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HomeMy WebLinkAboutCity Council Agenda Packet 07-08-19AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING July 8, 2019 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 PROCLAMATIONS AND CEREMONIES Chief Dan Brennan Retirement First opportunity for public input on the 2020 Budget APPROVAL OF MINUTES Council Minutes of June 24, 2019 and Study Session notes of May 6, 2019. APPROVAL OF AGENDA 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 GENERALAGENDA 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 for a maximum of 3minutes and sign the STUDY SESSION AGENDA ROSTER. CITY COUNCIL AGENDA: July 8, 2019 Page -2- 1. CONSENT AGENDA a. Motion to award the purchase of and subsequent payment for twenty-five mobile data computer replacements in the amount of $79,000.00 to Malor and Company, Inc. in New York, New York PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution No. 39-2019 – a resolution approving a major subdivision plat with right-of-way dedication for property zoned Planned Residential Development (PRD) and located at 4440 Tabor Street (Case No. WS-18-03 / Clear Creek Terrace) DECISION, RESOLUTIONS AND MOTIONS 3. Motion to ratify Mayoral appointments to the Wheat Ridge Urban Renewal Authority CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 24, 2019 Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Zachary Urban David Kueter Amanda Weaver Leah Dozeman Kristi Davis George Pond Larry Mathews Janeece Hoppe Also present: City Attorney, Gerald Dahl; City Manager, Patrick Goff; Parks and recreation Director, Joyce Manwaring; Community Development Director, Ken Johnstone; Deputy City Clerk, Robin Eaton; other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES Joyce Manwaring Retirement Mayor Starker read the proclamation of appreciation to Joyce Manwaring for her forty years of conscientious and dedicated service to the Citizens and City of Wheat Ridge. Her last position being Director of the Parks and Recreation department, she served as a facilitator of change and modernization that helped to develop our world class parks and facilities. Ms. Manwaring graciously accepted the award from Mayor Starker. She recalled the time from her first award back in Idaho and extolled that it is very gratifying to see the growth and value that’s been placed on the Parks and Recreation profession. It goes hand in hand with the quality of life that the citizens expect from the community. She thanked everyone involved for all of the support that helped to make it happen. Wheat Ridge High School Boys Baseball League Champs Mayor Starker congratulated the Wheat Ridge High School Boys Baseball Team and their Coaches Miller, Dowd, Land and Wright. He recognized them all for their great season and in bringing home the trophy as the 2019 4A Boys JeffCo Baseball League Champions to the City of Wheat Ridge. Their season record was 11-1, beating the City of Golden team 3-0 along with it being the WRHS team’s sixth league championship since 2007. CITIZENS’ RIGHT TO SPEAK City Council Minutes June 24, 2019 page 2 Roxanne Runkel, Kelly Meetz, Michael Cohen, Amy Kingston all spoke about the Clear Creek Crossing development area. With the removal of trees and other amenities, they would like the City to approve a variance to allow an 8 ft. barrier wall. This wall should help to protect the homes, livestock and persons in the area from noise, trespassers along with other issues. It would help their community provide a safe environment to live and the children to play. They would like to invite city council out as a group or individually to take a look at their properties. Bob Brazell is back as he had warned, after once again complaining to the City about his neighbor having an illegal rental. He was told that in fact it is an illegal rental and was apprised that the City is stretched thin and is waiting for guidance from the City council on the issue. He wanted to remind council that there is a zoning ordinance concerning illegal Bed and Breakfast facilities. It’s the cities job to provide these services to the public and zoning laws are meant to be enforced. He wants the city to make enforcement a priority. Carolyn Doran on behalf of Localworks, would like to express their gratitude to the City for the support in helping them put on great events where people came out to have a great time. Special thanks to the WRPD and Sergeant Bobbi Dawkins whose professionalism is amazing. Also to the Public Works Department who was on top of it for anything that was needed. Jennifer Yates gave information on surveys with numbers compiled for nicotine use by youths. The numbers show a high use that come mostly from the use of e-cigarettes. Most underage users are supplied by older peers and hopes to partner with the City of Wheat Ridge to inform and reduce youth nicotine use. APPROVAL OF AGENDA 1. CONSENT AGENDA a. Motion to award a contract and approve subsequent payment of $86,601to Miracle Recreation, of Dallas, Texas, for the Wheat Ridge Recreation Center Playground replacement project, and approve a 10% contingency in the amount of $8,600 b. Motion to award a contract and approve subsequent payments to AV-Tech Electronics, Inc. in an amount not to exceed $135,500 for police vehicle equipment and up-fit installation services with the option to allow up to four additional one-year terms c. Motion to award a contract and approve subsequent payments to Short Elliot Hendrickson, Inc., Denver, CO, in an amount not to exceed $144,150 for City Council Minutes June 24, 2019 page 3 professional services for the design of 52nd Avenue and Ward Road intersection d. Motion to award a contract and approve subsequent payments to Short Elliot Hendrickson, Inc., Denver, CO, in an amount not to exceed $555,877.41 for professional services for the design of a pedestrian bridge, plaza areas, and linear park e. Motion to award a contract and approve subsequent payments to HDR, Inc., Denver, CO, in an amount not to exceed $118,647 for professional services for property/easement acquisition services for pedestrian bridge, plaza areas, and linear park Councilmember Dozeman introduced the Consent Agenda. Motion by Councilmember Dozeman to approve Consent Agenda Items a.), b.), c.), d.), and e.); seconded by Councilmember Urban; motion carried 8-0. PUBLIC HEARING AND ORDINANCES ON SECOND READING 2. Council Bill 09-2019 – An Ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding Municipal Judge services agreement. The City’s Home Rule Charter provides for appointment of the Municipal Court Judge for a term of two years. The current term of Presiding Judge Christopher Randall expires July 1, 2019. Councilmember Kueter introduced Council Bill 09-2018. Deputy City Clerk Eaton assigned Ordinance 1669. Mayor Starker opened the public hearing and swore in the speakers. Staff Presentation Mr. Dahl reminded council that Judge Randall was at the last study session meeting and in doing so it is unnecessary for him to come again tonight. If council had further questions of him here, they would continue action for a later meeting if need be. Judge Randall, being on the bench for 17 years, runs a pretty good court. He is also pretty open to hear and respond to any items from the Council. Public Comment No one came forward to speak. Council Questions There were none City Council Minutes June 24, 2019 page 4 Mayor Starker closed the public hearing. Motion by Councilmember Kueter to approve Council Bill 09-2019, an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding Municipal Judge services agreement on second reading, and that it take effect immediately upon Council adoption, seconded by Councilmember Urban; motion carried 8-0. 3. Council Bill 08-2019 – An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of animal-related facilities (Case No. ZOA-19-01) The purpose of the proposed ordinance is to define “animal daycare facility” and allow it as a special use in the Commercial-One and Commercial-Two zone districts, add supplementary regulations for animal-related facilities (including specifications related to outdoor play yards), and update the definitions and use table for consistency and clarity. Councilmember Hoppe introduced Council Bill 08-2019. Deputy City Clerk Eaton assigned Ordinance 1670. Mayor Starker opened the public hearing and swore in the speakers. Staff Presentation Ken Johnstone reported that City staff discussed this issue with City Council at study sessions on December 17, 2018 and April 15, 2019. At the April study session, Council directed staff to draft a code amendment allowing animal daycares with outdoor play yards as a special use in the C-1 and C-2 zone districts and to consider supplementary regulations. At a public hearing on May 16, 2019, Planning Commission voted to recommend approval of the proposed ordinance. Council approved the ordinance on first reading on June 10, 2019. Summarized are some of the key highlights of the ordinance and the reasoning behind the proposed regulations: • The code amendment proposes to limit the number of animals outside to a maximum of 15 at any given time for animal daycare facilities in the C-1 and C-2 zone districts. o This number is aligned with the State of Colorado’s Pet Animal Care and Facilities Act (PACFA) allowance of one human supervisor for every 15 dogs. o Limiting the number to 15 animals reduces the intensity of the outdoor use area given that C-1 and C-2 zoned properties are often close to residential zoning/uses. In addition, C-1 and C-2 zoned properties are often smaller than agriculturally zoned properties, which require a minimum lot size of one acre to accommodate animal-related uses. City Council Minutes June 24, 2019 page 5 • The code amendment proposes to establish setbacks for outdoor play yards to be at least 20 feet from side and rear property lines where they are adjacent to residentially zoned or used property (for C-1 or C-2 zoned properties). o In A-1 and A-2 zone districts, a 25-foot setback applies between outdoor play yards and adjacent residential zoning or uses. A slightly reduced setback in C-1 and C-2 is proportional with the often smaller lot sizes. o The proposal is consistent with Denver and Lakewood, who also require 20-foot setbacks. • The code amendment proposes to allow overnight boarding as an accessory use in animal daycare facilities (in C-1 or C-2 zone districts), up to 25% of the gross floor area of the structures associated with the animal daycare. o This is to distinguish the daycare use from a kennel, which allows overnight boarding as the primary use. o This code language is consistent with language elsewhere in the code quantifying the extent of an accessory use. A numeric standard provides clarity for business owners. • The code amendment updates definitions and use table listings for animal-related facilities for consistency, clarity, and ability to cross-reference. • The “animal daycare facility” use is also added as a special use in the A-1 and A- 2 zone districts. The intent is to provide clarity and to distinguish it from the “dog kennels, catteries, veterinary hospitals” use • For example, terms used for veterinary hospitals in the use table