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Home My WebLink About05/08/2006 6:30 p.m. Pre-Meeting ~\ a':'{J9~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Mav 8. 2006 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF April 24. 2006 PROCLAMATIONS AND CEREMONIES Mental Health Month - May 2006 Presentation of the Wheat Ridge Police Department 2005 Annual Report - Chief Brennan Presentation of the Big Lots school donation by the City of Wheat Ridge and Jefferson County School District. - CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Street Width Designation for Youngfield Street, 38th to 44th Avenues Item 2. Council Bill 09-2006- An ordinance providing for the Approval of an Amended Outline Development Plan for Property Zoned Planned Commercial Development located at 4651 Tabor Street - Trailer Source (Case No WZ -05-12) CITY COUNCIL AGENDA. May 8, 2006 Page -2- DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Motion to approve Changes to the Board of Adjustments Bylaws Item 4. RESOLUTION 19-2006 - AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATON IN THE AMOUNT OF $46,521 FOR ACCEPTANCE OF THE SAFE ROUTES TO SCHOOL GRANT Item 5. RESOLUTION 20-2006 - AMENDING THE FISCAL YEAR 2006 CONSERVATION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $38,070 FOR THE PURPOSE OF COMPLETING THE PARKS AND RECREATION MASTER PLAN AND AWARD OF A CONTRACT TO EDAW, INC CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT mwcammn.~ CITY OF WHEAT RIDGE, COLORADO April 24. 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7.00 p m Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble Also present: City Clerk, Pamela Anderson, City Treasurer Mary Cavarra, Acting City Manager, Dan Brennan, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, Director of Parks and Recreation, Joyce Manwaring, staff; and interested citizens APPROVAL OF MINUTES OF April 10. 2006 Motion by Mrs Adams for the approval of the Minutes of April 10, 2006, seconded by Mr Womble, carried 7-0, with Mrs Sang abstaining PROCLAMATIONS AND CEREMONIES - City Clerk Pam Anderson accepted a Proclamation to City Clerk commemorating Municipal Clerks Week - April 30 through May 6, 2006 Sherryl Brandes, accepted the Proclamation Cover the Uninsured Week - May 1-7, 2006 Pam Russell, President of the Board for Victim Outreach Information, accepted a Proclamation National Crime Victims' Rights Week - April 23-29, 2006 Joyce Manwaring, Director of Parks and Recreation, accepted the Proclamation commemorating Arbor Day - Saturday, May 13, 2006 Ms Manwaring invited everyone to the Arbor Day Presentation Mayor DiTullio presented a Certificate of Appreciation to Dave Girton, Colorado State Youth Coach of the Year CITIZENS' RIGHT TO SPEAK Don Eafanti, 3830 Robb Street, announced the celebration of Kite Day, on Sunday, April 30th. at Noon-3 00 p m at Paramount Park at 26th and Kipling Jill Strunk, 6915 W 29th Avenue, thanked the City for their quick response to the damaged storm drain in her neighborhood The neighbors will work with Public Works to resolve the issue Claudia Worth, 4650 Oak Street, gave a report on the improvements at the Historic Park and the Baugh House property CITY COUNCIL MINUTES April 24, 2006 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Page -2- Item 1. COUNCIL BILL 06-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM R-2, RESIDENTIAL-TWO TO PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 7495 W 29TH AVENUE. (CASE NO WZ-05-10) (MICHAEL PHARO FOR M & E FINANCIAL LLC) Mayor DiTullio opened the public hearing Council Bill 06-2006 was introduced on second reading by Mr Womble City Clerk Pam Anderson read the executive summary and assigned Ordinance No 1358 Mayor DiTullio swore in all participants planning on testifying in the public hearing City Attorney Gerald Dahl commented on a past court case and the appropriate jurisdiction of the City in processing the application considered in the public hearing Meredith Reckert, Community Development Department, presented the staff report. She submitted the comprehensive plan, zoning ordinance, subdivision regulations, case file and packet materials, and the digital presentation into the record She stated that all notification and posting requirements have been met; therefore, there is jurisdiction to hear the case Alan White, Director of Community Development outlined the Neighborhood Revitalization Strategy and its relevance to the application He stated that this is the kind of project that the NRS envisioned City Attorney Gerald Dahl briefed City Council on the definition of spot zoning and its relevance to the application He stated that he believes the staff is correct in its recommendation Mike Pharo, 2835 W Oxford Ave # 6, Englewood, testified on behalf of the applicant regarding the elements of the application including the planning and design of the ODP He stated that he believes the plan complies with the standards and vision of the community Bruce McLennan, 677 S Colorado Blvd, Denver, testified on behalf of the applicant regarding the architectural elements of the application Andrew Miller, 200 Spruce Street, Denver, applicant, testified about the process up until this public hearing. He spoke about the willingness to preserve the Olinger house and to work with the community He stated his concerns about the proposed condition regarding the liquor stores He asked for clarification regarding the definition of taverns or bars He outlined the economic benefits of the development including creation of jobs and sales tax revenue CITY COUNCIL MINUTES April 24, 2006 Page -3- The following individuals testified in opposition to the application: Don Whetsel, 8770 W 38th Avenue (donated his time to Louise Turner) Bob Olsen, 5050 Raleigh Street (donated their time to Louise Turner) Katherine Murphy, 2960 Upham Street Claudia Worth, 4650 Oak Street Kevin Murphy, 3050 Upham Court, submitted three petitions circulated among the neighbors, encouraging Council to deny the application, to declare the property a historic landmark and to purchase the property for public use He read a letter to the Mayor from a Lakewood resident urging preservation of the mansion Louise Turner, 11256 W 38th Avenue Ed Eastman, 2900 Vance Street Nancy Griffith, 7130 W 29th Place Martin Green, 7385 W 28th Avenue Katie Schneider (relinquished her time to Martin Green) Janelle Shaver, 8890 W 35th Avenue Jack Kent Anderson, 3121 Webster Street Barbara St. John, 3480 Everett Street, read letter to Council suggesting uses for property Don Edelen, 2935 Webster Street Their comments included, but were not limited to - How would you like to live next to a Shopping Center; an option for the property is a library that would better suit the area, as well as a cultural center; room to build an adjacent City Hall, historic elements of the property and alternate uses, replace the existing trees with like trees, you represent the citizens, submission of petitions opposing the application, urge a moratorium on commercial development until a survey of vacant property can be conducted, there is a significant amount of zoned commercial land that has not been developed, the 1969 court case is very important; the property has a context that should be retained, the zone criteria has not been met and the Planning Commission denied the application, sales tax revenue should not be the number one criteria, Section 26-112(d) of the Wheat Ridge Code of Laws sets out that the Council has to meet six (6) criteria, and this plan does not do that; people will park in the neighborhood, people will not shop at this site because of location, it will have a negative impact on the health, safety and welfare of the people that live in the neighborhood, concerned about pedestrian access off Webster Street. CITY COUNCIL MINUTES April 24, 2006 Page -4- Recess called at 8 59 p m. Reconvened at 9 10 P m The following spoke in support of the development plan: John Villachica, 9695 W 44th Avenue Alan Wyngarden, 8900 W 35th Avenue David Engleberg, partner of Andy Miller's in the application, spoke in support of their application. We have solved the preponderance of the issues for the site He read a note of support for the development from near-by resident Jill Strunk. Joe Drew, 6660 W 29th Avenue Kim Calomino, 4070 Dover Street Gretchen Cerveny, 3425 Moore Street Their comments included, but were not limited to The project allows the town to thrive and preserve our history; the project looks forward, it will support jobs and families, this will beautify a dead street corner; this will better our community and preserve our history; this has always been a commercial property, regardless of the zoning, our community needs places to shop, jobs, and this makes for a more vibrant community; why wouldn't we want this, the status quo has not served us well, ask the Council as leaders of the City to support the project; Wadsworth is not suitable for low-density residential, leaving the property the way it is would not be fair or economically feasible, and we need to find the highest and best use, it is not using eminent domain, it does not have a Wal-Mart or a Walgreens, and the developer is not asking for city money; a mix of uses is what creates a vibrant community and neighborhood, the development will retain the basic character; it is in the best interests of Wheat Ridge as a whole Please approve the change in zoning for the long-term benefit of Wheat Ridge and its many other citizens who are not here tonight; what message do you want to send to other developers who want to come to Wheat Ridge, be a City of progress and revitalization City Council asked questions of the participants Motion by Mr Schulz to suspend Council Rules to extend the meeting past 11 00 pm, seconded by Mrs Rotola, carried 7-1, with Mr Gokey voting no Mayor DiTullio closed the public hearing Motion by Mr Womble to approve Council Bill No 06-2006, Case No WZ-05-10, a request for approval of a zone change from R-2, Residential-Two to Planned Commercial Development and for approval of an Outline Development Plan for property located at 7495 W 29th Avenue for the following reasons. CITY COUNCIL MINUTES April 24, 2006 Page -5- 1 The property is unsuitable for low density residential use due to intensification of traffic and uses along the Wadsworth corridor 2 This land was used as a fairly intensive non-conforming commercial use (mortuary and funeral chapel) for over 40 years 3 Zoning and development of the site would support the Neighborhood Revitalization Strategy concerning the redevelopment of the Wadsworth Corridor 4 The design parameters shown are generally consistent with the C-1 zone district. 