C E S H A L L U T I L I Z E T H E S A M E A R C H I T E C T U R A L T R E A T M E N T S A S F R O N T F A C A D E S b . b . N O T W O A D J A C E N T S T R U C T U R E S S H A L L U T I L I Z E T H E S A M E A R C H I T E C T U R A L L Y D E T A I L E D E L E V A T I O N . b . c . A M I N I M U M O F 3 0 % M A S O N R Y O F B R I C K , B R I C K V E N E E R , S T U C C O , S T O N E , S T O N E V E N E E R , S Y N T H E T I C S T O N E , O R O T H E R A P P R O V E D M A S O N R Y M A T E R I A L S S H A L L B E A P P L I E D O N F R O N T E L E V A T I O N S A N D S I D E S F A C I N G P U B L I C R O W S O R O P E N S P A C E . b . d . F R O N T D O O R S S H O U L D B E O R I E N T E D T O W A R D S T H E 3 8 T H A V E P U B L I C R I G H T - O F - W A Y O R O P E N S P A C E . b . e . R O O F S - N O S T R U C T U R E S H A L L H A V E S I N G L E P L A N E F L A T R O O F T Y P I C A L J O H N S O N S T R E E T S E C T I O N S E C T I O N A - A TYPICAL PRIVATE DRIVE SECTIONSECTION B-B ℄⅊⅊D:\Projects\2018\BB18-001 - 38th & Kipling\ODP\8001 - ODP SITE PLAN-16.dwg, 5/24/2018 9:11:57 AM, PDF.pc3 Planning Commission 17 Case No. WZ-18-09/Laudick EXHIBIT 5: APPLICANT LETTER Planning Commission 18 Case No. WZ-18-09/Laudick Planning Commission 19 Case No. WZ-18-09/Laudick EXHIBIT 6: NEIGHBORHOOD MEETING NOTES Planning Commission 20 Case No. WZ-18-09/Laudick Planning Commission 21 Case No. WZ-18-09/Laudick Planning Commission 22 Case No. WZ-18-09/Laudick EXHIBIT 7: NEIGHBORHOOD MEETING SIGN-UP Planning Commission 23 Case No. WZ-18-09/Laudick Planning Commission 24 Case No. WZ-18-09/Laudick EXHIBIT 8: LETTERS Planning Commission 25 Case No. WZ-18-09/Laudick ATTACHMENT 3 ITEM NO: DATE: July 23, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2018 – AN ORDINANCE CREATING A NEW SECTION 26-643 OF THE WHEAT RIDGE CODE OF LAWS PROHIBITING THE USE OF FREESTANDING EMERGENCY ROOM FACILITIES PUBLIC HEARING ORDINANCES FOR 1ST READING (7/23/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (8/13/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: This ordinance revises the code of Laws to prohibit freestanding emergency room facilities throughout the City. PRIOR ACTION: The Council adopted a moratorium on new freestanding emergency rooms to enable the staff and council to review the city’s regulatory options. The moratorium was extended to August 27, 2018. On June 18, City Council directed that an ordinance be brought forth prohibiting this use throughout the City. FINANCIAL IMPACT: The potential loss of license, permit, application and similar fees associated with applications for freestanding emergency room (ER) facilities is nominal. BACKGROUND: Freestanding ERs continue to increase in number and popularity. In Colorado, the number of freestanding ERs rose from two in 2012 to at least 35 by mid-2016. These facilities provide emergency medical treatment and care similar to a hospital-based ER. Ambulances deliver to these freestanding facilities and many offer more sophisticated on-site services – such as Council Action Form – Prohibit Use of Freestanding ERs July 23, 2018 Page 2 radiology and lab services – than urgent care facilities. These types of facilities continue to be unregulated by the state. Freestanding ERs likely generate land use impacts that are more akin to hospitals than to other medical facilities, such as clinics, doctor’s offices and urgent-care facilities. Unlike these other types of medical facilities, freestanding ERs accommodate ambulance and other emergency- vehicle traffic and they are often open 24/7. They produce light, noise, glare and traffic beyond that of a non-emergent medical care facility. It is therefore appropriate to study and evaluate whether the City’s existing zoning regulations adequately address freestanding ER facilities. In the past, there have been media stories on freestanding ERs and patient confusion between freestanding ERs and urgent care facilities. Because freestanding ERs are not currently licensed or regulated by the state, patients may also be uninformed about the relative costs, benefits, advantages and disadvantages of visiting a freestanding ER versus a hospital-based ER. It was therefore appropriate for Council to study and evaluate whether the City should enter the licensing arena specific to these facilities and adopt some local licensing requirements for them. The Council has the authority to prohibit this use throughout the City. The attached ordinance does so. RECOMMENDATIONS: Council options include: 1. Approve the ordinance as presented on first reading 2. Approve the ordinance on first reading with amendment(s) 3. Postpone consideration of the ordinance indefinitely 4. Extend the temporary moratorium Staff recommends approving the ordinance as presented. RECOMMENDED MOTIONS: “I move to approve Council Bill No. 22-2018 - an ordinance creating a new section 26-643 of the Wheat Ridge Code of Laws prohibiting the use of freestanding