were updated to match the terms listed under definitions. o The animal daycare facility use is also added as a special use in the A-1 and A-2 zone districts. The intent is to provide clarity and to distinguish it from the “dog kennels, catteries, veterinary hospitals” use. Public Comment Tonya Cardwell, Shannon Kole, Chris Heidrich, Preet Khangura and Julie McLean all were in support of the ordinance and expressed their appreciation for everyone’s help with this item. It’s a great way to help train and socialize dogs as commercial properties are better for them than industrial facilities. Council Questions Councilmember Mathews asked about the limited dawn until dusk policy for outdoor activities. Mr. Johnstone replied that there was an anticipated need while still having indoor day care facilities, with limited kenneling as an accessory use. This policy doesn’t prohibit them from allowing the dogs to go outside after dusk to relieve themselves. Mayor Starker closed the public hearing. City Council Minutes June 24, 2019 page 6 Motion by Councilmember Hoppe to approve Council Bill 08-2019, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of animal-related facilities on second reading, and that it take effect 15 days after final publication, seconded by Councilmember Urban. Discussion continued Councilmember Davis wanted to thank the business owners and staff for working on this item. This was really handled in a respectful manner and it was nice to work with everyone. Motion carried 8 -0 4. Resolution 35-2019 – A Resolution approving a major subdivision plat with right-of-way dedication for property zoned Mixed Use – Neighborhood (MU-N) and located at 10191 W. 38th Avenue (Case No. WS-19-02 / Gemini) The applicant is requesting approval of a major subdivision with right-of-way dedication for an approximately 0.466-acre property located at 10191 W. 38th Avenue. The purpose of this subdivision request is to establish lot lines, easements, and right-of-way dedication for an 8-unit duplex development in the Mixed Use – Neighborhood (MU-N) zone district. Councilmember Pond introduced Council Bill Resolution 35-2019 Mayor Starker opened the public hearing and swore in the speakers. Staff Presentation Mr. Scott Cutler gave notice that the subject property is located on the north side of W. 38th Avenue between Kipling Street and Lena Gulch. It is approximately 0.466 acres and currently contains a single-family home. Entered into the record the case file, zoning ordinance, subdivision regulations, and the digital presentation. He testified that all posting and notification requirements had been met. The site is zoned Mixed Use – Neighborhood (MU-N) which allows multifamily development (including duplexes) up to a density of 21 units per acre. City Council rezoned the property to MU-N in 2015. There are a mix of zone districts and uses in the area. The south side of W. 38th Avenue is zoned Commercial-One (C-1) and includes the Morningstar assisted living facility and Kipling Ridge shopping center. The property to the east is zoned Planned Commercial Development (PCD) and contains a dentist office. Further east, along Kipling Street, the properties are zoned Mixed Use – Commercial (MU-C) and C-1 and contain a Circle K store that is under construction. The property to the west is zoned Residential-One (R-1) and contains a single-family home on a small lot. Across Lena Gulch to the northwest is the Cambridge Park Planned Residential Development City Council Minutes June 24, 2019 page 7 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense Public Comment Jan Rose (WR) lives immediately west of this development property and is the last R-1 in the area. She has no intrinsic objection to the development and believes in property rights. She loves her location but personally does not like the 3 story rectangles houses that are taking over the city. She also has concerns that she shares 140 ft. chain link fence with beautiful chokecherries and old growth lilacs that are going to be torn down. The City needs to realize that trees and habitats have to be preserved. She also has serious concerns about the blocking of her solar panels which she uses and receives revenues from. Council Questions Councilmember Dozeman stated that some of the issues were addressed at the planning commission and asked Mr. Johnstone if anything came from those meetings. Mr. Johnstone stated that the newest appointee Will Kearns opined that the solar access impacts were going to be limited. The City does not have a solar access ordinance, and the proposed height of 32 ft. is typical for MUN zoning as its 35 ft. for all of our residential zoning. There are no special requirements that we could impose for guaranteeing solar panel access, but maybe it’s something the city council can look at down the road. Councilmember Davis asks the property owner about the shape and size of the buildings. Matt Roach has not seen the pictures and doesn’t know what to do with the owner. He doesn’t believe that his buildings will block her solar panels and would be glad to meet with her. He doesn’t know what the cost would be to her or if she would be able to keep the trees as they will probably need to remove some of them. Councilmember Davis asks about the shape of the buildings and if there has been any discussion about the bulk plane. Mr. Johnstone reminded everyone that there is no bulk plane for MUN, only in R-1C. Mr. Roach responded that he has had to change and modify the buildings so they are not all the same. There are bump outs, different windows and architectural changes that won’t be noticed until they are built. City Council Minutes June 24, 2019 page 8 Discussion followed Mayor Starker closed the public hearing. Motion by Councilmember Pond to approve Resolution 35-2019, a resolution approving a major subdivision plat with right-of-way dedication for property zoned Mixed Use – Neighborhood (MU-N) and located at 10191 W. 38th Avenue on second reading, a major subdivision with right-of-way dedication for property located at 10191 W. 38th Avenue and zoned Mixed Use – Neighborhood (MU-N), 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 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. and with the following conditions: 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner’s association covenants for review and approval by staff. seconded by Councilmember Urban; Discussion on the Motion Councilmember Mathews is baffled that we don’t listen, pointing out that there are petitions to reverse earlier density decisions, Lakewood is trying to enact a density restriction, and when is it going to end if council approves this step one. We need to start listening to our people with pro vs cons, and the big money flows in from outside groups. We need to start looking at these developments to see if they are reasonable, and do they fit in with what we envision for the City of Wheat Ridge. Councilmember Hoppe stated that it has not yet been six months since she tried to get a consensus to add bulk plane to all other residential zonings. Not receiving this vote, when the 6 months are over, she will bring it back up for discussions. She is also looking for support on a solar access ordinance to bring to study session. Councilmember Davis appreciates not only Ms. Rose’s coming in tonight for this discussion but her openness and requests in an open manner. She also hopes that Mr. City Council Minutes June 24, 2019 page 9 Roach will respect it as well and that he will try to work with the neighbors as it is very important in a situation like this. Motion carried 7-1 with Councilmember Mathews voting no. 5. Resolution 36-2019 – A Resolution approving a major subdivision with right-of- way dedication for property zoned Mixed Use Commercial (MU-C) located at 4331 Vance Street (Case No. WS-19-03 / Town Center North subdivision filing No. 3) The applicant is requesting approval of a re-subdivision with right-of-way dedication on property zoned Mixed Use-Commercial and located on the south side of West 44th Avenue between Vance Street and Wadsworth Boulevard (4331 Vance Street). The purpose of the proposed plat is to establish a developable lot for multifamily construction as well as dedication of a new public street and publicly accessible (but privately owned) open space. Councilmember Davis introduced Resolution 36-2019 Mayor Starker opened the public hearing and swore in the speakers. Staff Presentation – Stephanie Stevens Ms. Stevens presented the report along with the following information; entered into the record the case file, zoning ordinance, subdivision regulations, and the digital presentation. She testified that all posting and notification requirements had been met. She spoke briefly about the development site on the existing conditions, the proposed plat, and publically accessible open space. Staff is recommending approval as the subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements of the subdivision regulations (Article VII in Chapter 26 of the Municipal Code) and is consistent with the approved Concept Plan. Public Comment No one came forward to speak. Council Questions Councilmember Davis asks the applicant, who is with Wazee partners, if the intention for the units is still going to be for market rates and to seniors. Tyler Downs affirmed that it is going to be either 55 yrs. old and up or 62 yrs. for at least one member of the household. The age determination has yet to be decided. Mayor Starker closed the public hearing. City Council Minutes June 24, 2019 page 10 Motion by Councilmember Davis to approve Resolution 36-2019, a resolution approving a major subdivision with right-of-way dedication for property zoned Mixed Use Commercial (MU-C) located at 4331 Vance Street (Case No. WS-19-03 / Town Center North subdivision filing No. 3) 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 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. 