5 The proposed document meets all requirements for a Planned Commercial Development Outline Development Plan 6 The application meets the requirements of Section 26-112 D of the Code of Laws 7 The February 27, 2006, City Council conditions have been incorporated into the motion for approval With the following conditions. - 1 The Olinger house be retained in its present location and exterior condition, normal maintenance and upkeep are excepted 2 The interior of the main house may be used for any purpose permitted by the then-current zoning 3 The existing pergola shall be moved, if feasible, to a location or locations on the subject property or shall be reconstructed at one or more locations on the subject property 4 An option to acquire the old house and barn on the site (for no monetary consideration) shall be granted to any responsible organization, conditioned upon such option being exercised and buildings moved off site prior to the initiation of any construction on the site by the owner 5 (a) No application for a demolition permit has been submitted, nor has any such permit been issued by the City for the Olinger house (mansion) or the pergola, prior to the consideration of the ODP application by City Council (b) The architectural design of any new structures on the property will be consistent with the elements of the architectural style of the Olinger House, including such elements as, by way of example, roof lines and shapes, building materials and colors, window patterns, building size, building mass. 6 The property owner shall have consented to the foregoing conditions of an Outline Development Plan approval on the record before City Council 7 A tree assessment performed by a licensed arborist be submitted at the time of Final Development Plan and Plat. Seconded by Mrs Rotola. Motion to amend by Mr Gokey to delete Condition 5 (a), seconded by Mrs Sang, carried 5-3, with Ms Berry, Mrs Adams, and Mrs Rotola voting no CITY COUNCIL MINUTES April 24, 2006 Page -6- Recess called at 11'09 p.m Meeting resumed at 11 17 p m Motion to amend by Mrs Sang to delete use #59 "taverns or bars with food service," and change use #24 to read "eating establishment, sit-down, with or without liquor service requiring a hotel/restaurant liquor license", seconded by Mr Gokey; carried 8-0 Motion to amend by Mrs Sang to revising use #40 to read "liquor stores, high quality wine and spirits, no beer sales permitted, no drive through, seconded by Mrs Adams, carried 7-1, with Mr Gokey voting no City Attorney Dahl asked Mr Miller if he consented to the conditions No 1 through 5 as they were read in the motion Mr Miller agreed Main motion as amended carried 8-0 ORDINANCES ON FIRST READING Item 2. COUNCIL BILL 09-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 4651 TABOR STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO WZ-05-12) Council Bill 09-2006 was introduced on first reading by Mr Schulz. Motion by Mr Schulz to approve Council Bill 09-2006 (Case No WZ-05-12) on first reading, order it published, public hearing set for Monday, May 8, 2006 at 7'00 p m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Rotola, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. RESOLUTION 18-2006 - AMENDING THE FISCAL YEAR 2006 BUDGET TO REFLECT ACCEPTANCE OF THE COLORADO AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT Resolution 18-2006 was introduced by Mrs Sang Motion by Mrs Sang to approve Resolution 18-2006 amending the fiscal year 2006 budget to reflect acceptance of the Colorado Automobile Theft Prevention Authority Grant and adding $6,000 into Police Department Acct. No 01-212-650-654, seconded by Mr Gokey; carried 8-0 CITY COUNCIL MINUTES April 24, 2006 Page -7- Meeting adjourned at 11 34 p m APPROVED BY CITY COUNCIL ON MAY 8,2006 BY A VOTE OF to Mike Stites, Council President 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 - PROCLAMATION MENTAL HEALTH MONTH WHEREAS, PresIdent Bush's New Freedom Commission calls for a transformed mental health system where Americans understand mental health is essential to overall health; care is consumer and family driven; disparities in services are eliminated, early screening, assessment, and referral to services are common practice; excellent care is delivered and research is accelerated; and technology is used to access mental health care and information, and WHEREAS, The New Freedom Commission in 2003 declared that mental disorders and mental health problems, including addictive disorders, affect people of all backgrounds and all stages of life, and that no one is immune; and WHEREAS, good mental health is essential to the overall health and emotional well-being of Colorado's children, youth, adults, and families; and Colorado's citizens who have mental illnesses can recover and lead full, productive lives; and addressing the complex mental health needs of children, youth, adults, and families today is fundamental to the future of Colorado; WHEREAS, there is a widening gap between the availability of well-trained mental health professionals and the increasing need of children, youth, adults, and families for these mental health services; and an estimated 66,000 children, youth, and adults who have mental health disorders are not receiving the help they need; and the cost of community-based public mental health services in Colorado is less than the cost to incarcerate people with mental health needs; and WHEREAS, the State of Colorado recognizes the need for a comprehensive, community-based continuum of mental health care and a commitment to the core values and guiding principles of a system of care for all its citizens with mental health needs and their families; and - WHEREAS, a statewide collaborative of youth, family and consumer advocacy organizations, policy and adVISOry councils and boards, mental health professional organizations and associations, human service provider organizations and associations, public and private mental health and human service agencies and providers, state and local child and family and adult serving systems, agencies, and providers, system of care initiatives, and their partners observe Mental Health Month each May to raise awareness and understandmg of mental health and illness; THEREFORE, I, Jerry DiTullio, do hereby proclaim May 2006 Mental Health Month in the City of Wheat Ridge. As Mayor, I also call upon all citizens, government agencies, public and private institutions, businesses and schools to recommit to increasing awareness and understanding of mental illness; to providing appropriate and accessible services for all citizens; and to achieving the goals set forth for a transformed mental health system by the President's New Freedom Commission. ~ )) } }.1 It I I ! ' 1/ , /) I /vl V: I'..;() u lio, Mayor ITEM NO: ~. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. May 8, 2006 TITLE: STREET WIDTH DESIGNATION FOR YOUNGFIELD STREET,38TH _44TH AVENUES o PUBLIC HEARING [g] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (Date: _) o ORDINANCES FOR 2ND READING QuasI-Judicial: 0 ~ ({,{H<OfPuh'" W-;;,k; n [g] No City~~~ ~ EXECUTIVE SUMMARY: Section 5-20 of the City Charter provides for a process that allows the adjacent property owners to review any plan to establish or change a street Width. The Y oungtield Street improvement project, which is currently under design, proposes widening the street width. The affected segment of Youngfield Street IS from 38th to 44th Avenue. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Y oungfield Street Improvement project is a part of this year's Capital Investment Program (CIP). Youngfield Street from 38th to 44th Avenue is proposed to be widened to a four-lane street to accommodate the current traffic, as well as the anticipated new traffic generated by the Cabela's Development. This project will construct turn lanes and additional through lanes, one in each direction, which will Widen the street in this segment from the existing varymg width of 40-53 feet to the proposed 62 feet and 64 feet Widths. Y oungfield Street from 38th A venue to 42nd Avenue is a City street, while Y oungtield Street for 42nd Avenue to 44th Avenue is a State-constructed frontage road maintained by the City. The street width designation process includes public notIficatIon and a publIc hearing. PublIshed notices were enacted on April 20, 2006 The process allows property owners to review the proposed plan and submit a protest petition if they choose to do so The City Council is to make the final decision regarding the petition, if one is presented. To date, there have been no petitions submitted. AL TERNA TIVES CONSIDERED: FINANCIAL IMPACT: The Youngfield Street Improvement project IS a part of the approved 2006 CIP budget. The Y oungfield Street Improvement Project, is being designed and has a budget amount of $3,600,00000. The current design requires a change of street width. Ifthe new street widths are not approved, the project will be abandonded. RECOMMENDED MOTION: I move that a street Width of 64 feet be established for Y oungfield Street from 38lh Ave. to the Clear Creek Bridge and that a street Width of 62 feet be established for Y oungfield Street from the Clear Creek Bridge to 44th Ave." - or, "I move to not approve a change in the street Width for Y oungfield Street because the proposed street Width is not in the best interest of the neighborhood." Report Prepared by' Steve Nguyen, Engineering Manager ReViewed by' Tim Paranto, Dlfector ofPubhc Works Attachments: 1. Proposed street width drawings for Youngfield Street from 38th Ave. to 44th Ave. 2. Public NotIce cc: - ... co :l: _ ~ ., !:l@-- ~ ... d- I ~t .... ...., [;:, ,. ,. ...