emergency room facilities, on first reading, order it published, public hearing set for Monday, August 13, 2018, at 7:00 p.m. in City Council Chambers, and that it take effect immediately upon Council adoption.” Or, “I move to postpone indefinitely Council Bill No. 22-2018 – an ordinance creating a new section 26-643 of the Wheat Ridge Code of Laws prohibiting the use of freestanding emergency room facilities for the following reason(s) _________________.” Council Action Form – Prohibit Use of Freestanding ERs July 23, 2018 Page 3 REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 22-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ Council Bill No. 22 Ordinance No. _______ Series 2018 TITLE: AN ORDINANCE CREATING A NEW SECTION 26-643 OF THE WHEAT RIDGE CODE OF LAWS PROHIBITING THE USE OF FREESTANDING EMERGENCY ROOM FACILITIES WHEREAS, the City of Wheat Ridge (“City”) is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to enact laws to govern and regulate the use of land within its territory; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council (“Council”) previously adopted local land use regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (“Code”); and WHEREAS, City staff has previously interpreted the City’s current zoning regulations as permitting freestanding emergency room facilities to locate within the Mixed Use-Commercial and Planned Hospital Development zone districts only; and WHEREAS, the Council found that freestanding emergency room facilities may cause land use impacts that are different than those caused by other detached health care facilities due to the extended hours that emergency facilities may be open; and WHEREAS, approximately two years ago, in response to the increase in the number and popularity of freestanding emergency room facilities over the past several years, the Council determined that it was necessary and desirable to examine the City’s zoning laws and business licensing regulations governing freestanding emergency room facilities; and WHEREAS, additionally, the Council and City staff held a reasonable belief that the state legislature might adopt statewide legislation governing freestanding emergency room facilities that could potentially affect the desired parameters of local regulations on the topic, during either the last few legislative sessions; and WHEREAS, as a result, by and through the adoption of Ordinance No. 1595, the Council previously acted to impose a one-year moratorium on the submission, acceptance, processing, and approval of all applications and requests for a permit, license, land use approval or other approval for any freestanding emergency room facility; and WHEREAS, the Council and City staff learned that it was unlikely that the state legislature will adopt such legislation during the current session; and ATTACHMENT 1 2 WHEREAS, the Council therefore found it prudent and desirable to extend the moratorium, to permit the careful study and evaluation of various local regulatory options with an expectation that such regulations would operate without an additional state regulatory gloss; and WHEREAS, the Council has now determined that it is in the best interests of the safety, health and welfare of the citizens of Wheat Ridge to prohibit the use of freestanding emergency room facilities within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Findings. The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council. Section 2. Chapter 26 of the Wheat Ridge Code of Laws is amended by the adoption of a new section 26-643 as follows: Sec. 26-643. – Freestanding Emergency Room Facilities. A. For purposes of this Section, freestanding emergency room facilities shall mean and include a medical facility that is not physically attached to a hospital facility that has the capability of providing medical care and services to patients with emergency medical conditions in a manner similar to emergency rooms located within hospitals. Features of a freestanding emergency room facility may include, but are not limited to, expanded hours of operation, drive-lanes or vehicle bays to accommodate ambulance arrivals and departures, board-certified emergency physicians, board-certified emergency nurses, on-site lab and imaging capabilities and similar equipment, services and treatments not commonly available in urgent-care facilities. B. The use of freestanding emergency room facilities, as defined in this Section, is strictly prohibited in all zone districts within the City. Section 3. The “Table of Uses – Commercial and Industrial Districts” Chart set forth in Section 26-204 of the Wheat Ridge Code of Laws, regarding “zone district use schedule,” is hereby amended by inserting a new row in the appropriate alphabetical order concerning freestanding emergency room facilities as follows: Table of Uses – Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I-E Freestanding emergency room facilities 3 Section 4. The “Permitted Uses” Chart