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HomeMy WebLinkAboutCouncil Agenda Packet 11-26-18 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 26, 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 September 24, 2018 and October 22, 2018 and Study Session Notes of November 5, 2018 PROCLAMATIONS AND CEREMONIES Bill of Rights Day Small Business Saturday CITIZENS’ RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the PUBLIC COMMENT ROSTER. b. Citizens who wish to speak on an Agenda Item, please sign the GENERAL AGENDA ROSTER. c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC HEARING ROSTER before the item is called to be heard. d. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY SESSION AGENDA ROSTER. APPROVAL OF AGENDA CITY COUNCIL AGENDA: November 26, 2018 Page -2- 1. CONSENT AGENDA a. Motion to adopt the 2019 City Council Meeting Calendar b. Motion to approve payment to Kaiser Permanente for December 2018 Membership billing in the amount of $184,418.66 c. Motion to award a contract and approve subsequent payments to Independent Roofing Specialists, Commerce City, CO in the amount of $115,154 for Active Adult Center Roof-HVAC Repairs and Replacement, and to approve a Contingency amount of $11,515 for total amount not to exceed $126,669 d. Motion to approve payment to Colorado State Bank and Trust for a Bond Principal and Interest Payment in the amount of $2,952,650 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 27-2018 –approving an amendment to the Outline Development Plan for the Camelot Club Apartments planned Residential Development (PRD) for property located at 4635 and 4665 Kipling Street (Case No. WZ-18-03/Kipling Village) 3. Resolution No. 68-2018 – approving a Specific Development Plan for property Zoned Planned Residential Development at 4635 and 4665 Kipling Street (Case No. WZ-18-04/Kipling Village) 4. Council Bill 28-2018 – amending the Wheat Ridge Code of Laws concerning Wildlife and Waterfowl 5. Council Bill 29-2018 – amending Chapter 17 of the Wheat Ridge Code of Laws concerning the consumption of fermented malt beverage in City Parks 6. Council Bill 30-2018 – amending Chapter 17 of the Wheat Ridge Code of Laws concerning Parks and Recreation to address the use of Electrical Assisted Bicycles ORDINANCES ON FIRST READING 7. Council Bill 34-2018 – approving the sale of designated parkland at the intersection of West 38th Avenue and Johnson Street and in connection therewith, authorizing execution of an agreement for said sale 8. Council Bill 33-2018 – approving a Zone change from Agricultural-One (A-1) to Planned Residential Development (PRD) with and Outline Development Plan (ODP) for property located at 4440 Tabor Street (Case No. WZ-18-15/Clear Creek Terrace) 9. Council Bill No. 32-2018 – approving the Rezoning of property located at 6985 W. 38th Avenue from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) (Case No. WZ-18-21/Barta) CITY COUNCIL AGENDA: November 26, 2018 Page -3- DECISIONS, RESOLUTIONS AND MOTIONS 10. Reconsideration of Ordinance 1656, Series 2018, imposing a Temporary Moratorium of the acceptance, processing and approval of certain building permits, and declaring an emergency 11. Motion to Elect the Mayor Pro tem CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ADOPT THE 2019 CITY COUNCIL MEETING CALENDAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: The calendar of City Council meetings is adopted by a motion of the City Council yearly. Adopting the meeting calendar for the year is more efficient and enables the Mayor, Council and staff to schedule other events and travel in advance. The Council will be able to amend the schedule by motion throughout the year, if necessary. The following City Council meetings that conflict with observed City holidays or other known events during the year are recommended for cancellation: • Study Session, January 21, 2019, Martin Luther King Day • Study Session, February 18, 2019, Presidents’ Day • Regular City Council Meeting, May 27, 2019, Memorial Day • Study Session, September 2, 2019, Labor Day • Regular City Council Meeting, November 11, 2019, Veterans’ Day PRIOR ACTION: None FINANCIAL IMPACT: None Council Action Form – 2019 City Council Meeting Calendar November 26, 2018 Page 2 BACKGROUND: Section 5.1 of the City Charter states that, “The council shall meet regularly at least twice each month at a day and hour to be fixed by the rules of council.” Section IV of the City Council Rules of Order and Procedure states that, “Regular Meetings are held the second (2nd) and fourth (4th) Monday of each month at 7:00 p.m. unless otherwise provided by amendment of these Rules and Study Sessions are held the first (1st) and third (3rd) Monday of each month at 6:30 p.m., unless otherwise provided by the Mayor Pro Tem. RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to adopt the 2019 City Council Meeting Calendar as presented.” Or, “I move to adopt the 2019 City Council Meeting Calendar with the following amendment(s) ____________________________________________.” Or, “I move to not adopt the 2019 City Council Meeting Calendar for the following reason(s) ___________________________________.” REPORT PREPARED/REVIEWED BY: Janice Smothers, Administrative Assistant to the Mayor and City Council Patrick Goff, City Manager ATTACHMENTS: 1. Proposed 2019 City Council Meeting Calendar 2019 Calendar Study Session Mee�ng Regular City Council Mee�ng Holiday JANUARY FEBRUARY MARCH S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 APRIL MAY JUNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JULY AUGUST SEPTEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 OCTOBER NOVEMBER DECEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 More Calendars: 2019, Word Calendar, PDF Calendar ATTACHMENT 1 ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO KAISER PERMANENTE FOR DECEMBER 2018 MEMBERSHIP BILLING IN THE AMOUNT OF $184,418.66. PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: For 2018, the City offers employees two medical plans through Kaiser Permanente; a High Deductible plan and Deductible HMO Plan. Both plans are also offered as COBRA protection for former employees who choose to enroll. December billing is in the amount of $184,418.66 which requires City Council approval. PRIOR ACTION: Approval of December 2018 Kaiser bill. FINANCIAL IMPACT: While monthly costs vary depending on the number of employees and dependents enrolled, for 2018 these costs will average around $195,000 per month. The December 2018 bill is for active and COBRA membership billing. Monthly bills over $75,000 will be brought to City Council for approval. BACKGROUND: Kaiser Permanente has been the City of Wheat Ridge’s medical plan provider for several years. Based on the City’s shift to two deductible plans and a robust wellness program, Kaiser plan renewals have been minimal compared to the market the past two years. RECOMMENDATIONS: It is our recommendation to pay the December 2018 Kaiser bill. Council Action Form – Kaiser December 2018 Billing Page 2 RECOMMENDED MOTION: “I move to pay the December 2018 Kaiser bill in the total amount of $184,418.66.” Or, “I move to deny the payment of the December 2018 Kaiser bill in the amount of $184,418.66 for the following reason(s) _______________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. 2018 December Kaiser Bill – Actives 2. 2018 December Kaiser Bill - Cobra Kaiser PermanenteMembership AdministrationP.O. Box 203009Denver, CO 80220-9009 CITY OF WHEAT RIDGE CITY OF WHEAT RIDGE ACTIVES ATTN: CHRISTINE JONES 7500 W 29TH AVE WHEAT RIDGE, CO 80033-8001 GROUP-BILLGROUP-REGION: 00181-01-16 Invoice Creation Date: November 02, 2018 Bill Period Dates: 12/01/2018-12/31/2018 Invoice Number: 0021946037 Bill Date: 11/02/2018 Amount Due: $184,418.66 PLEASE PAY BY: 11/30/2018 Please send payments only to the following address:Kaiser PermanenteMembership AdministrationKaiser PermanentePO BOX 711697Denver, CO 80271-1697For Billing Inquiry:TABITHA MARIE LEE - CSCCPhone: 866-868-7220Please mail all membership changes to:Kaiser PermanenteMembership AdministrationP.O. Box 203009Denver, CO 80220-9009Or, send membership changes to either:Fax: 866-311-5974Email: csc-den-roc-group@kp.orgDid you know you could process your membership changes online at kaiserpermanente.org?(RETURN THIS PORTION WITH YOUR PAYMENT)GROUP-BILLGROUP-REGION: 00181-01-16CITY OF WHEAT RIDGEATTN: CHRISTINE JONES7500 W 29TH AVEWHEAT RIDGE, CO80033-8001 Invoice Number:0021946037Bill Period Date:12/01/2018 Please pay this amount:$184,418.66 Payment must be received by:11/30/2018 Amount Paid: Provide Billing Unit number(s) on check and make it payable to:Kaiser PermanentePO BOX 711697Denver, CO 80271-1697160018100000100000000000219460371201201811181000000018441866000000000000009Please send payments only to the following address: Kaiser Permanente Membership Administration Kaiser Permanente PO BOX 711697 Denver, CO 80271-1697 For Billing Inquiry: TABITHA MARIE LEE - CSCC Phone: 866-868-7220 Please mail all membership changes to: Kaiser Permanente Membership Administration P.O. Box 203009 Denver, CO 80220-9009 Or, send membership changes to either: Fax: 866-311-5974 Email: csc-den-roc-group@kp.org Did you know you could process your membership changes online at kaiserpermanente.org? (RETURN THIS PORTION WITH YOUR PAYMENT)GROUP-BILLGROUP-REGION: 00181-01-16 CITY OF WHEAT RIDGE ATTN: CHRISTINE JONES 7500 W 29TH AVE WHEAT RIDGE, CO 80033-8001 Invoice Number:0021946037 Bill Period Date:12/01/2018 Please pay this amount:$184,418.66 Payment must be received by:11/30/2018 Amount Paid: Provide Billing Unit number(s) on check and make it payable to: Kaiser Permanente PO BOX 711697 Denver, CO 80271-1697 160018100000100000000000219460371201201811181000000018441866000000000000009 $184,418.66 ATTACHMENT 1 Kaiser PermanenteMembership AdministrationP.O. Box 203009Denver, CO 80220-9009 CITY OF WHEAT RIDGE CITY OF WHEAT RIDGE - COBRA ATTN: CHRISTINE JONES 7500 W 29TH AVE WHEAT RIDGE, CO 80033-8001 GROUP-BILLGROUP-REGION: 00181-02-16 Invoice Creation Date: November 02, 2018 Bill Period Dates: 12/01/2018-12/31/2018 Invoice Number: 0021946038 Bill Date: 11/02/2018 Amount Due: -$2,845.62 PLEASE PAY BY: 11/30/2018 Please send payments only to the following address:Kaiser PermanenteMembership AdministrationKaiser PermanentePO BOX 711697Denver, CO 80271-1697For Billing Inquiry:TABITHA MARIE LEE - CSCCPhone: 866-868-7220Please mail all membership changes to:Kaiser PermanenteMembership AdministrationP.O. Box 203009Denver, CO 80220-9009Or, send membership changes to either:Fax: 866-311-5974Email: csc-den-roc-group@kp.orgDid you know you could process your membership changes online at kaiserpermanente.org?(RETURN THIS PORTION WITH YOUR PAYMENT)GROUP-BILLGROUP-REGION: 00181-02-16CITY OF WHEAT RIDGEATTN: CHRISTINE JONES7500 W 29TH AVEWHEAT RIDGE, CO80033-8001 Invoice Number:0021946038Bill Period Date:12/01/2018 Please pay this amount:-$2,845.62 Payment must be received by:11/30/2018 Amount Paid: Provide Billing Unit number(s) on check and make it payable to:Kaiser PermanentePO BOX 711697Denver, CO 80271-1697160018100000200000000000219460381201201811181000000000000000000000000000007Please send payments only to the following address: Kaiser Permanente Membership Administration Kaiser Permanente PO BOX 711697 Denver, CO 80271-1697 For Billing Inquiry: TABITHA MARIE LEE - CSCC Phone: 866-868-7220 Please mail all membership changes to: Kaiser Permanente Membership Administration P.O. Box 203009 Denver, CO 80220-9009 Or, send membership changes to either: Fax: 866-311-5974 Email: csc-den-roc-group@kp.org Did you know you could process your membership changes online at kaiserpermanente.org? (RETURN THIS PORTION WITH YOUR PAYMENT)GROUP-BILLGROUP-REGION: 00181-02-16 CITY OF WHEAT RIDGE ATTN: CHRISTINE JONES 7500 W 29TH AVE WHEAT RIDGE, CO 80033-8001 Invoice Number:0021946038 Bill Period Date:12/01/2018 Please pay this amount:-$2,845.62 Payment must be received by:11/30/2018 Amount Paid: Provide Billing Unit number(s) on check and make it payable to: Kaiser Permanente PO BOX 711697 Denver, CO 80271-1697 160018100000200000000000219460381201201811181000000000000000000000000000007 $0.00 ATTACHMENT 2 ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS TO INDEPENDENT ROOFING SPECIALISTS, COMMERCE CITY, CO IN THE AMOUNT OF $115,154 FOR ACTIVE ADULT CENTER ROOF-HVAC REPAIRS AND REPLACEMENT, AND TO APPROVE A CONTINGENCY AMOUNT OF $11,515 FOR TOTAL AMOUNT NOT TO EXCEED $126,669 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: During the hailstorm of May 2017, various sections of the Active Adult Center roof and HVAC systems sustained damage. CIRSA, the City’s insurance pool, and a contract vendor, inspected the property and submitted a damage assessment to the City for the insurance claim. PRIOR ACTION: No prior action has been taken by City Council on this item. FINANCIAL IMPACT: The City has received approval of payment of $115,154 from CIRSA for the repairs from hail damage at the Active Adult Center. These, and contingency, funds are available in account 01-610-700-783. Council Action Form – Active Adult Center Roof-HVAC Repairs and Replacement November 26, 2018 Page 2 BACKGROUND: The contract will include materials, labor, equipment and supplies to replace existing asphalt shingle roofing, EPDM roofing work, TPO roofing as well as all mechanical repairs needed including those to the HVAC units located on the Active Adult Center roof. Staff conducted a formal procurement process for this work and met with nine companies at a mandatory pre-bid meeting on Thursday, October 11, 2018. One bid was received on Tuesday, October 30, 2018. RECOMMENDATIONS: Staff recommends approval of the award for Active Adult Center Roof-HVAC Repairs and Replacement to Independent Roofing Specialists, LLC. RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to Independent Roofing Specialists, LLC in the amount of $115,154 for Active Adult Center Roof-HVAC Repairs and Replacement, and to approve a contingency amount of $11,515 for a total amount not to exceed $126,669.” Or, “I move to deny award of a contract and payment to Independent Roofing Specialists, LLC in the amount of $115,154 for Active Adult Center Roof-HVAC Repairs and Replacement, and to deny a contingency amount of $11,515 for a total amount not to exceed $126,669 for the following reason(s) _________________________.” REPORT PREPARED/REVIEWED BY: Julie Brisson, Recreation and Facilities Manager Joyce Manwaring, Parks and Recreation Director Jennifer Nellis, Purchasing and Contracting Agent Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tabulation Sheet AT T A C H M E N T 1 ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO COLORADO STATE BANK AND TRUST FOR A BOND PRINCIPAL AND INTEREST PAYMENT IN THE AMOUNT OF $2,952,650 FOR THE CITY OF WHEAT RIDGE, COLORADO SALES AND USE TAX REVENUE BONDS, SERIES 2017A PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: On May 2, 2017, the City closed on Series 2017A Sales and Use Tax Revenue Bonds in the par amount of $30,595,000 with a net premium of $2,687,079 for a total of $33,282,079. The City’s principal and interest payment for 2018 is due on December 1, 2018, payable on November 30, 2018, in the amount of $2,952,650. Funds to cover this payment are budgeted in the 2018 2E Bond Fund budget. PRIOR ACTION: On February 13, 2017, City Council approved Resolution No. 02-2017 creating the 2E Bond Fund. The City made the first principal and interest payment on the bonds in November 2017. On August 22, 2016, City Council approved Council Bill 17-2016, an ordinance giving notice of and calling for a special municipal election to be held November 8, 2016 and submitting a ballot question concerning a temporary increase of one-half of one cent (0.50%) in the City’s sales and use tax rate for 12 years, without increasing property tax, and the issuance of debt to finance City investment in public infrastructure to facilitate economic development opportunities. Council Action Form – 2E Bond Principal and Interest Payment November 26, 2018 Page 2 FINANCIAL IMPACT: The aggregate principal amount of the bonds totals $30,595,000 with a total repayment cost of $37,809,255 by December 1, 2028. The maximum annual repayment cost of the bonds will not exceed $3,700,000. The 2018 adopted 2E Bond Fund budget includes $2.4 million in funding for the principal payment and $1,105,300 for interest payments for a total of $3,505,300 in debt service payments. In 2017, the one-half of one-cent sales and use tax rate increase generated $4,157,930, which was $457,931 over the projected budget amount of $3.7 million. Therefore, funds are available to cover this debt service payment. BACKGROUND: In 2007, when the Mayor initiated a citizen task force to prioritize infrastructure needs, the City identified numerous unfunded capital infrastructure projects. That task force was referred to as the DIRT Task Force, referencing “drainage, infrastructure, roads and trails.” A second DIRT Task Force was initiated by City Council directive on April 25, 2016. This citizen group was tasked with reprioritizing and updating the list of projects and recommending priorities to City Council. City Council directed staff to move forward with a ballot question requesting a temporary, one-half of one-cent (0.50%) increase to the City sales and use tax rate for 12 years and the issuance of debt to finance the following projects: • Anderson Park Improvements • Wadsworth Boulevard Reconstruction – 35th Avenue to Interstate 70 • Wheat Ridge • Ward Commuter Rail Station Area • Clear Creek Crossing Mixed-Use Development Site on the West Side of I-70 at 38TH and Youngfield At the regular general election held on November 8, 2016, the electorate of the City approved ballot question 2E. The revenues from the voter approved 0.5% tax increase are accounted for in a special fund and will not be released or available for any purposes except for the four projects listed above and to pay debt service on these bonds and to replenish the reserve fund. RECOMMENDATIONS: The City entered into a Registrar and Paying Agent Agreement with Colorado State Bank and Trust on May 2, 2017, which requires the City to transfer principal and interest debt payments to the bank by a certain date. The bond principal and interest payment is due on Saturday, December 1, 2018, and payable on Friday, November 30 but no later than 9 a.m. on Monday, December 3, 2018, otherwise the City will be in default of this Agreement. RECOMMENDED MOTION: “I move to approve payment to Colorado State Bank and Trust for the 2E Bond principal and interest payment in the amount of $2,952,650 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A.” Or, Council Action Form – 2E Bond Principal and Interest Payment November 26, 2018 Page 3 “I move to not approve the payment to Colorado State Bank and Trust for the 2E Bond principal and interest payment in the amount of $2,952,650 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A for the following reason(s) .” REPORT PREPARED AND REVIEWED BY: Patrick Goff, City Manager Mark Colvin, Accounting Manager ATTACHMENTS: 1. Bond Principal and Interest Payment Invoice ATTACHMENT 1 ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 27-2018 – AN ORDINANCE APPROVING AN AMENDMENT TO THE OUTLINE DEVELOPMENT PLAN FOR THE CAMELOT CLUB APARTMENTS PLANNED RESIDENTIAL DEVELOPMENT (PRD) FOR PROPERTY LOCATED AT 4635 AND 4665 KIPLING STREET (CASE NO. WZ-18-03/KIPLING VILLAGE) PUBLIC HEARING ORDINANCES FOR 1ST READING (10/08/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/26/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of an amendment to the Outline Development Plan for the Camelot Club Apartments Planned Residential Development (PRD) located at 4635 and 4665 Kipling Street. The purpose of the amendment is to expand the uses allowed within two buildings on the property, to adjust the sign allowance, and to modernize the original planned development documents that date from 1969. The subject area includes two parcels of land, the total size of which is approximately 7 ½ acres. PRIOR ACTION: Planning Commission heard the request at a public hearing on September 20, 2018 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached. Council Action Form – Rezoning Kipling Village ODP November 26, 2018 Page 2 FINANCIAL IMPACT: The request is not expected to have a direct financial impact on the City. Fees in the amount of $2,700.00 were collected for the review and processing of Case No. WZ-18-03. BACKGROUND: The subject property, also known as the Kipling Village Apartments, is located on the west side of Kipling Street south of Interstate 70 and the Frontage Road, and was constructed in 1970. The purpose of this request is to modify the original Official Development Plan for the property, which was approved by Jefferson County in 1969. The modifications will modernize the Planned Development document so that it meets current content and formatting standards. It will also allow for additional residential uses in two smaller structures originally intended to be solely commercial/retail spaces. Modification to permitted uses for a Planned Development requires modifying the Outline Development Plan (ODP). Because the ODP is the document that establishes the zoning, any proposed modifications or updates to this document is processed as a zone change. Despite the fact that this is processed as a zone change, most of the existing improvements on the property will remain the same. There is no change to the exterior or footprints of the existing structures. Surrounding Land Uses The property is surrounded by various commercial, residential, and public uses. To the south is a multi-family property, part of the Kipling Village apartment community, but zoned Residential- Three (R-3) and thus not part of this zone change. Along Lee Street to the west are some single-family homes, condominiums, and the City’s Fruitdale Park. To the north, abutting the I-70 / Kipling Street interchange are several properties with a variety of commercial, retail and service establishments. To the east of the subject property is a large vacant piece of land that was recently rezoned to Mixed Use-Commercial (MU-C). Current and Proposed ODP The existing conditions on the property largely reflect the original zoning approval, with ten total buildings: eight for high density residential and two for “general retail/office.” Each of these retail/office buildings are oriented towards Kipling Street and have a footprint of approximately 2,800 square feet. One structure is two stories tall, while the other is two stories with a garden level basement. Per the approved 1969 ODP, the only permitted uses for these two structures is “service and recreation buildings, including game rooms, barber shop, beauty shop, dry cleaners, and neighborhood grocery store.” The applicant proposes to modernize this list of permitted uses with more relevant commercial and retail establishments, and with the addition of residential uses. The context of Kipling Street has changed significantly since 1969 and the viability of commercial uses in these structures has diminished, making residential units a more appropriate and practical use. The property currently has 220 units; the amended ODP would allow no more than 228 units on the property. Council Action Form – Rezoning Kipling Village ODP November 26, 2018 Page 3 Another change from the original zoning document is the sign allowance, which is being reduced in size, height, and setback. The remaining changes are minor in nature, for example, removing “sauna baths” from the list of permitted uses in the residential buildings. RECOMMENDED MOTION: “I move to approve Council Bill No. 27-2018, an ordinance approving an amendment to the Outline Development Plan for the Camelot Club Apartments Planned Residential Development on second reading and that it take effect 15 days after final publication for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the criteria for review in Section 26-112.E. of the Code of Laws.” Or, “I move to deny Council Bill No. 27-2018 an ordinance approving an amendment to the Outline Development Plan for the Camelot Club Apartments Planned Residential Development on second reading for the following reasons: 1. 2. 