5. The subdivision will facilitate development of the site in compliance with the approved Town Center North Concept Plan. With the following condition: 1. The developer shall enter into a subdivision improvement agreement prior to recordation of the subdivision plat. Seconded by Councilmember Urban; motion carried 8-0 6. Resolution 37-2019 – A Resolution approving the service plan for the Ridgetop Village Metropolitan District City Council is asked to approve the service plan for the Ridgetop Village Metropolitan District, a taxing district to be used to finance certain improvements for a residential development. Service plan approval is the means by which the City oversees the creation of such districts, which are ultimately approved for formation by the district court. Councilmember Urban introduced Resolution 37-2019. Mayor Starker opened the public hearing. Staff Presentation - Patrick Goff introduced Russ Dykstra from Spencer Fane LLP who then briefly re-stated the presentation from the study session on June 3, 2019 concerning the organization and the location to be included; the purpose why these districts are formed for the provision of public improvement, including in this fairly unique case covenant enforcement. He gave an overview of the financing, to include infrastructure and maintenance of the District and how they would be authorized to impose a mill levy on the properties within City Council Minutes June 24, 2019 page 11 the District for the purpose of supporting bonds for construction of improvements and for the purpose of maintaining them. On May 13, 2019, City Council approved a zone change from Residential-Three (R-3) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 4000 to 4066 Upham Street for a 38-unit townhome project. The City received a draft Service Plan for the Ridgetop Metropolitan District on March 26, 2019. The proposed Service Plan describes and sets forth those powers and authorities the District shall have as allowed by Colorado law. The exercise of such powers, however, will at all times be governed by and subject to the terms of a City IGA. State law allows local governments to exert significant control over the organization and operation of special districts. The service plan approval process is the key to exercising that control. Public Comment No one came forward to speak. Council Questions - None Mayor Starker closed the public hearing. Motion by Councilmember Urban to approve Resolution 37-2019, a resolution approving the service plan for the Ridgetop Village Metropolitan District, seconded by Councilmember Weaver; motion carried 7-1 with Councilmember Mathews voting no. 7. Resolution 38-2019 – A Resolution approving a major subdivision with right-of- way dedication for property zoned Planned Mixed Use Development (PMUD) and Planned Commercial Development (PCD) located at the southwest quadrant of Highway 58 and I-70 (Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3) The applicant is requesting approval of a 13-lot subdivision, which includes 3 tracts and right-of-way dedication, on property zoned Planned Mixed Use Development (PMUD) and Planned Commercial Development (PCD). The subject plat is focused on the realignment and re-dedication of the West 40th Avenue and Clear Creek Drive right-of- ways to alleviate conflicts with Denver Water utilities and easements. The purpose of a subdivision plat review is to confirm appropriate lot configuration, access, rights-of-way, easements and utility service to enable future development. Councilmember Weaver introduced Resolution 38-2019 Mayor Starker opened the public hearing and swore in the speakers. Staff Presentation – Stephanie Stevens City Council Minutes June 24, 2019 page 12 Ms. Stevens entered into the record the case file, zoning ordinance, subdivision regulations, and the digital presentation. She testified that all posting and notification requirements had been met. Ms. Steven gave a presentation and described the existing property conditions as the property is mainly undeveloped, with the exception of a portion of the local road network having been built. Included is the proposed plat subdivision document is comprised of twelve pages and establishes thirteen parcels that are oriented towards the dedicated right-of-way for Clear Creek Drive and the dedicated right-of-way for 40th Avenue across 210 acres. The lots range from 3.0 acres to 28.6 acres in size. The need for this replat is based on the relationship between the Clear Creek Drive right-of-way and the Denver Water easement that traverses the site. The proposed reconfiguration of right-of-way to minimize impacts on the Denver Water easement affects the alignment of the intersection at W. 40th Avenue. Lastly that the subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements of the subdivision regulations (Article VII in Chapter 26 of the Municipal Code) and is consistent with the approved ODP. For that reason, staff is recommending approval of the request. Public Comment No one came forward to speak. Council Questions Mayor Starker asked Mr. Goff if this item resolves all of the outstanding issues with Denver Water. Mr. Goff responded that it satisfies most of them and once it is approved, the hook ramp is slated to start within the coming month. He would also like to thank council for their patience as well as staff and Mr. Dahl. It was a huge, complicated undertaking and appreciates everyone’s help in the matter. Mayor Starker closed the public hearing. Motion by Councilmember Weaver to approve Resolution 38-2019, a resolution approving a major subdivision with right-of-way dedication for property zoned Planned Mixed Use Development (PMUD) and Planned Commercial Development (PCD) located at the southwest quadrant of Highway 58 and I-70, 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 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. City Council Minutes June 24, 2019 page 13 4. All agencies can provide services to the property with improvements installed at the developer’s expense. 5. The subdivision will facilitate development of the site in compliance with the approved Outline Development Plan. With the following condition: 1. An updated Title Commitment shall be provided prior to recordation of the plat. Seconded by Councilmember Urban; motion carried 8 -0 CITY MANAGER’S MATTERS Mr. Goff would like to apologize to anyone who showed up for the Anderson park ribbon cutting last Saturday as we tried to get the word out. It was just too wet and soggy in the park. This event has been rescheduled to this Saturday at 10:30 am. CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS Councilmember Dozeman wanted to remind everyone that the Carnation Festival Board is still accepting submissions for festival royalties along with parade and vendor registrations. You can go to thecarnationfestival.com Councilmember Urban wanted to thank Joyce Manwaring for her many years of service and wished her the best of luck in retirement. Councilmember Weaver extended an invitation to the Mayor and City Council to share on a wonderful float that is going to be in the parade. Its name is Goats on a Float. Councilmember Pond also wanted to thank Joyce Manwaring for how hard she has worked for the city. He appreciated the time that he spent on the Park and Recreation commission. Councilmember Hoppe extends her thanks to Joyce as well. Also to Janice Smothers who was the councils support staff for many years, for all of her hard work and efforts. She asked for members to support her on her efforts to look at a solar access ordinance in future study sessions. Both Councilmembers Pond and Weaver responded to the call. Mayor Starker finished by thanking Joyce Manwaring for her years of service to the city. She has always been a great person to work with and is a real professional. He also wished Janice Smothers well in her retirement and thanked her for doing a great job. Congratulations again to the boys WRHS baseball team by bringing home the gold and thanks for coming in tonight. Lastly this Wednesday is bike to work day and we would love to see you riding your bike to work. ADJOURNMENT City Council Minutes June 24, 2019 page 14 The meeting adjourned at 9:02 pm. _____________________________ Robin Eaton, Deputy City Clerk APPROVED BY CITY COUNCIL ON July 8, 2019 ______________________________ Janice Hoppe, Mayor Pro tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing in the City Clerk’s Office, as well as copies of Ordinances and Resolutions. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue May 6, 2019 Mayor Bud Starker called the Study Session to order at 7:00 p.m. Council members present: George Pond, Janeece Hoppe, David Kueter, Zachary Urban, Larry Mathews, and Leah Dozeman Absent: Kristi Davis (excused) Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; Community Development Director, Ken Johnstone; other staff, guests and interested citizens. Citizen Comment John Berry (no address given) doesn’t live here but owns a business in District 4. His concern is the Building Code update which currently doesn’t allow certain types of extraction in WR. Some businesses are grandfathered in and he would like to be able to do that as well. Section 502.20, Extraction of hazardous oil from hash, classifies water based extraction as hazardous, and all other types of extraction are not permitted. He’s been doing business since 2015. Since then the industry has changed mostly to combustible extraction. It’s cheaper and studies show it is safe. Many states and cities now allow combustible extraction. Many companies reformed their safety measures; he’s spoken to them and is willing to invest in the changes that are necessary. This would allow more employees. He currently has 13 employees but could double that; his turnover is very low. It would also allow him to do improvements to the building which is next to Ward Station. The City wants to make his area look better. He has talked to Mr. Johnstone. He asked councilmembers to read the handout he’s provided and consider adopting the changes. Odarka Figlus (WR) is glad Council is talking about affordable housing. She thinks the City needs to work with metro partners. She would like to know the numbers/balance of types of housing – from expensive houses down to rentals. She believes Council should compare to our neighbors – if our percentages are similar or not. She suggested this needs lots of analysis and finds it interesting that a developer is giving the presentation tonight. She thinks it would be good to have someone else come in. She also cautioned Council not to assume people do not want small houses on large lots. There are buyers that want that. Perhaps Wheat Ridge could be on the leading edge of that. She’d like to see the City preserve what we have rather than maximizing units. Rachel Hultin (WR) is excited to see the Council address affordable housing. She dealt with this in a previous career. She feels this is a good time to look at retaining people who are here now. There are a number of programs to assist seniors to stay in their homes. She believes we need to work to keep our people here. STUDY SESSION NOTES: May 6, 2019 Page -2- Ihor Figlus (WR) reminded Council that we don’t have water as a resource. The aquifers are being depleted and we have periodic droughts. He asked council to please consider that when they make decisions on housing and density. With limited resources we don’t want to get in trouble with that down the road. 1. Staff Report(s): a) 2018 Building Code Update ~ Randy Slusser, Chief Building Inspector Ken Johnstone would like to get Council’s approval for the process moving forward. Mr. Slusser is the contract inspector we have through Charles Abbott and Assoc. He said the next steps would be preliminary approval – then advertisement with contractors and developers and meeting with them for input. They anticipate a more comprehensive study session with Council in the future. Discussion followed. • Should have the code adopted in 2019. Don’t anticipate a lot of change; a few minor updates. • When a new one comes out, is there a list of the changes? Yes, they do itemize major changes. • How is grandfathering handled? Existing conditions are grandfathered. Carbon dioxide detectors are required retroactively by the State. • Are inspectors allow to go thru the house and find other things wrong? No, they need to have permission. 2. 