set forth in Section 26-1111 of the Wheat Ridge Code of Laws, concerning permitted uses in mixed-use zone districts, is hereby amended by inserting a new row in the appropriate alphabetical order concerning freestanding emergency room facilities as follows: Permitted Uses Use Group MU-C MU-C Interstate MU-C TOD MU-N Freestanding emergency room facilities NP NP NP NP Section 5. The moratorium on the submission, acceptance, processing, and approval of all applications and requests for a permit, license, land use approval or other approval for any freestanding emergency room facility imposed by Ordinance 1595 and extended by Ordinance 1616 and Ordinance 1634 is hereby repealed, upon the effective date of this ordinance. Section 6. Effective Date. This Ordinance shall take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ______ to ______ on this 23rd day of July, 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 August 13, 2018, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______, this ________ day of _____________________, 2018. SIGNED by the Mayor on this ________ day of ____________________, 2018. Bud Starker, Mayor 4 ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: ITEM NO: DATE: July 23, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 21-2018 – AN ORDINANCE ADOPTING A NEW SECTION 2-9 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE RETENTION OF INTEREST EARNED ON ESCROW ACCOUNTS HELD BY THE CITY PUBLIC HEARING ORDINANCES FOR 1ST READING (07/23/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/13/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ City Treasurer City Manager ISSUE: City Treasurer DiTullio has determined that there is a significant cost associated with City staff receiving and administering monies deposited into multiple escrow accounts for various purposes mandated by the Code of Laws. Exact accounting and record keeping of each small escrow account and interest earned thereon would be extremely burdensome and impractical for City staff to reasonably achieve. This code amendment will allow the City to retain interest on such escrow accounts. Treasurer DiTullio has reviewed the ordinance and supports the code change. Additionally, the treasurer also recommends that all future escrow documents clearly state that escrow funds are not paid interest. PRIOR ACTION: The City Treasurer advised City Council of this issue at a previous City Council meeting and the City Attorney received consensus from City Council at the July 9 regular meeting to bring forward an ordinance for first reading. FINANCIAL IMPACT: The current escrow accounts with the City are estimated to generate approximately $3,000 of interest annually. Council Action Form – Retention of Interest on Escrow Accounts July 23, 2018 Page 2 BACKGROUND: City Treasurer DiTullio has been transferring funds to the local government investment pool, CSAFE, to earn a more competitive interest rate on taxpayers’ funds, including escrow accounts. The Treasurer has raised the question to the City Attorney if the City is legally required to pay interest on escrow accounts. The City Attorney has determined the answer is no. The City should not be required to track or provide accounting for interest earned on multiple and small escrow accounts. Such retained interest will compensate the City, in part, for its cost of escrow account administration. This code amendment applies to escrow held and maintained by the City under the Code of Laws, including, but not limited to the following: (1) Commercial or industrial projects (Sec 5-45) (2) Permits for work in the public ways, streets and sidewalks (Sec 21-20 and 21-52) (3) Enhanced sales tax incentive program (Sec 22-82) (4) Business development zone program (Sec. 22-92) (5) Landscaping (Sec 26-502) RECOMMENDED MOTION: “I move to approve Council Bill No. 21-2018, an ordinance adopting a new section 2-9 of the Wheat Ridge Code of Laws concerning the retention of interest earned on escrow accounts held by the City, on first reading, order it published, public hearing set for Monday, August 13, 2018, at 7:00 pm in City Council Chambers, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 21-2018, an ordinance adopting a new section 2-9 of the Wheat Ridge Code of Laws concerning the retention of interest earned on escrow accounts held by the City, for the following reason(s):_____________________________.” REPORT PREPARED/REVIEWED BY: Jerry DiTullio, City Treasurer Jerry Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 21-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ Council Bill No. 21 Ordinance No. _______ Series 2018 TITLE: AN ORDINANCE ADOPTING A NEW SECTION 2-9 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE RETENTION OF INTEREST EARNED ON ESCROW ACCOUNTS HELD BY THE CITY WHEREAS, the City of Wheat Ridge (“City”) is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to enact laws to govern and regulate the development of land and the