3. and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 27-2018 2. Planning Commission Staff Report 3. Planning Commission Minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER MATHEWS COUNCIL BILL NO. 27 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING AN AMENDMENT TO THE OUTLINE DEVELOPMENT PLAN FOR THE CAMELOT CLUB APARTMENTS PLANNED RESIDENTIAL DEVELOPMENT (PRD) FOR PROPERTY LOCATED AT 4635 AND 4665 KIPLING STREET (CASE NO. WZ-18-03/KIPLING VILLAGE) 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, Kipling Village, LLC has submitted a land use application for approval of an amendment to the Outline Development Plan for the Camelot Club Apartments Planned Residential Development (PRD) for property located at 4635 and 4665 Kipling Street; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—Envision Wheat Ridge—which calls for a neighborhood buffer along the west side of Kipling Street between 44th Avenue and Interstate 70; and, WHEREAS, the amendment will modernize the zoning documents for the property and allow for additional investment and reinvestment in the community; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on September 20, 2018 and voted to recommend approval of rezoning the property to Planned Residential Development (PRD), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Kipling Village, LLC for approval of a zone change ordinance approving an amendment to the Outline Development Plan for the Camelot Club Apartments Planned Residential Development (PRD) for property located at 4635 and 4665 Kipling Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL A: THE SOUTH 1/2 MORE OR LESS, CAMELOT CLUB APARTMENTS, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF CAMELOT CLUB APARTMENTS,THENCE SOUTH ALONG THE EAST BOUNDARY LINE ATTACHMENT 1 THEREOF A DISTANCE OF 263.11 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED;THENCE SOUTH ALONG SAID EAST BOUNDARY LINE 263.11 FEET TO THE SOUTHEAST CORNER OF THE PLAT OF CAMELOT CLUB APARTMENTS;THENCE WEST ALONG THE SOUTH BOUNDARY LINE OF THE PLAT OF CAMELOT CLUB APARTMENTS, A DISTANCE OF 619.17 FEET TO THE SOUTHWEST CORNER OF SAID PLAT OF CAMELOT CLUB APARTMENTS;THENCE NORTH ALONG THE WEST BOUNDARY LINE OF THE PLAT OF CAMELOT CLUB APARTMENTS A DISTANCE OF 261.185 FEET TO A POINT ON SAID WEST BOUNDARY LINE THEREOF, WHICH IS 261.185 FEET SOUTH OF THE NORTHWEST CORNER OF SAID PLAT OF CAMELOT CLUB APARTMENTS;THENCE EAST 619.36 FEET, MORE OR LESS, TO THE POINT OF BEGINNING,COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THE EAST 3 FEET OF THE NORTH 200 FEET OF THE SOUTH 263.11 FEET OF CAMELOT CLUB APARTMENTS. PARCEL C: A TRACT OF LAND LOCATED IN THE NE1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NE1/4 OF SAID SECTION 21; THENCE SOUTH 0 DEGREES 22 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF THE NE1/4 OF SAID SECTION 21, A DISTANCE OF 1193.40 FEET, TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 1013 AT PAGE 343 OF THE JEFFERSON COUNTY RECORDS; THENCE SOUTH 89 DEGREES 14 MINUTES 49 SECONDS WEST PARALLEL WITH THE NORTH LINE OF THE NE1/4 OF SAID SECTION 21 AND ALONG THE NORTH LINE OF THAT TRACT DESCRIBED IN SAID BOOK 1013 AT PAGE 343, A DISTANCE OF 45.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 14 MINUTES 49 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID NE1/4 AND ALONG THE NORTH LINE OF THAT TRACT AS DESCRIBED IN BOOK 1013 AT PAGE 343 AND IT'S WESTERLY EXTENSION A DISTANCE OF 619.11 FEET TO A POINT ON THE WEST LINE OF THE E1/2 OF THE E1/2 OF THE NEI/4 OF SECTION 21; THENCE NORTH 0 DEGREES 24 MINUTES 24 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF 4.29 FEET TO THE SOUTHWEST CORNER OF THE CAMELOT CLUB APARTMENTS, A SUBDIVISION RECORDED IN THE OFFICIAL RECORDS OF JEFFERSON COUNTY; THENCE NORTH 89 DEGREES 36 MINUTES 00 SECONDS EAST ALONG THE SOUTH LINE OF SAID CAMELOT CLUB APARTMENTS, A DISTANCE OF 619.10 FEET TO THE SOUTHEAST CORNER OF SAID CAMELOT CLUB APARTMENTS; THENCE SOUTH 0 DEGREES 22 MINUTES 00 SECONDS EAST PARALLEL WITH THE EAST LINE OF THE NE1/4 AND 45.00 FEET WESTERLY, A DISTANCE OF 0.48 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL D: THE NORTH 1/2 OF CAMELOT CLUB APARTMENTS, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF CAMELOT CLUB APARTMENTS; THENCE SOUTH ALONG THE EAST BOUNDARY LINE THEREOF A DISTANCE OF 263.11 FEET TO A POINT; THENCE WEST 619.54 FEET, MORE OR LESS, TO A POINT ON THE WEST BOUNDARY LINE OF SAID PLAT WHICH IS 261.185 FEET SOUTH OF THE NORTHWEST CORNER OF THE PLAT OF CAMELOT CLUB APARTMENTS; THENCE NORTH 261.185 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID PLAT; THENCE EAST ALONG THE NORTH BOUNDARY LINE OF THE PLAT OF CAMELOT CLUB APARTMENTS A DISTANCE OF 619.54 FEET MORE OR LESS TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THE SOUTH 200.00 FEET OF THE NORTH 263.11 FEET OF THE EAST 3.00 FEET THEREOF. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 8th day of October, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, November 26, 2018 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2018. SIGNED by the Mayor on this _______ day of _______________, 2018. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Janelle Shaver, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: October 11, 2018 2nd publication: Wheat Ridge Transcript: Effective Date: Planning Commission 1Case No. WZ-18-03 and WZ-18-04 / Kipling Village CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: September 20, 2018 CASE MANAGER: Zack Wallace Mendez CASE NO. & NAME: WZ-18-03 and WZ-18-04 / Kipling Village ACTION REQUESTED: Approval of an Outline Development Plan and Specific Development Plan to modify permitted uses within Blocks 9 and 10 of the existing PRD. LOCATION OF REQUEST: 4635 and 4665 Kipling Street APPLICANT (S): Kipling Village LLC OWNER (S): Kipling Village LLC APPROXIMATE AREA: 326,100 square feet (7.5 acres) PRESENT ZONING: Planned Residential Development (PRD) COMPREHENSIVE PLAN: Neighborhood Buffer ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2Case No. WZ-18-03 and WZ-18-04 / Kipling Village JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Cases WZ-18-03 and WZ-18-04 are applications for an Outline Development Plan (ODP) and Specific Development Plan (SDP), respectively, for property located at 4635 and 4665 Kipling Street. The purpose of this request is to modify the original Official Development Plan for the property, which was approved by Jefferson County in 1969. The modifications proposed will modernize the Planned Development document, as well as allow for additional residential uses in two structures originally intended to be solely commercial/retail spaces. Modification to permitted uses for a Planned Development requires modifications to the ODP. Because the ODP is the document that establishes the zoning, any proposed modifications or updates to this document constitute a zone change. In this case, the zone change is an updated Planned Residential Development (PRD) with a slightly different set of permitted uses. Despite the fact that this is processed as a zone change, most of the existing improvements on the property will remain the same. Rezoning for a planned development in the City of Wheat Ridge involves a two-step process. The first step is the Outline Development Plan, which, if approved, changes the zoning designation on the land, establishes allowed uses and development standards for the property, and establishes access configurations for vehicles, pedestrians, and bicycles. The second step in the process is the Specific Development Plan (SDP), which focuses on specific details of a development such as final drainage, architecture, lot layouts, and specific building location and orientation. The SDP must be found to be compliant with the ODP in order to be approved. The applicant is requesting a combined approval, which is permitted pursuant to Section 26-302 of the Municipal Code. The ODP and SDP are processed and reviewed concurrently, requiring public hearings before the Planning Commission and the City Council, with the City Council being the final deciding body. II.EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located on the west side of Kipling Street south of Interstate 70 and the Frontage Road (Exhibit 1, 2016 Aerial). The property is zoned Planned Residential Development (PRD) and is surrounded by commercial, residential, and public uses. To the south is a multi-family property, part of the Kipling Village apartment community, but zoned Residential-Three (R-3). Additionally along Lee Street to the southwest of the subject property are some single-family homes (zoned Agricultural-One and Residential-Two A) and condominiums (zoned Planned Residential Development). To the north, abutting the I-70 / Kipling Street interchange are several properties zoned Commercial-One (C-1) with a variety of commercial, retail and service establishments. To the east of the subject property is a large vacant piece of land which was recently rezoned to Mixed Use-Commercial (MU-C). (Exhibit 2, Zoning Map) Planning Commission 3 Case No. WZ-18-03 and WZ-18-04 / Kipling Village The Kipling Village Apartments have ten total buildings within their Planned Development: eight for high density residential and two for general retail/office. The parcels at 4665 and 4635 Kipling Street have identical building footprints; each parcel includes four three-story apartment buildings, one office/retail building, and a central courtyard. Based on Jefferson County Assessor records, in total there are 220 apartment units. Two full movement access points exist onto Kipling Street from the subject property, with a third access point located on the property to the south, but offering access to the subject property. The existing conditions largely reflect the original zoning approval. On November 10, 1969 the Jefferson County Board of County Commissioners approved an Official Development Plan and Plat for this property, known then as the Camelot Club Apartments. These development documents have not been updated since and continue to govern how the property functions and operates. The Development Plan (Exhibit 3, 1969 Official Development Plan) divides the property into 13 blocks. Blocks 1-8 are the east-west oriented apartment buildings, and are limited to residential uses. Blocks 9 and 10 are smaller buildings oriented towards Kipling Street, and are limited to the following: “service and recreation buildings, including game rooms, barber shop, beauty shop, dry cleaners, neighborhood grocery store.” Blocks 11 and 12 are open space courtyards which are surrounded by Blocks 1-10, and are limited to recreation facilities and landscaping. Finally, Block 13 is the parking and drive aisles that surround Blocks 1-12. The current owner purchased the property in 2012 and has been making an effort to clean up and reinvest in the property. One of the most recent and most visible efforts undertaken by the owner was the voluntary streetscape improvements performed along Kipling Street for the entire frontage of their property. These improvements also included the introduction of an open space amenity on a vacant piece of land just south of the subject property (which is also owned by the Kipling Village LLC, but is not part of the PRD). The goal of the current owners is to continue investing in and improving the property. The request to modify and update the zoning documents will help to modernize the documents and allow for future investment in the property. The focus of the modifications are on Blocks 9 and 10, the two small buildings that are adjacent to Kipling. These buildings have been restricted by the 1969 zoning document to small scale service establishments and recreation uses. Historic aerials from 1971, one year after the property was built, indicate a very different environment than currently exists around the subject property. In 1971, Interstate 70 was brand new, and there were very few structures along the Kipling corridor near the new highway interchange. As such, small service establishments within the apartment community were likely desirable and necessary to provide some nearby commercial services. This corridor has grown significantly over the decades, and the development/redevelopment of land, especially north of the interstate, has introduced a wide array of commercial, retail, service, and dining establishments within several blocks of Kipling Village. The owner of the Kipling Village apartments also states in their narrative (Exhibit 4, Applicant Narrative) that more recent commercial tenants have attracted undesirable activity to the community, and that these commercial spaces are not desirable locations for attractive commercial tenants that would help improve the area. Given this context, the purpose of this application is to modernize the Planned Development document by allowing for residential uses in the two smaller structures, which were originally intended to solely accommodate commercial/retail spaces. The applicant would like to retain the possibility of having retail and commercial establishments within these structures, to maximize flexibility and with the understanding that a mix of uses is appropriate for a corridor such as Kipling. The updated ODP would allow up to 234 dwelling units in total on the entire site. Planning Commission 4 Case No. WZ-18-03 and WZ-18-04 / Kipling Village III. OUTLINE DEVELOPMENT PLAN Attached is a copy of the proposed Outline Development Plan (ODP) which contains two sheets (Exhibit 5, Outline Development Plan). The first page is a typical cover page with certification and signature blocks for the property owner(s), and Planning Commission, City Council, and Mayor. Also on the first page is a character of development statement, purpose of amendment, and other notes. The second page incudes the layout of the property, which matches what is on the ground today. It also reflects the original 1969 ODP site plan, but in a more modernized layout. Again, the largest difference is the list of allowable uses for Blocks 9 and 10. Other amendments include modernizing the allowable uses in the apartment units by adding household pets and home occupations as accessory uses, consistent with all residential zone districts in the City. Additionally, notes have been added that refer back to the Code of Laws for lighting and fencing, something that was not included on the original ODP. Finally, the allowable signage for the property is said to refer back to the City’s sign code, with the exception of a proposed freestanding sign at the primary entrance with a minimum setback of 5 feet from the property line, a maximum height of 5 feet, and a maximum size of 20 square feet. The sign must have a stone or masonry base, and will be subject to the City’s standard sight distance triangle. For comparison, the original 1969 ODP allowed a freestanding sign with a minimum setback of 15 feet, a maximum height of 15 feet, and a maximum size of 50 square feet. IV. SPECIFIC DEVELOPMENT PLAN Attached is a copy of the proposed Specific Development Plan (SDP) which contains four sheets (Exhibit 6, Specific Development Plan). The first page is a typical cover page with certification and signature blocks for the property owner(s), and Planning Commission, City Council, and Mayor. Because the panned development is being established to allow the existing structures, the site plan on page 2 simply shows the existing conditions including the building footprints, landscape and open space areas, parking spaces, and existing easements. Page 3 and 4 are landscape plans for the streetscape improvements along Kipling Street. As such, the landscaping plan for the remainder of the property is shown in much less detail than is typical for an SDP, as this landscaping and open space is existing. The planting schedule on page 3 refers to the detailed streetscape plan on page 4. These improvements were completed in conjunction with the Public Works Department and are being memorialized by this document. V. PLANNED DEVELOPMENT CRITERIA Criteria for the review of ODP and SDP documents are provided in section 26-303.D and 26-305.D, respectively. Staff has provided an analysis of these criteria below. Planning Commission shall base its recommendation in consideration of the extent to which the criteria have been met. OUTLINE DEVELOPMENT PLAN 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 5 Case No. WZ-18-03 and WZ-18-04 / Kipling Village The zone change will not result in an adverse effect on the surrounding area. The development has existed in the neighborhood for nearly 50 years, and the changes proposed by this ODP will be insular to the apartment community. Additionally, the modifications being proposed are part of overall improvements to the property that should help increase property values in the surrounding area. Sufficient parking exists on the property, so accommodation of several residential units as an alternative to commercial uses should not result in any adverse impact. Staff concludes that this criterion has been met. 2. The development proposed on the subject property is not feasible under any other zone district; and would require an unreasonable number of variances or waivers and conditions. The property has been zoned Planned Residential Development since 1969. While the development standards (setbacks, height, building coverage, etc.) are similar to those within the City’s standard multi-family residential zone district, the density exceeds that allowed within those zone districts. The property was approved in 1969 at a density of 28.8 dwelling units per acre. The proposed increase in units would bring the property to 31.5 dwelling units per acre. This property is located within the I-70/Kipling Corridor Urban Renewal Boundary, which was exempted from the City’s density limitations by the voters in 2009, and as such the proposed density is allowable. Staff concludes that this criterion has been met. 3. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property with improvements installed at the developers’ expense. Staff concludes that this criterion has been met. 4. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Envision Wheat Ridge, the City’s 2009 comprehensive plan (Exhibit 8, Comprehensive Plan), identifies this area as a Neighborhood Buffer. These areas are intended to function as a buffer between low-intensity residential uses and higher intensity commercial corridors and uses. The plan states that these neighborhood buffers will transition from a mix of residential and small- scale commercial uses to areas with higher intensity uses. This request supports the comprehensive plan by allowing a transitional use to remain between lower intensity residential uses to the west and southwest of the subject property and the more heavy commercial uses to the north and northeast of the subject property near the I-70 / Kipling Street interchange. Planning Commission 6 Case No. WZ-18-03 and WZ-18-04 / Kipling Village This request will allow the property owner to continue enhancing an established apartment community, increase housing options by adding additional residential units to the property, and support increased investment in the surrounding area. This helps to achieve goals established by Envision Wheat Ridge and the Neighborhood Revitalization Strategy. 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 Planned Residential Development (PRD) zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The original zoning document for this property was approved in 1969, with construction being completed in 1970. Historic aerials from 1971 indicate a much more rural landscape along Kipling Street, even with the recent introduction of Interstate 70. There were very few structures along Kipling Street, which suggest commercial/retail activity was located a distance from the property. At that time smaller commercial/service establishments were likely desirable, and necessary to provide some nearby commercial services for those living in the apartment community. This corridor has grown significantly over the decades, and the development/redevelopment of land, especially north of the interstate, have introduced a wide array of commercial, retail, service, and dining establishments within several blocks of the subject property. This can make these older, smaller commercial spaces embedded within residential properties difficult to market today. The applicant would like to adapt to this current reality by allowing residential units within these front buildings, while maintaining some flexibility by continuing to allow for some low-intensity retail and service establishments, should the need or desire arise. 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. The Comprehensive Plan was written with the higher density residential in mind to transition from heavy commercial uses near the interchange to the low-density residential neighborhoods to west of Kipling Street. Planning Commission 7 Case No. WZ-18-03 and WZ-18-04 / Kipling Village Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate the ODP support this request. SPECIFIC DEVELOPMENT PLAN 1. The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of this article. The property does not have a specific development plan because it was not a requirement of the original Jefferson County approval. Creation of the SDP document the improvements on site and serve as a baseline for future modifications meeting the purpose of today’s planned development regulations. Staff concludes this criterion has been met. 2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan. The SDP is consistent with the existing improvements on the property and with the proposed purpose of the outline development plan. Staff concludes 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. The SDP is consistent with the existing uses on the property and with the proposed use standards in the outline development plan. Staff concludes this criterion has been met. 4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan. No new development is being proposed; the SDP shows existing conditions and recent improvements and does not propose any further modifications to the design of the site. Staff concludes that this criterion is not applicable. 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 responding agencies have indicated they can serve the property with improvements installed at the developers’ expense. Staff concludes this criterion has been met. Planning Commission 8 Case No. WZ-18-03 and WZ-18-04 / Kipling Village 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 requirements of the Architectural and Site Design Manual and Streetscape Design Manual are triggered by new development and not by a zone change. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. VI. NEIGHBORHOOD MEETING Pursuant to section 26-109 of the Code of Laws, the applicant notified all property owners and residents within 600 feet of the site of the neighborhood meeting. Neighborhood meetings are required prior to submittal of an application for a zone change. The neighborhood input meeting was held on May 24, 2017. Eight (8) members of the public attended the meeting in addition to the applicant and staff. During the meeting questions were raised about access and the future use of Blocks 9 and 10. Attendees also noted that the improvements occurring on the property were welcome. (Exhibit 7, Neighborhood Meeting Notes) Public noticing is also required prior to public hearings. This noticing began on September 6. As of the finalization of this Staff Report on September 14, Staff has received one call. The caller was concerned additional apartments were being built on the Fruitdale Park property. The caller was satisfied to hear the new units proposed would be accommodated in existing buildings, and the Fruitdale Park (owned by the City of Wheat Ridge) was not a part of this request. VII. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: Proposal does not entail any site changes, and as such no traffic or drainage information is required. Consolidated Mutual Water District: Noted that a change in use of any building will require a new application for service. Xcel Energy: No objection. Century Link: No objection. Planning Commission 9 Case No. WZ-18-03 and WZ-18-04 / Kipling Village VIII. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed Planned Residential Development and accompanying Outline and Specific Development Plans are consistent with the goals and policies of the City’s comprehensive plan. A conversion to townhomes may promote neighborhood stability and home ownership. With no proposed redevelopment, staff concludes that the rezoning will not adversely affect the health, safety, and welfare of the community. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-18-03 and WZ-18-04. IX. SUGGESTED MOTIONS OUTLINE DEVELOPMENT PLAN Option A: “I move to recommend APPROVAL of Case No. WZ-18-03, a request for approval of an Outline Development Plan on property zoned Planned Residential Development located at 4635 and 4665 Kipling Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. The development is not feasibly under any other zone district, and has been zoned as a Planned Residential Development for nearly 50 years. 3. All responding agencies have indicated they can serve the property with improvements installed at the developers’ expense. 4. The change of zone is in conformance with Envision Wheat Ridge. 5. A change of character along the Kipling Corridor has occurred since the property was entitled in 1969, and it is in the public interest to encourage investment in the property by allowing for flexibility in the uses along Kipling Street. And with the following conditions: 1. The total number of units on page 2 of the ODP be revised to 234, as is reflected in the site plan on the same page. Option B: “I move to recommend DENIAL of Case No. WZ-18-03, a request for approval of an Outline Development Plan on property zoned Planned Residential Development located at 4635 and 4665 Kipling Street, for the following reasons: 1. 