~ t 31 ~ ~ ~ I! ~ ~ ~ ,. on " ~~ !:l~ !<l d- e~ i ~I~ -ir- >Q. on " ~~ ~ i ~~ !:l~ <i <i ...~ ...9 iJi ... ... !:l~ !:l~ ~\ !:l~ ~' ~t t'L ~: ~; rX-8 .... ~~o 8 . 5 ': E.Q ~ . ~ ~l E , z !~ ;; ~ ~ W :J Z w 15 I ~ N ~ ~t J:Ul ~ I-Z :;, ~ . a ....0 .. ~ ~t; ~ ~ ..- .... l;;lJl 1l~ · C!' ;; 5 ~ , lli!;;;! ~~i liio aao 0: oii: r -'>- ~ !!II- . "- Cl ~ ~ Z ~ ;:. ~ :J c . 0 ~]i >- . . ~ aa~ " .. ~ 0 '" ~ ~ " ~ c 8 . ;; ~ ~ . ~ ;; , 0 . 0 z . > !z ;;; U~ Q.> iP~ ~~i ~ N 'Y ~ '" o .... .. .... ~ '" ~ " '" ~ ::l 1i ,::l~ " IH ;i ~~, " .~ cd €iU ATTACHMENT 1 s .. C o 'Il .~ "'2 ..... " E " E "" 0 Ulo ~ a ~, ! I ;;; Ult; ,,~~ i ;i~ i~ .. 0> 0 .. .. . Jl 0 .... ~ N ., ~ '" I'DrtU (All ~ N.l~O'Z!C'l IIOOU{:lI1> ~.tod.UCOOllOl/\lIOf' 1>1 q~iI'$ "1 1-t1-toO',MIipQj 1'*lM jO t1Q\l'l<lIoOll"(]\,__oJ:>ft\,OOllO\" 1 ~~ <? " I i ~ ~ <? i~ ~i d -~ " i ..- .. - ~ ~ <J~ I "J ~~ 1 1 1 1 ~,n J "~ S> ,; 0' J 1 1 _, i L/ l! " ~~ \,/ 1 1 1 1 1 1 1 1 , 1 1 1 1 1 1 I 1 1 1 1 hi i~~ ~~I:I !!l ~~ S>- ~l '" ~fl ~l!f a/ Ill~ ::j:;: cf>>~ Ilf! f!.. " ~s d~~ ~: ~d~ ~~/ 1 ~ ~' ~; ~m~ ~t ~It ~~ ~~ a, ~!I'~! ~~ ~~~~ ~ ;=s;; 0 1E..1il'~ Q 0 ! z 0 ~... a () 0 II'!'* "' .ct . ~ ~ z " '" .., Ir ~ g~ 1> J~~ " i~ ~ ~~' '0 N ~~ }", O~ ~1i~ N~'" s " c o '1; '> c> "'~ lii 1 ~ ",8 CITY OF WHEAT RIDGE NOTICE OF PROPOSED STREET WIDTH DESIGNATION PLEASE TAKE NOTICE THAT the City Council for the City of Wheat Ridge, Colorado, shall hold a public hearing on. DA TE: Mav sth, 2006 PLACE: WHEAT RIDGE MUNICIPAL BUILDING 7500 W 29TH A VENUE WHEAT RIDGE, COLORADO TIME: 7:00 P.M. Such hearing is held for the purpose of considering a Street Width Designation in accordance with Section 5.20 of the Wheat Ridge City Charter and Section 21-4 of the Wheat Ridge Code of Laws for the following segment of street: That portion of Young field Street between W. 3Sth Ave and W. 44th Ave. The Street Width Designation whieh is proposed for this segment of street is: Sixty four (64) feet from W. 3Sth Ave to the Clear Creek Bridge then, forty four (44) feet across the Clear Creek Bridge then, sixty two (62) feet from the Clear Creek Bridge to W. 44th Ave The specific plans for the proposed Street Width Designation are available for public inspection at the Wheat Ridge Municipal Building during regular business hours located at 7500 W 29th A venue, Wheat Ridge, Colorado - PLEASE TAKE FURTHER NOTICE THAT you have the right to protest the proposed Street Width Designation. The filing of a valid protest will require a 3/4 vote of the entIre City Council to approved the Street Width Designation. In order to exercise this right, a protest petition must be submitted to the City Council prior to the conclusion of the public hearing containing the signatures of owners of either' (I) Twenty (20) percent of the property immediately adjacent or contiguous to either side of such street; or (2) Ten (10) percent of the property lying within three hundred (300) feet of either side of such street. Details regarding the procedure for protest may be found in the attached copy of Section 5.20 of the City Charter and in Section 21-4 of the Wheat Ridge Code of Laws. You may obtain a copy of Section 21-4, a protest petition form, a map showing those properties immediately adjacent or contiguous to either side of the street and a map showing those properties lying within three hundred (300) feet of either side of the street from the office of the Wheat Ridge City Clerk. This Notice is provided to owners of property within three hundred (300) feet of both sides of the street indicated above in accordance with Section 5.20 of the Wheat Ridge City Charter and Section 21-4 of the Wheat Ridge Code of Laws. Forms\strcet width ATTACHMENT 2 FORM OF PUBLIC NOTICE FOR NEWSPAPER PLEASE TAKE NOTICE that a publIc hearing shall be held before the Wheat Ridge City Council on May 8th, 2006 at 7:00 p.m. at the Wheat Ridge Municipal Building, 7500 W. 29th Avenue, Wheat Ridge, Colorado, for the purpose of considering a Street Width Designation for that segment of Younefield Street between W. 38th Ave and W. 44th Ave The proposed Street Width Designation and specific plans for such street are available for public inspection during regular business hours at the office of the City Clerk, Wheat Ridge Municipal Building. Forms\strect width ITEM NO' ~. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE- May 8,2006 _~f- - /' TITLE: COUNCIL BILL NO. 09-2006: AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 4651 TABOR STREET (CASE NO. WZ-05-12) l8J PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING l8J ORDINANCES FOR 2ND READING QuasI-JudIcIal: l8J ~iifr- Commumty Development Director D No ~L:0r-C\ CIty Manag . (S - EXECUTIVE SUMMARY: The applIcant requests approval of an amended Outlme Development Plan (ODP), a Final Development Plan (FDP) and final plat for property zoned Planned CommercIal Development located at 4651 Tabor Street. The property m questIOn has on It an eXlstmg metal buildmg 8400 square feet m sIze used for retail traIler sales, office and lIght fabncation. The remamder of the lot IS used for outdoor dIsplay and employee and customer parkmg. ThIS property has been Impacted by the acqUIsItIon hy CDOT of the western two-thIrds ofthe sIte for relocatIon of the 1-70 off-ramps whIch WIll dIsplace the existmg structure and the maJonty of the dIsplay area. The purpose of this request IS to reflect the new sIte condItIOns and allow for the constructIOn of a new retaIl bUlldmg and assocIated dIsplay area for trailer sales. Plannmg CommIssIOn recommended approval of all three components of thIs rcquest at a publIc heanng held on Apnl 20, 2006 ThIS CIty CounCIl actIon IS related to Goals 2 and 4 of the StrategIc Plan ofplannmg for growth and opportumtles and establIshmg 1-70 as a major commercIal comdor COMMISSION/BOARD RECOMMENDATION: Planmng CommIssIOn revIewed these requests at a publIc heanng held on April 20, 2006 The Outlme Development Plan was recommended for approval for the followmg reasons. 1. The modIficatIon to the maXImum buildmg coverage and front setback standards will allow for efficIent redevelopment of the property 2. The amended Outlme Development Plan reflects the nght-of-way acqUIsItIOn by CDOT 3. All reqUIrements for a PCD Outlme Development Plan have been met. With the followmg condItIOns: 1 A note be added regardmg the northern curb cut restnctmg It to one way m. 2. The property owner's SIgnature block be modIfied so that all three documents are consIstent. The Final Development Plan was recommended for approval for the followmg reasons 1 It will allow for redevelopment of the property 2 It IS consIstent WIth the proposed Outlme Development Plan 3 All reqUIrements for a PCD Final Development Plan have been met. With the followmg condItIOns 1 One of the freestandmg SIgnS allowed on the property be a monument SIgn. 2 A note be added that sIgnage will not be Illummated when the busmess IS closed. 3 A note be added to the northern curb cut restnctmg It to one way m. 4 An escrow account be provIded for publIc Improvements from the northern curb cut to the north property Ime 5 The property owner's SIgnature block be modIfied so that all three documents are consIstent. The final plat was recommended for approval for the followmg reasons. 1 It reflects the nght-of-way acqUISItIon by CDOT 2. Staffrecommends approval. 3 All regulatIOns and standards of ArtIcle N ofthe Code of Laws have been met. With the followmg condItIOns, 1 10' of nght-of-way be dedIcated for the southern portIOn of Tabor Street. 2 The dramage casement on the south end of the property be shown. 3 Correct mIscellaneous typographIcal errors. 4 The property owner's SIgnature block be modIfied so that all three documents are 2 consIstent. There were no other partIes of mterest m attendance at the Planmng CommIsSIOn pubhc heanng. The document has been modIfied to address the maJonty of the condItIOns recommended by Plannmg CommISSIon. Staff IS recommendmg two condItIons of approval for the FDP related to an escrow account for pubhc Improvements and sIgnage; and one condItIon of approval for the plat related to nght-of-way needed for Tabor Street. STATEMENT OF THE ISSUES: There are no outstandmg Issues. ALTERNATIVES CONSIDERED: Do not approve the amended Outlme Development Plan, Fmal Development Plan and plat. FINANCIAL IMPACT: A one tIme reVIew fee was collected for the processmg OfthIS apphcatIon. Sales tax revenues may be generated on the sales of certam Items. Use tax will also be collected on any bUIldmg matenals. RECOMMENDED MOTIONS: There are three Items for consIderatIOn. an amended Outlme Development Plan, a Final Development plan and a final plat. Each Item WIll reqUIre a separate motIon. Amended Outline Development Plan OPTION A. "1 move to approve Council Bill No 09-2006, case number WZ-05-12, a request for approval of an amended Outlme Development Plan for property zoned Planned CommercIal Development located at 4651 Tabor Street for the followmg reasons 1 The modIficatIOn to the maXImum buildmg coverage and front setback standards WIll allow for effiCIent redevelopment of the property 2. The amended Outlme Development Plan reflects the nght-of-way acqulSltIOn by CDOT 3 All requuements for a PCD Outlme Development Plan have been met." OR OPTION B "1 move to reject CouncIl Bill No. 09-2006 and therefore deny Case No WZ-05-12, a request for approval of an amended Outlme Development Plan for property zoned Planned CommerCial Development located at 4651 Tabor Street for the followmg reasons" 3 1 2." Final Development Plan OPTION A: "1 move to approve Case No. WZ-05-12, a request for approval of a Final Development Plan for property located at 4651 Tabor Street for the followmg reasons. 