2018 Xcel Clean Energy Vision – Preston Gibson, Xcel Energy Our area representative Preston Gibson gave a power point to update Council on Xcel’s efforts to rely more and more on renewable energy and be less carbon based. o He congratulated Wheat Ridge for being one of the first to participate in the solar garden. He said Wheat Ridge is really going above and beyond. o Xcel is headed to carbon free by 2050. o Xcel serves regions in 8 states. Their goals are to lead the clean energy transition, enhance the customer experience, and keep bills low. o Xcel’s carbon vision is to 1) reduce carbon, 2) protect cost and reliability, and 3) advance technology. o In 2018 we had a 38% reduction on carbon; by 2030 we expect 80% reduction and by 2050 be carbon free. o They are increasing renewables on the grid and heading rapidly to that goal. o Xcel is adding massive amounts of battery storage. o He gave some details about how the carbon transition will be achieved. o In some areas coal is gone; in some areas coal is now half. o Their goals align with Paris climate agreement target to limit warming by 2 degrees. Xcel is on the leading edge investing in wind and solar. • Challenges for 100% renewables: include 1) costs, 2) overbuilding the grid capacity as much as 8x peak is required, and 3) no great solution now to use and store surplus renewable energy. . STUDY SESSION NOTES: May 6, 2019 Page -3- • 2050 Aspiration depends on 24/7 carbon-free technology: Examples include:  Natural gas with carbon capture and storage  Deep rock geothermal  Power to gas  Advanced nuclear  Seasonal storage  Other • He went through the customer based choices that will help the process. • Advanced grid intelligence and security are key components. • Currently have 150 programs that have allowed them to avoid building 20 power plants. • They are working on strategic electrification (electric cars). • In CO our energy bills are 30% lower than the national average. Discussion followed: Councilmember Mathews read from a number of articles that challenge Xcel’s numbers as related to profit, cost effectiveness and promises of economic development. Their number are self-serving, unreliable and not accurate. • Closing Comanche Units 1&2 that run fine and produce 700 megawatts of power, and replacing them with several facilities that generate 2400 megawatts. • This would cost $2.5B and generate $250M in profit for whoever builds them. • Xcel also builds new power facilities and will build 50-75% of the new facilities. This guarantees $125M in extra profits for Xcel. • 10 years ago Xcel invested $90M in new clean emissions equipment to make the Comanche units among the most environmentally friendly in the world. Now will tear them down 10 yrs early in favor of renewables. Data on savings will come in 2046. • New power plants only last 20 years instead of 50 (for the current ones), and then must be replaced. • There is an opinion out there that Xcel is being enriched by PUC at expense of ratepayers. • Since sun doesn’t always shine and wind doesn’t always blow, PUC approved Xcel to build 3½ times more power plant space to guarantee the same amount of consistent power, i.e. closing 660 megawatts of low cost reliable power and replacing it with 202,400 megawatts of inconsistent wind and solar. Mayor Starker advised that questions were necessary to allow for back-and-forth dialog. Councilmember Mathews wanted to present his side so there could be debate. Mayor Starker suggested Councilmember Mathews put together a presentation that could be scheduled for another study session. Councilmember Dozeman said the goals are good, but what is the cost? Mr. Gibson said their commitment is to create this energy at a cost that doesn’t raise rates. If rates go up, they will not raise them more than the consumer price index. • Yes, Xcel is closing two turbines at Comanche early, but they were going to close anyway. Xcel has worked closely with Pueblo elected officials and committed to creating jobs for those workers that will lose their jobs. STUDY SESSION NOTES: May 6, 2019 Page -4- • He understands not everyone agrees with Xcel, but most of their customers want them to move in this direction. • Xcel is a regulated monopoly. Any profit they make, if there is any, is controlled by the PUC. Mr. Gibson and Councilmember Mathews exchanged opinions on plant closure. o Xcel does get paid to decommission plants. o The bids for renewables were so low last year that Xcel has been able to retire coal fired plants early. The cost of coal is down a third; wind is down 25%. o Average bill in Colorado has gone down. Councilmember Hoppe is happy with the solar panel she just added to her home. She does recommend better customer service getting the system online once the panels are installed. That took a long time. Councilmember Mathews asked if wind and solar are subsidized by the federal government. Mr. Gibson acknowledged there are federal tax incentives. Councilmember Urban received the following answers. o The technology necessary to store electricity long enough for it to be economical does not yet exist. o Mr. Gibson wasn’t sure if the Clean Air Act helps or hinders carbon sequestration. o Use of electricity per person is going down. Is offset by expanded customer base. o Technology isn’t there yet to provide power when there are extended periods of no wind and no sun. Councilmember Mathews received the following answers. o When the wind stops Xcel can power up to natural gas fairly quickly; coal takes a little longer. Seven day wind forecasts are helpful to provide seamless transition. o The base is natural gas. They are pulling back on coal. Councilmember Dozeman pursued the topic of cost for infrastructure to get on a renewable energy grid vs the environmental benefit. • Numbers for cost of infrastructure were not available. • As far as how much this would impact the global temperature, Mr. Gibson said what they are accomplishing is meeting the target of no more than 2 degrees centigrade increase from pre-industrial levels. No consensus was necessary. 3. Affordable Housing – Shannon Cox Baker, Urban Ventures, LLC (VP of Development) Ms. Baxter gave a power point presentation that addressed the following: • Who needs affordable housing? • Why do we need affordable housing? Vacancy rates down, prices going up • Highest categories of poverty categories = women, and persons age 18-34. STUDY SESSION NOTES: May 6, 2019 Page -5- • Rental price choices are diversified in WR (Denver skews to high end rent) • 33% of WR’s population is 65+ years old. WR does have a good amount of senior low income restricted housing. • WR incomes are on the rise. • Government role in affordable housing o Local governments have lots of opportunities to leverage. Zoning laws run counter to affordable housing. Councils can work on that. o Lots of state and federal funding is available. o Barriers include land costs, construction costs, entitlement risk, competitive and limited sources of equity financing and NIMBYism. • A large list of partners for affordable housing. (Housing Authorities are helpful.) • She showed some examples of her company’s projects in Denver that have income restricted. • It takes a lot of subsidy to build single family affordable housing. • She presented a list of things Council could do to support affordable housing o Preserve what affordability exists (land trusts model, covenants) o Establish partnerships o Create a strategic plan o Reduce land basis: sell, lease land and buildings at low/no cost o Create incentives: expedited approvals, density bonuses, fee waivers o Provide political support o Increase funding accessibility. o Advocate for affordable housing Councilmembers Mathews and Urban had a few questions. No consensus was taken. Mayor Starker declared a break at 8:28pm. The study session resumed at 8:40 4. Amended and Restated Service Plan for Ward TOD Metropolitan District ~ Megan Murphy, from the law firm of Following an introduction by Mr. Goff, Ms. Murphy discussed the proposed service plan. • The current plan is based on the previous development plan. • The development that is going to be built is much smaller. • The Tole Brothers is working with RTD to remove their parking from the plan. • The current service plan is for 50 mils. They are proposing 60 mills, but it is doubtful that will ever be needed. • The Service Plan is needed for the development to proceed. • Benefits of approving the amended plan are: o The City will not be obligated for debt issued by the District to fund public improvements. o The District will be providing public improvements where no other public entity is willing or able to do so. o The land has remained undeveloped for some time. The Amended Service Plan along with the other land development approvals for The Ridge at Ward Station are necessary to begin development. STUDY SESSION NOTES: May 6, 2019 Page -6- Questions and discussion followed. There was unanimous consent to move this forward for next week’s Council meeting. 5. Elected Officials’ Report(s) Clerk Shaver announced that some 15 individual reports on various aspects of the Wadsworth widening are set up at a table in the Clerk’s office. There are also two large notebooks with the EAS (Environmental Assessment) report and the Historic Properties report. Diagrams and other information is available. The public is invited to come and look at the information and they are very welcome to leave comments. Mr. Goff added that there will be a public meeting on the Wadsworth EAS on May 22 from 5-8 pm at City Hall. There will be presentations at 5:30 and 7:00. Leah Dozeman announced there will be a public meeting tomorrow night about Wadsworth at the Grange hosted by the WR Chamber of Commerce. It will include a panel discussion and goes from 7:00 – 9pm. Everyone is welcome. Amanda Weaver thanked the City for the exciting festivities opening the G Line. Mayor Starker reported the G Line is open and running. There was a great opening. He believes this will be a great addition to the city. ~ He also thanked the WRHS Stem Team for the Gala they had this past Saturday. He attended, as did some of the councilmembers. He said the STEM program at WR High School is second to none. Larry Mathews asked about some resumed whistle testing for the G Line. Mr. Goff said according to the information he has from RTD it should have been completed by May 4. He suggested that if there is any additional testing on Thursday and Friday nights from midnight to 4am it should be temporary. ADJOURNMENT The Study Session adjourned at 8:59. pm. APPROVED BY CITY COUNCIL ON June 10, 2019 ____ Janelle Shaver, City Clerk ________ Janeece Hoppe, Mayor Pro Tem DATE: July 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: FIRST OPPORTUNITY FOR PUBLIC INPUT ON THE 2020 BUDGET PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Administrative Services Director City Manager ISSUE: Development of the 2020 budget is underway. An important phase of this process is inviting the public to provide input to City Council prior to the presentation of the 2020 proposed budget. This public input opportunity is the first of two; the second opportunity for public input will be during the regular City Council meeting on Monday, August 12, 2019. PRIOR ACTION: No prior action was necessary on this