2. …” Planning Commission 10 Case No. WZ-18-03 and WZ-18-04 / Kipling Village SPECIFIC DEVELOPMENT PLAN Option A: “I move to recommend APPROVAL of Case No. Case No. WZ-18-04, a request for approval of a Specific Development Plan on property zoned Planned Residential Development located at 4635 and 4665 Kipling Street, for the following reasons: 1. The specific development plan is consistent with the purpose of a planned development, as stated in Section 26-301 of the Code of Laws. 2. The specific development plan is consistent with the intent and purpose of the outline development plan. 3. The proposed uses are consistent with those approved by the outline development plan, and will allow for continued investment in the property. 4. All responding agencies have indicated they can serve the property with improvements installed at the developers’ expense. 5. The specific development plan is in substantial compliance with the applicable standards set forth in the outline development plan. Option B: “I move to recommend DENIAL of Case No. Case No. WZ-18-04, a request for approval of a Specific Development Plan on property zoned Planned Residential Development located at 4635 and 4665 Kipling Street, for the following reasons: 1. 2. …” Planning Commission 11 Case No. WZ-18-03 and WZ-18-04 / Kipling Village EXHIBIT 1: 2016 AERIAL Planning Commission 12 Case No. WZ-18-03 and WZ-18-04 / Kipling Village EXHIBIT 2: ZONING MAP Planning Commission 13 Case No. WZ-18-03 and WZ-18-04 / Kipling Village Attached as an 11x17 document on the following page. EXHIBIT 3: 1969 OFFICIAL DEVELOPMENT PLAN Planning Commission 15 Case No. WZ-18-03 and WZ-18-04 / Kipling Village EXHIBIT 4: APPLICANT NARRATIVE Planning Commission 16 Case No. WZ-18-03 and WZ-18-04 / Kipling Village Planning Commission 17 Case No. WZ-18-03 and WZ-18-04 / Kipling Village . Planning Commission 19 Case No. WZ-18-03 and WZ-18-04 / Kipling Village Attached as an 11x17 document on the following page. EXHIBIT 5: OFFICIAL DEVELOPMENT PLAN C A M E L O T C L U B A P A R T M E N T S , A M E N D M E N T 1 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 N O U T L I N E 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 H A T P A R T O F T H E N O R T H E A S T O N E Q U A R T E R O F S E C T I O N 2 1 , T 3 S , R 6 9 W O F T H E 6 T H P . M . J E F F E R S O N C O U N T Y , C O L O R A D O N O R T H C H A R A C T E R O F D E V E L O P M E N T K I P L I N G V I L L A G E I S L O C A T E D O N T H E W E S T S I D E O F K I P L I N G S T R E E T A N D N O R T H O F W . 4 4 T H A V E N U E . T H E P R O P E R T Y I S C O M P O S E D O F T H R E E P A R C E L S L I S T E D U N D E R 4 6 6 5 A N D 4 6 3 5 K I P L I N G S T R E E T A N D T H E S E P A R C E L S A R E Z O N E D 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 ( P R D ) . T H E K I P L I N G V I L L A G E A P A R T M E N T S H A V E T E N B U I L D I N G S A N D T H E P A R C E L S A T 4 6 6 5 A N D 4 6 3 5 K I P L I N G S T R E E T H A V E I D E N T I C A L B U I L D I N G F O O T P R I N T S . S U R R O U N D I N G L A N D U S E S I N C L U D E A N U M B E R O F C O M M E R C I A L U S E S I N C L U D I N G O F F I C E , S E R V I C E A N D R E T A I L U S E S . L E G A L D E S C R I P T I O N : P A R C E L A : T H E S O U T H 1 / 2 M O R E O R L E S S , C A M E L O T C L U B A P A R T M E N T S , A C C O R D I N G T O T H E R E C O R D E D P L A T T H E R E O F , 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 , D E S C R I B E D A S F O L L O W S : C O M M E N C I N G A T T H E N O R T H E A S T C O R N E R O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S , T H E N C E S O U T H A L O N G T H E E A S T B O U N D A R Y L I N E T H E R E O F A D I S T A N C E O F 2 6 3 . 1 1 F E E T T O T H E P O I N T O F B E G I N N I N G O F T H E T R A C T H E R E I N D E S C R I B E D ; T H E N C E S O U T H A L O N G S A I D E A S T B O U N D A R Y L I N E 2 6 3 . 1 1 F E E T T O T H E S O U T H E A S T C O R N E R O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S ; T H E N C E W E S T A L O N G T H E S O U T H B O U N D A R Y L I N E O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S , A D I S T A N C E O F 6 1 9 . 1 7 F E E T T O T H E S O U T H W E S T C O R N E R O F S A I D P L A T O F C A M E L O T C L U B A P A R T M E N T S ; T H E N C E N O R T H A L O N G T H E W E S T B O U N D A R Y L I N E O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S A D I S T A N C E O F 2 6 1 . 1 8 5 F E E T T O A P O I N T O N S A I D W E S T B O U N D A R Y L I N E T H E R E O F , W H I C H I S 2 6 1 . 1 8 5 F E E T S O U T H O F T H E N O R T H W E S T C O R N E R O F S A I D P L A T O F C A M E L O T C L U B A P A R T M E N T S ; T H E N C E E A S T 6 1 9 . 3 6 F E E T , M O R E O R L E S S , T O T H E P O I N T O F B E G I N N I N G , 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 X C E P T T H E E A S T 3 F E E T O F T H E N O R T H 2 0 0 F E E T O F T H E S O U T H 2 6 3 . 1 1 F E E T O F C A M E L O T C L U B A P A R T M E N T S . P A R C E L B : T H I S P A R C E L I S L O C A T E D T O T H E S O U T H A N D A D J A C E N T T O T H I S P R O P E R T Y . N O T A P A R T O F T H I S O D P / S D P . P A R C E L C : A T R A C T O F L A N D L O C A T E D I N T H E N E 1 / 4 O F S E C T I O N 2 1 , 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 6 T H P . M . D E S C R I B E D A S F O L L O W S : C O M M E N C I N G A T T H E N O R T H E A S T C O R N E R O F T H E N E 1 / 4 O F S A I D S E C T I O N 2 1 ; T H E N C E S O U T H 0 D E G R E E S 2 2 M I N U T E S 0 0 S E C O N D S E A S T A L O N G T H E E A S T L I N E O F T H E N E 1 / 4 O F S A I D S E C T I O N 2 1 , A D I S T A N C E O F 1 1 9 3 . 4 0 F E E T , T O T H E N O R T H E A S T C O R N E R O F T H A T T R A C T O F L A N D D E S C R I B E D I N B O O K 1 0 1 3 A T P A G E 3 4 3 O F T H E J E F F E R S O N C O U N T Y R E C O R D S ; T H E N C E S O U T H 8 9 D E G R E E S 1 4 M I N U T E S 4 9 S E C O N D S W E S T P A R A L L E L W I T H T H E N O R T H L I N E O F T H E N E 1 / 4 O F S A I D S E C T I O N 2 1 A N D A L O N G T H E N O R T H L I N E O F T H A T T R A C T D E S C R I B E D I N S A I D B O O K 1 0 1 3 A T P A G E 3 4 3 , A D I S T A N C E O F 4 5 . 0 0 F E E T T O T H E T R U E P O I N T O F B E G I N N I N G ; T H E N C E C O N T I N U I N G S O U T H 8 9 D E G R E E S 1 4 M I N U T E S 4 9 S E C O N D S W E S T P A R A L L E L W I T H T H E N O R T H L I N E O F S A I D N E 1 / 4 A N D A L O N G T H E N O R T H L I N E O F T H A T T R A C T A S D E S C R I B E D I N B O O K 1 0 1 3 A T P A G E 3 4 3 A N D I T ' S W E S T E R L Y E X T E N S I O N A D I S T A N C E O F 6 1 9 . 1 1 F E E T T O A P O I N T O N T H E W E S T L I N E O F T H E E 1 / 2 O F T H E E 1 / 2 O F T H E N E I / 4 O F S E C T I O N 2 1 ; T H E N C E N O R T H 0 D E G R E E S 2 4 M I N U T E S 2 4 S E C O N D S W E S T A L O N G S A I D W E S T L I N E , A D I S T A N C E O F 4 . 2 9 F E E T T O T H E S O U T H W E S T C O R N E R O F T H E C A M E L O T C L U B A P A R T M E N T S , A S U B D I V I S I O N R E C O R D E D I N T H E O F F I C I A L R E C O R D S O F J E F F E R S O N C O U N T Y ; T H E N C E N O R T H 8 9 D E G R E E S 3 6 M I N U T E S 0 0 S E C O N D S E A S T A L O N G T H E S O U T H L I N E O F S A I D C A M E L O T C L U B A P A R T M E N T S , A D I S T A N C E O F 6 1 9 . 1 0 F E E T T O T H E S O U T H E A S T C O R N E R O F S A I D C A M E L O T C L U B A P A R T M E N T S ; T H E N C E S O U T H 0 D E G R E E S 2 2 M I N U T E S 0 0 S E C O N D S E A S T P A R A L L E L W I T H T H E E A S T L I N E O F T H E N E 1 / 4 A N D 4 5 . 0 0 F E E T W E S T E R L Y , A D I S T A N C E O F 0 . 4 8 F E E T T O T H E T R U E P O I N T O F B E G I N N I N G , 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 . P A R C E L D : T H E N O R T H 1 / 2 O F C A M E L O T C L U B A P A R T M E N T S , A C C O R D I N G T O T H E R E C O R D E D P L A T T H E R E O F , 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 , D E S C R I B E D A S F O L L O W S : C O M M E N C I N G A T T H E N O R T H E A S T C O R N E R O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S ; T H E N C E S O U T H A L O N G T H E E A S T B O U N D A R Y L I N E T H E R E O F A D I S T A N C E O F 2 6 3 . 1 1 F E E T T O A P O I N T ; T H E N C E W E S T 6 1 9 . 5 4 F E E T , M O R E O R L E S S , T O A P O I N T O N T H E W E S T B O U N D A R Y L I N E O F S A I D P L A T W H I C H I S 2 6 1 . 1 8 5 F E E T S O U T H O F T H E N O R T H W E S T C O R N E R O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S ; T H E N C E N O R T H 2 6 1 . 1 8 5 F E E T , M O R E O R L E S S T O T H E N O R T H W E S T C O R N E R O F S A I D P L A T ; T H E N C E E A S T A L O N G T H E N O R T H B O U N D A R Y L I N E O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S A D I S T A N C E O F 6 1 9 . 5 4 F E E T M O R E O R L E S S T O T H E P O I N T O F B E G I N N I N G , 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 X C E P T T H E S O U T H 2 0 0 . 0 0 F E E T O F T H E N O R T H 2 6 3 . 1 1 F E E T O F T H E E A S T 3 . 0 0 F E E T T H E R E O F . B A S I S O F B E A R I N G S : B E A R I N G S A R E B A S E D O N A L I N E B E T W E E N C I T Y O F W H E A T R I D G E G P S S U R V E Y M O N U M E N T S P H A C - 4 A N D P H A C - 3 A S B E A R I N G S O U T H 8 1 ° 0 5 ' 1 3 " E A S T , B E I N G A G R I D B E A R I N G O F T H E C O L O R A D O S T A T E P L A N E C O O R D I N A T E S Y S T E M , C E N T R A L Z O N E , N O R T H A M E R I C A N D A T U M 1 9 8 3 / 9 2 . B E N C H M A R K : B E N C H M A R K I S C I T Y O F W H E A T R I D G E G P S S U R V E Y M O N U M E N T P H A C - 4 , E L E V A T I O N = 5 3 7 5 . 3 8 N A V D 8 8 . 0 S C A L E : 1 " = 5 0 0 5 0 0 1 0 0 0 5 0 0 ' V I C I N I T Y M A P P R O J E C T S I T E W 4 7 T H A V E W 4 5 T H A V E W 4 4 T H A V E W 4 4 T H A V E W 4 7 T H KIPLING ST LEE ST INDEPENDENCE ST I - 7 0 FILEPATH: P:\KIPLING VILLAGE ODP PO_ 120836 - 0370-01-0002\DRAWINGS\SUBMITTALS\PREFERREDCONCEPTPLAN-02\ND-LANDSCAPE-PLAN-ODP-SDP.DWG LAYOUT: ODP----R Know what's below.Call before you dig.CALL 3 BUSINESS DAYS IN ADVANCE BEFORE YOUDIG, GRADE, OR EXCAVATE FOR THE MARKING OFUNDERGROUND MEMBER UTILITIES. I S S U E D A T E : D A T E R E V I S I O N C O M M E N T S S H E E T N O . DESIGNED BY:CHECKED BY:DRAWN BY: P R O J E C T # : PLOTTED: WED 08/29/18 3:37:52P BY: PATRICK HANNON1120 Lincoln Street, Suite 1000Denver, Colorado 80203P: 303.623.6300 F: 303.623.631 1 HarrisKocherSmith.com PREPARED BY:NORRIS DESIGN1101 BANNOCK STREETDENVER, CO 80204303-892-1166 O F 9 / 2 6 / 1 7 PHPHDH 0 8 / 2 9 / 1 8 O D P / S D P R E V I S I O N S NO CHANGES ARE TO BE MADE TO THIS DRAWING WITHOUT WRITTEN PERMISSION OF HARRIS KOCHER SMITH.NOT FOR CONSTRUCTION C A M E L O T C L U B A P A R T M E N T S O D P - 1 T I T L E P A G E O D P - 2 S C H E M A T I C S I T E P L A N O W N E R K I P L I N G V I L L A G E A P A R T M E N T S 4 6 6 5 A N D 4 6 3 5 K I P L I N G S T R E E T W H E A T R I D G E , C O 8 0 0 3 3 7 2 0 - 5 0 8 - 4 9 7 9 E N G I N E E R H A R R I S K O C H E R S M I T H 1 1 2 0 L I N C O L N S T R E E T D E N V E R , C O 8 0 2 0 3 3 0 3 - 6 2 3 - 6 3 0 0 L A N D S C A P E A R C H I T E C T N O R R I S D E S I G N 1 1 0 1 B A N N O C K S T R E E T D E N V E R , C O 8 0 2 0 4 3 0 3 - 8 9 2 - 1 1 6 6 P R O J E C T I N F O R M A T I O N S H E E T I N D E X N O T E S 1 . W I D T H O F E A S T S I D E O F K I P L I N G S T R E E T H A S B E E N T A K E N F R O M C O L O R A D O D E P A R T M E N T R I G H T - O F - W A Y M A P S . 2 . T H E B E A R I N G S O N T H I S P L A T A R E R E L A T E D T O T H E B E A R I N G O F T H E E A S T L I N E O F S E C T I O N 2 1 A S D E T E R M I N E D B Y T H E C O L O R A D O D E P A R T M E N T O F H I G H W A Y S A N D S H O W N O N T H E I R R I G H T - O F - W A Y A N D C O N S T R U C T I O N D R A W I N G S . 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 T 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 F 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 . 4 . T H E C A M E L O T C L U B A P A R T M E N T S P L A T F R O M N O V E M B E R 1 9 6 9 W A S U T I L I Z E D F O R T H E C R E A T I O N O F T H E D O C U M E N T S . O D P - 1 CLERK AND RECORDER'S CERTIFICATESTATE OF COLORADO )) SSCOUNTY OF JEFFERSON )I HEREBY CERTIFY THAT THIS PLAN WAS FILED IN THE OFFICE OF THE COUNTY CLERK ANDRECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT _________O'CLOCK _.M.ON THE ____DAY OF ______________ 2018 A.D., IN BOOK ________, PAGE _______, RECEPTIONNO. ____________JEFFERSON COUNTY CLERK AND RECORDERBY:_______________________________________(DEPUTY)OWNER'S CERTIFICATE:THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) THEREOF, DO HEREBYAGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS APLANNED DEVELOPMENT IN ACCORDANCE WITH THE USES, RESTRICTIONS AND CONDITIONSCONTAINED IN THIS PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW. I (WE) FURTHERRECOGNIZE THAT THE APPROVAL OF A REZONING TO PLANNED DEVELOPMENT, ANDAPPROVAL OF THIS OUTLINE DEVELOPMENT PLAN, DOES NOT CREATE A VESTED PROPERTYRIGHT. VESTED PROPERTY RIGHTS MAY ONLY ARISE AND ACCRUE PURSUANT TO THEPROVISIONS OF SECTION 26-121 OF THE WHEAT RIDGE CODE OF LAWS.__________________________________JAMES WOLF, OWNERSTATE OF COLORADO )) SSCOUNTY OF JEFFERSON )THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE METHIS _____DAY OF___________, A.D. 2018 BY ____________________________WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES:________________________________________________NOTARY PUBLICPLANNING COMMISSON CERTIFICATIONRECOMMENDED FOR APPROVAL THIS ________DAY OF _______________, 2018BY THE WHEAT RIDGE PLANNING COMMISSION._______________________________CHAIRPERSONCITY CERTIFICATION APPROVED THIS ________DAY OF _____________, 2018 BY THE WHEAT RIDGE CITY COUNCIL._____________________ _______________________________CITY CLERKMAYOR_______________________________COMMUNITY DEVELOPMENT DIRECTOR P U R P O S E O F T H E A M E N D M E N T T H E P U R P O S E O F T H I S A M E N D M E N T I S T O M O D I F Y T H E Z O N I N G F O R B L O C K S 9 A N D 1 0 T O A L L O W M O R E F L E X I B I L I T Y F O R T H E P E R M I T T E D U S E S O F T H E S E T W O B U I L D I N G S A N D T O I N C R E A S E T H E M A X I M U M U N I T S F O R P A R C E L S 4 6 6 5 A N D 4 6 3 5 . I N O R D E R T O K E E P B L O C K S 9 A N D 1 0 O C C U P I E D I T I S N E C E S S A R Y T O A D D A P A R T M E N T H O M E S , R E T A I L , E A T I N G E S T A B L I S H M E N T S A N D P R O F E S S I O N A L O F F I C E S T O T H E P E R M I T T E D U S E S . T O A C C O M M O D A T E T H E A D D I T I O N A L U N I T S A L L O W E D I N B L O C K S 9 A N D 1 0 A N D T H E U N I T C O U N T F O R P A R C E L S 4 6 6 5 A N D 4 6 3 5 A R E T O B E I N C R E A S E D N O T T O E X C E E D 2 2 8 U N I T S . 2 1 C A S E H I S T O R Y : S U P - 7 3 - 0 7 W Z - 1 8 - 0 3 W Z - 1 8 - 0 4 0 S C A L E : 1 " = 4 0 4 0 8 0 4 0 ' N O R T H D E V E L O P M E N T S T A N D A R D S 1 . M A X I M U M D E N S I T Y : 2 3 8 U N I T S 2 . M A X I M U M B U I L D I N G C O V E R A G E : 3 0 % 3 . M I N I M U M O P E N S P A C E : 2 5 % 4 . M A X I M U M B U I L D I N G H E I G H T : 3 5 F E E T F O R P R I M A R Y S T R U C T U R E S 3 5 F E E T F O R A C C E S S O R Y S T R U C T U R E S 5 . M I N I M U M P A R K I N G : 1 P E R U N I T , T O T A L P A R K I N G F O R P A R C E L S : 2 2 8 ; C O M M E R C I A L U S E S T O C O M P L Y W I T H S E C T I O N 2 6 - 1 1 0 9 B I C Y C L E P A R K I N G : 2 4 E X I S T I N G 6 . E X T E R I O R 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 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 . 7 . 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 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 . 8 . A R C H I T E C T U R E : E A C H B U I L D 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 : - B R I C K M A S O N R Y H A L F W A Y U P E A C H B U I L D I N G O N A L L F O U R S I D E S - S I D I N G U P T O R O O F L I N E S B O R D E R I N G T H E W I N D O W S - P L Y W O O D D E C K I N G O N T H E M A N S A R D S - W I N D O W S A R E A L U M I N U M S I N G L E P A N E A N D V I N Y L D O U B L E P A N E S L I D E R 9 . M I N I M U M S E T B A C K S : A P A R T M E N T S F R O M A L L P E R I M E T E R L O T L I N E S : 2 0 ' A C C E S S O R Y S T R U C T U R E S F R O M P E R I M E T E R S I D E / R E A R L O T L I N E S : 5 ' A C C E S S O R Y S T R U C T U R E S F R O M F R O N T L O T L I N E : 2 0 ' A L L S T R U C T U R E S F R O M I N T E R I O R L O T L I N E : 0 ' 1 0 . S I G N S : O N E F R E E S T A N D I N G S I G N P E R M I T T E D A T T H E M A I N E N T R Y D R I V E - M A X I M U M S I Z E : 2 0 S Q U A R E F E E T - M A X I M U M H E I G H T : 5 F E E T - M I N I M U M S E T B A C K : 5 F E E T - M U S T B E A M O N U M E N T S I G N W I T H S T O N E / M A S O N R Y B A S E A L L O T H E R S I G N S M U S T C O N F O R M T O C H A P T E R 2 6 , A R T I C L E V I I 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 ADJACENT ZONING: PLANNED RESIDENTIAL DEVELOPMENTFILEPATH: P:\KIPLING VILLAGE ODP PO_ 120836 - 0370-01-0002\DRAWINGS\SUBMITTALS\PREFERREDCONCEPTPLAN-02\ND-LANDSCAPE-PLAN-ODP-SDP.DWG LAYOUT: ODP (2)----R Know what's below.Call before you dig.CALL 3 BUSINESS DAYS IN ADVANCE BEFORE YOUDIG, GRADE, OR EXCAVATE FOR THE MARKING OFUNDERGROUND MEMBER UTILITIES. I S S U E D A T E : D A T E R E V I S I O N C O M M E N T S S H E E T N O . DESIGNED BY:CHECKED BY:DRAWN BY: P R O J E C T # : PLOTTED: WED 08/29/18 3:37:57P BY: PATRICK HANNON1120 Lincoln Street, Suite 1000Denver, Colorado 80203P: 303.623.6300 F: 303.623.631 1 HarrisKocherSmith.com PREPARED BY:NORRIS DESIGN1101 BANNOCK STREETDENVER, CO 80204303-892-1166 O F 9 / 2 6 / 1 7 PHPHDH 0 8 / 2 9 / 1 8 O D P / S D P R E V I S I O N S NO CHANGES ARE TO BE MADE TO THIS DRAWING WITHOUT WRITTEN PERMISSION OF HARRIS KOCHER SMITH.NOT FOR CONSTRUCTION C A M E L O T C L U B A P A R T M E N T S O D P - 2 LEGENDBUILDINGOPEN SPACEPARKING/DRIVE AISLEPROPERTY LINETRAFFIC DIRECTION P E R M I T T E D U S E S B L O C K 1 - 8 A P A R T M E N T U N I T S C O M M O N A R E A U S E S H O M E O C C U P A T I O N S P E R S E C T I O N 2 6 - 6 1 3 O F T H E M U N I C I P A L C O D E H O U S E H O L D P E T S , P E R S E C T I O N 2 6 - 2 0 4 O F T H E M U N I C I P A L C O D E B L O C K 9 - 1 0 : A P A R T M E N T U N I T S E A T I N G E S T A B L I S H M E N T S , N O D R I V E - T H R O U G H H O M E O C C U P A T I O N S P E R S E C T I O N 2 6 - 6 1 3 O F T H E M U N I C I P A L C O D E H O U S E H O L D P E T S , P E R S E C T I O N 2 6 - 2 0 4 O F T H E M U N I C I P A L C O D E L E A S I N G O F F I C E S P E R S O N A L S E R V I C E S P R O F E S S I O N A L O F F I C E S R E C R E A T I O N U S E S R E T A I L U S E S , L E S S T H A N 5 , 1 9 6 S F U S E S T H A T A R E S I M I L A R T O T H O S E L I S T E D , P E R S E C T I O N 2 6 - 2 0 4 O F T H E M U N I C I P A L C O D E BLOCK 530 UNITS (MAX) B L O C K 6 2 4 U N I T S ( M A X ) B L O C K 4 2 4 U N I T S ( M A X ) BLOCK 330 UNITS (MAX)BLOCK 730 UNITS (MAX) B L O C K 8 2 4 U N I T S ( M A X ) B L O C K 2 2 4 U N I T S ( M A X ) BLOCK 130 UNITS (MAX)WEST LINE E12 E12 NE12 SECTION 21, T3S, R69W, 6TH P.M.ADJACENT ZONING: COMMERCIAL -1PARALLEL TO THE NORTH LINE SECTION 21, T3S, R69W, 6TH P.M. T O N E C O R N E R S E C T I O N 2 1 , T 3 S , R 6 9 W , 6 T H P . M . KIPLING STREET BLOCK 10 12 UNITS (MAX) BLOCK 9 6 UNITS (MAX) P R I M A R Y A C C E S S S I T E D A T A A D D R E S S : 4 6 3 5 - 4 6 6 5 K I P L I N G S T R E E T T O T A L L O T S I Z E : 7 . 5 A C R E S / 3 2 6 , 1 0 0 S Q U A R E F E E T Z O N I N G : 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 2 2 B L O C K 1 1 - 1 2 : O P E N S P A C E U R B A N G A R D E N S R E C R E A T I O N U S E S C O M M O N A R E A U S E S A C C E S S O R Y S T R U C T U R E S ( E G G A Z E B O S ) B L O C K 1 3 : P A R K I N G D R I V E A I S L E S L A N D S C A P I N G A C C E S S O R Y S T R U C T U R E S ( E G G A R A G E S , C A R P O R T S ) N O T P E R M I T T E D : A U T O - R E L A T E D S A L E S O R S E R V I C E D R I V E - T H R O U G H U S E S M A R I J U A N A - R E L A T E D U S E S ADJACENT ZONING: RESIDENTIAL-THREE BLOCK 13 B L O C K 1 3 BLOCK 13 B L O C K 1 3 BLOCK 13 B L O C K 1 3 BLOCK 13 BLOCK 13BLOCK 1 2 BLOCK 1 1 BLOCK 13 C A M E L O T C L U B A P A R T M E N T S , A M E N D M E N T 1 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 N O U T L I N E 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 H A T P A R T O F T H E N O R T H E A S T O N E Q U A R T E R O F S E C T I O N 2 1 , T 3 S , R 6 9 W O F T H E 6 T H P . M . J E F F E R S O N C O U N T Y , C O L O R A D O Planning Commission 21 Case No. WZ-18-03 and WZ-18-04 / Kipling Village Attached as an 11x17 document on the following page. EXHIBIT 6: SPECIFIC DEVELOPMENT PLAN T H A T P A R T O F T H E N O R T H E A S T O N E Q U A R T E R O F S E C T I O N 2 1 , T 3 S , R 6 9 W O F T H E 6 T H P . M . J E F F E R S O N C O U N T Y , C O L O R A D O N O R T H 0 S C A L E : 1 " = 5 0 0 5 0 0 1 0 0 0 5 0 0 ' V I C I N I T Y M A P P R O J E C T S I T E W 4 7 T H A V E W 4 5 T H A V E W 4 4 T H A V E W 4 4 T H A V E W 4 7 T H KIPLING ST LEE ST INDEPENDENCE ST I - 7 0 FILEPATH: P:\KIPLING VILLAGE ODP PO_ 120836 - 0370-01-0002\DRAWINGS\SUBMITTALS\PREFERREDCONCEPTPLAN-02\ND-LANDSCAPE-PLAN-ODP-SDP.DWG LAYOUT: SDP----R Know what's below.Call before you dig.CALL 3 BUSINESS DAYS IN ADVANCE BEFORE YOUDIG, GRADE, OR EXCAVATE FOR THE MARKING OFUNDERGROUND MEMBER UTILITIES. I S S U E D A T E : D A T E R E V I S I O N C O M M E N T S S H E E T N O . DESIGNED BY:CHECKED BY:DRAWN BY: P R O J E C T # : PLOTTED: WED 08/29/18 3:38:04P BY: PATRICK HANNON1120 Lincoln Street, Suite 1000Denver, Colorado 80203P: 303.623.6300 F: 303.623.631 1 HarrisKocherSmith.com PREPARED BY:NORRIS DESIGN1101 BANNOCK STREETDENVER, CO 80204303-892-1166 O F 9 / 2 6 / 1 7 PHPHDH 0 8 / 2 9 / 1 8 O D P / S D P R E V I S I O N S NO CHANGES ARE TO BE MADE TO THIS DRAWING WITHOUT WRITTEN PERMISSION OF HARRIS KOCHER SMITH.NOT FOR CONSTRUCTION C A M E L O T C L U B A P A R T M E N T S S D P - 1 T I T L E P A G E S D P - 2 S C H E M A T I C S I T E P L A N S D P - 3 O V E R A L L L A N D S C A P E P L A N S D P - 4 L A N D S C A P E E N L A R G E M E N T OWNER E N G I N E E R L A N D S C A P E A R C H I T E C T KIPLING VILLAG E A P A R T M E N T S H A R R I S K O C H E R S M I T H N O R R I S D E S I G N 4665 KIPLING S T R E E T 1 1 2 0 L I N C O L N S T R E E T 1 1 0 1 B A N N O C K S T R E E T WHEAT RIDGE, C O 8 0 0 3 3 D E N V E R , C O 8 0 2 0 3 D E N V E R , C O 8 0 2 0 4 720-508-4979 3 0 3 - 6 2 3 - 6 3 0 0 3 0 3 - 8 9 2 - 1 1 6 6 PROJECT INF O R M A T I O N S H E E T I N D E X S D P - 1 PLANNING COMMISSON CERTIFICATIONRECOMMENDED FOR APPROVAL THIS ________DAY OF ______, 2018BY THE WHEAT RIDGE PLANNING COMMISSION._______________________________CHAIRPERSONCITY CERTIFICATION APPROVED THIS ________DAY OF _____________, 2018 BY THE WHEAT RIDGE CITY COUNCIL._____________________________________ ______________________________________CITY CLERKMAYOR_______________________________COMMUNITY DEVELOPMENT DIRECTOR CHARACTER OF D E V E L O P M E N T KIPLING VILLAGE I S L O C A T E D O N T H E W E S T S I D E O F K I P L I N G S T R E E T A N D N O R T H O F W . 4 4 T H A V E N U E . T H E PROPERTY IS COM P O S E D O F T W O P A R C E L S L I S T E D U N D E R 4 6 6 5 A N D 4 6 3 5 K I P L I N G S T R E E T A N D T H E S E PARCELS ARE ZON E D 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 ( P R D ) . T H E K I P L I N G V I L L A G E A P A R T M E N T S H A V E TEN BUILDINGS AN D T H E P A R C E L S A T 4 6 6 5 A N D 4 6 3 5 K I P L I N G S T R E E T H A V E I D E N T I C A L B U I L D I N G F O O T P R I N T S . SURROUNDING LA N D U S E S I N C L U D E A N U M B E R O F C O M M E R C I A L U S E S I N C L U D I N G O F F I C E , S E R V I C E A N D RETAIL USES. L E G A L D E S C R I P T I O N : P A R C E L A : T H E S O U T H 1 / 2 M O R E O R L E S S , C A M E L O T C L U B A P A R T M E N T S , A C C O R D I N G T O T H E R E C O R D E D P L A T T H E R E O F , 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 , D E S C R I B E D A S F O L L O W S : C O M M E N C I N G A T T H E N O R T H E A S T C O R N E R O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S , T H E N C E S O U T H A L O N G T H E E A S T B O U N D A R Y L I N E T H E R E O F A D I S T A N C E O F 2 6 3 . 1 1 F E E T T O T H E P O I N T O F B E G I N N I N G O F T H E T R A C T H E R E I N D E S C R I B E D ; T H E N C E S O U T H A L O N G S A I D E A S T B O U N D A R Y L I N E 2 6 3 . 1 1 F E E T T O T H E S O U T H E A S T C O R N E R O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S ; T H E N C E W E S T A L O N G T H E S O U T H B O U N D A R Y L I N E O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S , A D I S T A N C E O F 6 1 9 . 1 7 F E E T T O T H E S O U T H W E S T C O R N E R O F S A I D P L A T O F C A M E L O T C L U B A P A R T M E N T S ; T H E N C E N O R T H A L O N G T H E W E S T B O U N D A R Y L I N E O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S A D I S T A N C E O F 2 6 1 . 1 8 5 F E E T T O A P O I N T O N S A I D W E S T B O U N D A R Y L I N E T H E R E O F , W H I C H I S 2 6 1 . 1 8 5 F E E T S O U T H O F T H E N O R T H W E S T C O R N E R O F S A I D P L A T O F C A M E L O T C L U B A P A R T M E N T S ; T H E N C E E A S T 6 1 9 . 