1 It will allow for redevelopment of the property 2. It IS conSIstent Wlth the proposed Outlme Development Plan 3. All reqUlrements for a PCD Final Development Plan have been met. With the followmg condItions' 1 A note be added that slgnage will not be 1llummated when the busmess IS closed. 2 An escrow account be proVIded for pubhc Improvements from the northern curb cut to the north property lme." OR OPTION B. "I move to deny Case No WZ-05-12, a request for approval of a Final Development Plan for property located at 4651 Tabor Street for the followmg reasons I 2." Final Plat OPTION A: "I move to approve Case No MS-05-05, a request for approval ofFmal Plat for property located at 4651 Tabor Street for the followmg reasons. I It reflects the nght-of-way acqUlsltton by CDOT 2 Staff recommends approval. 3 All regulatlOns and standards of Arttcle IV of the Code of Laws have been met. With the followmg condltton 10' ofnght-of-waybe dedIcated for the southern portlOn of Tabor Street. " OR OPTION B "I move to deny Case No MS-05-05, a request for approval ofFmal Plat for property located at 4 4651 Tabor Street for the followmg reasons' 1. 2" Report Prepared bY' Meredith Reckert (303-235-2848) RevIewed bY' Alan WhIte Attachments: 1 Planmng CommIsSIon staff report (WIth exhibIts) 2. Council BIll No 09-2006 Request for City Council Action-report form - 5 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO' Planmng CommIssion CASE MANAGER. M. Reckert DATE OF MEETING April 20, 2006 CASE NO. & NAME WZ-05-12 & MS-05-05/Skitzo for Trailer Source ACTION REQUESTED' Approval of a PCD amended Outline Development Plan, Fmal Development Plan and plat LOCATION OF REQUEST 4651 Tabor Street APPLICANT/OWNER: Skltzo Offshore, LLC APPROXIMATE AREA. 2.5 acres PRESENT ZONING PCD, Planned Commercial Development COMPREHENSIVE PLAN Small Office/Business Center and Agncultural/Estate ReSIdential ENTER INTO RECORD: (X) (X) (X) COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULATIONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION - Location Map Planning Comrrusslon WZ-OS-12 & MS-OS-OS/Skitzo for Trailer Source 1 ATTACHMENT 1 All notIfication and postmg reqUIrements have been met; therefore, there IS JunsdictIOn to hear thIS case. I. REQUEST ThIS apphcatIOn IS a three fold request for property located at 4651 Tabor Street. The applIcant IS requestmg approval of an amended Outlme Development Plan to modIfy desIgn standards to an eXlstmg ODP and for approval of a PCD Fmal Development Plan and plat. The purpose of this request IS to reflect the new sIte condItIons and allow for the construction of a new retail buildmg and assocIated dIsplay area for traIler sales. See apphcant's explanatIon ofthe request. (Ex.hibitl,aI?plicant'letter) ThIs case was ongmally scheduled for Plannmg ComrlllssIOn pubhc hearing on Apnl 6, 2006. Due to lack of quorum, the case was rescheduled for Apnl 20, 2006 II. EXISTING CONDITIONS/CASE HISTORY The property in questIOn is zoned Planned Commercial Development and has an eXlstmg metal buildmg 8400 square feet m size used for retail trailer sales, office and lrght fabncatIon. The remamder of the site IS utihzed as mventory dIsplay and employee and customer parkmg. Access IS by a smgle curb cut from Tabor Street Just south of the overpass for 1-70 The southern portIOn of the property IS used as unpaved parkmg for the busmess although a Fmal Development Plan has never been approved for It. III. PROPERTY HISTORY Case No WZ-95-9, the ongmal rezomng of 4651 Tabor Street, was approved by CIty Council m September of 1995 The purposed of the zone change was to create a PCD allowmg the dIsplay, sales and servIcmg of horse trailers WIth assocIated sales and hght fabncatIon for customIzatIOn of the trarlers. (ExhibI:t2, eXIsting Final DevelQpment PI<J,T1). In 1999, the applrcant purchased an addItIOnal 1.3 acres of surplus nght-of-way from the Colorado Department of TransportatIOn whIch IS north of and adjacent to the ongmal Trailer Source property The CIty processed an applrcatIOn pursuant to Case No WZ-99-09 to rezone the property to PCD, mcorporate It WIth the original parcel mto one development and revise the underlymg outlme plan for the ongmal parcel to allow addItIOnal land uses. As proposed, the use ofthe ongmal parcel was expanded to mclude the sales and servIce of person recreatIOnal vehIcles (all terram vehIcles, personal watercraft and snowmobIles) whIch was not allowed under the ongmal zomng condItIons The apphcatIOn was recommended for approval by Plannmg CommIssIOn but demed by CIty CouncIl on January 10, 2001 The applrcant subsequently filed 106 actIOn WIth the Jefferson County dlstnct court. No actIOn occurred by the court due to a new applIcatron filed m 2000 The 2000 case (Case No WZ-00-12) was a zone change proposal for the ongmal parcel, the parcel acquIred from CDOT and an A-I zoned parcel to the south at 4601 Tabor Street. The zone change and Outlme Development Plan were approved, however, the reqUIred Final Development Plan and plat were never finalrzed as CDOT was prepanng an envIronmental assessment for the State Hwy 58/1-70 Improvement project and the status ofthe property was unknown. (Exhibit 3, eXlstmg Outlme Development Plan). Planning Commission WZ-OS-12 & MS-OS-OS/Slatzo for Trailer Source 2 ApprOXImately two/thIrds ofthe western portlOn of the property was acqUlred by CDOT late m 2005 to facilItate constructlOn of new on/off ramps for 1-70 ConstructlOn of the ramps and assocIated nght- of-.warwIl1~lsplacethe existmg building and the majority of the outside display on the property OExl!i1:))t~'..4..iUJ.q.i5,.. V70improveUJ,e,:pts) IV. OUTLINE DEVEI~OPMENT PLAN The Outlme Development Plan (ODP), which accompames a rezomng ordmance, sets the allowable uses and development standards for the property Typically the Outlme Development Plan IS general m nature and serves as the bluepnnt for development of the property by showmg approximate areas of landscapmg, bUlldmg footpnnts and parkmg. The Outlme Development Plan IS also used to establish deSIgn parameters includmg maximum building height, mmlmum landscaped coverage and mlmmum penmeter setbacks. (Exhibit 6, ProposeaOutline DevelopmentBlan). An Outlme Development Plan IS bemg proposed to modify two ofthe deSIgn standards on the eXisting ODP document; those design standards are the maximum amount of bUilding coverage and the minimum front setback. The new ODP also reflects the CDOT property acqUlsltlOn. Under Chapter 26, an amended ODP follow the same approval process as the onginal ODP Allowable uses: Neither the permitted nor excluded uses have changed smce the 2000 ODP was adopted and recorded. The proposed Outlme Development Plan lIsted permitted land uses which were negotiated WIth the neighbors through a senes ofmeetmgs held m the summer of2000 Land uses which are undeSirable at thiS 10catlOn are listed as "Excluded Uses". Those mclude adult book stores, assembly halls, bars and liquor sales, convemence stores, gas statlOns, heavy mdustnal uses, nursmg homes, pnvate clubs, restaurants and VIdeo sales. Landscaping: The ODP sets the mlmmum amount of landscapmg at 20%. A note has been added that all requirements of SectlOn 26-502 be met. Access: Two access pomts are shown, one south of the 1-70 overpass at the eXlstmg 10catlOn and a southern curb cut situated opposite the W 46th Avenue mtersectlon With Tabor Street. The northern curb cut should be restncted to one-way m. Building Height/Minimum Setbacks: MaXimum buildmg height IS speCified as 35' which IS more restnctlve than the 50' allowed buildmg height 111 the RC and C-l zone dlstncts. Setbacks proposed are gencrally conSIstent WIth our commercIal zone dlstncts. The reductlOn of the front setback from 50' to 30' compensates for the narrow lot depth due to the CDOT acqUiSItion. Maximum Building Coverage: MaXImum coverage by bUlldmgs IS mclicated at 20%. Combmed With the mmlmum landscape coverage of20%, the remamder leaves 60% coverage by hard surfaces. Development Standards: Planning Commission WZ-05-12 & MS-05-05/Skitzo for Trailer Source 3 The development standards depIcted III the table are shown on the ODP. Future redevelopment of the sIte must comply wIth these standards. Development Standard Existing Plan Proposed Plan Max. building coverage 10% 20% Max. building height 35' 35' Min. perimeter setbacks Front: 50' 30' Rear: 15' 15' Sides: 15' 15' Min. landscaped coverage 20% 20% Planning Commission WZ-OS-12 & MS-OS-OS/Skitzo for Trailer Source 4 AdditlOnal code sectlOns are referenced on the ODP mcludmg off-street parkmg, sIgnage, fencing and archItectural standards. The proposed development standards are generally consIstent wIth those m the CommercIal-One zone dIstnct regulatlOns. All reqUIrements for a Planned CommercIal Development Outlme Development Plan have been met. V. ZONE CHANGE CRITERIA Although thIS request IS not a rezonmg, the code states that the procedures and reqUIrements for amendmg an ODP shall be the same as prescribed for the ongmal approval, whIch would mclude evaluatlOn of the zone change cntena. Staff has the followmg comments regardmg the cntena. I That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. The offiCIal zoning map IS not m error The parcel IS currently zoned Planned CommercIal Development. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. There will be dramatic changes m the character of the area when the new offcramps for 1-70 are constructed. All of the properties on the west SIde of Tabor will be Impacted by varymg degrees. The revised Outlme Development Plan IS m response to the acqulSltlOn of the western two-thirds of the property for nght-of-way and pendmg demohtlOn of the eXlstmg structure and site Improvements. - 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies, and other related policies or plans for the area. The Comprehensive Plan designates the northern two-thirds of the property as Small Office/Busmess Center Desired attributes of the SO/BC areas are hsted as · Small office or mcubator space whIch does not reqmre high vlsibihty from well traveled streets but may have a retml component as an accessory use . Well landscaped. . No VIsible outdoor storage; trash areas screened. · AmemtIes such as outdoor slttmg and eatmg areas, and pathways should be encouraged on-site for employees. . Vehicle clrculatlOn be handled mternally on the slte · All materials, equipment, vehicles and actlvltIes be enclosed wIthm the pnmary structure · DesIred uses are hsted as workshops, contractor/trades, repmr and eqUipment shops, professlOnal servlees, research and development faclhtles amI lahs, offices. Planning ('onmllssion WZ-05-l2 & MS-05-05/Skilzo for Trailer Source 5 The southern one-thIrd of the property IS desIgnated as Agncultural/Estate ResIdentIal. The amended Outlme Development Plan IS mconslstent WIth thIS desIgnatIOn. However, the desIrabIlIty ofthe property for resIdentIal use IS questIOnable as It IS surrounded on three sides by commercIal development. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Redevelopment ofthe property wIth an additIonal access pomt WIll serve as a benefit to the neIghborhood. Currently seml-trucks unloadmg merchandIse for the property park on Tabor Street, Just to the south of the 1-70 overpass, or stop on Tabor and back mto the property Because of lImited SIght dIstance from the north, thIS creates a dangerous sItuatIOn for the dnver of the semI and the travelmg public. The addItional access pomt will allow trucks to enter the property from the north, unload and eXIt by the southern curb cut. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There WIll not be socIal and recreatIOnal benefits as a result of the zone change. There may be phYSIcal benefits (better access WIth southern curb cut) and economIC (increased sales tax) benefits. The CIty does not capture sales tax from vehIcles regIstered for road use (trucks and trailers) but does receIve sales tax from the sales of Jet SkIS, all terram vehIcles, snowmobIles and parts and accessones. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All agencIes can serve the property WIth upgrades to mfrastructure, the cost of whIch WIll be borne by the applIcant. 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to the adjacent properties. ModIficatIOn to the Outlme Development Plan front setback and buildmg coverage standards will not have a negatIve Impact to health, safety or welfare. EXlstmg traffic hazards will be ehmmated when the property IS redeveloped. Dramage WIll be accommodated on-SIte. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Zomng of the property occurred m 2000 The propertIes to the south and west are also zoned commerCIal. VI. FINAL DEVELOPMENT PLAN Planning Commission WZ-OS-12 & MS-OS-OS/Skitzo for Trailer Source 6 The proposed Final Development Plan shows a two-phase desIgn. The first phase mcludes a buildll1g wIth an 11,000 square foot footpnnt located in the southwest comer of the sIte. fgxbiBit7,.,prQ.i:>~s.ed Fmaf:Dt:~ej6ph'l~h.t)"t>1M) The gross floor area mcludes a 3000 square foot second story office. Employee and customer parkmg are located to the east of the structure. Inventory dIsplay IS on the northern portIOn of the sIte. A second phase buildmg pad SImilar in size to the first IS shown to the northeast of the first structure adjacent to Tabor Street. Structure Design: The proposed archItectural matenals for the new structure mclude rough-faced block and EIFS The walls are broken up WIth contrastmg matenal bandmg and second story wmdows. ArchItecturally, the bUlldmg elevatIons are SImilar on the east, west and north SIdes glvmg the appearance of front fas;ades from Tabor, 1-70 and the off-ramps. The only true "rear" wall of the buildmg IS on the south SIde. Overhead doors are provIded on the east SIde of the structure for vehIcular access to the servIce bays. Staff has requested that bnck or other accent matenal be provIded as a wamscoting mstead ofthe splIt face block shown. Wall SIgnS are shown on the east, west and north elevatIOns. Freestandmg project SIgnS are not shown on the FDP As such, the standards of Article VII of the zOlllng and development code will apply. Based on thIS sectIOn, two freestandmg SIgnS would be permItted, one of whIch could be a hIghway onented sign 50' in heIght. Staff recommends that one of the freestanding SIgnS be a monument sIgn. A note has been mcluded on the Outline Development Plan that slgnage may not be illummated when the busmess IS closed. ThIS note should be replIcated on the Final Development Plan document. Landscaping: The mllllmum landscaped coverage reqUIred by the ODP IS 20%. On the sIte data breakdown, the landscapmg for thIS phase IS shown as 32,293 square feet (29 8 %) ThIS figure mcludes the formal landscaped areas and the detentIon ponds. The 20% ODP mmlmum for the entIre 2.5 acres must be met WIth any future development phases. - Street trees WIth 3" calIper are shown m a tree lawns along Tabor Street. Street trees were also required along the 1-70 frontage. All mmimum landscape quantItIes reqUIred per SectIOn 26-502 have been met. Access Two access pomts are shown for the property. The northern, existmg curb cut will serve as a one-way entrance mto the property The southern curb cut alIgnmg apposIte W 46th Avenue can accommodate two-way traffic A note should be added to the northern curb cut restnctmg It to one-way m. PublIc SIdewalk should be extended north from the northern dnveway to the 1-70 bndge overpass. Planmng Commission WZ-05-12 & MS-05-05/Skitzu for Craller Source 7 Development Standards The followmg development standards are depicted on the ODP. The proposed development and any future development must comply with these standards. Development Standard ReQuired bv ODP Provided by FDP Minimum Setbacks Front: 30' 135' Side: 15' 17' Side: 15' 348' Rear: 15' 19' Maximum Building Height 35' 28' Maximum Building Coverage 20% (21,710 s.f.) 10.2% (11,090 s.f.) Min. Landscaped Coverage 20% (21,710 s.f.) 29 8% (32,293 s.f.) Sign age Refer to Article VII ofthe ComplIes Wheat RIdge Code of Laws Fencing Refer to SectIOn 26-603 of the ComplIes Wheat Ridge Code of Laws Exterior Lighting Refer to Section 26-503 of the ComplIes Wheat Ridge Code of Laws Architectural Detail Refer to the Streetscape and ComplIes with the use ofbnck Architectural Design Manual wamscotmg. The Final Development Plan complIes with the development standards establIshed by the proposed Outlme Development Plan. All reqUIrements for a Planned CommerCIal Development Fmal Development Plan have been met. VII. FINAL PLAT The property has been reconfigured to reflect the purchase by CDOT (Exgibit 8,Propose~Plat). The plat establIshes typical utilIty easements around the penmeter The permanent stormwater detentIOn easements are shown With the appropriate maintenance note on the front sheet. 10' ofnght-of-way IS reqUIred to be dedicated for the southern portIOn of Tabor Street. A dramage easement needs to be shown on the south end of the property All regulatIOns and standards of Article IV of the Code of Laws have been met. VIII. NEIGHBORHOOD MEETING The reqUIred pre-applIcatIOn meetmg for neighborhood mput was held on June n, 2005 (Exhibit 9, Neighborhood Meetmg Recap) PJaIllllng COrmruSSiOIl WZ-05-12 & MS-05-0S/Skitzo for Trailer Source 8 VIII. AGENCY REFERRALS All affected servIce agencIes were contacted regarding the abilIty to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. SpecIfic referral responses follow. Colorado Department of Transportation: Has no comments at thIs tIme. Wheat Ridge Public Works: The PublIc Works Department has revIewed a dramage plan and report. An additIOnal 10' ofnght-of-way WIll be reqUIred for the southern portIon of Tabor Street. A subdivIsIOn Improvement agreement WIth escrow will be reqUIred for future publIc Improvements from the northern end of the north curb cut to the north property lIne. Arvada Fire Protection District: Will reqUIre the mstallatlOn of addItIOnal hydrants. Emergency access lanes shall be sIgned as fire lanes. The buildmg will be reqUIred to be spnnklered. Ditch Companies: The affected dItch compames have revIewed changes to the current dItch configuratIOns. The applicant must contmue working WIth them to resolve any Issues. Valley Water District: Valley Water DIstrict has adequate capacIty to serve the proJect. AddItIOnal water mam lInes, fire hydrants or fire spnnkler lines may be needed. Wheat Ridge Urban Renewal Authority: Has concluded that the proposed land uses are not consistent with the 44th Avenue/Ward Road Redevelopment Plan, however, the zonmg and land uses were approved pnor to the adoptIOn of the Redevelopment plan. - X. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that due to acqUIsItIon of the western two-thIrds of the property by CDOT, the property must be redeveloped. As such, an amended Outlme Development Plan and Final Development Plan and plat are reqUIred. Staff further concludes that all reqUIrements for the pertment sectIOns of the Wheat RIdge Code of Laws have been met; therefore, a recommendatIon of approval IS gIven for all three portIons ofthe request WIth condItIOns listed m the suggested motIons. XI. SUGGESTED MOTIONS: There are three requests and each will require a separate motion. AMENDED OUTLINE DEVELOPMENT PLAN Option A: "1 move to recommend APPROVAL of Case No WZ-05-l2, a request for approval of an amended Outlme Development Plan for property located at 4651 Tabor Street for the followmg reasons. 1 The modIficatIon to the maxImum bUlldmg coverage and front setback standards WIll allow for effiCIent redevelopment of the property 2 The amended Outlme Devclopment Plan reflects the nght-of-way acqulSltlOll by CDOT Planning Commission 9 WZ-OS-12 & MS-OS-OS/Sbtzo for Trailer Source 3 All reqmrements for a PCD Outlme Development Plan have been met. With the followmg cond1tlons. 1. A note be added regardmg the northern curb cut restrictmg 1t to one way m. 2 The property owner's slgnature block be modlf"ied so that all three documents are cons1stent." Option B: "I move to recommend DENIAL of Case No WZ-05-l2, a request for approval of an amended Outlme Development Plan for property located at 4651 Tabor Street for the followmg reasons. 1. 2 3 " FINAL DEVELOPMENT PLAN Option A: 1 move to recommend APPROVAL of Case No WZ-05-12, a request for approval of a Final Development Plan for property located at 4651 Tabor Street for the followmg reasons. 1. It w111 allow for redevelopment of the property 2. It 1S cons1stent wIth the proposed Outlme Development Plan 3 All reqmrements for a PCD Fmal Development Plan have been met. With the followmg cond1tlons 1 Bnck or other accent matenal be provIded as a wamscotmg mstead of the splIt face block shown. 2 One of the freestandmg SIgnS allowed on the property be a monument SIgn. 3 A note be added that slgnage will not be illummated when the busmess IS closed. 4 A note be added to the northern curb cut restnctmg It to one way m. 5 An escrow account be provIded for publIc Improvements from the northern curb cut to the north property lme. 6 The applIcant contmue workmg wIth the dItch compames to resolve concerns pnor to relocatlOn and constructlOn of the dItch Improvements. 7 The property owner's sIgnature block be modIfied so that all three documents are consIstent." - Option B: 1 move to recommend DENIAL of Case No WZ-05-l2, a request for approval of a Fmal Development Plan for property located at 465 I Tabor Street for the followmg reasons I 2. 3 " FINAL PLAT Option A: "1 move to recommend APPROVAL of Case No MS-05-05, a request for approval of Fmal Plat for property located at 4651 Tabor Street for the followmg reasons Planning Commission WZ-05-l2 & MS-05-05/Skitzo for Trailer Source 10 1. It reflects the nght-of-way acqUIsItion by CDOT 2. Staff recommends approval. 3 All regulatIOns and standards of Article IV of the Code of Laws have been met. With the followmg condItions; 1 10' ofnght-of-way be dedIcated for the southern portIOn of Tabor Street. 2 The dramage easement on the south end ofthe property be shown. 3 Correct mIscellaneous typographIcal errors. 4 The property owner's signature block be modIfied so that all three documents are consIstent." Option B: "I move to recommend DENIAL of Case No MS-05-05, a request for approval of Final Plat for property located at 4651 Tabor Street for the followmg reasons 1 2. 3" - Planning CommisslOn WZ-OS-12 & MS-OS-OS/Sk1tzo for Trailer Source 11 · Bagley Development - Consultants ') ) October 10, 2005 Ms Meredith Reckert Senior Planner City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Re: Trailer Source Redevelopment at 4651 Tabor Street - Application Submittal Dear Meredith. We are pleased to submit to the City of Wheat Ridge the application for the redevelopment of the Trailer Source facility in ownership of Skitzo Offshore, LLC, Jim Blumenthal, President. As you are aware, there have been many iterations of the plan for the Trailer Source project over the last five years or more. We believe that the submittal is a quality project in every way and meets the desire on the part of the CIty of Wheat Ridge to significant! u ade the 0 eration conducted b e ral er ource usmess. The project proposes a contemporary building on the remaining 2.5-acre site after the takmg of the remainder of the property and the existing building by CDOT for the interchange improvements at Ward Road and _M thAYenlle.- - The significant aspects of the project that have been included in the new deSIgn and are important to both the CIty of Wheat Ridge and the owners of Trailer Source are the following: . A new contemporary building housing all operations . All outdoor storage and display of trailers on an all weather concrete paved surface . A quality landscape plan for the entire project . Appropriate lighting for the project that does not impact surrounding residential neighborhoods . Piping of the three agricultural ditches that cross the subject property . Signs that meet the requirements of the City of Wheat Ridge Sign Code . Improved vehIcular access to the site, creating a one way circulation system . Screened storage of equipment and trash containers The application submItted includes those items necessary for and amended Official Development Plan (ODP), a new Final Development Plan (FDP) and a new subdIvision plat. We look forward to receiving comments from the City of Wheat Ridge relative to the submIttal package presented. Please do not heSItate to contact me if we can be of further assistance regarding the application. Siu\Otrely, cc Jim Blumenthal, Trailer Soun 90 Madison Street Suite 300 TJ1 '-TTTTT-. TIT'I -.,; i) 333-0636 FAX (303) 3RR.R7% City of Wheat Ridge In this space there is a large scale map that could not be scanned at this time. Please see the City of Wheat Ridge Clerks office if you would like to see the map. Thank You. - - --------- illl if., ~: --------- \\\\ q -1~ -,- , + -\ 'y l\\J~; ~ , 'J: F , c .J( -\- -r , \~ -\. , "T -\- ~-~ - ~ ---- ------- ~-- ------ ----- ------ - - \-- - , ,-- '.\;.' t~ m -n (f) cO' "" c ~ 3 ~ '-:' m en o -n ::0 Q X "" o -n S ~ )> o o c o ::i is z ::0 [11 o c ji ~ m -z "" <f) II -u -0 X :J: )> '" (j) (j) m tn N ~ ~ '~ ~-7~ , g EXIIIBIT 4 - -- ------ -------- ~_/ ~ -~- ~ -- /--~-~-~~~-~- ~- ~/~ .------------------ .~_...:.--~.......-._-------------. -------- ,. ----- ~z...-- ~~ --~ ~"" .. - p\-\ASt. ~ p\-lASE. 2 .-t- , -,- \ N~ -\-- ~----- _~~----c:';~~ _~~_---c~- -~-~~~ - -/---- is'iiM;fiof RIG",-Of-WAY ACO\JISnION RIOQ\JIRIOMEN "E){lll\\lrt 5 - _......-- ------------- ------ ~ ~ o 200~ ~\nFeet 500 ~ ----- -. - - ---------- -----. -- -~~-------.. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 303/235-2857 The City of Wheat Ridge Date: June 28, 2005 at 6'00 PM City Staff Present: MeredIth Reckert Location of meeting: Second Floor Conference Room, Wheat RIdge MUlllclpal BUlldmg, 7500 W. 29th Avenue Property address: 4751 Tabor Street Property owner(s): Jim Blumenthal and J.R. Blumenthal for SkItzo Property Owner(s) present? Yes Applicant: Same Existing Zoning: PCD, Planned CommerCIal Development - Comp Plan Designation: Small Office/Busmess Center Existing Use/site conditions: The property IS compnsed of three parcels totalmg 7.5 acres and IS used for trailer sales It has a metal buildmg on It WIth 8400 square feet of floor area. The remamder of the property IS utIlized as mventory dIsplay and employee and customer parkmg. Access IS by a smgle curb cut from Tabor Street Just south of the overpass for 1-70 Zomng of the ongmal, mIddle parcel occurred m 1996 The owners later acqUIred parcels to the north and south, both zoned Agnculture-One. In 2002, a zone change to PCD and an outlme development plan were approved for the threc parcels. Case No WZ-03-09/MS-03-06 IS currently m process for final development plan and plat approval on the three parcels. ThIS land use case IS currently "on hold" as CDOT IS negotJatmg WIth the owners to purchase the western two-thirds of the property for nght-of-way to faCIlItate constructIOn of new on/off ramps for 1-70 ConstructIOn of the ramps WIll <.hsplace the eXIstmg bUlldmg and the maJonty ofthc outSIde dIsplay on the property Applicant's Proposal: In lIght of the pend1l1g CDOT acqUISItIon, the applIcants are requcstmg approval of an amended EXHIBIT 9 outlme development plan, a final development plan and plat for the remammg 2.5 acres to bmld a new buildmg, dIsplay area and employee and customer parkmg. The proposed sIte plan allows for an 8400 square foot structure on the south end, wIth customer and employee parkmg to the sIde and rear of the structure. DIsplay area and detentIOn occur north of the structure. Access IS vIa a one- way dnve configuratIon. Issues Discussed: . Concern for CDOT Improvements and the relocated off-ramp from 1-70 . How does CDOT acqmre land? . Where is 46th Avenue III relatIon to the new dnveway? The circular driveway exit will be located opposite of and align with W 46th Avenue . Will Tabor be wIdened? No . Will the sound wall along the south 1-70 frontage road be wIdened? StajJis not aware of any changes to the sound wall. . What WIll happen to the storm dramage WIth the new off-ramps? Storm water detention areas will be designed into the project. . The amount of pedestrian traffic whIch crosses over the Tabor Street overpass. It was noted that the applicant will be responsible for construction of sidewalk along the frontage of their property . Will there be any addItIOnal publIc meetmgs regardmg the ramp relocatIon? . How can the neIghbors access a copy of the EIS (EnvlIonmental Impact Statement) for the ramp project? In general, the attendees were not opposed to the proposed Trailer Source redevelopment. The owner of property located at the northwest comer of Tabor and W 44th Avenue mdlcated that CDOT IS trymg to acqmre land m front of hIS bUlldmg. He mdlcated that about 20 parkmg spaces would be lost as a result. He was adamantly opposed to the CDOT acqUIsItIon. 