item. FINANCIAL IMPACT: There is no financial impact on this item. BACKGROUND: Each year, the City invites the public to provide input on the budget prior to the budget being presented to City Council. This community engagement practice is in line with best practices used by local governments across the country and endorsed by the Government Finance Officers’ Association (GFOA). Staff includes a summary of all feedback received from these public input meetings in the presentation of the proposed budget to City Council. First Public Input Opportunity on the 2020 Budget July 8, 2019 Page 2 The 2020 Budget is scheduled to be presented to the Mayor and City Council on Monday, September 16, 2019. Following review and direction from City Council, the public hearing and adoption of the proposed 2020 Budget is scheduled for Monday, October 14, 2019. The proposed budget will be available online on the City website prior to the September 16 meeting. A copy of the proposed budget will also be available in the City Clerk’s Office for review. The public is invited to provide input on the proposed 2020 Budget at the September 16 and October 14 meetings in addition to the two scheduled public input opportunities. RECOMMENDATIONS: No recommendation on this item is necessary. RECOMMENDED MOTION: No formal action by City Council is necessary at this time. REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ITEM NO: DATE: July 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD THE PURCHASE OF AND SUBSEQUENT PAYMENT FOR TWENTY-FIVE MOBILE DATA COMPUTER REPLACEMENTS IN THE AMOUNT OF $79,000.00 TO MALOR AND COMPANY, INC. IN NEW YORK, NEW YORK PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: The annual scheduled replacement of Patrol Vehicle Mobile Data Computers (MDC). In 2019 the IT Division budgeted $81,000. PRIOR ACTION: Council Approved in 2017; none purchased in 2018. FINANCIAL IMPACT: $81,000 is currently approved in the 2019 IT Budget. BACKGROUND: In July of 2019 four bids were received of RFB-19-14. The apparent lowest qualified bidder was selected (Malor & Company, Inc.) in the amount of $79,000.00. The City currently has thirty-five patrol vehicles and each has a Mobile Data Computer (MDC) that are all linked to the Police Department via a secured wireless connection. These computers allow the patrol officers to stay in the field longer, gather data, and fill out their reports without having to drive back to the station. With the reliance on technology, the MDC needs to be reliable 1 Council Action Form – Patrol Vehicle Mobile Data Computers July 8, 2019 Page 2 and stay current with standard technologies. This MDC upgrade is an implementation that is required to provide reliability and speed of computing to the officers in the field. Depending on the condition of the equipment, older gear is more susceptible to connectivity and hardware issues that cause the loss of productivity. To prevent additional staff time and effort, the upgrade and replacement allows for more current technology and for IT to optimize performance and reliability of the fleet. The last 15 MDCs for the Patrol fleet were purchased in 2016/2017. We budget to replace the whole fleet every three years because of the lifespan of the computers and the amount of wear and tear on gear in a 24 hour environment. RECOMMENDATIONS: Staff recommends the procurement of and subsequent payment for the replacement Mobile Data Computers in the amount of $79,000.00. This will improve the availability and reliability of the computers for our 35 patrol vehicles. This is part of the Information Technology plan to provide better service for the Police Department. These funds are budgeted in the 2019 budget for $81,000. RECOMMENDED MOTION: “I move to approve the award of the purchase of and subsequent payment for twenty-five mobile data computer replacements to Malor & Company, Inc. in the amount of $79,000.00 for the annual scheduled Mobile Data Computer replacement. Or, “I move to deny the award of the purchase of twenty-five mobile data computer replacements to Malor & Company, Inc. for the annual scheduled Mobile Data Computer replacement. REPORT PREPARED/REVIEWED BY: Jennifer Nellis, Purchasing & Contracting Agent Michael Steinke, IT Manager Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tab Sheet AT T A C H M E N T 1 ITEM NO: DATE: July 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 39-2019 – A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND LOCATED AT 4440 TABOR STREET (CASE NO. WS-18-03 / CLEAR CREEK TERRACE) 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 major subdivision with right-of-way dedication for an approximately 2.09-acre property located at 4440 Tabor Street. The purpose of this subdivision request is to establish lot lines, tracts, easements, and right-of-way dedication for a 26-unit townhome development in the Planned Residential Development (PRD) zone district. PRIOR ACTION: Planning Commission heard the request at a public hearing on June 20, 2019 and recommended approval of the major subdivision for the following reasons: 1.All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at thedeveloper’s expense3. The plat will result in a logical layout consistent with the future development proposed bythe specific development plan and will facilitate development consistent with the approved outline development plan. 2 Council Action Form – 4440 Tabor Street Subdivision July 8, 2019 Page 2 Attached is a copy of the Planning Commission staff report, which provides a detailed description of the application and the plat document. Draft meeting minutes from the June 20, 2019 public hearing are also attached. FINANCIAL IMPACT: Fees in the amount of $1,770 were collected for the review and processing of Case No. WS-18-03. Fees in lieu of parkland dedication in the amount of $64,929.54 will be due prior to issuance of building permits. Permit fees and use tax will be paid for each building permit and for all site work and right-of-way permits. BACKGROUND: The subject property is located in western Wheat Ridge, mid-block on the east side of Tabor Street between W. 44th Avenue and W. 46th Avenue. It is approximately 2.09 acres in size, is currently vacant, and is L-shaped. The site is zoned Planned Residential Development (PRD). City Council approved the rezoning of the property to PRD on April 8, 2019. Planning Commission approved a Specific Development Plan (SDP) for this property on June 20, 2019 (Case No. WZ-18-19), which complies with the Outline Development Plan standards approved by City Council in April. The property is surrounded by a variety of zoning designations and land uses. Across Tabor Street to the west are properties zoned Planned Commercial Development (PCD), Mixed Use – Neighborhood (MU-N) and Commercial-One (C-1) which contain a variety of commercial, light industrial, and residential uses. The property to the south (4430 Tabor Street) is zoned Residential-One (R-1) and contains a single-family home. The other properties to the south are zoned Residential-Three (R-3) and contain four apartment buildings with a total of 24 units. Properties to the north and northeast contain a mix of single-family homes, duplexes, and triplexes with a mix of Residential-Two (R-2), R-3, and Agricultural-One (A-1) zoning. The property to the southeast is zoned Residential-Three (R-3) and is currently vacant but under consideration for a townhome development under Case No. WS-19-01 (Riverside Terrace). Key components of the subdivision are described below. The plat document and additional detail are included in the attached Planning Commission staff report. The purpose of a subdivision plat is not to review specific site plan or architectural details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning. Planning Commission has already approved the site plan for this property as part of the SDP approval. Proposed Plat The proposed subdivision document is comprised of four pages and establishes 26 townhome lots across 5 buildings. Each lot is approximately 1,400 to 1,500 square feet, functioning as townhome lots, including private patio space, the dwelling unit, and a garage. The lots are organized on the Council Action Form – 4440 Tabor Street Subdivision July 8, 2019 Page 3 north and south of a central drive provided in Tract B, which also includes the alleys for the buildings. Open space is provided in Tract A and Tract C, and the drainage area is accommodated in Tract D. Several easements are created by this plat to allow adequate infrastructure and access, including utilities, drainage, and emergency access easements. Required Agreements The applicant is responsible for installing a 6-foot wide detached sidewalk and 6-foot amenity zone along the Tabor Street frontage, with a 5-foot right-of-way dedication making this possible. Pavement is also being added to the substandard street to allow for a future 4-foot bike lane and a center turn lane. The applicant is also responsible for all on-site improvements including the drainage system, utilities, driveway, and landscaping. These obligations will ultimately be memorialized in a Subdivision Improvement Agreement (SIA) between the City and developer. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to the completion of public improvements. A condition of approval is included to this effect. RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements of the subdivision regulations (Article VII in Chapter 26 of the Municipal Code) and is consistent with the development standards and requirements from the approved outline development plan. For that reason, staff is recommending approval of the request. RECOMMENDED MOTION: “I move to approve Resolution No. 39-2019, a resolution approving a major subdivision with right-of-way dedication for property located at 4440 Tabor Street and zoned Planned Residential Development (PRD) 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 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. and with the following conditions: 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner’s association covenants for review and approval by staff. Council Action Form – 4440 Tabor Street Subdivision July 8, 2019 Page 4 Or, “I move to deny Resolution No. 39-2019, a resolution approving a major subdivision with right-of-way dedication for property located at 4440 Tabor Street and zoned Planned Residential Development (PRD), for the following reasons: 1. 2. 3. ” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 39-2019 2. Planning Commission Staff Report with Plat Document 3. Planning Commission Draft Meeting Minutes ATTACHMENT 1 CITY OF WHEAT RIDGE RESOLUTION NO. 39 Series of 2019 TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND LOCATED AT 4440 TABOR STREET (CASE NO. WS-18-03 / CLEAR CREEK TERRACE) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of subdivision plats; and, WHEREAS, an application for a subdivision plat with right-of-way dedication was received from Creekside Homes to subdivide property for a 26-lot townhome development located at 4440 Tabor Street in the Planned Residential Development (PRD) zone district; and, WHEREAS, all referral agencies have reviewed the request and can serve the property; and, WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: A MAJOR SUBDIVISION PLAT WITH RIGHT OF WAY DEDICATION FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) LOCATED AT 4440 TABOR STREET IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. And, with the following conditions: 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowners’ association covenants for review and approval by staff. DONE AND RESOLVED by the City Council this 8th day of July, 2019. ____________________________ Bud Starker, Mayor ATTEST: _____________________ Janelle Shaver, City Clerk Planning Commission 1Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP and Plat CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: June 20, 2019 CASE MANAGER: Scott Cutler CASE NO. & NAME: WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP and Plat ACTION REQUESTED: Approval of a Specific Development Plan and major subdivision with right-of-way dedication on property zoned Planned Residential Development (PRD) for the construction of 26 townhomes. LOCATION OF REQUEST: 4440 Tabor Street APPLICANT/OWNER (S): Six Oak Limited Partnership APPROXIMATE AREA: 2.09 Acres PRESENT ZONING: Planned Residential Development (PRD) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN(X) ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I.REQUEST Case No. WZ-18-19 is an application for approval of a Specific Development Plan (SDP) on property at 4440 Tabor Street and zoned Planned Residential Development (PRD). The purpose of the request is to facilitate the development of 26 townhomes on the site. Planned developments in Wheat Ridge involve a two-step process. The first step is the Outline Development Plan (ODP), which for this property was approved by City Council on April 8, 2019. The approval of the ODP changed the zoning designation on the land, established allowed uses and development standards for the property, and established access configurations for vehicles, pedestrians, and bicycles. The second step in the process is the Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design. The SDP must be found to be compliant with the ODP in order to be approved. Pursuant to Section 26-302 of the Municipal Code, the applicant chose a two-step approval process, completing the ODP process in its entirety before proceeding to public hearings for the SDP. When this two-step process is broken apart, the ODP document requires public hearings before the Planning Commission and City Council, with the City Council being the final deciding body. The SDP application must be heard at a public hearing before the Planning Commission, who is the final deciding body for SDP approval. Accompanying the request for approval of the SDP is Case No. WS-18-03, a request for approval of a major subdivision plat (26 lots and 4 tracts) with right-of-way dedication. Subdivisions must accompany the SDP through the review process to ensure the plat aligns with the proposed SDP. This requires Planning Commission to make a recommendation to City Council who is the final authority for approval. II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located in western Wheat Ridge, mid-block on the east side of Tabor Street between W. 44th Avenue and W. 46th Avenue. The property is approximately 2.09 acres in size, is currently vacant, and has an “L” shape (Exhibit 1, Aerial). As noted above, the City Council approved the rezoning of the property to Planned Residential Development (PRD) on April 8, 2019. The City’s zoning maps have not been updated to make this change as of the date of this report. The property is surrounded by a variety of zoning designations and land uses (Exhibit 2, Zoning Map). Across Tabor Street to the west are properties zoned Planned Commercial Development (PCD), Mixed Use – Neighborhood (MU-N) and Commercial-One (C-1) which contain a variety of commercial, light industrial, and residential uses. The property to the south (4430 Tabor Street) is zoned Residential-One (R-1) and contains a single-family home. The other properties to the south are zoned Residential-Three (R-3) and contain four apartment buildings with a total of 24 units. Properties to the north and northeast contain a mix of single-family homes, duplexes, and triplexes with a mix of Residential-Two (R-2), R-3, and Agricultural-One (A-1) zoning. The Planning Commission 3Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP property to the southeast is zoned Residential-Three (R-3) and is currently vacant but under consideration for a townhome development under Case No. WS-19-01 (Riverside Terrace). III. SPECIFIC DEVELOPMENT PLAN Attached is a copy of the proposed Specific Development Plan (SDP), which includes 11 sheets regarding site design, building design, and landscaping (Exhibit 3, Specific Development Plan). In addition to the standard certification and signature blocks, the site data table confirms that the SDP complies with the development standards provided by the ODP. Key components of the site design are described below. Site Design Page 3 of the SDP shows the site plan. The L-shaped site is proposed to have a total of 26 units, with 18 on the northern portion and 8 on the southern portion. The units will gain access from a private drive that extends east from Tabor Street. Access to all of the units is from alleys that extend off the main drive and provide direct access to two-car, detached garages. Front doors face Tabor Street, the interior street, or open space. Front patio areas are included for each unit. The site is proposed to connect to the adjacent development under consideration to the southeast at 11661 W. 44th Avenue, with both vehicular and pedestrian connections. Architecture The buildings comply with the requirements of the Architectural and Site Design Manual (ASDM) for multi-family development (Section 4.3). The townhome buildings are proposed to be two stories with large front patios comprised of a variety of materials, including brick, brick veneer, wood/lap siding, hard coat stucco, and composition shingles. Building Height The maximum height permitted by the ODP is 30 feet with a two-story limit. Each building will be under the maximum allowed height of 30 feet. Landscaping The aggregate open space minimum for the development is 30%, and 30% is being provided as part of the proposed SDP. Larger areas of open space are provided on the north side of the development to act as a buffer between the development and properties to the north; this area includes a dog walking path and landscaping. A landscaped pedestrian paseo is provided between the eastern two 6-plexes. A 20-foot landscape buffer is also provided on the west side of the “L” to buffer the southern units from the 4430 Tabor Street property to the west. A larger open space tract with a pavilion, raised planters, and a grill is provided in the southeast corner of the development. Access and Streetscape Access into the site is from an entrance off of Tabor Street. Tabor Street is currently considered substandard by the City’s street standards, so a 5-foot right-of-way dedication is required, which will be explained further in the subdivision section below. The developer is required to install a detached sidewalk and provide street trees. A vehicular and pedestrian connection is also proposed with the property to the southeast. Further information is provided in the “Traffic Information” section below. Planning Commission 4 Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP Parking The ODP requires that every townhome has a two-car garage. The SDP complies with this requirement. Fourteen (14) additional parking spaces are provided as guest parking, in the form of parallel parking along the primary access drive, and in a small parking lot at the southeast corner of the site. Drainage Drainage is accommodated in a porous landscape detention (PLD) area its own tract along the east side of the site, which also acts as a buffer between the subject property and the adjacent development to the east. The site generally slopes from west to east which is why the PLD is positioned in its location. Traffic Information At the Planning Commission’s request per the June 6 regular meeting, a trip generation analysis was performed for the subject property as well as the adjacent parcel at 11661 W. 44th Avenue since the projects are proposed to connect. The trip generation analysis is attached (Exhibit 5) and reflects an estimated maximum of 16 total trips during the peak hour (1 trip every 3.75 minutes) for the combined development, which would further be split up amongst the two entrances. CDOT standards require left turn lanes when there are 25 vehicles per hour or greater entering a site at one entrance, and right turn lanes when there are 50 vehicles per hour entering a site at one entrance. Based on the number of peak hour trips generated by both developments, no further traffic analysis is necessary and turn lanes are not warranted. The trip generation analysis also provides an exhibit showing how the two sites interface, including the vehicular and pedestrian connection. Public Works concurs with the assumptions of the trip generation analysis provided and a summary is provided in Exhibit 5. IV. SPECIFIC DEVELOPMENT PLAN CRITERIA Criteria for the review of SDP documents is provided in Section 26-305.D. Staff has provided analysis of these criteria below. Planning Commission shall base its decision in consideration of the extent to which the criteria have been met. 1. The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of the zoning and development code. The purpose of utilizing planned development zoning is to provide flexibility while accommodating well-designed, innovative developments that demonstrate efficient use of land and may not be feasible under a standard zone district. The SDP achieves these goals and proposes townhomes with an emphasis on enhanced two-story architecture. Staff has concluded that the SDP is consistent with these goals by adding to the diversity of housing types in Wheat Ridge and creating a unified development. Staff concludes that this criterion has been met. 2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan The SDP is consistent with the intent and character statements of the outline development plan by encouraging pedestrian connectivity and interaction with surrounding neighborhoods, while providing an appropriate transition between surrounding residential and commercial uses. Planning Commission 5 Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP Staff concludes that this criterion has been met. 3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan. The proposed uses in the SDP are identical to those of the outline development plan. Single-family attached (townhomes) are permitted as well as accessory uses such as home occupations and keeping of household pets. RV, boat, and utility vehicle storage is not allowed. Staff concludes that this criterion has been met. 4. The site is appropriately designed and it consistent with the development guidelines established in the outline development plan. The SDP is consistent with the development guidelines of the outline development plan in all respects including