3 6 F E E T , M O R E O R L E S S , T O T H E P O I N T O F B E G I N N I N G , 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 X C E P T T H E E A S T 3 F E E T O F T H E N O R T H 2 0 0 F E E T O F T H E S O U T H 2 6 3 . 1 1 F E E T O F C A M E L O T C L U B A P A R T M E N T S . P A R C E L B : T H I S P A R C E L I S L O C A T E D T O T H E S O U T H A N D A D J A C E N T T O T H I S P R O P E R T Y . N O T A P A R T O F T H I S O D P / S D P . P A R C E L C : A T R A C T O F L A N D L O C A T E D I N T H E N E 1 / 4 O F S E C T I O N 2 1 , 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 6 T H P . M . D E S C R I B E D A S F O L L O W S : C O M M E N C I N G A T T H E N O R T H E A S T C O R N E R O F T H E N E 1 / 4 O F S A I D S E C T I O N 2 1 ; T H E N C E S O U T H 0 D E G R E E S 2 2 M I N U T E S 0 0 S E C O N D S E A S T A L O N G T H E E A S T L I N E O F T H E N E 1 / 4 O F S A I D S E C T I O N 2 1 , A D I S T A N C E O F 1 1 9 3 . 4 0 F E E T , T O T H E N O R T H E A S T C O R N E R O F T H A T T R A C T O F L A N D D E S C R I B E D I N B O O K 1 0 1 3 A T P A G E 3 4 3 O F T H E J E F F E R S O N C O U N T Y R E C O R D S ; T H E N C E S O U T H 8 9 D E G R E E S 1 4 M I N U T E S 4 9 S E C O N D S W E S T P A R A L L E L W I T H T H E N O R T H L I N E O F T H E N E 1 / 4 O F S A I D S E C T I O N 2 1 A N D A L O N G T H E N O R T H L I N E O F T H A T T R A C T D E S C R I B E D I N S A I D B O O K 1 0 1 3 A T P A G E 3 4 3 , A D I S T A N C E O F 4 5 . 0 0 F E E T T O T H E T R U E P O I N T O F B E G I N N I N G ; T H E N C E C O N T I N U I N G S O U T H 8 9 D E G R E E S 1 4 M I N U T E S 4 9 S E C O N D S W E S T P A R A L L E L W I T H T H E N O R T H L I N E O F S A I D N E 1 / 4 A N D A L O N G T H E N O R T H L I N E O F T H A T T R A C T A S D E S C R I B E D I N B O O K 1 0 1 3 A T P A G E 3 4 3 A N D I T ' S W E S T E R L Y E X T E N S I O N A D I S T A N C E O F 6 1 9 . 1 1 F E E T T O A P O I N T O N T H E W E S T L I N E O F T H E E 1 / 2 O F T H E E 1 / 2 O F T H E N E I / 4 O F S E C T I O N 2 1 ; T H E N C E N O R T H 0 D E G R E E S 2 4 M I N U T E S 2 4 S E C O N D S W E S T A L O N G S A I D W E S T L I N E , A D I S T A N C E O F 4 . 2 9 F E E T T O T H E S O U T H W E S T C O R N E R O F T H E C A M E L O T C L U B A P A R T M E N T S , A S U B D I V I S I O N R E C O R D E D I N T H E O F F I C I A L R E C O R D S O F J E F F E R S O N C O U N T Y ; T H E N C E N O R T H 8 9 D E G R E E S 3 6 M I N U T E S 0 0 S E C O N D S E A S T A L O N G T H E S O U T H L I N E O F S A I D C A M E L O T C L U B A P A R T M E N T S , A D I S T A N C E O F 6 1 9 . 1 0 F E E T T O T H E S O U T H E A S T C O R N E R O F S A I D C A M E L O T C L U B A P A R T M E N T S ; T H E N C E S O U T H 0 D E G R E E S 2 2 M I N U T E S 0 0 S E C O N D S E A S T P A R A L L E L W I T H T H E E A S T L I N E O F T H E N E 1 / 4 A N D 4 5 . 0 0 F E E T W E S T E R L Y , A D I S T A N C E O F 0 . 4 8 F E E T T O T H E T R U E P O I N T O F B E G I N N I N G , 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 . P A R C E L D : T H E N O R T H 1 / 2 O F C A M E L O T C L U B A P A R T M E N T S , A C C O R D I N G T O T H E R E C O R D E D P L A T T H E R E O F , 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 , D E S C R I B E D A S F O L L O W S : C O M M E N C I N G A T T H E N O R T H E A S T C O R N E R O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S ; T H E N C E S O U T H A L O N G T H E E A S T B O U N D A R Y L I N E T H E R E O F A D I S T A N C E O F 2 6 3 . 1 1 F E E T T O A P O I N T ; T H E N C E W E S T 6 1 9 . 5 4 F E E T , M O R E O R L E S S , T O A P O I N T O N T H E W E S T B O U N D A R Y L I N E O F S A I D P L A T W H I C H I S 2 6 1 . 1 8 5 F E E T S O U T H O F T H E N O R T H W E S T C O R N E R O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S ; T H E N C E N O R T H 2 6 1 . 1 8 5 F E E T , M O R E O R L E S S T O T H E N O R T H W E S T C O R N E R O F S A I D P L A T ; T H E N C E E A S T A L O N G T H E N O R T H B O U N D A R Y L I N E O F T H E P L A T O F C A M E L O T C L U B A P A R T M E N T S A D I S T A N C E O F 6 1 9 . 5 4 F E E T M O R E O R L E S S T O T H E P O I N T O F B E G I N N I N G , 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 X C E P T T H E S O U T H 2 0 0 . 0 0 F E E T O F T H E N O R T H 2 6 3 . 1 1 F E E T O F T H E E A S T 3 . 0 0 F E E T T H E R E O F . B A S I S O F B E A R I N G S : B E A R I N G S A R E B A S E D O N A L I N E B E T W E E N C I T Y O F W H E A T R I D G E G P S S U R V E Y M O N U M E N T S P H A C - 4 A N D P H A C - 3 A S B E A R I N G S O U T H 8 1 ° 0 5 ' 1 3 " E A S T , B E I N G A G R I D B E A R I N G O F T H E C O L O R A D O S T A T E P L A N E C O O R D I N A T E S Y S T E M , C E N T R A L Z O N E , N O R T H A M E R I C A N D A T U M 1 9 8 3 / 9 2 . B E N C H M A R K : B E N C H M A R K I S C I T Y O F W H E A T R I D G E G P S S U R V E Y M O N U M E N T P H A C - 4 , E L E V A T I O N = 5 3 7 5 . 3 8 N A V D 8 8 . N O T E : T H E C A M E L O T C L U B A P A R T M E N T S P L A T F R O M N O V E M B E R 1 9 6 9 W A S U T I L I Z E D F O R T H E C R E A T I O N O F T H E D O C U M E N T S . S I T E D A T A T A B L E A D D R E S S 4 6 3 5 - 4 6 6 5 K I P L I N G S T R E E T TOT A L L O T S I Z E 7 . 5 A C R E S / 3 2 6 , 1 0 0 S Q U A R E F E E T Z O N I N G 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 ROW F O R L A N D U S E A P A R T M E N T S BUILDI N G C O V E R A G E 1 9 % / 6 2 , 8 3 0 S F OP E N S P A C E 3 2 % / 1 0 7 , 2 0 0 S F NO. O F T R E E S 4 2 T R E E S ( 2 4 E X I S T I N G , 1 8 P R O P O S E D ) NO. O F S H R U B S 2 7 6 S H R U B S BUIL D I N G H E I G H T 3 5 F E E T F O R P R I M A R Y S T R U C T U R E S 3 5 F E E T F O R A C C E S S O R Y S T R U C T U R E S VEHICLE PA R K I N G ( S T A N D A R D , ACCES S I B L E , T O T A L ) 3 2 2 P A R K I N G S P A C E S O N P A R C E L S 4 6 3 5 A N D 4 6 6 5 BICY C L E P A R K I N G 2 4 S P A C E S S E T B A C K S A P A R T M E N T S F R O M A L L P E R I M E T E R L O T L I N E S : 2 0 ' A C C E S S O R Y S T R U C T U R E S F R O M P E R I M E T E R S I D E / R E A R L O T L I N E S : 5 ' A C C E S S O R Y S T R U C T U R E S F R O M F R O N T L O T L I N E : 2 0 ' A L L S T R U C T U R E S F R O M I N T E R I O R L O T L I N E : 0 ' ARC H I T E C T U R E E A C H B U I L D 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 : - B R I C K M A S O N R Y H A L F W A Y U P E A C H B U I L D I N G O N A L L F O U R S I D E S - S I D I N G U P T O R O O F L I N E S B O R D E R I N G T H E W I N D O W S - P L Y W O O D D E C K I N G O N T H E M A N S A R D S - W I N D O W S A R E A L U M I N U M S I N G L E P A N E A N D V I N Y L D O U B L E P A N E S L I D E R N O T E : A N Y F U T U R E F A C A D E M O D I F I C A T I O N S , A S I D E F R O M G E N E R A L P R O P E R T Y M A I N T E N A N C E , W I L L B E S U B J E C T T O A S P E C I F I C D E V E L O P M E N T P L A N A M E N D M E N T . 1 4 C A M E L O T C L U B A P A R T M E N T S , A M E N D M E N T 1 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 N 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 OWNER'S CERTIFICATE:THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) THEREOF, DO HEREBYAGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS APLANNED DEVELOPMENT IN ACCORDANCE WITH THE USES, RESTRICTIONS AND CONDITIONSCONTAINED IN THIS PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW. I (WE) FURTHERRECOGNIZE THAT THE APPROVAL OF A REZONING TO PLANNED DEVELOPMENT, ANDAPPROVAL OF THIS SPECIFIC DEVELOPMENT PLAN, DOES NOT CREATE A VESTEDPROPERTY RIGHT. VESTED PROPERTY RIGHTS MAY ONLY ARISE AND ACCRUE PURSUANTTO THE PROVISIONS OF SECTION 26-121 OF THE WHEAT RIDGE CODE OF LAWS.__________________________________JAMES WOLF, OWNERSTATE OF COLORADO )) SSCOUNTY OF JEFFERSON )THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE METHIS _____DAY OF___________, A.D. 2018 BY ____________________________WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES:________________________________________________NOTARY PUBLICCLERK AND RECORDER'S CERTIFICATESTATE OF COLORADO )) SSCOUNTY OF JEFFERSON )I HEREBY CERTIFY THAT THIS PLAN WAS FILED IN THE OFFICE OF THE COUNTY CLERK ANDRECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT _________O'CLOCK _.M.ON THE ____DAY OF ______________ 2018 A.D., IN BOOK ________, PAGE _______, RECEPTIONNO. ____________JEFFERSON COUNTY CLERK AND RECORDERBY:_______________________________________(DEPUTY) C A S E H I S T O R Y : S U P - 7 3 - 0 7 W Z - 1 8 - 0 3 W Z - 1 8 - 0 4 P U R P O S E O F T H E A M E N D M E N T T H E P U R P O S E O F T H I S A M E N D M E N T I S T O M O D I F Y T H E Z O N I N G F O R B L O C K S 9 A N D 1 0 T O A L L O W M O R E F L E X I B I L I T Y F O R T H E P E R M I T T E D U S E S O F T H E S E T W O B U I L D I N G S A N D T O I N C R E A S E T H E M A X I M U M U N I T S F O R P A R C E L S 4 6 6 5 A N D 4 6 3 5 . I N O R D E R T O K E E P B L O C K S 9 A N D 1 0 O C C U P I E D I T I S N E C E S S A R Y T O A D D A P A R T M E N T H O M E S , R E T A I L , E A T I N G E S T A B L I S H M E N T S A N D P R O F E S S I O N A L O F F I C E S T O T H E P E R M I T T E D U S E S . T O A C C O M M O D A T E T H E A D D I T I O N A L U N I T S A L L O W E D I N B L O C K S 9 A N D 1 0 A N D T H E U N I T C O U N T F O R P A R C E L S 4 6 6 5 A N D 4 6 3 5 A R E T O B E I N C R E A S E D N O T T O E X C E E D 2 2 8 U N I T S . KIPLING STREET 1 8 S P A C E S 1 2 S P A C E S 9 S P A C E S 1 1 S P A C E S 1 5 S P A C E S 2 1 S P A C E S 1 5 S P A C E S 1 2 S P A C E S 7 SPACES 1 8 S P A C E S 1 2 S P A C E S 9 S P A C E S 1 2 S P A C E S 1 0 S P A C E S 1 3 S P A C E S 1 0 S P A C E S 1 2 S P A C E S 7 S P A C E S 5 SPACES 17 SPACES29 SPACES 10 SPACES28 SPACES 5 SPACES6 SPACES S 8 9 ° 5 8 ' 4 5 " W 6 1 9 . 4 2 ' 764.11' N 8 9 ° 5 1 ' 0 0 " W 3 . 0 0 ' N00°22'00"E 400.00' S 8 9 ° 5 1 ' 0 0 " E 3 . 0 0 ' N 0 0 ° 2 2 ' 0 0 " E 6 3 . 0 4 ' B K 2 2 4 6 P G 5 8 3 3 0 E A S E M E N T PERMANENT EASEMENTREC NO 2046842 PERMANENT EASEMENT REC NO 2046843 2 S T O R Y / G A R D E N L E V E L A P A R T M E N T B U I L D I N G S I G N P O O L A R E A P L A N T E R C O N C R E T E TENNI S C O U R T P O O L A R E A BASK E T B A L L ROW VARIES G R A S S B U S S T O P C O V E R E D 2 STORY W/GARDEN LEVEL G R A S S C O U R T Y A R D G R A S S C O U R T Y A R D G R A S S C O U R T Y A R D G R A S S C O U R T Y A R D G R A S S C O U R T Y A R D G R A S S C O U R T Y A R D G R A S S C O U R T Y A R D G R A S S C O U R T Y A R D B L O C K 2 B L O C K 1 B L O C K 1 1 B L O C K 1 3 B L O C K 1 3 B L O C K 1 3 B L O C K 1 3 B L O C K 1 3 BLOCK 13 BLOCK 13 B L O C K L I N E ( T Y P ) B L O C K 3 B L O C K 4 B L O C K 5 B L O C K 6 B L O C K 7 B L O C K 8 BLOCK 10 4.29'WEST LINE E1/2 E1/2 NE1/4 261.18' N O R T H L I N E C A M E L O T C L U B A P A R T M E N T S O W N E R : K I P L I N G V I L L A G E L L C SOUTH LINE NORTH 1 / 2 C A M E L O T C L U B A P A R T M E N T S O W N E R : J O H N M A R S H A L L M A R R I O T T O W N E R : I N T E R S T A T E 1 7 I N C OWNER: JEFFERSONOWNER: CITY OF WHEATRIDGEBLOCK 13 2 STORY LEASING OFFICE BLOCK 9 2 S T O R Y / G A R D E N L E V E L A P A R T M E N T B U I L D I N G 2 S T O R Y / G A R D E N L E V E L A P A R T M E N T B U I L D I N G 2 S T O R Y / G A R D E N L E V E L A P A R T M E N T B U I L D I N G 2 S T O R Y / G A R D E N L E V E L A P A R T M E N T B U I L D I N G 2 S T O R Y / G A R D E N L E V E L A P A R T M E N T B U I L D I N G 2 S T O R Y / G A R D E N L E V E L A P A R T M E N T B U I L D I N G 2 S T O R Y / G A R D E N L E V E L A P A R T M E N T B U I L D I N G CONCRETE COU R T A D J A C E N T Z O N I N G : C O M M E R C I A L - 1 A D J A C E N T Z O N I N G : R E S I D E N T I A L - 3 ADJACENT ZONING: PLANNED RESIDENTIAL DEVELOPMENT B L O C K 1 2 COUNTY A D J A C E N T Z O N I N G : C O M M E R C I A L - 1 ( I N C L U D E S P A R C E L B ) GR A S S GR A S S GR A S S GR A S S 0 S C A L E : 1 " = 4 0 4 0 8 0 4 0 ' N O R T H FILEPATH: P:\KIPLING VILLAGE ODP PO_ 120836 - 0370-01-0002\DRAWINGS\SUBMITTALS\PREFERREDCONCEPTPLAN-02\ND-LANDSCAPE-PLAN-ODP-SDP.DWG LAYOUT: SDP SITE PLAN----R Know what's below.Call before you dig.CALL 3 BUSINESS DAYS IN ADVANCE BEFORE YOUDIG, GRADE, OR EXCAVATE FOR THE MARKING OFUNDERGROUND MEMBER UTILITIES. I S S U E D A T E : D A T E R E V I S I O N C O M M E N T S S H E E T N O . DESIGNED BY:CHECKED BY:DRAWN BY: P R O J E C T # : PLOTTED: WED 08/29/18 3:38:07P BY: PATRICK HANNON1120 Lincoln Street, Suite 1000Denver, Colorado 80203P: 303.623.6300 F: 303.623.631 1 HarrisKocherSmith.com PREPARED BY:NORRIS DESIGN1101 BANNOCK STREETDENVER, CO 80204303-892-1166 O F 9 / 2 6 / 1 7 PHPHDH 0 8 / 2 9 / 1 8 O D P / S D P R E V I S I O N S NO CHANGES ARE TO BE MADE TO THIS DRAWING WITHOUT WRITTEN PERMISSION OF HARRIS KOCHER SMITH.NOT FOR CONSTRUCTION C A M E L O T C L U B A P A R T M E N T S S D P - 2 L E G E N D E A S E M E N T S P R O P E R T Y L I N E T R A F F I C D I R E C T I O N F E N C I N G L A N D S C A P I N G S I T E P L A N 4 2 SITE PLAN C A M E L O T C L U B A P A R T M E N T S , A M E N D M E N T 1 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 N O U T L I N E 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 H A T P A R T O F T H E N O R T H E A S T O N E Q U A R T E R O F S E C T I O N 2 1 , T 3 S , R 6 9 W O F T H E 6 T H P . M . J E F F E R S O N C O U N T Y , C O L O R A D O N O T E : P A R C E L B L O C A T E D I N A D J A C E N T P R O P E R T Y T O S O U T H KIPLING STREET S89°58'45"W N 8 9 ° 5 1 ' 0 0 " W 3 . 0 0 ' N00°22'00"E 400.00' 2 S T O R Y / G A R D E N L E V E L A P A R T M E N T B U I L D I N G POOL AREA CONC R E T E TENNIS COURT POOL AREABASKETBALL ROW VARIES B U S S T O P C O V E R E D 2 STORY W/GARDEN LEVEL B L O C K 2 BLOCK 1BLOCK 3 B L O C K 4 BLOCK 5 B L O C K 6 BLOCK 7 B L O C K 8 BLOCK 10 2 STORY LEASING OFFICE BLOCK 9 2 S T O R Y / G A R D E N L E V E L A P A R T M E N T B U I L D I N G 2 S T O R Y / G A R D E N L E V E L A P A R T M E N T B U I L D I N G 2 S T O R Y / G A R D E N L E V E L A P A R T M E N T B U I L D I N G 2 STORY / GARDEN LEVEL APARTMENT BUILDING2 STORY / GARDEN LEVEL APARTMENT BUILDING2 STORY / GARDEN LEVEL APARTMENT BUILDING2 STORY / GARDEN LEVEL APARTMENT BUILDING CONCRETECOURTGRASSGRASS GRASSGRASS 0 S C A L E : 1 " = 4 0 4 0 8 0 4 0 ' N O R T H FILEPATH: P:\KIPLING VILLAGE ODP PO_ 120836 - 0370-01-0002\DRAWINGS\SUBMITTALS\PREFERREDCONCEPTPLAN-02\ND-LANDSCAPE-PLAN-ODP-SDP.DWG LAYOUT: SDP OVERALL LANDSCAPE PLAN----R Know what's below.Call before you dig.CALL 3 BUSINESS DAYS IN ADVANCE BEFORE YOUDIG, GRADE, OR EXCAVATE FOR THE MARKING OFUNDERGROUND MEMBER UTILITIES. I S S U E D A T E : D A T E R E V I S I O N C O M M E N T S S H E E T N O . DESIGNED BY:CHECKED BY:DRAWN BY: P R O J E C T # : PLOTTED: WED 08/29/18 3:38:12P BY: PATRICK HANNON1120 Lincoln Street, Suite 1000Denver, Colorado 80203P: 303.623.6300 F: 303.623.631 1 HarrisKocherSmith.com PREPARED BY:NORRIS DESIGN1101 BANNOCK STREETDENVER, CO 80204303-892-1166 O F 9 / 2 6 / 1 7 PHPHDH 0 8 / 2 9 / 1 8 O D P / S D P R E V I S I O N S NO CHANGES ARE TO BE MADE TO THIS DRAWING WITHOUT WRITTEN PERMISSION OF HARRIS KOCHER SMITH.NOT FOR CONSTRUCTION C A M E L O T C L U B A P A R T M E N T S S D P - O V E R A L L L A N D S C A P E P L A N L E G E N D E A S E M E N T S P R O P E R T Y L I N E S O D F E N C I N G L A N D S C A P I N G 4 P L A N T I N G B E D E X I S T I N G T R E E S T O R E M A I N N E W D E C I D U O U S T R E E N E W O R N A M E N T A L T R E E I R R I G A T E D T U R F S E E D M I X T E X A S B L U E G R A S S H Y B R I D S Y M P L A N T N A M E ( S C I E N T I F I C ) P L A N T N A M E ( C O M M O N ) S I Z E & C O N D I T I O N W A T E R U S E D E C I D U O U S C A N O P Y T R E E S D E C I D U O U S O R N A M E N T A L T R E E S D E C I D U O U S S H R U B S B B L B U D D L E A D A V I D I I B U T T E R F L Y B U S H N O . 5 C O N T . L O W D K O S Y R I N G A M E Y E R I ' P A L I B I N ' D W A R F K O R E A N L I L A C N O . 5 C O N T . M O D E R A T E B M S C A R Y O P T E R I S X C L A N D O N E N S I S B L U E M I S T S P I R E A N O . 5 C O N T . V E R Y L O W C H P L I G U S T R U M V U L G A R E ' C H E Y E N N E ' C H E Y E N N E P R I V E T N O . 5 C O N T . V E R Y L O W G L S R H U S A R O M A T I C A ' G R O - L O W ' G R O - L O W S U M A C N O . 5 C O N T . L O W G O C R I B E S A U R E U M G O L D E N C U R R A N T N O . 5 C O N T . V E R Y L O W A W S S P I R E A J A P O N I C A ' A N T H O N Y W A T E R E R ' A N T H O N Y W A T E R E R S P I R E A N O . 5 C O N T . L O W D B B E U O N Y M U S A L A T U S ' C O M P A C T A ' D W A R F B U R N I N G B U S H N O . 5 C O N T . L O W M L L P H I L A D E L P H U S M I C R O P H Y L L U S L I T T L E L E A F M O C K O R A N G E N O . 5 C O N T . V E R Y L O W N S W P H Y S O C A R P U S O P U L I F O L I U S ' S E W A R D ' S U M M E R W I N E N I N E B A R K N O . 5 C O N T . L O W S J W S P I R E A A L B I F L O R A J A P A N E S E W H I T E S P I R E A N O . 5 C O N T . L O W V I B V I B U R N U M L A N T A N A W A Y F A R I N G V I B U R N U M N O . 5 C O N T . V E R Y L O W W S C P R U N U S B E S S E Y I W E S T E R N S A N D C H E R R Y N O . 5 C O N T . V E R Y L O W E V E R G R E E N S H R U B S B U F J U N I P E R U S H O R I Z O N T A L I S ‘ B U F F A L O ’ B U F F A L O J U N I P E R N O . 5 C O N T . V E R Y L O W S P A J U N I P E R U S C H I N E N S I S ' S P A R T A N ' S P A R T A N J U N I P E R N O . 5 C O N T . V E R Y L O W M U G P I N U S M U G O ' M O P S ' M U G O M O P S P I N E N O . 5 C O N T . V E R Y L O W P E R E N N I A L S M N Y A C H I L L E A ' M O O N S H I N E ' M O O N S H I N E Y A R R O W N O . 1 C O N T . L O W C F L E C H I N A C E A P U R P U R E A P U R P L E C O N E F L O W E R N O . 1 C O N T . L O W B B F G A L L I A R D I A G R A N D I F L O R A ' B U R G U N D Y B U R G U N D Y B L A N K E T F L O W E R N O . 1 C O N T . L O W C M T N E P E T A X F A A S S E N I I ' W A L K E R ' S L O W ' C A T M I N T N O . 1 C O N T . L O W B E S R U D B E C K I A H I R T A ' I N D I A N S U M M E R ' B L A C K E Y E D S U S A N N O . 1 C O N T . L O W S M N S A L V I A S Y L V E S T R I S X ' M A I N A C H T ' M A Y N I G H T S A L V I A N O . 1 C O N T . L O W A J S S E D U M ' A U T U M N J O Y ' A U T U M N J O Y S E D U M N O . 1 C O N T . L O W O R N A M E N T A L G R A S S E S A V G H E L I C T O T R I C H O N S E M P E R V I R E N S N O . 1 C O N T . B L U E A V E N A G R A S S N O . 1 C O N T . V E R Y L O W C A L A M A G R O S T I S A C U T I F L O R A P L A N T I N G S C H E D U L E S H A S H A D E M A S T E R H O N E Y L O C U S T 2 1 / 2 " C A L . B & B V E R Y L O W L O D L I G U S T R U M V U L G A R E ' L O D E N S E ' L O D E N S E P R I V E T N O . 5 C O N T . V E R Y L O W S S G P A N I C U M V I G A T U M S H E N A N D O A H S W I T C H G R A S S N O . 1 C O N T . L O W F R G F E A T H E R R E E D G R A S S V E R Y L O W N O . 1 C O N T . G L E D I T S I A T R I A C A N T H O S I N E R M I S ' S H A D E M A S T E R ' C S O Q U E R C U S ' C R I M S C H M I D T ' C R I M S O N S P I R E O A K 2 " C A L . B & B M O D E R A T E H W M A C E R T A T A R I C U M ' G A R A N N ' H O T W I N G S M A P L E 2 " C A L . B & B M O D E R A T E M A N A R C T O S T A P H Y L O S ' P A N C H I T O ' P A N C H I T O M A N Z A N I T A N O . 5 C O N T . V E R Y L O W C H I A R C T O S T A P H Y L O S X C O L O R A D E N S I S ' C H I E F T A N ' C H I E F T A N M A N Z A N I T A N O . 5 C O N T . V E R Y L O W A R C J U N I P E R U S S A B I N A ' A R C A D I A ' A R C A D I A J U N I P E R N O . 5 C O N T . V E R Y L O W M T A P I N U S M U G O ' T A N N E N B A U M ' T A N N E N B A U M M U G O P I N E N O . 5 C O N T . V E R Y L O W B S G C Y T I S U S P U R G A N ' S P A N I S H G O L D ' S P A N I S H G O L D B R O O M N O . 5 C O N T . V E R Y L O W M M G M I S C A N T H U S S I N E N S I S ' M O R N I N G L I G H T ' M O R N I N G L I G H T M A I D E N G R A S S N O . 1 C O N T . L O W H F G P E N N I S E T U M A L O P E C U R O I D E S ' H A M E L N ' H A R D Y F O U N T A I N G R A S S N O . 1 C O N T . V E R Y L O W L B S S C H I Z A C H Y R I U M S C O P A R I U M L I T T L E B L U E S T E M N O . 1 C O N T . V E R Y L O W M A G M I S C A N T H U S S I N E N S U S ' G R A C I L L I M U S ' M A I D E N G R A S S N O . 1 C O N T . L O W S G S A R T E M I S I A ' P O W I S C A S T L E ' S I L V E R M O U N D S A G E N O . 1 C O N T . L O W G A Y L I A T R I S S P I C A T A K O B O L D G A Y F E A T H E R N O . 1 C O N T . L O W # 3 1 1 4 1 2 2 6 2 2 1 1 2 2 4 5 1 0 2 2 1 2 3 3 9 5 2 0 8 4 2 5 4 1 2 1 2 0 6 0 1 2 6 3 1 3 6 4 1 7 2 5 1 0 1 6 4 1 9 1 6 1 9 7 7 3 EXI S T I N G E V E R G R E E N T R E E , T Y P . EXISTING CANOPY TREE, TYP.SITE PLAN L A N D S C A P E E N L A R G E M E N T P L A N ( S E E P A G E 4 ) C O V E R E D B U S S T O P C A M E L O T C L U B A P A R T M E N T S , A M E N D M E N T 1 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 N O U T L I N E 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 H A T P A R T O F T H E N O R T H E A S T O N E Q U A R T E R O F S E C T I O N 2 1 , T 3 S , R 6 9 W O F T H E 6 T H P . M . J E F F E R S O N C O U N T Y , C O L O R A D O EXISTINGPLANTER 10-MMG1-CSO18-FRG2-CSO 4-GLS3-AVG1-SHA1-DKO7-FRG11-FRG3-GAY4-CSO3-NSW5-LOD 3-ARC 5-MAN3-MML4-FRG5-BES3-MML4-MMG 6-MAN3-MML5-BES 5-LOD5-AVG 4-FRG3-MML6-MAN4-HFG3-MAN3-AWS5-AVG 4-MNY3-MAN 3-WSC5-BBF5-AVG 4-HFG 5-DBB4-FRG4-MMG3-ARC3-AWS3-AWS3-MAN5-AVG 3-AWS5-AVG4-MNY 3-GAY 5-AVG 5-SPA 3-ARC11-FRG 3 - M M G 3 - D K O 1 1 - F R G 3 - A R C 3 - M M G 5 - S P A 3 - M M G 3 - A R C 3 - M M G 3 - D K O 1 1 - F R G 4 - M M L 1 1 - F R G 3 - A R C 1 - W S C 2 - H W M 3 - S G S 6 - A V G 4 - H F G 2 - B U F 3 - H F G 3 - S G S 8 - F R G 1 - S H A 3 - M M L 3 - D K O 3 - B B F 1 - B S G 3 - M N Y 2 - C H I 3 - B M S 5 - S S G 4 - S S G 1 - B B L 3 - M M L 3 - M N Y 1 - C S O 4 - C M T 3 - A R C 7 - F R G 2 - M N Y 1 - C F L 7 - A V G 3 - D K O 1 1 - F R G 3 - B U F 5 - B B F 3 - G O C 1 1 - F R G 5 - S P A 5 - S P A 3 - W S C 3 - A W S 8 - H F G 9 - F R G 3 - N S W 1 1 - F R G 5 - A R C 3 - M A N 3 - A W S 5 - B E S 3 - A V G 3 - G L S 2 - H W M 3 - A V G 3 - G A Y 4 - S G S 4 - M A G 3 - S J W 2 - C H P 4 - G A Y 4 - H F G 2 - M U G 5 - S S G 3 - V I B 5 - H F G 5 - M A N 3 - A W S 4 - B E S 2 - D K O 1 - S H A 3 - C H I 5 - F R G 3 - A J S 3 - G O C 3 - A R C 2 - C S O 3 - G O C 3 - N S W 3 - M U G 3 - N S W 3 - L B S 4 - A J S 3 - A W S 2 - G L S 3 - G L S 3 - A R C 3 - C M T 4 - M N Y 2 - S M N 1 - S H A 3 - D K O 3 - A V G 2 - M N Y 3 - M N Y 5 - H F G 3 - G O C 3 - A V G 5 - M A N 7 - H F G 3 - C F L 3 - B B F 3 - A R C 2 - C S O 3 - D K O 3 - G L S 3 - S S G 3 - M A N 3 - B M S 5 - S M N 5 - H F G 2 - W S C 4 - L B S 3-AVG3-BBF5-HFG 3-GAY3-ARC5-LBS 3-MUG1-CSO6-GLS2-MTA 3-CMT4-AVG 3-HFG 2-CMT1-DKO3-ARC 3-HFG 4 - C M T COLUMNS ANDFENCING, TYP. C O L U M N S A N D F E N C I N G , T Y P . S I D E W A L K T O R E M A I N B O U L D E R , T Y P . M O N U M E N T S I G N E X I S T I N G B U S S H E L T E R T O R E M A I N C O L U M N S A N D F E N C I N G , T Y P . P R O P E R T Y L I N E LINE OF SIGHT 0 S C A L E : 1 " = 2 0 2 0 8 0 2 0 ' N O R T H FILEPATH: P:\KIPLING VILLAGE ODP PO_ 120836 - 0370-01-0002\DRAWINGS\SUBMITTALS\PREFERREDCONCEPTPLAN-02\ND-LANDSCAPE-PLAN-ODP-SDP.DWG LAYOUT: ENLARGEMENT----R Know what's below.Call before you dig.CALL 3 BUSINESS DAYS IN ADVANCE BEFORE YOUDIG, GRADE, OR EXCAVATE FOR THE MARKING OFUNDERGROUND MEMBER UTILITIES. I S S U E D A T E : D A T E R E V I S I O N C O M M E N T S S H E E T N O . DESIGNED BY:CHECKED BY:DRAWN BY: P R O J E C T # : PLOTTED: WED 08/29/18 3:38:17P BY: PATRICK HANNON1120 Lincoln Street, Suite 1000Denver, Colorado 80203P: 303.623.6300 F: 303.623.631 1 HarrisKocherSmith.com PREPARED BY:NORRIS DESIGN1101 BANNOCK STREETDENVER, CO 80204303-892-1166 O F 9 / 2 6 / 1 7 PHPHDH 0 8 / 2 9 / 1 8 O D P / S D P R E V I S I O N S NO CHANGES ARE TO BE MADE TO THIS DRAWING WITHOUT WRITTEN PERMISSION OF HARRIS KOCHER SMITH.NOT FOR CONSTRUCTION C A M E L O T C L U B A P A R T M E N T S L A N D S C A P E E N L A R G E M E N T LEGENDEASEMENTSPROPERTY LINE FENCINGLANDSCAPING 4 SODPLANTING BEDEXISTING TREESDECIDUOUS TREEORNAMENTAL TREEORNAMENTAL TREEORNAMENTAL TREEGRASSESPERENNIALSLANDSCAPE BOULDERS MONUMENT SIGN 4 N O T E : C O N S T R U C T E D P U R S U A N T T O B U I L D I N G P E R M I T # 2 0 1 7 0 1 2 7 5 C A M E L O T C L U B A P A R T M E N T S , A M E N D M E N T 1 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 N O U T L I N E 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 H A T P A R T O F T H E N O R T H E A S T O N E Q U A R T E R O F S E C T I O N 2 1 , T 3 S , R 6 9 W O F T H E 6 T H P . M . J E F F E R S O N C O U N T Y , C O L O R A D O Planning Commission 23 Case No. WZ-18-03 and WZ-18-04 / Kipling Village Meeting Date: May 24, 2017 Attending Staff: Lauren Mikulak, Senior Planner Location of Meeting: Wheat Ridge Municipal Building (7500 W. 29th Avenue) Property Address: 4635 - 4665 Kipling Street (Kipling Village Apartments) Property Owner(s): Kipling Village LLC Property Owner(s) Present? Yes Applicant: Same as owner Applicant Present? Yes Existing Zoning: Planned Residential Development Existing Comp. Plan: Neighborhood Buffer Area, Primary Commercial Corridor Existing Site Conditions: The site is located on the west side of Kipling Street and north of W. 44th Avenue. The subject property is composed of two parcels listed under the addresses of 4665 and 4635 Kipling Street. These parcels are zoned Planned Residential Development (PRD), and specifically comprise the Camelot Club Apartments Planned Residential Development which was originally approved by Jefferson County in 1969. The parcel to the south at 4551 is under the same ownership and is zoned Residential-Three (R-3). The collective property is commonly referred to as the Kipling Village Apartments. According to the Jefferson County Assessor, the Kipling Village Apartments have ten total buildings: eight for high density residential and two for general retail/office. The parcels at 4665 and 4635 Kipling Street have identical building footprints; each parcel includes four three-story apartment buildings, one office/retail building, and a central courtyard. Based on Assessor records, in total there are 220 of apartment units on the three parcels. Several full movement access points exist onto Kipling Street. Surrounding land uses include a number of commercial uses including office, service and retail uses. Surrounding properties to the north are zoned Commercial-One (C-1), which have adjacency to Interstate-70. To the west is the City-owned Fruitdale Park zoned Planned Residential Development (PRD). To the south are is a single-family home zoned Residential-Two (R-2) and Agricultural-One (A-1) as well as a holistic health center (New Genesis Health) zoned Commercial-One (C-1). To the west is an undeveloped tract of land with split zoning, including Planned Commercial Development (PCD), A-1, and Neighborhood-Commercial (N-C). EXHIBIT 7: NEIGHBORHOOD MEETING Planning Commission 24 Case No. WZ-18-03 and WZ-18-04 / Kipling Village Applicant/Owner Preliminary Proposal: The applicant is proposing to amend and update the original PRD zoning document to allow for several new apartment units in the smaller front two buildings. The owners purchased the property in 2012 and have made efforts to clean up the properties, and their goal is to continue investing and improving the property. An update of the zoning documents will also modernize the documents and allow for future investment in the property. The need to update the documents came to the City’s attention after a small fire in October 2016. Subsequent inspections revealed the presence of apartment units in Blocks 9 and 10 of the PRD. The updated zoning document would allow commercial or residential uses in Blocks 9 and 10. The following is a summary of the neighborhood meeting: • In addition to the applicant representatives and staff, eight members of the public attended the neighborhood meeting. • Staff discussed the site, its zoning, and future land use. • Staff addressed concerns regarding Lee Street and access at 4551 Kipling (the property south of the subject site). Emergency access has been established while Kipling access is impacted by the streetscape project. A chain will be installed to limit access to emergency vehicles only. • The applicant and members of the public were informed of the process for updating the zoning documents. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the planned development request: • Do you know specifically what uses would be in Blocks 9 and 10? No, specific commercial tenants have not been identified. They have reached out to a few potential users, but any commercial use would be smaller, such as an office or personal service. • Is the request to rezone to a mixed use district? The property will be zoned Planned Residential Development because residential uses are the primary use on the property. The PRD will specify that only Blocks 9 and 10 may be used for residential uses and/or some, limited commercial uses. • Where will parking be? Parking will be assessed for the site as a whole. Parking along Kipling will be reconfigured slightly as part of the streetscape project. The buildings called Blocks 9 and 10 are only about 2000sf and users would be limited by the available parking. • Will Lee Street become a permanent access? The property to the south is under the same ownership but is not part of the planned development. Access to Lee Street was recently required by the Fire District because of the impacts to access along Kipling associated with the streetscape project. Lee Street is a public street and permanent access could be granted by the City if requested by the applicant, but permanent access on Lee is not currently contemplated and it will be chained for emergency access. Planning Commission 25 Case No. WZ-18-03 and WZ-18-04 / Kipling Village • Why have to do a zone change? The current zoning does not allow residential uses in Blocks 9 and 10 which means the existing units which appear to have been installed by a previous property owner are not permitted. The updated zoning will allow the flexibility of commercial or residential uses in this area and will update the zoning for the property and current market conditions. For example, the current zoning document was created in the 70s when Kipling and Wheat Ridge looked very different. The updated zoning would remove grocery stores from the potential uses. • It appears the zoning would not have an affect on anyone beyond the apartment community. Correct. If a commercial use were to be included in Blocks 9 and 10, it would have a negligible impact. • Is the property owner looking to redevelop in the future or make any structures taller? No, there are no plans for redevelopment. The owners will continue to invest in upgrades to the property, including mostly interior work. If any redevelopment were to occur the Outline and/or Specific Development Plans would need to be updated. • Is it unusual to not know what specific use will be in Blocks 9 and 10? No, it is not uncommon for a specific commercial tenant to be unknown at the time of a zone change. Most of the uses in Blocks 9 and 10 will be residential units, or uses that are accessory to the apartment community (eg leasing office). • What property would be affected by the zone change? The reason for updating the ODP is to update the uses only for Blocks 9 and 10, but the entire ODP will be updated to meet current standards. There will not be other substantive changes to the development standards. • Would it be possible to specify which uses are not permitted (for example, a marijuana-related use)? Yes, the ODP can specify which uses are and are not permitted. • What is the current rent? Currently, a 1-bedroom unit is $905 and a 2-bedroom unit is $1050. • Does the property include Section 8 or subsidized units? No. • If Blocks 9 and 10 are all residential, how many units would it add? It would add about 5 units. • When will access on Kipling be restored? Both entrances will be open by end of July • Who is financing the streetscape project? The property owner is paying for the project in its entirety. The project cost is about a half million dollars. Planning Commission 26 Case No. WZ-18-03 and WZ-18-04 / Kipling Village • The proposal and other investments seem like a good idea and a good idea along Kipling. • The proposal sounds good. Any improvement to the site would be welcome. Planning Commission 27 Case No. WZ-18-03 and WZ-18-04 / Kipling Village EXHIBIT 8: COMPREHENSIVE PLAN 44th Avenue Subject Property Planning Commission 28 Case No. WZ-18-03 and WZ-18-04 / Kipling Village EXHIBIT 9: SITE PHOTOS View looking north along Kipling Street at the recently completed streetscape improvements that span the entire frontage of the property. View of the interior drive and recently reconfigured parking area. The apartment community is located to the left, with Kipling Street and the streetscape improvements visible to the right. Planning Commission 29 Case No. WZ-18-03 and WZ-18-04 / Kipling Village This structure is Block 10, which faces Kipling Street and is proposed to have its allowable uses expanded to include residential units (12 units maximum) and commercial/retail uses. This structure is Block 9, which faces Kipling Street. The Leasing Office for Kipling Village Apartments is located within this building. This building is proposed to have its allowable uses expanded to include residential units (6 units maximum) and commercial/retail uses. Planning Commission 30 Case No. WZ-18-03 and WZ-18-04 / Kipling Village View of the interior courtyard space. This is Block 12, though Block 11 is very similar. It is surrounded by 4 apartment buildings. The Kipling facing building which is proposed to have its allowable uses expanded to include commercial and/or residential is behind the photo to the right. View of the interior courtyard space. This is Block 12, though Block 11 is very similar. It is surrounded by 4 apartment buildings. The Kipling facing building which is proposed to have its allowable uses expanded to include commercial and/or residential is to the left of the photo. ATTACHMENT 3 ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 68-2018 – A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT AT 4635 AND 4665 KIPLING STREET (CASE NO. WZ-18-04/KIPLING VILLAGE) 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 Specific Development Plan for the Camelot Club Apartments Planned Residential Development (PRD) located at 4635 and 4665 Kipling Street. A rezoning to Planned Residential Development (PRD) has been proposed for the property at 6904-6940 W. 48th Avenue pursuant to Council Bill 27-2018. Approval of a Specific Development Plan is the second step in the City’s approval process for a PRD. The Specific Development Plan provides a site plan for the subject property. In this case, it essentially documents the existing conditions. PRIOR ACTION: Planning Commission heard the request at a public hearing on September 20, 2018 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached to the preceding CAF for Council Bill 27-2018. FINANCIAL IMPACT: The request is not expected to have a direct financial impact on the City. Fees in the amount of $2,700.00 were collected for the review and processing of Case No. WZ-18-04. Council Action Form – Kipling Village SDP November 26, 2018 Page 2 BACKGROUND: Please refer to the Council Action Form for Council Bill 27-2018 for background information regarding the property. Council Bill 27-2018 proposes a rezoning to Planned Residential Development (PRD) and the associated Outline Development Plan (ODP). The ODP included general development parameters, whereas the Specific Development (SDP) shows final site plan details. Because the planned development is being established to allow the existing structures, the site plan simply shows the existing conditions including the building footprints, landscape areas, sidewalks, parking spaces, and existing setbacks. If modifications to the site are proposed in the future an amended SDP would be required. RECOMMENDED MOTION: “I move to approve Resolution No. 68-2018 a resolution approving a Specific Development Plan on property zoned Planned Residential Development at 4635 and 4665 Kipling Street, for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Specific Development Plan has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. All requirements of a Specific Development Plan have been met.” Or, “I move to deny Resolution No. 68-2018 a resolution approving a Specific Development Plan on property zoned Planned Residential Development at 4635 and 4665 Kipling Street, for the following reasons: 1. 2. 3. ” 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. 68-2018 CITY OF WHEAT RIDGE RESOLUTION NO. 68 Series of 2018 TITLE: A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT FOR PROPERTY LOCATED AT 4635 AND 4665 KIPLING STREET (CASE NO. WZ-18-04/KIPLING VILLAGE) 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, Kipling Village, LLC has submitted a land use application for approval of a Specific Development Plan for the Camelot Club Apartments Planned Residential Development (PRD) for property located at 4635 and 4665 Kipling Street; and, WHEREAS, the Specific Development plan will allow for additional investment and reinvestment in the community; and, WHEREAS, all requirements for a Specific Development Plan have been met; and, WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT AT 4635 AND 4665 KIPLING STRET (CASE NO. WZ-18-04) 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 Section 26-407 of the Code of Laws. 2. The proposed Specific Development Plan has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. All requirements of a Specific Development Plan have been met. 4. The proposed plat will facilitate reinvestment in the site. DONE AND RESOLVED by the City Council this 26th day of November, 2018. ATTACHMENT 1 By: ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Janelle Shaver, City Clerk ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 28-2018 – AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING WILDLIFE AND WATERFOWL PUBLIC HEARING ORDINANCES FOR 1ST READING (10/22/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/26/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: Staff is recommending new rules and regulations concerning the feeding of wildlife and waterfowl be consolidated with existing regulations on the treatment of wild animals. This ordinance amends Chapter 4 (Animals), Chapter 16 (Miscellaneous Offenses), and Chapter 17 (Park Rules and Regulations). PRIOR ACTION: This item was discussed with City Council at the October 1, 2018 study session. Consensus was reached to direct staff to draft an ordinance for City Council consideration. FINANCIAL IMPACT: Adoption of this ordinance could decrease the amount of staff time and other expenses associated with the impacts of feeding wildlife and waterfowl. BACKGROUND: Due to the close proximity of open space to residential dwellings, the feeding of wildlife within the greenbelt may create the following issues: • Most wildlife become tame and later can become aggressive in search of food. This can result in injuries or death to people, pets and livestock animals. Council Action Form – Feeding of Wildlife and Waterfowl November 26, 2018 Page 2 • Wildlife can carry diseases that may affect humans, pets and livestock animals, such as rabies and the plague. • Animals will frequent areas where food is available which includes roadsides and the crossing of major thoroughfares to reach the food sources and may be killed by passing of vehicles. • Deer have unique digestive systems. They must eat enough specific plant proteins to stimulate the growth of vital intestinal bacteria. Human food does not produce these organisms, and without them, members of the deer family cannot process food. They may starve to death on a full stomach. • Human food may cause health problems and chemical imbalances in wildlife. Ill health is the result of eating human food and will make the animals less likely to survive in winter. • Many animals will stop foraging for wild foods and become dependent on human handouts. If they fail to stash seeds, they will no longer be planting future generations of trees and bushes. RECOMMENDATION: This Ordinance: (1) defines wildlife and waterfowl and food, (2) establishes rules and regulations governing the feeding of wildlife and waterfowl, (3) moves material concerning wild animals from Chapter 16 to Chapter 4, and (4) cross-references the (new) requirements to the existing park and recreation rules in Chapter 17. The Parks and Recreation Commission recommend amending provisions of Chapter 4 and 17 of the Wheat Ridge Code of Laws concerning animals and the feeding of wildlife and waterfowl. RECOMMENDED MOTION: “I move to approve Council Bill No. 28-2018, an ordinance amending the Wheat Ridge Code of Laws concerning wildlife and waterfowl, on second reading and that it takes effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill 28-2018, an ordinance amending the Wheat Ridge Code of Laws concerning wildlife and waterfowl for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Joyce Manwaring, Parks and Recreation Director Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 28-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DAVIS Council Bill No. 28 Ordinance No. __________ Series of 2018 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING WILDLIFE AND WATERFOWL WHEREAS, pursuant to Article XX of the Colorado Constitution and C.R.S. §§ 31-15-401(1)(m) and 31-15-702(1)(a)(I), the City of Wheat Ridge (“City”) possesses the authority to prohibit the feeding of wildlife and waterfowl; to regulate the treatment of wild animals, and to regulate the use of public parks within the City; and WHEREAS, pursuant to this authority, the City, acting by and through its City Council (the “Council”), wishes to prohibit the feeding of wildlife and waterfowl within the City; and WHEREAS, the Council finds and determines that the imposition of rules and regulations specific to the feeding of wildlife and waterfowl are necessary and desirable to minimize the potential impacts of feeding wildlife and waterfowl to protect all people and animals using the parks; and WHEREAS, the Council further finds that feeding wildlife and waterfowl rules and regulations should be codified within the Wheat Ridge Code of Laws (“Code”) to permit the violators thereof to be prosecuted in the City’s Municipal Court; and WHEREAS, the Council therefore desires to amend certain provisions of Chapters 4, 16 and 17 of the Code, to establish uniform rules and regulations to prohibit the feeding of wildlife and waterfowl, and the treatment of wild animals and to make other conforming amendments. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Section 4-1 is amended by the addition of the following definitions: "WILDLIFE" SHALL INCLUDE ANY ANIMAL, WHICH IS NOT NORMALLY DOMESTICATED IN THIS STATE, INCLUDING BUT NOT LIMITED TO BEARS, MOUNTAIN LIONS, ELK, COYOTES, DEER, FERAL CATS, FOXES, GROUNDHOGS, OPOSSUMS, RACCOONS, SKUNKS, SQUIRRELS AND WATERFOWL. ."WATERFOWL" SHALL INCLUDE ANY BIRD, DOMESTIC OR WILD, THAT FREQUENTS THE WATER, OR LIVES ABOUT RIVERS, LAKES, ETC., AN AQUATIC FOWL, INCLUDING BUT NOT LIMITED TO DUCKS, GEESE, SWANS, HERON, AND EGRETS. ATTACHMENT 1 2 “FOOD” SHALL INCLUDE ANY PRODUCT DESIGNATED FOR ANIMAL OR HUMAN CONSUMPTION. “WILD BIRD” INCLUDES ALL UNDOMESTICATED BIRDS NATIVE TO NORTH AMERICA AND UNDOMESTICATED GAME BIRDS IMPLANTED IN NORTH AMERICA BY GOVERNMENTAL AGENCIES AND ANY DOMESTIC DUCK OR GOOSE RELEASED BY ANY PRIVATE PERSON OR RECREATIONAL AUTHORITY UPON ANY RECREATIONAL AREA WITHIN THIS CITY. “WILD ANIMAL” INCLUDES ANY ANIMAL NATIVE TO THE STATE, BUT DOES NOT INCLUDE RATTLESNAKES, FISH, NORWAY RATS OR COMMON HOUSE MICE. “HUMANE TRAP” INCLUDES ANY TRAP WHICH DOES NOT CAUSE PHYSICAL INJURY, PAIN OR SUFFERING OF A TRAPPED ANIMAL. STEEL-JAW LEG HOLD TRAPS AND SNARES ARE SPECIFICALLY EXCLUDED FROM THIS DEFINITION, BUT THE CITY SHALL NOT BE PRECLUDED FROM DETERMINING THAT ANY OTHER TYPE OF TRAP IS ALSO EXCLUDED FROM THIS DEFINITION. “CAUSING DAMAGE ON LAND” SHALL MEAN PHYSICAL INJURY TO BUILDINGS OR IMPROVEMENTS OR DESTRUCTION OR INJURY OF DOMESTIC ANIMALS OR PETS LAWFULLY KEPT THEREON. Section 2. A new Code Section 4-19 is hereby enacted to read as follows: SECTION 4-19. FEEDING OF WILDLIFE. A. IT SHALL BE UNLAWFUL TO PURPOSELY OR KNOWINGLY PLACE OR PROVIDE ANY FOOD FOR ANY WILDLIFE ANIMAL OR WATERFOWL. B. NO PERSON SHALL PURPOSELY OR KNOWINGLY LEAVE OR STORE ANY REFUSE, GARBAGE, FOOD PRODUCT, PET FOOD, FORAGE PRODUCT OR SUPPLEMENT, SALT, SEED OR BIRDSEED, FRUIT, GRAIN IN A MANNER THAT WOULD CONSTITUTE AN ATTRACTANT TO ANY WILDLIFE OR WATERFOWL. C. THIS SECTION SHALL NOT APPLY TO FEEDING OF BIRDS, SQUIRRELS, OR DOMESTIC WATERFOWL ON PRIVATE PROPERTY OWNED OR CONTROLLED BY THE PERSON(S) ENGAGED IN SUCH FEEDING. Section 3. A new Code Section 4-20 is hereby enacted to read as follows: SEC. 16-64. - PROTECTION OF WILDLIFE. (A) SHOOTING, CAPTURING, ETC., PROHIBITED. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IT IS UNLAWFUL TO WILLFULLY SHOOT, CAPTURE, HARASS, INJURE OR DESTROY ANY WILD BIRD OR ANIMAL OR TO ATTEMPT TO SHOOT, CAPTURE, HARASS, INJURE OR DESTROY ANY SUCH WILD BIRD OR ANIMAL ANYWHERE WITHIN THIS CITY. 3 (B) DISTURBING, ETC., NESTS, BURROWS, ETC., PROHIBITED. NO PERSON SHALL WILLFULLY DESTROY, ROB OR DISTURB THE NEST, NESTING PLACE, BURROW, EGGS OR YOUNG OF ANY WILD BIRD OR ANIMAL ANYWHERE WITHIN THIS CITY. (C) STATE-PROTECTED BIRDS AND ANIMALS. THE PROVISIONS OF THIS SECTION ARE NOT INTENDED TO ALLOW THE DESTRUCTION OF ANY BIRD OR ANIMAL PROTECTED BY STATE OR FEDERAL LAW. (D) WHEN TRAPPING PERMITTED. IF ANY WILD BIRD OR ANIMAL IS CAUSING DAMAGE ON LANDS WITHIN THE CITY OWNED OR LEASED BY ANY PERSON, SUCH PERSON OR ANY MEMBER OF HIS FAMILY, OR HIS AGENT, MAY TRAP SUCH WILD BIRD OR ANIMAL, SUBJECT TO THE PROVISIONS OF THIS SECTION. (E) PROVISIONS FOR TRAPPING. TRAPPING OF ANIMALS SHALL FOLLOW THE PROVISIONS SET OUT BELOW: (1) WHEN DEEMED NECESSARY BY POLICE OFFICERS OR THE COMMUNITY SERVICE OFFICER FOR THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, SUCH OFFICERS AND/OR THEIR AGENTS MAY PLACE A HUMANE TRAP ON CITY PROPERTY OR OTHER PROPERTY WITHIN THE CITY WHEN THE PROPERTY OWNER REQUESTS SUCH HUMANE TRAP FOR THE PURPOSE OF CAPTURING ANY WILD OR PET ANIMAL CREATING A NUISANCE IN THE CITY. PROVIDED, HOWEVER, THAT NO TRAP OF ANY KIND SHALL BE SET UPON ANY PROPERTY WITHOUT NOTIFICATION TO AND/OR PERMISSION FROM THE OWNER OF SUCH PROPERTY. (2) ANY PERSON WHO TRAPS AN ANIMAL PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL IMMEDIATELY NOTIFY POLICE DEPARTMENT OF SUCH TRAPPING. THE POLICE DEPARTMENT SHALL HAVE THE EXCLUSIVE RIGHT AND AUTHORITY TO DETERMINE THE DISPOSITION OF ANY SUCH TRAPPED ANIMAL. (3) COMMUNITY SERVICE OFFICERS ARE AUTHORIZED TO USE ANY HUMANE TRAPS OR OTHER SUITABLE DEVICES TO SUBDUE OR DESTROY ANY ANIMAL THAT IS DEEMED BY THE COMMUNITY SERVICE OFFICER, IN HIS DISCRETION, TO BE A DANGER TO ITSELF OR TO THE PUBLIC HEALTH AND SAFETY. (4) IT SHALL BE UNLAWFUL FOR ANY PERSON TO SET OR CAUSE TO BE SET WITHIN THE CITY ANY STEEL-JAW LEG-HOLD TRAP, SNARE OR ANY TRAP OTHER THAN A HUMANE TRAP, FOR THE PURPOSE OF CAPTURING ANY ANIMAL, WHETHER WILD OR DOMESTIC. (F) APPLICATION TO CITY AND STATE EMPLOYEES. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE PERSONNEL OF ANY POLICE, FIRE OR ANIMAL CONTROL AGENCY OR TO THE STATE DIVISION OF WILDLIFE OR 4 DEPARTMENT OF HEALTH OR OTHER STATE OR FEDERAL AGENCY, AND ALL CITY OF WHEAT RIDGE EMPLOYEES WHEN SUCH PERSONS ARE ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES AS EMPLOYEES OF SUCH AGENCIES. (G) NOTHING HEREIN SHALL LIMIT THE AUTHORITY OF A SWORN POLICE OFFICER OF THE CITY TO TAKE ACTIONS TO SUBDUE OR DESTROY ANY ANIMAL THAT IS DEEMED BY THE POLICE OFFICER, IN HIS DISCRETION, TO BE A DANGER TO ITSELF OR THE PROTECTION OF PUBLIC HEALTH AFND SAFETY. Section 4. Code Section 17-29 is amended by the addition of a new subsection (c), to read as follows: (C) THE TREATMENT OF WILDLIFE AND WATERFOWL SHALL BE GOVERENED BY SECTIONS 4-19 AND 4-20 OF THIS CODE. Section 5. Code Section 16-64 is hereby repealed. Section 6. Safety Clause. The City Council 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 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 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 22nd day of October, 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 November 26, 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 5 ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: October 25, 2018 Second Publication: Wheat Ridge Transcript Effective Date: ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 29-2018 – AN ORDINANCE AMENDING CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE CONSUMPTION OF FERMENTED MALT BEVERAGES IN CITY PARKS PUBLIC HEARING ORDINANCES FOR 1ST READING (10/22/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/26/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: Staff is recommending new rules and regulations concerning the consumption of alcohol in City Parks. These new rules align with the State of Colorado changes in the definition of fermented malt beverages that are effective January 1, 2019. This change eliminates the current restriction of 3.2% fermented malt beverages (beer) only allowed in parks and allows malt beverages of up to 6% alcohol by weight. PRIOR ACTION: This item was discussed with City Council at the October 1, 2018 study session. Consensus was reached to direct staff to draft an ordinance for City Council consideration. FINANCIAL IMPACT: There is no financial impact created by approving this ordinance amendment. BACKGROUND: Colorado State Senate Bill 18-243, which becomes effective on January 1, 2019, eliminates the alcohol content limit within the definition of “fermented malt beverages,” and allows public consumption of alcohol if it “has been specifically authorized by ordinance, resolution or rule adopted by a municipality, [or] City. Council Action Form – Ordinance Amending the Consumption of Fermented Malt Beverages November 26, 2018 Page 2 RECOMMENDATION: The Parks and Recreation Commission recommend amending provisions of Chapter 17 of the Wheat Ridge Code of Laws concerning the consumption of fermented malt beverages in City Parks. RECOMMENDED MOTION: “I move to approve Council Bill No. 29-2018, an ordinance amending the Wheat Ridge Code of Laws concerning the consumption of fermented malt beverages in city parks, on second reading and that it takes effect 15 days after final publication.” Or “I move to postpone indefinitely Council Bill 29-2018, an ordinance amending the Wheat Ridge Code of Laws concerning the consumption of fermented malt beverages in city parks for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 29-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MATHEWS COUNCIL BILL NO. 29 ORDINANCE NO. _________ Series 2018 TITLE: AN ORDINANCE AMENDING CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE CONSUMPTION OF FERMENTED MALT BEVERAGES IN CITY PARKS WHEREAS, the City of Wheat Ridge (the “City”) 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, the Council previously adopted and amended Chapter 17 of the Wheat Ridge Code of Laws (the “Code”) concerning parks and recreation; and WHEREAS, Colorado State Senate Bill 18-243, which becomes effective on January 1, 2019, eliminates the alcohol content limit within the definition of “fermented malt beverages,” and allows public consumption of alcohol if it “has been specifically authorized by ordinance, resolution or rule adopted by a municipality, [or] City,” and WHEREAS, the Council now wishes to further amend Chapter 17 of the Code to address this recent state legislation concerning fermented malt beverages and to permit the consumption of fermented malt beverages in parks within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 17-17 of the Wheat Ridge Code of Laws concerning “Alcoholic beverages” is hereby amended as follows: Sec. 17-17. – Alcoholic beverages. (a) The storage, sale or consumption of any malt, vinous or spirituous liquors, as defined by the Colorado Liquor Code, is prohibited in any park, recreation area or recreation building within the city except as specifically provided herein or as may be authorized pursuant to a special event permit issued by the city in accordance with C.R.S., article 48, title 12. The consumption and/or storage of fermented malt beverages containing not more than three and two-tenths (3.2) percent of alcohol by weight is permitted in any park or recreation area within the city so long as, and only so long as, such fermented malt beverage has been purchased in a manner authorized, and is being consumed by persons permitted, by applicable state law. It shall be unlawful to sell any fermented malt ATTACHMENT 1 beverage within any park or recreation area within the city unless such sales are made pursuant to a special event permit granted by the city and unless such sales are made in accordance with the Colorado Beer Code. (b) Storage and consumption of fermented malt and vinous liquor is permitted at the Wheat Ridge Active Adult Center, the Wheat Ridge Recreation Center and the Richards-Hart Estate in conjunction with an event sanctioned and authorized by the director; and provided further that such alcoholic beverages are neither sold to, served to, or consumed by any person not authorized by the Colorado Liquor Code or the Code of Laws of the City of Wheat Ridge to possess or consume such alcoholic beverages. The director is hereby authorized to establish rules for serving and consumption of alcoholic beverages at the Richards-Hart Estate, the Wheat Ridge Active Adult Center, and the Wheat Ridge Recreation Center. 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 22nd day of October, 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 November 26, 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: October 25, 2018 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 30-2018 – AN ORDINANCE AMENDING CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PARKS AND RECREATION TO ADDRESS THE USE OF ELECTRICAL ASSISTED BICYCLES PUBLIC HEARING ORDINANCES FOR 1ST READING (10/22/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/26/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: Staff is recommending new rules and regulations concerning the use of electrical assisted bicycles on city trails. Electrical assisted bicycles are becoming more and more popular with bicycle riders throughout the metropolitan area. Currently, Chapter 17 of Wheat Ridge Code of Laws does not allow any type of motorized vehicle on park trails. This ordinance redefines bicycle to include electrical assisted bicycles and allows the usage of these bicycles on park and open space trails. PRIOR ACTION: This item was discussed with City Council at the October 1, 2018 study session. Consensus was reached to direct staff to draft an ordinance for City Council consideration. FINANCIAL IMPACT: There is no financial impact created by approving this ordinance amendment. BACKGROUND: Colorado Revised Statutes 42-1-102(10) defines bicycles as: Council Action Form – Use of Electrical Assisted Bicycles November 26, 2018 Page 2 “Bicycle” means a vehicle propelled by human power applied to pedals upon which a person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than fourteen inches in diameter.” The change outlined in this ordinance allows and defines Class I and Class II electrically assisted bicycles to ride on city trails. These bicycles require pedal power to operate and therefore are not a motorized vehicle. By using the State Statute definition of bicycle the ordinance differentiates between other types of vehicles that may have electric motors as part of the apparatus. RECOMMENDATION: The Parks and Recreation Commission recommends amending provisions of Chapter 17 of the Wheat Ridge Code of Laws concerning the use of electrical bicycles on park trails. RECOMMENDED MOTION: “I move to approve Council Bill No. 30-2018, an ordinance amending the Wheat Ridge Code of Laws concerning the use of electrical assisted bicycles, on second reading and that it takes effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill 30-2018, an ordinance amending the Wheat Ridge Code of Laws concerning the use of electrical assisted bicycles for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 30-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 30 ORDINANCE NO. _________ Series 2018 TITLE: AN ORDINANCE AMENDING CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PARKS AND RECREATION TO ADDRESS THE USE OF ELECTRICAL ASSISTED BICYCLES WHEREAS, the City of Wheat Ridge (the “City”) 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, the Council previously adopted and amended Chapter 17 of the Wheat Ridge Code of Laws (the “Code”) concerning parks and recreation; and WHEREAS, the Council now wishes to further amend Chapter 17 of the Code to address and include the use of electrical assisted bicycles within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 17-1 of the Wheat Ridge Code of Laws concerning “Definitions,” is hereby amended by the addition of the following definitions in the appropriate alphabetical order: Bicycle means a vehicle propelled by human power applied to pedals upon which a person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than fourteen inches in diameter, and such definition shall include Class 1 and Class 2 electrical assisted bicycles. Electrical Assisted Bicycle means a vehicle having two or three wheels, fully operable pedals, and an electric motor not exceeding seven hundred fifty watts of power. Electrical assisted bicycles are further required to conform to one of three classes as follows: (a) "Class 1 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour. Class 1 electrical assisted ATTACHMENT 1 bicycles shall be considered and treated in the same manner as bicycles in this Chapter. (b) "Class 2 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour. Class 2 electrical assisted bicycles shall be considered and treated in the same manner as bicycles in this Chapter. (c) "Class 3 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour. Class 3 electrical assisted bicycles shall be considered and treated in the same manner as motorized vehicles in this Chapter. Motorized Vehicle means any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle; except that the term does not include Class 1 and Class 2 electrical assisted bicycles, low-power scooters, wheelchairs, or vehicles moved solely by human power. Class 3 electrical assisted bicycles shall be considered motorized vehicles in this Chapter. 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 22nd day of October, 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 November 26, 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: October 25, 2018 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 34-2018 – AN ORDINANCE APPROVING THE SALE OF DESIGNATED PARK LAND AT THE INTERSECTION OF WEST 38TH AVENUE AND JOHNSON STREET AND IN CONNECTION THEREWITH, AUTHORIZING EXECUTION OF AN AGREEMENT FOR SAID SALE PUBLIC HEARING ORDINANCES FOR 1ST READING (11/26/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/10/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: The City has the opportunity to sell the vacant parcel of park property located on the southwest corner of 38th Avenue and Johnson Street for the development of a CVS Pharmacy. This parcel was not originally developed as part of Discovery Park due to: 1. Maximizing efficient use of site to meet the goals of the Park Master Plan; and 2. The site’s proximity to the Appleridge Café, currently located on the southeast corner of 38th Avenue and Kipling Street. (Aerial photo attached) The City Charter requires a unanimous vote of city council to dispose of park property. The Wheat Ridge Charter addresses the disposal of park land in Section 16.5. “The city shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council. Unanimous approval of the entire council, by ordinance, shall be necessary for sale or disposition of designated park land.” Council Action Form - Park Land Sale November 26, 2018November 21, 2018 Page 2 PRIOR ACTION: At the May 10, 2018 study session, this item was presented. City Council reached a consensus to continue to move forward on the disposal of the park property. On May 10, 2010 City Council approved the sale of a portion of park property to the south of the Appleridge Café to address the issues with café site parking needs. At that time the following information was provided to Council as part of the Park Master Plan adoption action. “The park master plan was designed to achieve a win-win situation with the existing restaurant business located on the corner. The plan identifies the northeast corner of the parkland as an area for future development. The restaurant property owner at this time does not wish to purchase the entire .85 acres. A lot will be platted for future sale when, and if, the restaurant property re- develops. This park parcel will remain vacant in the future to allow for future development, sale and or lot consolidation with the restaurant property.” City Council approved a resolution to obtain an appraisal on the applicable portion of park property adjacent to the Appleridge Café on August 28, 2008. City Council approved the transfer of the reverter clause from this park parcel to the Baugh House property on September 28, 2009 as one of the required steps to allow for the future disposal of the park property. FINANCIAL IMPACT: An appraisal was completed on the property in March 2017 and has been updated. In March of 2017 the City and developer agreed on the 2017 appraised price as a basis for moving forward with the development of the property. The parcel is .5 acres in size and the appraised price, when consolidated with the adjacent lot, was $600,000 in 2017. The updated appraisal information documents the value of the property at $650,000. The land that is now Discovery Park, including this parcel was purchased with the City’s attributable share of Open Space Funds and Jefferson County Bond Funds. Jefferson County Open Space does not have a financial interest in the property due to the removal of the reverter clause encumbrance on this portion of the park property. The original purchase price for the entire 8 acre site that is now Discovery Park, including the undeveloped area under discussion for sale, was $1,245,500. All proceeds from the sale of the property are required to be placed in the Open Space Fund 32 for park and recreation purposes due to the fact that open space funds were used to originally purchase the property. The funds from the sale of this park property would be used for construction of Phase II of Prospect Park Renovation. Phase I has been completed, Phase II is on hold due to the additional funding required for the Anderson Park Renovation that was originally slated for Phase II of the Prospect Park Renovation. Council Action Form - Park Land Sale November 26, 2018November 21, 2018 Page 3 BACKGROUND (PARK): The Master Plan for the park was developed with the consideration that the corner parcel, when combined with the Appleridge Restaurant site provided opportunity for future commercial development. Thus, in 2008 the City Council approved the rezoning of the property to Planned Commercial Development, it was the intent this property would eventually develop as a commercial venture. This action was viewed as a compromise in the community due to the commercial potential of the Kipling location of the park parcel. Construction of the park was completed in 2010. The park meets the needs of the community through the amenities and facilities in the park. These include a skate park, a variety of play structures, a splash pad, picnic shelters, walking trails and athletic practice fields. There is adequate parking to support these activities. This portion of the site is not required to meet any future park development needs. On October 17, 2018, the Wheat Ridge Parks and Recreation Commission was presented information regarding the sale of the excess park property. The Committee voted 2-2-1 on the sale of the vacant parcel. BACKGROUND (CVS): In early 2017, CVS, through their representative AJ Barbato, approached the City regarding the development of the above stated parcels for the development of a new CVS Pharmacy. Barbato stated that negotiations were underway with the owner of the Appleridge Café for acquisition and potential relocation of the café. Appleridge was willing to have their site acquired as long as an adequate new site, within the same geographical area could be identified for relocation. In order for the development of the new pharmacy, the developer would also need to acquire the vacant parcel to the east of the café. This parcel is owned by the City of Wheat Ridge and under the control of the Parks and Recreation Department. The Department has identified this parcel as a remnant piece of land that is not needed to meet current or future park needs. The City requested the developer initiate an appraisal for the land value and purchase price. The initial appraisal was completed on March 26, 2017 by Mac Taggart & Mosier, Inc. which created a market value estimate for standalone secondary commercial premise at $400,000 and an assemblage to the full development of the CVS at $600,000. The developer agreed to pay the appraised amount. During this period, the developer was able to identify a parcel that was suitable for the Appleridge café relocation. The developer went under contract to obtain the site located directly south of the Recreation Center on Kipling, just north of the lot currently under redevelopment for the Circle K convenience station. The developer entered into negotiations with the owner of the café for acquisition and relocation. The negotiations were completed in early summer 2018. Because it had been over a year since the completion of the initial appraisal, the City requested a new appraisal based on current conditions. The second appraisal was conducted by the same Council Action Form - Park Land Sale November 26, 2018November 21, 2018 Page 4 firm who identified the standalone value at $450,000 and the market value estimate for the assemblage at $650,000. In the letter attached to this report, CVS has agreed to purchase the vacant site at the most recent appraised value of $650,000. CVS anticipates requesting the use of tax increment financing (TIF) available through the Wheat Ridge Urban Renewal Authority (Authority). At this time, the amount of TIF is still being developed through a pro forma which will be evaluated by the Authority. If any portion of sales tax will be utilized in the TIF, the Council will be asked to adopt a resolution approving a Cooperation Agreement with the Authority. CVS anticipates the construction of a building just over 13,000 square feet with a drive-thru pharmacy. The new Appleridge Café will be approximately 3,000 square feet. TRAFFIC: A formal site plan has not been submitted by the developer, but it is anticipated they will seek: • A right-in, right-out access point along Kipling Street (CDOT approval required) • Full access onto Johnson Street • A right-in, right out movement along West 38th Avenue. The City requested of CVS to provide some anticipated traffic flows from the site. The attached letter is not a full traffic study, but only a study based on International Transportation Engineers (ITE) figures from the Trip Generation Manual. If the project moves forward, a full traffic study will be commissioned. The attached letter from Kimley Horn provides trip generation estimates between the development of both pads for a CVS, compared to the development of both pads with the existing Appleridge Café at its existing site and a fast food establishment with a drive-thru on the vacant pad. The ITE data shows a combined Appleridge and fast food restaurant would generate approximately 1,752 daily vehicle trips while a standalone CVS would create 1,432 trips, a difference of 320 less trips. The distribution of the traffic was not analyzed. PROCESS: If the Council approves the ordinance, as conditions of the sale and prior to the initiation of construction, TMC Colorado would be required to close on its purchase of the Café property, a purchase and sale agreement between TMC Colorado and the City must be signed, and the property would need to be consolidated with the Café property under a consolidation plat. The final development will also require the site to meet all the building codes of the City and adhere to the Architectural Site Design Manual. RECOMMENDATIONS: Staff recommends the sale of the excess property for the following reasons: 1. The land in question is excess property and is not part of any future development plans of Discovery Park and was rezoned in 2008 to Planned Commercial Development. Council Action Form - Park Land Sale November 26, 2018November 21, 2018 Page 5 2. The sale will provide an additional $650,000 to the Parks and Recreation Department for improvements to City park capital investments. 3. If the sale were to not occur, the vacant land has no market value as a ‘stand-alone’ parcel for commercial development 4. The restaurant on the adjoining parcel is over 50-years old and the owner of the Appleridge Café desires the relocation of the restaurant. 5. The development of a CVS Pharmacy will provide additional sales tax revenues. 6. Traffic patterns indicate that vehicular movement will exit onto 38th Avenue from Johnson Street. RECOMMENDED MOTION: “I move to approve Council Bill No. 34-2018, an ordinance approving the sale of designated park land at the intersection of West 38th Avenue and Johnson Street, and in connection therewith authorizing execution of an agreement for said sale for the sole purpose of ordering it published and for a public hearing set for Monday, December 10, 2018 at 7 pm in City Council Chambers. REPORT PREPARED BY; Steve Art, Economic Development Manager/Executive Director – Renewal Wheat Ridge Joyce Manwaring, Director of Parks and Recreation Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 34-2018 2. Parcel Map 3. 2017 Appraisal 4. 2018 Appraisal 5. Purchase Agreement Letter 6. Traffic Generation Letter (Kimley/Horn) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ Council Bill No. 34 Ordinance No. _________ Series 2018 TITLE: AN ORDINANCE APPROVING THE SALE OF DESIGNATED PARK LAND AT THE INTERSECTION OF WEST 38TH AVENUE AND JOHNSON STREET AND, IN CONNECTION THEREWITH, AUTHORIZING EXECUTION OF AN AGREEMENT FOR SAID SALE WHEREAS, the City of Wheat Ridge, Colorado (“City”) owns certain real property within the City at the intersection of West 38th Avenue and Johnson Street that is designated as park land (the “Park Property”); and WHEREAS, a portion of the Park Property is adjacent to private property for which TMC Colorado, LLC, an Indiana Limited Liability Company (“TMC Colorado”) is the contract purchaser and upon which a café business is currently located (the “Café Property); and WHEREAS, in 2008, the City approved a master park plan for the Park Property that included information regarding the reservation of this property for future consolidation with the adjacent private property; and WHEREAS, in furtherance of both of these goals, the City and TMC Colorado are negotiating an agreement under which the City will convey the Park Property to TMC Colorado for a purchase price of $650,000 for the purpose of commercial development; and WHEREAS, the property the City proposes to convey to TMC Colorado is designated park land; and WHEREAS, pursuant to the Wheat Ridge City Charter Section 16.5, the unanimous approval of the entire City Council, by ordinance, is necessary to sell or dispose of designated park land; and WHEREAS, the City Council finds and determines that the sale of a portion of the park land located at West 38th Avenue and Johnson Street does not impact the use or needs of the adjacent park; and WHEREAS, the City Council therefore desires to approve the sale of the Park Property conditioned upon execution of a purchase and sale agreement, acquisition of the Café Property by TMC Colorado and the consolidation of the same with the Park Property. ATTACHMENT 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Sale of Park Property Approved. Pursuant to Charter Section 16.5, the City Council hereby approves the sale to TMC Colorado, LLC of certain City-owned property designated as park land for a purchase price of $650,000, and which land is more particularly described on Exhibit 1, attached hereto and incorporated herein by this reference. Section 2. Agreement Approved. In connection with the sale of park land approved by Section 1 above, the City Council hereby authorizes and directs the Mayor and City Clerk to execute a purchase and sale agreement and associated documents, in form approved by the City Attorney. Section 3. Conditions of Approval of Sale of Property. The sale of property and agreement approved by Sections 1 and 2 above is expressly contingent upon the satisfaction of all of the following conditions precedent: (1) the execution of a purchase and sale agreement in form approved by the City Attorney, (2) the acquisition of title by TMC Colorado, LLC of the Café Property, and (3) final approval of a consolidation plat and such other required land use approvals to permit the unified development of the Café Property and the Park Property. Should any one of these conditions precedent fail to occur on or before June 10, 2019, the approvals set forth in Sections 1 and 2 above shall never become effective. Section 4. 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 5. 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 the unanimous approval of the entire membership of the City Council this 26th day of November, 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 December 10, 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 the unanimous approval of the entire membership of the City Council 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 Park Property LEGAL DESCRIPTION A parcel of land in the NW ¼ of Section 27, T3S, R69W of the 6th PM, described as: Lot 3 and Tract A, 38th & Kipling Subdivision, City of Wheat Ridge, Jefferson County, Colorado, excluding therefrom right of way parcels of 15.25 and 19.5 feet in width along the norther boundary thereof, and a right of way parcel of 1.5 feet in width along the eastern boundary thereof, and retaining a drainage easement 15 feet in width across Tract A, as shown on the attached Exhibit 1A. Exhibit 1A Diagram of Park Property [Attached] 38TH AVE JO H N S O N S T DATE: 11/08/2018 Horizontal Coordinate System:NAD83/92 State Plane, Colorado Central Zone 0502 Vertical Datum: NAVD88 7500 West 29th AvenueWheat Ridge, CO 80033-8001303.234.5900 DISCLAIMER NOTICE: This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy,reliability and authority of this information is solely therequestor’s responsibility. The City of Wheat Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information. This information is availableto assist in identifying general areas of concern only. The computerized information provided herein should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall indemnify andhold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits, and causes of action thatresult as a consequence of his reliance on information provided herein. 