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. 09-2006 Ordinance No. Series of 2006 SCHULZ TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL Of' AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 4651 TABOR STREET, CITY OF WHEAT RIDGE, COUNTY OF JEf'FERSON, STATE OF COLORADO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT Section 1. Upon application by Skitzo Offshore, LLC, for approval of an amended OutlIne Development Plan for property zoned Planned Commercial Development located at 4651 Tabor Street and pursuant to the findmgs made based on testimony and evidence presented at a public heanng before the Wheat Ridge CIty CouncIl, an amended Outline Development IS approved for the followmg descnbed land. - THOSE PORTIONS OF LOTS 7 AND 8 LEE'S SUBDIVISION, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 2 AT PAGE 23, AND LOT I, TABOR DEVELOPMENT SUBDIVISION, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 132 AT PAGE I, CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON, STATE OF COLORADO DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE S89013'31"W ON AN ASSUMED BEARING, ALONG THE NORTH LINE OF THE NORTHEAST ONE-Ql1ARTER OF SAID SECTION 20, A DISTANCE OF 1323 72 FEET TO THE EAST 1/16 CORNER BETWEEN SECTIONS 20 AND 17, THENCE SOo023' 20"E ALONG THE NORTH-SOUTH CENTERLINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 20, A DISTANCE OF 977 02 FEET TO THE SOUTHWEST CORNER OF THA T TRACT OF LAND DESCRIBED IN BOOK 1897 AT PAGE 363 OF THE JEFFERSON COUNTY, THENCE CONTINUING SOo023'20"E ALONG SAID CENTERLINE A DISTANCE OF 340 57 FEET, THENCE N89025'28"E, A DISTANCE OF 321 70 FEET, THENCE SOo023'20"E, A DISTANCE OF 4 85 FEET, THENCE N89014' 16"E, A DISTANCE OF 26 66 FEET TO A POINT OF CUR V A TURE ON THE SOUTH RIGHT OF WAY OF INTERSTATE 70 AND THE TRUE POINT OF BEGINNING, THENCE ALONG SAID RIGHT OF WAY ON A NON-TANGENT CURVE TO THE LEFr HAVING A CENTRAL ANGLE OF 21038'32", A RADIUS OF 614 00 FEET AND AN ARC LENTH OF 23192 FEET WITH A CHORD BEARING OF N12001'31"E, AND A CHORD LENGTH OF 230.55 ATTACHMENT 2 FEET, TO A POINT OF NON-TAGENCY, THENCE S89058'18"E, A DISTANCE OF 2496 FEET, THENCE NOooQ3'OO"W, A DISTANCE OF 184 80 FEET, THENCE NII050'40"E, A DISTANCE OF 10161 FEET, THENCE N63007'46"E, A DISTANCE OF 154.50 FEET TO A POlNT ALONG THE WEST RIGHT OF WAY OF TABOR STREET, THENCE ALONG SAID RIGHT OF WAY SOo035'50"E, A DISTANCE OF 154 92l'~ET, THENCE S09007'45"E, A DISTANCE OF 387 72 FEET, THENCE S00027' 18"E, A DISTANCE OF 3791 FEET, THENCE DEPARTING SAID RIGHT OF WAY S89014' 16"W, A DISTANCE OF 294 96 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 108,551 SQUARE FEET (2.49 ACRES) MORE OR LESS Section 2. Vested Property Rights. Approval of thiS Outline Development Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provIsions of SectIOn 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance IS promulgated under the general police power of the CIty of Wheat Ridge, that It IS promulgated for the health, safety, and welfare of the public and that thiS ordinance is necessary for the preservatIOn of health and safety and for the protectIOn of puhlic convemence and welfare The City CounCil further determmes that the ordmance bears a rational relatIOn to the proper legislative object sought to he attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zonmg Code or the applicatIOn thereof to any person or circumstances shall for any reason be adjusted by a court of competent Junsdictlon invalid, such judgment shall not affect applicatIOn to other persons or Clfcumstances Section 5. SupersessIOn Clause. If any prov (Sian, reqUirements or standard establishcd by thiS Ordmancc IS found to conflict With slll1llar proVISions, reqUirements or standards found elsewhere m the Code of Laws of the City of Wheat Ridge, WhlCh are in existence as of the date of adoption of this Ordinance, the proVISions, requirements and standards here shall supersede and prevai I Section 6 . This Ordmance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of R to o on thlS 24th day of Apnl, 2006, ordered published m fullm a newspaper of general CIrculation m the City of Wheat Ridge and Public Heanng and conSideration on final passage set for May 8, 2006, at 7'00 o'clock p.m., m the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , thiS day of , 2006 SIGNED by the Mayor on this day of ,2006 2 ATTEST JERRY DITULLIO, MA YOR Pamela Y Anderson, CIty Clerk 1 sl publIcatIOn April 27, 2006 2nd publication Whcat Ridge Transcnpt EffectIve Datc' - APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY :3 ITEM NO: 3. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. May 9,2006 TITLE: MOTION TO APPROVE CHANGES TO THE BOARD OF ADJUSTMENT BYLAWS D PUBLIC HEARING [gJ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date _) D ORDINANCES FOR 2ND READING Quasi-JudICIal. D [gJ Yes No ul iJJ/J ~ Commumty Development Director C,ty~<->->'T\ EXECUTIVE SUMMARY: - Staff and the Board of Adjustment have proposed some changes to the Board of Adjustment bylaws. Section 2-54 (e) of the Code of Laws states that any change to the rules and procedure ofthe Board of Adjustment shall be approved by CIty Council. Among the changes are c1encal alteratIOns, c1anficatlons, and the establIshment of a pool of at-large alternates whIch may serve m the absence of a board member. ThIS concept was dIscussed at a study sessIOn whIch the Board attended on May 16, 2005 The Board reviewed the changes to the bylaws on March 23, 2006 and Apnl 27, 2006 and unammously approved these recommended changes. ThIS relates to the CIty's strategIc goals of prepanng the CIty for growth and opportumtles, and creatmg a strong partnershIp between CIty and commumty COMMISSION/BOARD RECOMMENDATION: The Board revIewed the changes to the bylaws on March 23, 200G and Apnl 27, 2006 The Board of Adjustment unanImously approved of these recommended changes. STATEMENT OF THE ISSUES: While most ofthe changes are c1encal m nature, one of the proposed changes should benefit the Board and applIcants alike. The establIshment of a pool of at-large alternates will ensure each meetmg IS attended by 8 members. The bylaws specify that to approve a variance, a super-maJonty of the attendmg board members must vote affinnatively This super-majonty rule Impacts an applIcant when one or more members of the Board are absent from the publIc heanng. For example, WIth full attendance (8 members), SIX members must vote affinnatIvely to approve a vanance request. When seven members are m attendance, six of the seven attendmg members must vote affinnatIvely to approve a vanance request. SImply, when one or more board members are not m attendance, vanance approvals are mcreasmgly dIfficult. The pool of at-large alternates will help alleviate thIs situatIon. As a result of the proposed changes to the Board of Adjustment bylaws, CIty CouncIl would need to appomt four at-large alternates to serve m the absence ofa board member ALTERNATIVES CONSIDERED: Do not approve the proposed changes to the bylaws. FINANCIAL IMPACT: None RECOMMENDED MOTIONS: OPTION A. "I move to approve the changes to the Board of Adjustment bylaws as proposed." OPTIONB. "I move to not approve the changes to the Board of Adjustment bylaws." Report Prepared bY' Travis Crane 303.235.2849 ReVIewed bY' Alan WhIte 303.235.2844 Attachments: 1. Proposed Board of Adjustment bylaws 2. CIty Council study sessIOn meetmg mmutes from May 16, 2005 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT BY-LAWS ARTICLE I: MEETINGS 1 Regular heanngs before the Bo.ardofAd)ustment shall be held on the fourth Thursday of each month begmmng at r~.:fi..1t~ provided however, If Thursday falls on a City holiday, the Board will convene on the next Thursday which does not conflict with Plannmg CommissIOn, or on a date otherwise set by an affirmative vote of a majonty of the Board. 2 Special meetmgs and/or heanngs shall be held at the call ofthe ~_. and at such other times that the Board shall determme. 3. All heanngs shall be open to the public. Heanng notice shall be by newspaper publicatIOn, site postmg and letter notice as proVIded m SectIOn 26-109 of the CIty of Wheat RIdge Code of Laws. 4 A quorum ofthe Board of Adjustment shall consist of five (5) members. 5 All members shall attend all Board meetIngs m person unless excused for cause by the Chairman ofthe Board of Adjustment. - 6. The Board shall keep minutes of its proceedIngs, shoWIng the vote of each member on every case or If absent or failmg to vote, mdIcatmg such fact, and It shall also keep records of such proceedmgs and other offiCial actIons, and such records shall be filed m the office of the Board. 7 The Board shall hear a request for relief from the reqmrements of the Zonmg and Development Code by any person aggneved by such reqmrements as proVided m Chapter 26 of the CIty of Wheat Ridge Code of Laws. ARTICLE II: CASES BEFORE THE BOARD 1 Every request for rehef shall be made to the Board m the name of the owner or owners of the affected property or hiS or her or their deSIgnee and shall mc\ude the data reqUired m the applIcable form so as to supply all the mformatlOn (mcludmg such plans or plats as _1_ ATTACHMENT 1 may be necessary) reqUIred for a clear understandmg of the case by the Board. 