construction and design of public and private improvements within its territory; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council (“Council”) previously adopted regulations, codified within the Wheat Ridge Code of Laws (“Code”), including the requirement that escrow accounts be established from time to time; and WHEREAS, the Council determines that there is a significant cost associated with City staff receiving and administering monies deposited into escrow accounts for various purposes mandated by the Code and by the City staff executing its duties enumerated with the Code; and WHEREAS, exact accounting and record keeping of each small escrow account and interest earned would be extremely burdensome and impractical for City staff; and WHEREAS, the Council further determines that the City staff should not be required to track or provide accounting for interest earned on escrow accounts; and WHEREAS, the Council has now determined that it is in the best interests of the safety, health and welfare of the citizens of Wheat Ridge to retain interest earned on escrow accounts held by the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Findings. The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council. Section 2. Chapter 2 of the Wheat Ridge Code of Laws is amended by the adoption of a new section 2-9 as follows: Sec. 2-9. – Retention of Interest Earned on Escrow Accounts. (a) Legislative Findings. The City Council hereby finds and determines: 2 (1) There is a significant cost associated with City staff receiving and administering monies deposited into escrow accounts for various purposes mandated by the Code of Laws and by the City Manager and his or her delegates executing their duties enumerated with the Code of Laws. (2) Exact accounting and record keeping of each small escrow account and interest earned thereon would be extremely burdensome and impractical for City staff to reasonably achieve. (3) The City should not be required to track or provide accounting for interest earned on escrow accounts. (4) The City should retain any interest that may be earned while monies are held in escrow accounts. (5) Such retained interest will compensate the City, in part, for its costs of escrow account administration. (b) Applicability. This Section applies to escrow held and maintained by the City under the Code of Laws, including, but not limited to the following: (1) Commercial or industrial projects (Sec 5-45) (2) Permits for work in the public ways, streets and sidewalks (Sec 21-20 and 21-52) (3) Enhanced sales tax incentive program (Sec 22-82) (4) Business development zone program (Sec. 22-92) (5) Landscaping (Sec 26-502) (c) Interest Retained. Any interest earned by the City on escrow accounts held and maintained by the City shall be retained by the City. There shall be no expectation that the City return or provide accounting for said interest. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ______ to ______ on this 23rd day of July, 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 August 13, 2018, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______, this ________ day of _____________________, 2018. SIGNED by the Mayor on this ________ day of ____________________, 2018. ATTACHMENT 1 3 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: ITEM NO: DATE: July 23, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 47-2018 – A RESOLUTION IN SUPPORT OF THE RECOMMENDATION TO CREATE RTD YOUTH AND LOW-INCOME PASSES AND LOW INCOME PROGRAM FOR FAMILIES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: RTD’s rider pass programs were evaluated by a 25-member working group. This resolution supports the working group’s recommendation to create RTD youth and low-income passes and low income program for families. PRIOR ACTION: Consensus was reached at the July 16 study session to bring forward a resolution of support for City Council consideration at the July 23 regular meeting. FINANCIAL IMPACT: There would be no direct financial impact to the City. BACKGROUND: The 25-member working group convened in March 2017 to evaluate RTD’s pass programs completed its yearlong effort in February with the creation of a recommendation that will be reviewed by RTD staff and considered for approval by the agency’s board of directors. With board approval, the earliest the public could experience any change resulting from the group’s recommendation would be early 2019. CAF – RTD Youth and Low-Income Passes and Low Income Program for Families July 23, 2018 Page 2 Individuals involved in the pass program study included members of RTD staff and external stakeholders representing schools, businesses, municipalities, neighborhood groups and advocacy organizations. The group was asked to determine whether changes should be made to RTD’s pass programs, ultimately addressing the question of whether RTD is offering the public the passes they want and need and pricing them appropriately. It formulated