3790 W. 38th Avenue Legend ROW_CURRENT Interstate State_Highway Road Centerline CLASS Primary road, interstate highway, limited access road Secondary road, U.S. highway Connecting road, county roads Neighborhood road, city street, unimproved road Special Road Feature EASE_Utility µ 30 0 3015 Feet EXHIBIT 1A ATTACHMENT 2 MacTaggart and Mosier, Inc. Real Estate Appraisers and Consultants 40 South Allison Street Lakewood, CO 80226 Ph: 303-399-5615 email: rcmosier@aol.com August 15, 2018 City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn.: Steve Art, Executive Director of the Urban Renewal Authority Dear Mr. Art: You are in receipt of an appraisal of the land east of the southeast corner of 38th Avenue at Kipling Street prepared March 31, 2017 with an effective date of March 26, 2017. The purpose of the inspection was to estimate the market value of the fee simple estate in this property in its “as is” condition. The intended use of the appraisal report is to serve as a basis for pricing the property for disposal. The City is the client and the sole intended user of that appraisal report. At its discretion, the prospective buyer, its attorney and accounting professional may be included as additional intended users. In that appraisal I estimated the value of the land in the standalone secondary commercial premise to be $400,000 and the value in an assemblage to the corner premise to be $600,000. This letter is an update to the original appraisal. It carries an effective date of August 8, 2018, the most recent date of inspection, has the intended use of establishing a basis for ATTACHMENT 4 Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 2 pricing the property for disposal, and is prepared for the same intended user, namely the City of Wheat Ridge. The sections of the original appraisal report that are updated, or are not changed but warrant emphasis, follow. OWNERSHIP AND SALES HISTORY The ownership has not changed and the owner is still the City of Wheat Ridge. It is still not under contract but the agent for CVS drug stores is proposing to buy the property. I have not been informed as to the asking price or offered amount in relation to this prospective sale. TAXES AND ASSESSMENTS The land is valued at $8,155 for 2017 taxes payable in 2018, and it remains $8,155 for 2018 taxes payable in 2019. HIGHEST AND BEST USE The highest and best use as a standalone site remains as an office or secondary commercial use. Combined with the corner site, the highest and best use as assembled is still for a high- intensity retail commercial use. SALES COMPARISON APPROACH A new search for comparable sales of secondary commercial sites reveals three new sales, Sale Nos. 7, 8 and 9 cited with the original six sales below. Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 3 Land Sales, Jefferson County File LSGRet1704.WR.38th Sale Location Area Price No.Grantor/Grantee Date Price (Sq.Ft.)Comments Per SF Financing --- ---------------- -------- -------------- --------- 1 7321 Sheridan Blvd.Aug-17 $480,000 24,829 Zoned PUD, Westminster, Lot in a Commercial Subdivision.$19.33 Cash to Seller. Tepper Partners/New Verizon Store, Sold as Net Leased Investment Jun-18. BTS Sheridan VZ, LLC 2 9890 W. 44th Ave.Jul-15 $532,000 43,516 Zoned C-1 Wheat Ridge; Residential Improvements. Demo'd $12.23 Cash to Seller. Cluck Estate/After Sale; Actual Price $507,000, Plus Demo. $25K = $532,000 Sheard Family Trust 3 7960 Wadsworth Blvd.May-15 $500,000 51,836 Zoned B-2 Arvada; Vacant Pad w/o Wadsworth Frontage.$9.65 Cash to Seller. Edgemark Development Services, LLC/Purchased for Dental Clinic. Mountain Dental Specialties, LLC 4 N of NWC Bowles Avenue @ Simms St.Nov-15 $450,000 30,000 Zoned PD, Jefferson County; Lot in Commercial Subdivision.$15.00 Cash to Seller. Market Development Corporation/Purchased for Christian Brothers Automotive. CBH Properties Ken Caryl, LLC 5 6230 W. 38th Ave.Oct-15 $432,000 30,056 Zoned MU-N Wheat Ridge $14.37 Cash to Seller. Johnson/41 dom Vacant Lot; For Sale Sophium Real Estate, LLC 6 NW of NWC 64th Avenue at Indiana St.Sep-16 $425,000 27,007 Zoned PUD-BP, Arvada; Vacant Site.$15.74 Cash to Seller Acorn 4 Arvada Marketplace/ Doud BTS, Inc. 7 5290 W. Arizona Ave.Aug-17 $375,000 27,878 Zoned M-G-S, Lakewood.$13.45 Cash to Seller. Guzman/102 dom Previous Sale Sep-16 $220,000, or $7.89/SF. HM Rental I, LLC 8 1825-1975 Kipling St.Listing $341,000 22,651 Zoned M-E-U, Lakewood $15.05 Cash to Seller. Listing Previous Sale May-17 $165,000, or $7.28/SF 9 8399 Ralston Rd.Feb-17 $160,600 10,500 Zoned P-1, Arvada $15.30 Cash to Seller. BB Holdings Colorado, LLC/Purchased by investor to sell to adjacent owner for parking McClaflin Real Estate, LLC 2 days later Feb-17 for $200,000 or $19.05/SF. 25% increase over normal price for assemblage. Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 4 Sale Nos. 1 through 6 are the sales from the original report with only a modification for the listing is now a sale in Sale No. 1. Sale Nos. 7 through 9 are new sales generated for this update of the appraisal. All the sales are processed like they were through the original appraisal, including the application of a 10% per year time adjustment to all the sales to bring them to the current date. The adjustment grid that follows develops value indications from $14.21 to $19.36 per square foot. Weighting the new sales the most, the weighted average is $17.06 per square foot. It is important to note that the new sales indicate a lower value than the six sales from the original report. Two reasons explain this phenomenon. The new sales are generally in more marginal retail areas, and although adjustment for location has brought them more in line, the adjustment may have not been enough. And the time adjustment for the original sales at 10% per year for as long as three years results in hefty adjustments to the original sales. Property appreciation can have waned in the last year and a half, but in other segments of the Denver land market I have observed spikes in land prices and I reject a lower time adjustment. The best way to reflect the softening land appreciation, if that is what is happening, is to place a greater weight on the newer sales. Ranking the sales in descending order, with the newer sales carrying the greatest weight, the weighted average is $17.06, calculating a value estimate of ($17.06 per square foot X 25,378 square feet = ) $432,949, rounded to: VALUE ESTIMATE BY SALES COMPARISON APPROACH STANDALONE SECONDARY COMMERCIAL PREMISE $450,000 Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 5 Adjustment Grid to Compare to 38th Ave. E. of Kipling St. Sale Location Price Circumst.Subtotal Adjusted Location Layout Net Indicated No.Grantor/Grantee Per SF Time of Sale Financing Adjustments Price /Use Topography Size Adj.Value Weight Extension --- ----------------- ------- ------------------ ---------------- -------- ---------------------------- ------ -------- 1 7321 Sheridan Blvd.$19.33 110% 100% 100%110% $21.36 -10%0%0% -10% $19.22 5 $96.10 12 Interior Level Visibility to Maj. St. 2 9890 W. 44th Ave.$12.23 136% 100% 100%136% $16.62 0%0%10%10% $18.28 4 $73.13 37 Interior Level Min. Ret. Exposure 3 7960 Wadsworth Blvd.$9.65 138% 100% 100%138% $13.33 0%0%10%10% $14.67 2 $29.33 39 Interior Level Min. Ret. Exposure 4 N of NWC Bowles Avenue @ Simms St.$15.00 130% 100% 100%130% $19.56 -10%0%0% -10% $17.61 1 $17.61 32 Interior Level Visibility to Maj. St. 5 6230 W. 38th Ave.$14.37 132% 100% 100%132% $18.90 0%0%0%0% $18.90 3 $56.70 33 Interior Level Min. Ret. Exposure 6 NW of NWC 64th Avenue at Indiana St.$15.74 123% 100% 100%123% $19.36 0%0%0%0% $19.36 6 $116.19 25 Interior Level Min. Ret. Exposure 7 5290 W. Arizona Ave.$13.45 110% 100% 100%110% $14.86 20%0%0%20% $17.83 9 $160.49 12 Interior Level Min. Ret. Exposure Stagnant Retail Area 8 1825-1975 Kipling St.$15.05 90% 100% 100%90% $13.55 10%0%0%10% $14.90 7 $104.33 Listing Corner Level Visibility to Maj. St. Stagnant Retail Area 9 8399 Ralston Rd.$15.30 116% 100% 100%116% $17.76 -10%0% -10% -20% $14.21 8 $113.66 18 Corner Level Visibility to Maj. St. Column Totals:45 $767.54 Weighted Average:$17.06 Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 6 PREMIUM FOR ASSEMBLAGE Because the highest and best use is for assemblage to the corner to create a retail site for a national retailer, the value of the subject is influenced by: its proximity to the corner; the lack of adequate size of land at the corner for a national chain retail site; and the lack of other possibilities to acquire the necessary land. A premium over and above its value as a standalone secondary commercial site is warranted. The following sales are presented to demonstrate the going rate for corner locations for national retailers to construct new facilities. Sale Nos. 10 through 13 are from the original report, and Sale No. 14 was added for this update. The range is from $21.96 to $37.64 per square foot before adjustments. After making transactional adjustments (in this case just for time) the prices are $23.66 to $46.32 per square foot. The value of the assembled site of 52,036 square feet is from $30.00 to $35.00 per square foot, or between $1,230,000 to $1,820,000, rounded. Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 7 Corner Sites to National Retailers Sale Location Area Price No.Grantor/Grantee Date Price (Sq.Ft.)Comments Per SF Financing 10 5904 S. Kipling St.Dec-16 $1,450,000 56,198 Zoned PD, Jefferson County; Car Wash, 3,372 SF Demo'd $25.80 Cash to Seller. Gosch, et ux., Heckman Management/405 dom 2 Retail Buildings 5,447 SF Demo'd CVS 10782 Co., LLC Actiual Price $1,350,000 plus Demo $100K = $1,450,000. 11 280 S. Yarrow St.Jan-17 $1,650,000 55,404 Zoned M-C-U, Lakewood $29.78 Cash to Seller Suppa Properties, LLC Purchased for new retail center 17,621 SF. EGO, Inc. 12 NWC 72nd Ave. @ Sheridan Blvd.Jun-16 $705,000 18,731 Zoned PUD Westminster; Lot in a Commercial Subdivision.$37.64 Cash to Seller Cadence Development, LLC/Same-Day Sale Tepper, et ux to Cadence, $530,000, or $28.30/SF Legend Lake 7211 N Sheridan, LLC "Denny's" Restaurant now under construction. 13 3244 S. Wadsworth Blvd.Jun-16 $975,000 28,835 Zoned C-R Lakewood; "Perkins" Restaurant, 5,212 SF Demo'd $33.81 Cash to Seller. Mitchel Cory Family, LLC/Actiual Price $900,000 plus Demo $75K = $975,000. Red Robin West, Inc.Pad in Shopping Center; Purchased for new "Red Robin" restaurant. 14 Lot 8, Gateway Village, US 40 NW of I-70 Jun-17 $1,798,443 81,893 Zoned Commercial, Golden; Purchased for a convenience store; Adja $21.96 Cash to Seller Gateway Land Investment, LLC/new hotels. KG Store 319, LLC Reception # 2017064129, Jun 21, 2017 Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 8 These sales are not used to directly value the subject site. The subject has no frontage or exposure to the major thoroughfare. But assembled to the corner, it takes on the characteristics of the larger corner site. These sales represent the maximum amount of value the subject site could obtain were it included with the corner site. To build a free- standing retail store about 50,000 square feet of land area is necessary and the corner has 26,658 square feet. The subject site (25,378 square feet) is necessary to assemble to the corner to achieve this size necessary for national retail development. This puts the subject property in an advantageous negotiating position, and the premium for assemblage will be substantial. Sale No. 9 presented earlier is a new sale for this update and is cited at the first sale as a standalone site, selling for $15.30 per square foot. In the second sale two days later, it sold for $19.05 to the owner of the adjacent office building for parking. This is an increment of ($19.05 per square foot / $15.30 per square foot = ) 1.245, or 25% for assemblage. Sale No. 15, cited below, is the anatomy of a commercial land assemblage for a self-storage facility in Arvada. The assemblage of the site is summarized: Assemblage for a Self-Storage Facility Sale Location Area Price No.Grantor/Grantee Date Price (Sq.Ft.)Comments Per SF --- ---------------- -------- -------------- 15 9989 W. 60th Ave.Feb-16 to Apr-17 $2,195,000 91,089 Zoned B-2, Total Assemblage for Arvada Self Storage $24.10 Arvada Urban Renewal / 60th & Ralston, LLC Feb-16 $180,000 41,474 Vacant Site Subsidized by Arvada Urban Renewal; 838 dom $4.34 Vigil / 60th & Ralston, LLC Apr-17 $650,000 35,850 Monterrey House Restaurant; Act. Price $587K + Demo = $650K $18.13 Erickson / 60th & Ralston, LLC Mar-17 $1,365,000 13,765 3-Story Office Bldg.; Act. Price $1,250,000 + Demo = $1,365,000 $99.16 Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 9 LAYOUT OF SELF-STORAGE FACILITY SITE. The assemblage was accomplished in three parts: the original purchase at a discounted price from the Urban Renewal Authority; then a nearly simultaneous purchase over one year later of a restaurant (a large critical part of the assemblage) and an office building (a smaller part of the assemblage that enhances the layout and density but is not vital to the project). The discounted price of the original purchase makes it feasible to buy improved property and spend money on demolition. But taken altogether, the assembled price of $24.10 is more than the price paid for other self-storage sites on the Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 10 West Side of town. Because the base for measuring assemblage premium is skewed so low (the Urban Renewal price) a premium for assemblage cannot be measured. But it is clear from the price paid for the office building ($99.16 per square foot of land area) that the premium is extraordinarily high. Stated another way, the assemblage of the Urban Renewal site and the adjacent restaurant cost $830,000 for 77,324 square feet, or $10.73 per square foot of land. Adding the last 13,765 square feet of land with the office building, the cost skyrockets to $2,195,000 or $24.10 per square foot of land. The addition of 18% more land area added 164% to the assembled Urban Renewal site and the restaurant site to make the three-parcel assemblage. From a 25% premium as measured by Sale No. 9 to unquantified but exorbitant premium as measured by Sale No. 15, a 50% premium used in the original appraisal is justified. The value of the subject property in the assemblage to the corner premise is ($17.06 per square foot standalone premise X 1.5 assemblage premium = $25.59 per square foot assembled to the corner X 25,378 square feet = ) $649,423, rounded to: MARKET VALUE ESTIMATE ASSEMBLAGE TO THE CORNER PREMISE $650,000 VALUATION SUMMARY Due to the proximity of this property to the corner and its complementary layout and size with relation to the corner parcel, both the standalone secondary commercial premise and the Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 11 assemblage to the corner premise are presented. Those value estimates are: MARKET VALUE ESTIMATES STANDALONE SECONDARY COMMERCIAL PREMISE $450,000 ASSEMBLAGE TO THE CORNER PREMISE $650,000 CERTIFICATION I certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct; • the reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions and conclusions; • I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved; • I have performed no services as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment; • I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment; • my engagement in this assignment was not contingent upon developing or reporting predetermined results; • my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal; • my analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Appraisal Institute’s Code of Professional Ethics and Standards of Appraisal Practice, which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report, Richard C. Mosier has completed the requirements of the continuing education program of the Appraisal Institute; • I have made a personal inspection of the property that is the subject of this report; and • no one provided significant real property appraisal assistance to the person signing this certification. Richard C. Mosier, MAI Colorado General Certified Appraiser #CG01313149 EXHIBIT “A” QUALIFICATIONS OF THE APPRAISER AND LIMITING CONDITIONS QUALIFICATIONS OF APPRAISER NAME : Richard C. Mosier, MAI EDUCATION : Bachelor of Science Degree in Business Administration; Building Industry and Real Estate Major; University of Denver, June, 1973. APPRAISAL DESIGNATIONS, OFFICES HELD: MAI (Member, Appraisal Institute) Certificate No. 6334, November, 1981 Appraisal Institute, Colorado Chapter, President 1991 Appraisal Institute, Region II Finance Officer 1993-2004 Appraisal Institute, Region II, Chair 2007 Appraisal Institute, National Board of Directors 2006-2007 APPRAISAL INSTITUTE CLASSROOM INSTRUCTOR: AI Basic Appraisal Principles Since 2012 AI Basic Appraisal Procedures Since 2012 AI General Sales Comparison Approach Since 2013 AI General Income Capitalization Approach, Parts 1 and 2 Since 2013 AI General Site Valuation and Cost Approach Since 2013 MEMBER OF : Denver Board of Realtors (Appraiser Member). LICENSES : Real Estate Broker in Colorado since June, 1975 Certified General Appraiser in Colorado, #CGO1313149 Certified General Appraiser in Wyoming, #376 BUSINESS AFFILIATIONS: Mac Taggart & Mosier, Inc., President 40 South Allison Street Lakewood, Colorado 80226 APPRAISAL EXPERIENCE: Appraised various types of real property including single-family homes, condominiums, apartments, shopping centers, commercial buildings, restaurants, service stations, office buildings, warehouses, manufacturing plants, motels, golf courses, subdivisions and land developments, easements, conservation easements, water rights, leased fee and leasehold estates, and special purpose, residential, commercial and industrial land. Qualified expert witness in District Courts of Denver, Arapahoe, Boulder, Douglas, Elbert and Jefferson Counties, Federal Bankruptcy Court, various arbitration proceedings. CAREER HISTORY: Associated with C. K. Mac Taggart, MAI, since graduating from college in 1973 in a research analyst capacity until 1976. Served as an associate appraiser until July, 1980, when Mac Taggart and Mosier, Inc., was formed. REPRESENTATIVE LIST OF APPRAISAL CLIENTS: AAA Colorado ANB Bank Bank of the West Boulder County Board of Equalization Broomfield County Board of Equalization City of Lakewood City of Wheat Ridge City of Centennial Colorado State Bank Colorado Department of Transportation Colliers International Comerica Bank Denver Health and Hospitals Denver Lumber Company Douglas County Douglas County Board of Equalization Federal Deposit Insurance Corporation Fidelity National Title First Citizen’s Bank FirstBank GE Capital National Home State Bank Jefferson County Dept. of Highways Jefferson County Open Space Kansas State Bank Metro West Housing Solutions PCV Murcor Sage Capital Town of Loveland Town of Silverthorne UMB Bank Wells Fargo Trust Department Various Private Individuals LIMITING CONDITIONS AND ASSUMPTIONS 1. Title to the property is assumed to be good and marketable. 2. No responsibility for legal matters is assumed, nor is the appraiser(s) required to give testimony or appear in court unless prior arrangements have been made in writing. If any courtroom or administrative testimony is required in connection with this report, an additional fee shall be charged for those services. 3. All information in this report has been obtained from reliable sources. The appraiser(s) cannot, however, guarantee or be responsible for the accuracy of the information furnished by others. 4. Sketches in this report are intended for illustrative purposes only. 5. If the property being appraised is a fractional interest(s) of real estate, it, when added to the value of any other fractional interest(s), may or may not equal the value of the entire fee simple estate. 6. If the property being appraised is a geographical portion of a larger parcel, it, when combined with the remaining geographical portion(s), may or may not equal the value of the whole. 7. One (or more) of the signatories of this appraisal report is a member of the Appraisal Institute. The Bylaws and Regulations of the Institute require each member to control the use and distribution of each appraisal report signed by such member. The party for whom this appraisal report was prepared may distribute copies of this report, bearing original signature(s), only in its entirety. Such copies that are distributed must contain all exhibits including these limiting conditions and assumptions. 8. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales, or other media without the written consent and approval of the appraiser(s), particularly as to valuation conclusions, the identity of the appraiser(s) or firms with which connected, or any reference to the Appraisal Institute or to the MAI or SRA designations. 9. The distribution of the total valuation in this report between land and improvements applies only under the existing utilization and zoning of the property. Land and improvements are not severable for other valuation purposes. 10. Mechanical, electrical and plumbing systems in the improvements are presumed to be in operating condition, and no liability for the malfunction of those items is assumed by the appraiser(s). A qualified engineer is recommended for an opinion of serviceability and adequacy of those components. 11. (For proposed improvements). Completion as per the plans and specifications submitted and construction to start within a reasonable time period from the date of this report. 12. (For proposed improvements). The appraiser(s) reserves the right to inspect the subject improvements when completed to verify conformance with the plans and specifications upon which this appraisal is based. 13. Soils conditions, underground or concealed hazardous materials, or other features of the property not visibly apparent are not investigated by the appraiser(s) unless it is specifically addressed in the report. Any damages arising from such defects in the property is without warranty or liability of the appraiser(s). 14. Any damages incurred by the use of or reliance on the appraisal report is without warranty or liability except for the amount of the fee paid to the appraiser(s). 15. By the use of or reliance on this appraisal report, such user is assumed to have read and agrees to these 15 numbered limiting conditions and assumptions. END OF APPRAISAL REPORT AND EXHIBITS ATTACHMENT 3 T. N.'T. CROWLEY & ASSOCIATE,S October 3, 2018 Steve Art Executive Director Wheat Ridge Urban Renewal Authority 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Steve - Please accept this letter as confirmation of TMC Colorado 2, LLC's agreement with the appraisal price of $650,000 contained in the updated August 15, 2018 appraisal from MacTaggart and Mosier to the City of Wheat Ridge. TMC Colorado 2, LLC is currently under contract with the other parcels necessary to complete the development of a CVS Pharmacy and the relocation and development of the AppleRidge Caf6. The above price would be subject to further contingencies regarding the development timeline and permitting of the aforementioned developments and assistance from the Wheat Ridge Urban Renewal Authority. Please let me know if you have any further questions. Thank you, il/ NaarLto Executive Vice President of Real Estate Development T.M. Crowley and Associates 5O'1 PEN NSYLVANIA PARKVVAY - SUITEl60 y. \'' w. t n cr a v, le y. c o m ,i(317)7O5-aaOO . 1 t317)7O5-AAO1 ATTACHMENT 5 kimley-horn.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 October 9, 2018 Wheat Ridge Urban Renewal Authority 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Attn: Mr. Steve Art Executive Director Re: SEC 38th & Kipling Redevelopment Trip Generation Comparison Letter Dear Mr. Art: This letter documents a comparison of trip generation of a proposed redevelopment to occur on the southeast corner of the 38th Avenue and Kipling Street intersection in Wheat Ridge, Colorado. Apple Ridge Café exists directly on this corner, and a vacant parcel is located to the east of this existing restaurant. A redevelopment is proposed which would include replacing the existing restaurant and vacant parcel with a proposed approximate 13,111 square foot pharmacy with drive-through window. Apple Ridge Café is approximately 3,000 square feet. It is believed that the existing vacant parcel to the east could and would likely otherwise develop into a 3,000-square foot fast food restaurant with drive through if this redevelopment project were not to occur. Therefore, a trip generation comparison between the existing 3,000 square foot Apple Ridge Café sit down restaurant and possible adjacent 3,000 square foot fast food restaurant with drive through was compared to a pharmacy with drive through use. Site-generated traffic estimates are determined through a process known as trip generation. Rates and equations are applied to the existing and proposed land uses to estimate traffic generated by the development during a specific time interval. The acknowledged source for trip generation rates is the Trip Generation Manual1 published by the Institute of Transportation Engineers (ITE). ITE has established trip rates in nationwide studies of similar land uses. Trip generation was based on the ITE Trip Generation, 10th Edition (most current edition) average rate equations for high-turnover sit-down restaurant (ITE Code 932) for the Apple Ridge Café restaurant, fast-food restaurant with drive-through (ITE Code 934) for the adjacent vacant parcel to represent development potential, and Pharmacy/Drugstore with Drive-Through Window (ITE Code 881) for this proposed redevelopment project to provide a comparative analysis. The following table summarizes the anticipated trip generation for the proposed 13,111 square foot pharmacy with drive through window compared with the existing 3,000 square foot Apple Ridge Café restaurant and possible adjacent 3,000 square foot fast food restaurant with drive-through window (trip generation calculations are attached). 