height, density, setbacks, parking, landscaping, fencing, and building design. Staff concludes that this criterion has been met. 5. Adequate infrastructure/facilities are available to serve the subject property, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property with improvements installed at the developers’ expense. Staff concludes that this criterion has been met. 6. The proposed specific development plan is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual, Streetscape Design Manual, and other applicable design standards. The proposed SDP is in conformance with the design standards established in the ODP. Improvements will be made to the section of Tabor Street adjacent to the development in compliance with the Streetscape Design Manual. Staff concludes that this criterion has been met. Staff concludes that the criteria used to evaluate the SDP supports the request. V. PROPOSED SUBDIVISION PLAT Plat Document The proposed plat document consists of four pages (Exhibit 4). The cover page includes a legal description of the property; signature blocks for the owners, City, surveyor, and County; standard declarations and notes; easement notes; and a lot data table. The subsequent pages contain the lot layout and location of various easements. Lot Configuration Planning Commission 6 Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP The lot configuration corresponds to the proposed development pattern in the SDP and ODP allowing for 26 townhome lots across five buildings (three 6-plexes and two 4-plexes). Each lot is approximately 1,400 to 1,500 square feet and they will function as townhome lots. The lots are organized on the north and west south of a central drive provided in Tract B, which also includes the alleys for all of the buildings. Open space is provided in Tract A and Tract C, and the drainage area is accommodated in Tract D. Public Improvements & Right-of-Way Dedication When new properties are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway design standards. Five (5) feet of right-of- way is being dedicated along the Tabor Street frontage to add pavement to the substandard street to allow for a 4-foot bike lane, curb, gutter, a 6-foot landscaped amenity zone, and a 6-foot detached sidewalk. This section of Tabor Street calls for a center turn lane to be added, and this project will add the pavement necessary for its future construction along its section. Easements Several easements are created by this plat to allow adequate infrastructure and access. These include the following: • 5-foot utility easements for Xcel (some existing 5-foot easements will remain) • 25-foot utility easement for Fruitdale Sanitation district under the central drive, and a 20-foot utility easement for the southern group of lots • Access easements over all of the alleyways and drives (width varies, typically 26 feet) • 30-foot non-exclusive water easement for Valley Water utilities Parkland Dedication The subdivision regulations include a parkland dedication requirement for all residential subdivisions based on the assumption that additional residents in the City will impact the demand for parks and open space. When land is not dedicated for a public park, a fee is required in lieu. Per code and Council Resolution, the fee is $2,497.29 per unit to be paid at recordation, or a total of $64,929.54 for this development. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works: No concerns with the SDP. The civil construction plans are under review and must be approved prior to application for building permit. Arvada Fire Protection District: No comments or concerns; access is sufficient. Valley Water District: Can serve the property with improvements installed at the developer’s expense. Fruitdale Sanitation District: Can serve the property with improvements installed at the developer’s expense. Xcel Energy: No objections. Utility coordination is ongoing. Planning Commission 7 Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP Century Link: No objections. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that Specific Development Plan is consistent with the planned development regulations, with the goals and policies of the City’s guiding documents, and with the Clear Creek Terrace ODP. Because the requirements for an SDP have been met and the review criteria support the SDP, a recommendation for approval is given. Additionally, staff concludes that the proposed subdivision plat results in a logical layout consistent with the future development proposed by the SDP. Staff further concludes that the subdivision plat complies with the standards in Article IV of the City Code (subdivision regulations) and that all utility agencies can serve the property with improvements installed at the developer’s expense. Staff recommends approval of the subdivision plat with the conditions listed below. VIII. SUGGESTED MOTIONS – SPECIFIC DEVELOPMENT PLAN Option A: “I move to recommend APPROVAL of Case No. WZ-18-19, a request for approval of a Specific Development Plan on property located at 4440 Tabor Street and zoned Planned Residential Development (PRD), 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 City Code. 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. 4. All responding agencies have indicated they can serve the property with improvements installed at the developer’s expense. 5. The specific development plan is in substantial compliance with the applicable standards set forth in the outline development plan and with the City’s adopted codes and policies. Option B: “I move to recommend DENIAL of Case No. WZ-18-19, a request for approval of a Specific Development Plan on property located at 4440 Tabor Street and zoned Planned Residential Development (PRD), for the following reasons: 1. 2. 3. …” IX. SUGGESTED MOTIONS – SUBDIVISION Option A: “I move to recommend APPROVAL of Case No. WS-18-03, a request for approval of a major subdivision with right-of-way dedication for property zoned Planned Residential Development (PRD) located at 4440 Tabor Street for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer’s expense. Planning Commission 8 Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP 2. The plat will result in a logical layout consistent with the future development proposed by the specific development plan and will facilitate development consistent with the approved outline development plan. 3. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. With the following conditions: 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and lot sale restriction covenant agreement prior to the recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner’s association covenants for review and approval by staff. Option B: “I move to recommend DENIAL of Case No. WS-18-03, a request for approval of a major subdivision for property zoned Planned Residential Development (PRD) located at 4440 Tabor Street for the following reasons: 1. … 2. … 3. …” Planning Commission 9 Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP EXHIBIT 1: AERIAL Planning Commission 10 Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP Note: The City’s zoning map indicates the subject property as being zoned A-1. The City Council voted to approve the rezoning of the subject property on April 8, 2019 to Planned Residential Development (PRD). EXHIBIT 2: ZONING MAP Planning Commission 11 Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP Attached as an 11x17 document on the following page. EXHIBIT 3: SPECIFIC DEVELOPMENT PLAN Planning Commission 12 Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP Attached as an 11x17 document on the following page. EXHIBIT 4: SUBDIVISION PLAT Planning Commission 13 Case Nos. WZ-18-19 & WS-18-03 / Clear Creek Terrace SDP A summary of the trip generation report is below, prepared by Public Works. The applicant’s full report is attached as a document on the following page. Using the CDOT criteria for an NR-B roadway, which is what 44th is classified as, there needs to be the following vehicular entrance rates at one specific entrance before a turn lane is warranted: •Left-turn lane: 25 vehicles per hour •Right-turn lane: 50 vehicles per hour Keep in mind, these rates are applicable to vehicles entering at one specific entrance and not the total number of vehicles entering the site (which could be through multiple entrances). For Clear Creek Terrace, we looked at the ITE trip generation manual to determine the total number of vehicles entering and exiting the site. The following table identifies the total daily trips, total peak hour trips, and vehicles entering and exiting during the peak hour: As the table indicates, the PM peak hour has the most vehicles entering the site at 16 vehicles per hour. This number represents the total number of vehicles entering the site; however, the site has 2 entrances, so these trips would be split up amongst the 2 entrances. Even if we assume every single vehicle uses the 44th Ave entrance, we’d have a peak traffic volume of 16 vehicles entering during the busiest time of the day. This traffic volume fails to meet the criteria of 25 vehicles/hour for consideration of a left-turn lane. Furthermore, since there are 2 entrances, the actual traffic volume at the 44th Ave entrance is more likely about 8 – 10 vehicles per hour, so the volume is well under the threshold required for consideration of a supplemental turn lane. Therefore, Public Works would not recommend supplemental turn lanes for this project. Jordan Jefferies, PE Civil Engineer Public Works 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2868 Fax: 303-234-2824 www.ci.wheatridge.co.us EXHIBIT 5: TRIP GENERATION Planning Commission Minutes -2 – June 20, 2019 Terry Railton, Business Owner 4615 Simms St, Wheat Ridge Mr. Railton is concerned about the congestion at 44th Avenue and would like to see a traffic light installed at 44th Avenue and Tabor Street. 