several options, all of which were modeled by a consultant for their impact on total fare revenue and ridership. Participants in the study had been asked to consider eight guiding principles in their work: brand loyalty, convenience, cost-effectiveness, equitable access, increased ridership, an ability to meet strategic budget plan targets, revenue certainty and simplifying rider-operator interactions. Elements of the group’s recommendation include: • Adding a low-income pass, which would provide a 40 percent discount to qualifying riders whose incomes are at or below 185 percent of the federal poverty guidelines. This pass effectively serves as an expansion of the existing RTD nonprofit program, which has been in place for decades to assist low-income riders and would be retained. • Adding a youth pass, which would discount the fare for riders 13 through 19 years old by 70 percent. Individuals 12 years old and younger would ride free with a fare-paying rider. • Retaining EcoPass, Neighborhood EcoPass and CollegePass and pricing them based on updated service level areas (for EcoPass) and value of the trips taken (for Neighborhood EcoPass and CollegePass). Price increases of more than 20 percent for EcoPass holders, neighborhoods and higher education institutions would be phased in over three years. The working group has no inherent authority to make changes to pass programs. RTD staff this year will conduct an extensive review of the group’s recommendation and provide periodic updates to the board. Public meetings explaining changes that could result from the recommendation will take place later this year, and the details of those meetings will be posted on this webpage once they are scheduled. A board decision could take place later this year. RECOMMENDED MOTION: “I move to approve Resolution No. 47-2018, a resolution in support of the recommendation to create RTD Youth and Low-Income Passes and Low Income Program for Families.” Or, “I move to postpone indefinitely Resolution No. 47-2018, a resolution in support of the recommendation to create RTD Youth and Low-Income Passes and Low Income Program for Families for the following reason(s) _________________.” CAF – RTD Youth and Low-Income Passes and Low Income Program for Families July 23, 2018 Page 3 REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 47-2018 2. RTD Working Group Report CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 47 Series of 2018 TITLE: A RESOLUTION IN SUPPORT OF THE RECOMMENDATION TO CREATE RTD YOUTH AND LOW-INCOME PASSES AND LOW INCOME PROGRAM FOR FAMILIES WHEREAS, most students are transit dependent because they are either too young to drive or do not have reliable transportation. Access to affordable, equitable RTD youth transit passes would significantly improve mobility opportunities for them; and, WHEREAS, a youth pass would be a tremendous benefit for Jeffco Public School students because it would provide them with another transportation opportunity to get to school; it would give students better access to amenities such as libraries, recreation centers, swimming pools, and cultural facilities like museums and the zoo; and all youth would have more affordable access to after-school and summer jobs; and, WHEREAS, many communities have created a road map to provide youth or high school students with free transit passes including Baltimore, MD; Fort Collins, CO; New York, NY; Portland, OR; Seattle, WA; Washington, DC, and Alameda County, CA; and, WHEREAS, Jeffco Public School students would still be asked to spend a significant amount of money for their RTD pass because even with the proposed 70% discount a monthly local pass would cost youth $34, which is roughly $410 a year, and a monthly regional pass would cost roughly $60, which is about $718 for the year; and, WHEREAS, according to RTD’s own consultants, there is no financial cost to RTD in allowing children up to 12-years-old to ride for free compared to the current RTD policy that allows children 5 years of age or younger to ride for free; and, WHEREAS, Jeffco Public Schools have an average free and reduced lunch percentage of 32% with several school communities over 80%. The proposed low-income pass would have a positive impact for many families in our community because affordable transit can significantly improve social and economic inclusion; and, WHEREAS, the economic and social impact of the proposed RTD low-income and youth passes would help bridge the growing economic gap between the wealthy and under-resourced individuals, promote a fairer public transit system, and build a more progressive region; and, WHEREAS, individuals and families living below the poverty line should not be subjected to additional undue hardship when unable to afford the bus fare required to fulfill their basic human needs; and, ATTACHMENT 1 WHEREAS, affordable transit can have significant and positive implications for social and economic inclusion for those with the lowest levels of mobility and income; and, WHEREAS, families and individuals can immediately feel the impact of lowering the cost of transit by 50%, allowing them to increase their ability to realize economic mobility and break the cycle of poverty; and, WHEREAS, RTD is committed to a public process throughout the Pass Program Working Group and should commit to further public input through the implementation process; and, WHEREAS, the proposed RTD low-income and youth passes and low-income program for families would make the metro area a more equitable place to live and work by ensuring that our public transportation system – and the economic opportunities it provides – is both affordable and accessible to all. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wheat Ridge, Colorado, urges the Regional Transportation District Board of Directors to approve the RTD Pass Program Working Group’s recommendations to create a youth pass with a 70% discount for youth ages 13 to 19 years for individual fares, day and monthly passes, and provide free transit for youth 12 years of age and younger who are accompanied by a fare-paying rider; and, BE IT FURTHER RESOLVED that the City Council of the City of Wheat Ridge, Colorado also urges the Regional Transportation District Board of Directors to approve the creation of a low-income program with a 50% discount for those living at or below 185% of the Federal Poverty Level raising funds from new sources to help cover the cost as recommend by most of the RTD Pass Program Working Group to support families in Jeffco Public Schools. DONE AND RESOLVED this 23rd day of July, 2018. By: _____________________________ Bud Starker, Mayor ATTEST: ______________________________ Janelle, Shaver, City Clerk ATTACHMENT 2 ITEM NO: DATE: July 23, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 46-2018 – A RESOLUTION ENDORSING A STATEWIDE TRANSPORTATION SALES TAX SOLUTION PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: A coalition of organizations from across the state of Colorado are advocating for a 0.62% increase in the state’s sales tax rate to increase revenue for transportation projects. The Let’s Go, Colorado campaign is collecting the necessary signatures to include a question on the November 2018 ballot. This resolution endorses the proposed ballot question. PRIOR ACTION: Representatives from the Let’s Go, Colorado campaign presented detailed information about the sales tax initiative to City Council at the July 16 study session. FINANCIAL IMPACT: The City of Wheat Ridge would potentially receive $1.1 million in new transportation funding in the first year or $33 million over a 20-year period. Jefferson County is projected to receive $10.5 million in the first year or $297 million over a 20-year period. BACKGROUND: The proposed tax increase is projected to generate $767 million in revenue from sales tax in the first year for transportation projects statewide. The new revenues would be distributed to the State Highway Fund (45%), cities (20%), and counties (20%) and to the Multimodal Options Fund (15%). The tax increase would sunset after 20 years. Council Action Form – Endorsing Statewide Transportation Sales Tax July 23, 2018 Page 2 RECOMMENDED MOTION: “I move to approve Resolution No. 46-2018, a resolution endorsing a statewide transportation sales tax.” Or, “I move to postpone indefinitely Resolution No. 46-2018, a resolution endorsing a statewide transportation sales tax for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 46-2018 2. Let’s Go, Colorado Flyer ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 46 Series of 2018 TITLE: A RESOLUTION ENDORSING A STATEWIDE TRANSPORTATION SALES TAX SOLUTION WHEREAS, a modern, safe and efficient 21st century transportation system is essential to Colorado’s quality of life and the health of our economy; and WHEREAS, Colorado’s population has grown nearly 60 percent since 1991, while state transportation spending per driver, adjusted for inflation, has been cut in half over that same time period; and WHEREAS, increased demands on our roads and bridges have resulted in increased traffic congestion, lost worker productivity and deep frustration among local citizens; and WHEREAS, the Colorado Department of Transportation has identified $9 billion in much-needed projects that lack funding; and WHEREAS, compounding the inability of CDOT to fund vital projects is the lack of resources available to local communities to address traffic congestion, maintenance needs and safety concerns; and WHEREAS, the failure to maintain roads and bridges adequately costs Coloradans on average of $468 per driver due to damage and unnecessary wear-and- tear to vehicles, and WHEREAS, truly addressing Colorado’s transportation challenges requires a dedicated, sufficient and guaranteed stream of revenue; and WHEREAS, a bipartisan, statewide group of local elected officials and business leaders has proposed to raise the state sales tax by .62 percent, or about six cents on a ten-dollar purchase, for transportation needs; and WHEREAS, the tax increase will raise $767 million in its first year and allow for bonding of $6 billion for state projects; and WHEREAS, 40 percent of the new revenue will go to county and municipal governments to address local transportation needs; and WHEREAS, Colorado voters will be able to vote on this statewide transportation solution on the November 2018 ballot. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wheat Ridge, Colorado, endorses this strong and effective transportation solution as the right answer to address years of neglect of our state’s transportation needs and to address the concerns we have heard from our local citizens; and BE IT FURTHER RESOLVED that the City Council of the City of Wheat Ridge, Colorado urges our local voters to support this transportation solution on the November 2018 ballot. DONE AND RESOLVED this 23rd day of July, 2018. By: _____________________________ Bud Starker, Mayor ATTEST: ______________________________ Janelle, Shaver, City Clerk Let’s Go, ColoradoLet’s Go, Colorado Colorado's transportation needs have gone unmet for decades. In every corner of our state, we lack the resources to maintain our roads, highways and local bus routes. Because the state’s gas tax isn’t tied to inflation, there has been less and less revenue from existing gas taxes to address Colorado’s trans- portation needs. Today, Colorado spends just $69 per driver on transportation infrastructure, compared to 25 years ago when we spent almost twice that amount - $125 per driver. CDOT has more than $9 billion in projects with no funding - and that’s only part of the issue, our local communities lack the resources to address congestion, maintain roads and improve safety. We need a statewide solution that ensures local governments have the resources to meet demands, addresses high-priority projects on state highways, and promotes multimodal transportation options that reduce congestion. We need a new funding source to fix our roads. A sales tax asks everyone to chip in, including the 80 million out-of-state tourists who use our infrastructure every year. Our proposal will increase the state’s sales tax by 0.62%, a little more than half a cent on a dollar purchase, This revenue will address longstanding problems with funding transpor- tation projects in the state. New revenue will be distributed to fund critical state projects that address safety and make it easier to get around, projects on local streets and highways as determined by local leaders and make a serious investment in multimodal transit to help reduce congestion and protect our air quality. How we got here 78% of Colorado’s roads will need to be repaired in the next 10 years, but the state lacks the budget to keep up. It’s time to stop the band-aid approach. Each dollar spent on road improvements results in an aver- age benefit of $5.20 by reducing delays and fuel consumption, and improving safety. Potholes and rough roads damage a vehicle’s tires and sus- pensions, costing the average Colorado driver $468 in repairs each year. Our proposal Distribution of new Transportation Revenue Multimodal Options Fund - 15% Local Transportation Priorities Fund Cities - 20% Counties 20% State Highway Fund - 45% $767 millionFirst Year Revenue ATTACHMENT 2 Paid for by Coloradans for Coloradans funding State Projects Our initiative will address major projects on I-25, I-70 and the state highways that connect our communities throughout Colorado. •Improve traffic flow by widening lanes, adding passing lanes and improving interchanges. •Improve safety by adding and widening shoulders, replacing bridges and building wildlife crossings. We see on our commutes and daily travels that the needs at the state level are serious and immediate. By using bonds, we’ll be able to start these projects right away. Local governments will have full flexibility of their share of the funding, allowing our communities to meet their diverse needs throughout the state. Projects could include: • Street repaving and pothole repair • Matching for state projects • New intersections, shoulders and signals • Bike lanes, sidewalks and other transit options This revenue will be split 50/50 between cities and counties based on lane miles and vehicle registrations. Multimodal funding will support transportation options that decrease traffic congestion and protect our air quali- ty. This funding could be used to support urban and rural bus service, large scale bike lanes and paths, and improvements for pedestrians. This revenue will be divided to leverage state local dollars to complete large and small projects, support interregional transit projects like Bustang, and distribute funds to local governments specifically for multimodal projects. addressing local priorities supporting multimodal options For more information, please email us at info@letsgocolorado.com