1 Institute of Transportation Engineers, Trip Generation Manual, Tenth Edition, Washington DC, 2017. ATTACHMENT 6 Mr. Art 096375030 Page 2 kimley-horn.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 Trip Generation Comparison Apple Ridge Café and Adjacent Fast Food Restaurant to Pharmacy with Drive Through (proposed restaurant) USE AND SIZE DAILY VEHICLE TRIPS WEEKDAY VEHICLE TRIPS AM Peak Hour PM Peak Hour In Out Total In Out Total Existing & Possible Uses – Apple Ridge Café and Adjacent Fast Food Restaurant Sit-Down Restaurant (932) 3,000 Square Feet 338 16 14 30 18 11 29 Fast Food Restaurant w/ DT (934) 3,000 Square Feet 1,414 62 59 121 51 47 98 Total 1,752 78 73 151 69 58 127 Proposed Use – Pharmacy with Drive Through Pharmacy/Drugstore W DT (881) 13,111 Square Feet 1,432 26 24 50 68 68 136 Net Difference in Trips -320 -52 -49 -101 -1 +10 +9 As summarized in the table, the currently proposed redevelopment of the southeast corner of the 38th Avenue and Kipling Street intersection to a pharmacy with drive through would be anticipated to generate 1,432 daily weekday trips with 50 trips occurring during morning peak hour, and 136 trips occurring during the afternoon peak hour based on ITE equations and data. Based on the ITE equations for the existing Apple Ridge Café sit-down restaurant and a possible adjacent fast food restaurant with drive through, the proposed pharmacy redevelopment is anticipated to generate less traffic over an average weekday and during the morning peak hour, with slightly more traffic generated during the afternoon peak hour. The change in use is anticipated to account for a decrease of approximately 320 daily trips, a decrease of 101 trips in the morning peak hour, and an increase of 9 trips during the afternoon peak hour. Important to note, it is believed that the traffic generated by the existing Apple Ridge Café may be greater than the volumes predicted from the ITE equations due to the known busyness of the restaurant and the amount of parking provided on site. In summary, this traffic study letter provides a trip generation comparison for a proposed pharmacy with drive through redevelopment to be located on the southeast corner of the 38th Avenue and Kipling Street intersection in Wheat Ridge, Colorado. The redevelopment is anticipated to decrease daily and morning peak hour traffic, but only slightly increase traffic to the project site during the afternoon peak hour. If you have any questions or require anything further, please feel free to call me at (303) 228-2304. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Curtis D. Rowe, P.E., PTOE Vice President 10/09/2018 Project Apple Ridge Café Subject Trip Generation for High-Turnover (Sit-Down) Restaurant Designed by Curtis Rowe Date September 26, 2018 Job No. Checked by Date Sheet No.1 of 1 TRIP GENERATION MANUAL TECHNIQUES ITE Trip Generation Manual 10th Edition, Average Rate Equations Land Use Code - High Turnover Sit-Down Restaurant (932) Independant Variable - 1000 Square Feet Gross Floor Area (X) Gross Floor Area =3,000 Square Feet X = 3.000 T =Average Vehicle Trip Ends Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. (900 Series Page 97) Average Weekday Directional Distribution:55% ent. 45%exit. T = 9.94 (X)T =30 Average Vehicle Trip Ends T = 9.94 *3.000 16 entering 14 exiting Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. (900 Series Page 98) Average Weekday Directional Distribution:62% ent. 38%exit. T = 9.77 (X)T =29 Average Vehicle Trip Ends T = 9.77 *3.000 18 entering 11 exiting Weekday (900 Series Page 96) Average Weekday Directional Distribution: 50% entering, 50% exiting T = 112.18 (X)T =338 Average Vehicle Trip Ends T = 112.18 *3.000 169 entering 169 exiting P.M. Peak Hour of Generator (900 Series Page 100) Average Weekday Directional Distribution:52% ent. 48%exit. T = 17.41 (X)T =52 Average Vehicle Trip Ends T = 17.41 *3.000 27 entering 25 exiting Saturday Peak Hour of Generator (900 Series Page 105 Average Saturday Directional Distribution:51% ent. 49%exit. T = 11.19 (X)T =34 Average Vehicle Trip Ends T = 11.19 *3.000 17 entering 17 exiting Non Pass-By Trip Volumes (Per ITE Trip Generation Handbook, 3rd Edition September 2017-Page 207) AM Peak Hour =57%Non-Pass By PM Peak Hour =57%Non-Pass By IN Out Total AM Peak 9 8 18 PM Peak 10 6 17 Daily 96 96 192 PM Peak Hour Rate Applied to Daily Pass-By Trip Volumes (Per ITE Trip Generation Handbook, 3rd Edition September 2017 -Page 207) AM Peak Hour =43%Pass By PM Peak Hour =43%Pass By IN Out Total AM Peak 7 6 14 PM Peak 8 5 13 Daily 73 73 146 PM Peak Hour Rate Applied to Daily Project SEC 38th & Kipling Subject Trip Generation for Fast-Food Restaurant with Drive-Through Window Designed by CDR Date October 09, 2018 Job No. Checked by Date Sheet No.1 of 1 TRIP GENERATION MANUAL TECHNIQUES ITE Trip Generation Manual 10th Edition, Average Rate Equations Land Use Code - Fast Food Restaurant With Drive-Through Window (934) Independant Variable - 1000 Square Feet Gross Floor Area (X) Gross Floor Area = 3,000 Square Feet X =3.000 T = Average Vehicle Trip Ends Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. (900 Series page 158) Average Weekday Directional Distribution: 51%ent.49%exit. T = 40.19 (X)T =121 Average Vehicle Trip Ends T = 40.19 * 3.000 62 entering 59 exiting 62 +59 (*) =121 Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. (900 Series page 159) Average Weekday Directional Distribution: 52%ent.48%exit. T = 32.67 (X)T =98 Average Vehicle Trip Ends T = 32.67 * 3.000 51 entering 47 exiting 51 +47 =98 Weekday (900 Series page 157) Average Weekday Directional Distribution: 50% entering, 50% exiting T = 470.95 (X)T =1414 Average Vehicle Trip Ends T = 470.95 * 3.000 707 entering 707 exiting 707 +707 =1414 Saturday Peak Hour of Generator (900 Series page 163) Directional Distribution: 51%ent.49%exit. T = 54.86 (X)T =165 Average Vehicle Trip Ends T = 54.86 * 3.000 84 entering 81 exiting 84 +81 =165 Non Pass-By Trip Volumes (Per ITE Trip Generation Handbook, 3rd Edition September 2017) AM Peak Hour =51%Non-Pass By PM Peak Hour =50%Non-Pass By IN Out Total AM Peak 32 30 62 PM Peak 26 24 49 Daily 354 354 708 PM Peak Hour Rate Applied to Daily Pass-By Trip Volumes (Per ITE Trip Generation Handbook, 3rd Edition September 2017) AM Peak Hour =49%Pass By PM Peak Hour =50%Pass By IN Out Total AM Peak 30 29 59 PM Peak 26 24 49 Daily 353 353 706 PM Peak Hour Rate Applied to Daily Project SEC 38th & Kipling Subject Trip Generation for Pharmacy/Drugstore with Drive-Through Window Designed by Date Job No. Checked by Sheet No.of TRIP GENERATION MANUAL TECHNIQUES ITE Trip Generation Manual 10th Edition, Average Rate Equations Land Use Code - Pharmacy/Drugstore with Drive-Through Window (881) Independant Variable - 1000 Sq. Feet Gross Floor Area (X) SF= X = T = Average Vehicle Trip Ends Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. (page Series 800 Page 562) Average Weekday Directional Distribution: ent.exit. T = 3.84 (X)T =50 Average Vehicle Trip Ends (T) = 3.84*(13.1)entering exiting += Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. (Series 800 page 563) Average Weekday Directional Distribution: 50%ent.50%exit. T = 10.29 (X)T =Average Vehicle Trip Ends (T) = 10.29 *(13.1)entering exiting +=136 Weekday (Series 800 page 561) Average Weekday Directional Distribution: 50% entering, 50% exiting T =Average Vehicle Trip Ends (13.1)entering exiting 716 +716 =1432 Directional Distribution: ent.exit. T =108 Average Vehicle Trip Ends (13.1)53 entering 55 exiting 53 +55 =108 Non-Pass-by Trip Volumes (page 63, ITE Trip Generation Handbook, December 2012) PM Average Pass By Percentage:51%Pass By IN Out Total AM Peak 25 PM Rate Applied to AM Peak PM Peak 69 Daily 732 PM Rate Applied to Daily Saturday 55 PM Rate Applied to Saturday Pass-by Trip Volumes (page 63, ITE Trip Generation Handbook, December 2012) PM Average Pass By Percentage:49%Pass By IN Out Total AM Peak 24 PM Rate Applied to AM Peak PM Peak 67 Daily 702 PM Rate Applied to Daily Saturday 53 PM Rate Applied to Saturday26 351 33 27 351 33 1213 28 365 13 27 365 T = 8.20 (X) (T) = 8.20 * 35 53%47% 12 35 Saturday Peak Hour of Generator (page 1807) 68 136 2426 26 24 50 716 68 51%49% 13.111 13111 T = 109.16 (X) (T) = 109.16 *716 1432 68 68 ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 33-2018 – AN ORDINANCE APPROVING A ZONE CHANGE FROM AGRICULTURAL-ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) FOR PROPERTY LOCATED AT 4440 TABOR STREET (CASE NO. WZ-18-15/CLEAR CREEK TERRACE) PUBLIC HEARING ORDINANCES FOR 1ST READING (11/26/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (1/14/2019) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Agricultural-One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 4440 Tabor Street. The purpose of this request is to prepare the property for development of a twenty-six unit townhome project. PRIOR ACTION: Planning Commission heard this request at a public hearing held on November 15, 2018 and gave a recommendation of approval for the following reasons: 1. The proposed zone change will promote the public health, safety, and welfare of the community. 2. The proposed zone change will provide a land use transition from 44th Avenue to the low-density neighborhoods to the north. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan. Council Action Form – 4440 Tabor Street Rezoning November 26, 2018 Page 2 4. The zone change will promote redevelopment and revitalization of the property and may serve as a catalyst for other property redevelopment or improvements in the area. 5. The criteria used to evaluate a zone change support the request. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1,286.00 were collected for the review and processing of Case No. WZ-18-15. BACKGROUND: Current Zoning/Property Description The property is located mid-block on Tabor Street north of 44th Avenue and south of Interstate-70. The property is approximately 2.07 acres in size, is “L”-shaped, and is currently undeveloped. The existing A-1 zoning on the property allows single-family residential estate living (one acre lots) within a quasi-rural or agricultural setting. In addition to single-family residential, general farming operations and uses such as greenhouses, stables and fish hatcheries are allowed as permitted land uses. Under current zoning, if the property were subdivided for residential development, it could have two single-family homes on it. Tabor Street is designated as a collector street and is a primary north-south route between W. 44th Avenue and W. 52nd Avenue, connecting to both the 1-70 Frontage Road and the Wheat Ridge-Ward commuter rail station. Traffic counts taken in 2016 indicate a traffic volume of 4,496 vehicles per day on this stretch of Tabor Street. Surrounding Land Uses The site is surrounded by a variety of zoning designations and land uses. To the north, east, and south of the subject property are a variety of residential zone districts including Residential-One (R-1), Residential-Two (R-2), and Residential-Three (R-3). This area includes single-family homes, duplexes, and some small multi-family developments. To the west across Tabor Street are a variety of commercial zone districts, Planned Commercial Development (PCD) and Commercial-One (C-1), as well as a property that was rezoned to Mixed Use – Neighborhood (MU-N) by City Council on April 30, 2018. Proposed Zoning and Outline Development Plan The proposed Planned Residential Development zoning and Outline Development Plan are intended to accommodate 26 townhome units in four and six unit building configurations. Each of the units will have an attached, rear-loaded two-car garage. A single curb cut on Tabor provides access into the property. If approved, the proposed density would be 12.5 units per acre, which is similar to the City’s R-3 zoning and considered to be in the medium-density range. Because the property exceeds one acre Council Action Form – 4440 Tabor Street Rezoning November 26, 2018 Page 3 in size, it is not eligible to be rezoned to R-3 or any other straight residential zone district; it is eligible only for a PRD or mixed use district. A complete analysis of the zone change criteria and ODP will be included with the ordinance for second reading. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission packet and minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 33-2018, an ordinance approving the rezoning of property located at 4440 Tabor Street from Agricultural-One (A-1) to Planned Residential Development (PRD) with approval of an Outline Development Plan, on first reading for the sole purpose of ordering it published for a public hearing set for Monday, January 14, 2019 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. 33-2018 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 33 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM AGRICULTURAL-ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) FOR PROPERTY LOCATED AT 4440 TABOR STREET (CASE NO. WZ-18-15/CLEAR CREEK TERRACE) 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, Creekside Homes, LLC has submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) zone district with an Outline Development Plan for property located at 4440 Tabor Street; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which designates the property along the east side of Tabor Street as Neighborhood; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 15, 2018 and voted to recommend approval of rezoning the property to Planned Residential Development (PRD), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Creekside Homes, LLC, for approval of a zone change ordinance from Agricultural-One (A-1) to Planned Residential Development (PRD) for property located at 4440 Tabor Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: Lot 2, Davisher Minor Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of ATTACHMENT 1 health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 26th day of November, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, January 14, 2019, at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2019. SIGNED by the Mayor on this _______ day of _______________, 2019. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Janelle Shaver, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 32-2018 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6985 W. 38TH AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE- NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-21/BARTA) PUBLIC HEARING ORDINANCES FOR 1ST READING (11/26/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/14/2019) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 6985 W. 38th Avenue. The proposed rezoning area includes one parcel, the total size of which is approximately one-sixth of an acre. PRIOR ACTION: Planning Commission heard the request at a public hearing on November 15, 2018, and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $845 were collected for the review and processing of Case No. WZ-18-21. BACKGROUND: The subject property is located at 6985 W. 38th Avenue. The property is approximately a sixth of an acre in size (6,900 square feet) and is located on the north side of W. 38th Avenue between Council Action Form – Rezoning Property at 6985 W. 38th Avenue from C-1 to MU-N November 26, 2018 Page 2 Reed Street and Pierce Street. Currently the property contains one structure, a two-story building containing retail/office spaces on the first floor and four apartments on the second floor. The structure was built in 1950, per the Jefferson County Assessor. There is a parking area in the front of the building, and behind are more parking spaces in addition to an alley/trash collection area. The building is physically attached to the neighboring building on the east side, 6915 W. 38th Avenue, which is common for older commercial buildings, particularly on W. 38th Avenue. The number of existing residential units exceeds what is currently allowed in C-1, but they are considered legally nonconforming because they appear to have existed since the structure’s original construction. Surrounding Land Uses The property is currently zoned Commercial-One (C-1). Most properties along W. 38th Avenue between Wadsworth Boulevard and Sheridan Boulevard are zoned Mixed Use – Neighborhood (MU-N) as a result of a legislative rezoning in 2012, but the property owner at the time opted out of the MU-N zoning. The surrounding businesses include restaurants, bars, offices, and a gas station. Current and Proposed Zoning The property is currently zoned Commercial-One (C-1), which provides for a wide range of commercial land uses including office, general business, and retail sales and service establishments. Residential uses can be located in C-1 but must be accessory to a primary use. The applicant is requesting the property be rezoned to Mixed Use-Neighborhood, a zone district intended to provide medium density mixed-use development. In addition to residential and office uses, it allows for a range of neighborhood-serving commercial and retail uses. The zone change will allow the property to match the zoning of the surrounding properties and will allow the buildings existing nonconforming uses to comply with the zoning. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission packet and minutes will be included in the City Council packet for the public hearing. Council Action Form – Rezoning Property at 6985 W. 38th Avenue from C-1 to MU-N November 26, 2018 Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 32-2018 an ordinance approving the rezoning of property located at 6985 W. 38th Avenue from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) on first reading for the sole purpose of ordering it published for a public hearing set for Monday, January 14, 2019 at 7 p.m. in City Council Chambers, and, if adopted, that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 32-2018 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 32 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6985 W. 38th AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-21 / BARTA HOUSE) 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, Barta House LLLP has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone district for property located at 6985 W. 38th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for a mix of land uses and high quality urban form on W. 38th Avenue; and, WHEREAS, the zoning will bring the property into conformance with the surrounding zoning on the corridor; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 15, 2018 and voted to recommend approval of rezoning the property to Mixed Use-Neighborhood (MU-N), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Barta House LLLP for approval of a zone change ordinance from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 6985 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: PARCEL A: THE EAST 34 FEET OF LOT 1 AND THE WEST 12 FEET OF THE W ½ OF LOT 10, BLOCK NO. 1 OF HOLLEY SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. ATTACHMENT 1 PARCEL B: TOGETHER WITH AND EASEMENT ACROSS THE NORTH 15 FEET OF THE WEST 100 FEET OF SAID LOT 1 AS GRANTED BY INSTRUMENT RECORDED APRIL 17, 1950 IN BOOK 669 AT PAGE 216, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The 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 26th day of November, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, January 14, 2019 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2019. SIGNED by the Mayor on this _______ day of _______________, 2019. ______________________________________ 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: [Type here] ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RECONSIDERATION OF ORDINANCE 1656, SERIES 2018, IMPOSING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF CERTAIN BUILDING PERMITS, AND DECLARING AN EMERGENCY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: Reconsideration of Ordinance 1656, Series 2018 imposing a temporary moratorium on the acceptance, processing and approval of building permits for single family residences within administratively approved subdivisions in the R-1 Zone District. PRIOR ACTION: Council adopted Ordinance 1656 as an emergency ordinance on October 22. At its study session on November 5, Council adopted a consensus to schedule a formal vote to reconsider the ordinance at the November 26 regular meeting. FINANCIAL IMPACT: N/A BACKGROUND: Following adoption of Ordinance 1656 on October 22, staff developed a series of options to address the planning issues raised by the neighbors in the Bellaire subdivision. Council acted by Council Action Form – Reconsideration of Ordinance 1656 November 26, 2018 Page 2 consensus to direct that additional options be developed for the procedure for review and approval of administrative subdivisions. RECOMMENDED MOTIONS: “I move to reconsider Ordinance 1656, an ordinance imposing a temporary moratorium on the acceptance, processing and approval of certain building permits, and declaring an emergency.” If this motion does not pass, the ordinance remains in effect and no further action is required. If the motion does pass, the following motion is appropriate. Or, “I move to postpone indefinitely Ordinance 1656, an ordinance imposing a temporary moratorium on the acceptance, processing and approval of certain building permits and declaring an emergency for the following reason(s) ______________________.” REPORT PREPARED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Ordinance 1656 ATTACHMENT 1 ITEM NO: DATE: November 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ELECT THE MAYOR PRO TEM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: Each year City Councilmembers nominate and elect by a majority vote a Mayor Pro Tem who serves until their successor is elected. The election is conducted according to Section III (B) of the City Council Rules of Order and Procedure as follows: B. MAYOR PRO TEM: 1. At the first or second Regular meeting in November of each year, the Council shall nominate and elect by motion upon a majority vote, a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: • The presiding officer will announce that the floor is open for nominations for the position of Mayor Pro Tem. • Nominations will be taken from City Council members by voice. No second is needed. • Each nominee will have the opportunity to address the Council. • Each Council member will mark the paper ballot with the name of the nominee they wish to vote for and fold the paper in half to ensure secrecy. • The City Clerk will collect the ballots, tally the results, and return the written name of the majority vote receiver to the presiding officer, who will announce the highest vote getter. Council Action Form – Election of Mayor Pro Tem November 26, 2018 Page 2 • In the event of a tie, the Mayor will cast a paper ballot, to be delivered to the City Clerk for inclusion into the election tally. • A motion and second is then in order to elect, the highest vote getter to the position of Mayor Pro Tem. The Council is encouraged to confirm the nomination unanimously; however, Council Members are not required to vote for this person. If the motion is not carried, additional motions are in order until a Mayor Pro Tem is elected by a majority of Council. FINANCIAL IMPACT: None BACKGROUND: Mayor Pro Tem authority and duties include: 1. Presiding over the meetings of Council in the absence of the Mayor 2. Functioning as the Council Parliamentarian and advising the Chair and Councilmembers on Parliamentary rules 3. Reviewing and setting the Council agenda prior to Council meetings 4. Adding emergency items to Council agendas 5. Removing any item from the agenda with the exception of an item placed on the agenda by two Councilmembers or an item added by the Council by majority vote 6. Arranging and coordinating the orientation of all newly-elected officials within two months after the election. RECOMMENDED MOTION: "I move to elect _______________________ as Mayor Pro Tem, effective immediately, term to expire upon election of their successor.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Mayor Pro Tem ballot form City of Wheat Ridge Form Rev.: 11/16 Council Nomination for Mayor Pro Tempore Council Rules, Section III.B.1. Mayor Pro Tem: At the first or second Regular meeting in November of each year, the Council shall nominate and elect by motion upon a majority vote, a Mayor Pro Tem who shall serve until their successor is elected. The Council is encouraged to confirm the nomination unanimously. ______________________________________________________________________________ Write in your vote for Mayor Pro Tem This Council Member vote for Mayor Pro Tempore was made and submitted to the City Clerk on this 26th day of November, 2018. City Clerk: ________________________ ATTACHMENT 1