7.PUBLIC HEARING A.Case Nos. WZ-18-19 & WS-18-03: two applications filed by Creekside Homes for approval of a Specific Development Plan and major subdivision with right-of-way dedication on property zoned Planned Residential Development (PRD) for the construction of 26 townhomes located at 4440 Tabor Street. Mr. Cutler gave a short presentation regarding the Specific Development Plan, major subdivision with right-of-way (ROW) dedication and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner VOS wanted more information on the 4 foot bike lane that will be on Tabor Street. Mr. Jeffries and Ms. Mikulak explained the bike lane dedication will be on the east side and will allow for a future widening of Tabor so that this segment of the road could eventually mirror the segment north of the frontage road which has a bike lane on both sides. In the short term, there would not be a bike lane only in front of the subject property. Commissioner KERNS asked if the City charges a traffic impact fee for future traffic lights. Mr. Cutler said no and Mr. Jeffries added that due to developments in the area traffic counts can be done at a future date, but this particular development will have a negligible impact on Tabor Street and 44th Avenue. Ms. Mikulak added that adoption of traffic impact fees is a policy question for City Council members. Commissioner OHM asked if the City has a minimum separation from trees to waterline. He also wondered who is responsible if the tree roots break a water line. Ms. Mikulak explained that the water district would set the requirement, but most of the waterlines are not under the Streetscape; they are in the road or under the sidewalk. She added that the developer is responsible for all the maintenance of the landscaping. ATTACHMENT 3 Planning Commission Minutes -3 – June 20, 2019 Commissioner OHM observed that he does not think the tree caliper meets the streetscape regulations along Tabor Street. Ms. Mikulak said that if the caliper is incorrect we can make that a condition of approval. Commissioner OHM also had concerns that the landscape design does not comply with the Streetscape Manual in terms of height and spacing of trees. Ms. Mikulak and Mr. Cutler explained that spacing and height can depend on the species selection. Forestry staff does not have any concerns with the landscape design. Commissioner PETERSON asked if there is an easy access to the Clear Creek Trail. Commissioner OHM said that after crossing 44th Avenue the route would be walking through Prospect Park. Ms. Mikulak added that the question of how to connect the TOD area to the Clear Creek Trail was the number one question from City Council and the community after presenting the TOD vision plan. She said staff is aware of the importance of making this connection. Ms. Mikulak also said there is an informal connection to the Clear Creek Trail at the end of Tabor Street. Commissioner VOS mentioned she has concerns about the traffic increasing in the neighborhoods due to the developments and wants more consideration for the residents in the neighborhoods. Mr. Jefferies said the standard practice to calculate traffic is a very prescriptive method and when analyzing this area, it does not warrant a traffic light. He added that staff is waiting to see how the developments at the TOD station will affect the volume. He reiterated that adding 16 trips from this development to the current volume of traffic at the peak hour does not warrant a traffic light. Ms. Mikulak said staff focuses on the peak hour times during traffic studies and what the volume could be compared to the capacity of the roads. Commissioner KERNS led a discussion about implementing traffic impact fees to have development pay their way. Ms. Mikulak reminded the Commission that the land use case in front of them is a property that has the zoning in place which allows a certain density ,and she asked them to focus on this subdivision and SDP for a use that is already permitted. She Planning Commission Minutes -4 – June 20, 2019 mentioned that traffic impact fees are a separate policy discussion that need to be looked at independently from this land use case. Commissioner OHM asked about the small amount of light spillage on the south side of the property and asked about the applicable regulations. Mr. Cutler explained that the 0.1 foot-candle reading is permitted; the code does not require a reading of zero but requires that light be substantially cut off at the perimeter. The reading also does not take into account there will be a fence or landscaping around the perimeter. Commissioner VOS asked how the real estate market data was collected to build and sell 26 units and what the timeline is. Stephen Sundberg, Applicant 9640 Chatfield, Littleton Mr. Sundberg said thorough evaluations have been done, but he is not on the marketing side of the business and cannot answer the data collection question. He added that once construction begins he foresees the townhomes being done in 6 to 7 months starting with the first 3 buildings and the other buildings are governed by sales. Commissioner OHM said he thought the dog path is a great idea, but does not see it connecting to the sidewalk. Mr. Sundberg said there is not a direct connection, but residents can walk through a common place to get to the dog path. Commissioner OHM also asked about the proposed drainage swale on the south side of the property and is concerned that the trees and shrubs that are proposed for the middle of the site will impede drainage. Mr. Sundberg believes it has been reviewed and is acceptable. Commissioner OHM asked what the industry standard is for horizontal separation of trees to waterlines. Mr. Sundberg said he believes the separation is 5 to 7 feet. Terry Railton, Business Owner 4615 Simms Street Mr. Railton mentioned that he thinks a traffic study on the whole area needs to be done. He also believes there needs to be traffic impact fees. Planning Commission Minutes -5 – June 20, 2019 Maxwell Marcum, Business Owner 6983 Seacrest Ct., Arvada Mr. Marcum said that being 24 years of age he is excited about this development because it is a product that he would need and want and is affordable, especially on the west side of town. He cautioned that impact fees would raise the price of the product and would be passed on to buyers or could devalue the land sale price. Commissioner VOS asked about the 20 foot landscape buffer on the west side of the “L” to buffer the southern units from the 4430 Tabor Street property to the west. Mr. Cutler explained that the ODP requires a 20 foot landscape buffer between properties. Commissioner VOS asked what guarantee the City has financially if these townhomes are not sold. Ms. Mikulak said we have not had that issue yet, but the City does plan for worst- case scenarios using lot sale restriction covenants and subdivision improvement agreements. These tools ensure financial guarantees for the construction of public and on-site improvements and protect the City and homebuyers in case a project is not completed. It was moved by Commissioner LARSON and Seconded by Commissioner LEO to APPROVE Case No. WZ-18-19, a request for approval of a Specific Development Plan on property located at 4440 Tabor Street and zoned Planned Residential Development (PRD), 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 City Code. 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. 4.All responding agencies have indicated they can serve the property with improvements installed at the developer’s expense. 5.The specific development plan is in substantial compliance with the applicable standards set forth in the outline development plan and with the City’s adopted codes and policies. Motion carried 6-0-1 with Commissioner VOS voting no. Commissioner OHM wanted it noted for staff to look at the calipers of the trees before building permits are pulled. Planning Commission Minutes -6 – June 20, 2019 Ms. Mikulak said she would make note of that. It was moved by Commissioner LEO and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WS-18-03 as written, a request for approval of a major subdivision with right-of-way dedication for property zoned Planned Residential Development (PRD) located at 4440 Tabor Street for the following reasons: 1.All agencies can provide services to the property with improvements installed at the developer’s expense. 2.The plat will result in a logical layout consistent with the future development proposed by the specific development plan and will facilitate development consistent with the approved outline development plan. 3.All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. With the following conditions: 1.Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2.The developer shall enter into a subdivision improvement agreement and lot sale restriction covenant agreement prior to the recordation of the subdivision plat. 3.Prior to issuance of building permits, the developer shall provide homeowner’s association covenants for review and approval by staff. Motion carried 6-0-1 with Commissioner VOS voting no. 8.OLD BUSINESS 9.NEW BUSINESS Ms. Mikulak said there will be a follow-up training session for the Planning Commission and she will send out a doodle poll to figure out good dates. Commissioner OHM said there is some new criteria for landscapers not to create space for homeless camps. Ms. Mikulak mentioned that staff is aware of this and looking at it as well. Commissioner ANTOL asked if the commissioners can propose some topics for the follow-up training. Ms. Mikulak said that is a great idea and to email her with topics to discuss. ITEM NO: DATE: July 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO RATIFY MAYORAL APPOINTMENTS TO THE WHEAT RIDGE URBAN RENEWAL AUTHORITY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: The members of the Wheat Ridge Urban Renewal Authority are appointed by the Mayor and ratified by City Council. There currently is a vacancy in District III, term to expire March 2, 2024. Three applications were received for the vacant position in District III. Those applicants are Marcia Hughes (District III), Chris Schilling (District III), and Jeanette Southcott (District II). PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Members of the Wheat Ridge Urban Renewal Authority are appointed by the Mayor and ratified by City Council. 3 Council Action Form – Mayoral Appointment to the Wheat Ridge Urban Renewal Authority July 8, 2019 Page 2 RECOMMENDATIONS: Mayor Starker is recommending that Marcia Hughes be appointed to the Wheat Ridge Urban Renewal Authority representing District III. RECOMMENDED MOTION: “I move to ratify the District III Mayoral appointment of Marcia Hughes to the Wheat Ridge Urban Renewal Authority, term to expire March 2, 2024.” Or “I move to deny the appointment of Marcia Hughes to the Wheat Ridge Urban Renewal Authority for the following reason(s) _____________________.” REPORT PREPARED BY: Robin Eaton, Deputy City Clerk Janelle Shaver, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Wheat Ridge Urban Renewal Authority Applications 7/1/19 RLE District IIIHughes, Marcia ATTACHMENT 1 Board & Commission Application City of Wheat Ridge PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE: Re)/\ ewcl\ (; A.ec;-� e,c\�(? 1>;�+:c1-111(BOARD/ OMMISSION/COMMITTEE) DATE: 7 Ii !17 DISTRICT_....,/ _______ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE:�!-S ARE YOU A REGISTERED VOTER? \)6$J WHY ARE YOU SEEKING THIS APPOINTMENT?,�) '&.\:kee 00C Cc:lV-1-fr:,v1,,,�lt A�� ':t(y, C1\JC-J2..n-\ l &eecs!2.tANC::1:= Tt/:<L,;, i½.&t:::1 pl> lUt-le-vt-t' ?d)k6 fl--Ci'l-ti/ !?caJ:1 (6. 1)5S1Q-b 11') Ltu6 t41u'.c. 1.JDT',::hlST \[16W }¥:c,. A-l2-1:iY1f:b1i'1-t,,J,J, C-01'1A--hVV..l l'fY, DO YOU HAVE EXPERI CE IN THIS AREA? yv1 ::tV:'91.':\:ie_s C,:::>v--t\-et:Hfc C�:.'f �",Jl_s, � vi t U!rS. cc,,.,iVIL'-1L M.P a,._,___,.,vc-f-. tcL:i?-A,�--P12ti4cl>lf1.l ;- f>Yl:-¼4l-v'� i t:>1)0 t\,\,ZJ HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHIC _ ON ? HOW LONG? ¥65 - crcs be-:::r0,: -{7<2-oc:, (2_ :\\ivL, cA e_ ,2r; /Cr ARE YOU EMPLOYED BY THE CITY OF WHEAT RIDGE? C> ___.__ ________ ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES?_ ..... �._o _______________ _ SIGNATUREcl ;;;1tf!; PLEASE PRINT OR TYPE NAME: t:' HIZ-1:;, Y)-J, 1.-Ll ,JC::> ADDRESS:t/t,70 GVG@e[f ZIP: c!soD3_3 HOME PHONE: '6;) lo --b L-Z&,·2;:,·7 BUSINESS PHONE: 3cJ --{pZ S -g 7 APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR 7/1/19 RLE Schilling, Chris 7 / 1 / 1 9 R L E S o u t h c o t t , J e a n e t t e