2. No commUnIcation purportmg to be a request for relief shall be regarded as such until It IS made m the form reqUIred (mcludmg all reqUIred documentatIOn) 3 - 4 The applicant shall prove hIS or her case by prescntmg eVIdence m accordance wIth the proVISIOns of Chapter 26 5 The Board shall not hold heanngs on requests whIch have been dellled wlthm the prevIOus twelve (12) calendar months, unless iq;~ i)t ARTICLE III: THE CALENDAR Each case filed m the proper form, wIth the reqUIred data, shall be numbered senally and shall be placed on the secretary's calendar. The case numbers shall begm anew on January 1 st of each year and shall be numbered to reflect the year and type of case. 2. As soon as the case IS put on the calendar, the applicant shall be notified to appear on the date when the case wIll be heard. 2- ARTICLE IV: PUBLIC HEARING PROCEDURES 1. At the time of pubhc hearIng, the p.jQ~T~~~IHyIf~~lop~i Department shall present the case statmg recommendatIOns, the applicant shall state hIS or her case, then any person m favor or opposed to the request shall be heard and the apphcant shall be given the opportumty to reply Each sIde shall be gIven an opportumty to summarIze ItS case. At the conclusIOn of all the eVIdence, the Board shall declare the ubhc hearIng closed. i1~~"ici~ . gr,i!!I..DL . ~~~:~~,(:)f1~tlj~~'1wl1J~ejfftfieeilfiaa~$e~~U&1v>>tg:P~s.~~tF~tS: (b)+~~"~; Ifthe;;'ariliht~ _6 I.t~. 'Wel!ld italtef.f:lf~:~se$i.at~er etfll.e'&ei:i~ - (e) ARTICLE V: DISPOSITION OF CASES 1 Every deCISIon of the Board on any case shall be by resolution mdlcatmg the reasons of the Board therefore RcsolutlOns shall specIfy type of actIon requested, amount of rehef -3- granted for what purpose and any stipulatIons or condItIons. 2. The Board shall take actIOn on every request for rehefto eIther approve, deny, approve wIth modificatIOns or contmue the heanng. A concumng vote based on the adjusted maJonty table set forth below shall be necessary to grant any vanance, Waiver, temporary bUlldmg or use permIt, any mterpretatlOn or flood plam special exceptIOn permIt or any matter requITIng decIsIOn by the planmng commISSIOn or the cIty council. All other actIons shall be taken by maJonty vote of the members present. If a resolution or motIon faIls to receIve the reqUIred number of votes m favor of the apphcant, the actIon shall be deemed a demal, and a resolutIOn denYIng the request shall be entered in the record. Adjusted MaJonty Vote TabulatIon Table Members Present Votes Needed to Approve 8 7 G 5 6 6 5 4 3 The case may be contmued; tabledW'Pastpolied by a vote of sImple maJonty for an mdefimte penod of tIme or for a gIven penod of tIme. If the case IS contmued for an mdefimte penod of tIme, the hea ion shaIH1~: . Section 26-109"or~rWbeat ill If the case IS contmued ' for a defimte tIme, no addItIOnal notIce shall be gIven. - 4 ApplIcants may request a reheanng m front of the Board. ~T-be request for a reheanng canbe.eatertala~unlesG~h.reqU.esti$tnuStbe filed m the office of the ~cit!:ffl'(jlty Clerk wlthm thIrty (30) days from the date of the ongmal deCISIon on the case~:i~Pd l:U!t~~N~ew eVldence-i$:~I!~(I)~ submItted m wntmg whIch could not have been, wIth due dIlIgence, presented at the prevIous heann9.. .~...~ the next regularly s~heduled lTIeetIngr'Of theB~.~rd sh.11tt,eadt'itlb~'n~'\Wia;~i)~~a~ants:afelt1iiiDg"i1)l1641.~g th\!l-)rigjl):!.\l!1~~t1iQ1t upon affirmatIve vote as specified under Article ~~ SectIon 2;iJf the request for a reheanng IS granted, the case shall be put on the next available calendar for a reheanng, and partIes appeanng m the ongmal case shall be notIfied of the date of reheanng. 5 Only one postponement of a heanng at the request of the apphcant IS allowed unless approved by the required number of affirmatIve votes as specIfied under ArtIcle W%i~, SectIon 2 of the Board. Unless Impossible, applIcant may be at the scheduled heanng and ask for a postponement m person or notIfy the pf_gQ6.tij~ti~ffl~Ti1e~iaplij~Qt Department of the request for postponement m advance of the heanng. If the heanng IS postponed, the case w1l1 be placed last on the agenda for the next meetmg. No renotlficatlOn of the heanng shall be reqUIred, however, the applIcant w1l1 be reqUIred to re-post the property 4- 6. lf~~ ap~hca~t~rr~gr~~e~t~tIve falls to appear for the scheduled heanng, the case ~U mii$i;~~lM~~ijl!iQ:'(l;~~l. be placed on the next avmlable meetmg of the Board. The Item shall be placed last on the agenda. RenotIficatlon of the heanng shall be reqUired. ARTICLE VI: ADOPTION AND SUSPENSION OF RULES I. Amendments to these Rules of Procedure may be proposed and approved by the Board of Adjustment at any regular meetmg upon the affirmative vote of a sImple maJonty of members present. CopIes of such amendments shall be filed WIth the City Attorney and thereafter, forwarded to the City CouncIl for approval. ARTICLE VII: OFFICERS 1 At the November meetIng of each year, the Board shall elect a presIde at meetmgs dunng the enSUIng year, and a Vice presIde at meetIngs dunng the absence or dlsabihty of the Neither the ~~~".Mts~" nor Vlce;~" succeed hIm or herself. In the absence of both the ~rman{;:ij#iij)~r$i),D, the semor member of the Board shall presIde 2. The ~~~...~~~, subject to these rules, shall decide all pOInts of order and procedure, unless otherwise directed by a resolutIon passed by a simple maJonty of the Board members present. -- 3 The secretary, who shall not be a member of the Board, shall be provIded by the City to record minutes ofmeetmgs, assemble documents, duphcate reports, and perform such other c\encal dutIes as the Board shall from tIme to tIme aSSIgn Such clencal employee shall serve under the ImmedIate supervIsion ofthe head of the department assIgned to work WIth the Board. Chmrperson Date Rev 3/l 7/06 ~5- mmY~mM CITY OF WHEAT RIDGE, COLORADO PUBLIC WORKS SHOP 11220 W. 45th Ave. (45th & Pierson) May 16. 2005 Mayor pro tem Larry Schulz called the meeting to order at 7 17 p.m City Council members present: Karen Berry, Wanda Sang, Dean Gokey, Karen Adams, Mike Stites, Larry Schulz, Lena Rotola. Mayor Gretchen Cerveny and Jerry DiTullio were absent. Also present: City Clerk Pam Anderson; Randy Young, City Manager; Patrick Goff, Deputy City Manager; Tim Paranto, Director of Public Works; Alan White, Director of Community Development; staff The following members of the Board of Adjustment were also present for Agenda Item 2 Betty Jo Page, Robert Blair, Robert Howard, Thomas Abbott, Janet Bell, Daniel Bybee, and Paul Hovland Item 1. Public Works Shop Tour (6:00 p.m.) Council members, staff and a few members of the Board of Adjustment participated in a tour of several project sites and the buildings and facilities at the public works shop - ~2. Joint Meeting with the Board of Adjustment Mayor pro tem introduced the discussion of Council Bill 05-2005 An Ordinance Amending Section 2-53 (d) of the Wheat Ridge Code of Laws Pertaining to Voting Rules for the Board of Adjustment. Mr Gokey stated that other municipalities vary in their approach and voting procedures. He stated that he was not particularly opposed to continuing the way it is .' Board of Adjustment member Abbott distributed a white paper outlining his reasons for opposing the changes on the voting procedures They included the Board should be conservative in the variance of a previously approved ordinance because an ordinance passed by elected officials should not be easily varied by appointed designees, public dissatisfaction with the super-majority vote is minimal, Board approvals run with the land, not the appellant. Mr Abbott described the "hardship" test for approval and his belief that application of a simple majority will only change the outcome of a very few marginal cases He suggested that an alternative approach might be to lessen the "hardship" test or broadening the ordinance language with respect to setbacks. Board member Blair suggested the use of alternates on the Board to insure a full attendance of members. He supported maintaining the current voting procedures ATTACHMENT 2 . STUDY SESSION MINUTES: May 16, 2005 2 Board member Hovland stated that if the laws are good in the first place, you don't need to water down the rules. He said that the super-majority rules are a good idea. Mrs Sang agreed that the use of alternates was a good option. Ms Berry stated that she did not feel that we need to make a change right now, and that broader criteria considering impacts, a more performance-based zOning, should be considered Board member Bybee stated he did not see a compelling reason why the rules should be changed Board member Howard discussed the issue of legal protest. Board member Bell stated that alternates were an option, and discussed the difficulty in applying one rule to such a variety of cases, due to the nature of the current zoning in the City. l' Mr. Stites stated that possibly modernizing the system should be considered and that a simple majority should be an option to look at. Recess called at 8.27 p m The meeting resumed at 8 37 p.m. Approval of the Minutes of May 2, 2005 Approval of the Aqenda - Mr Gokey asked to add an Item 5 A brief discussion of the general study sessions Approval of the agenda as amended Item 3. Staff Reports 3a. Budget Supplemental Appropriation - Senior Community Center Staff Position ; City Manager Randy Young introduced the item and Deputy City Manager Patrick Goff presented the staff report. He briefed the Council on the upcoming proposal to reinstate the 5 FTE Recreation Clerk at the Senior Center Mr Stites stated that we should look very carefully at the issue and consider the spending Mrs Adams said that the seniors were a part of the sales tax issue Item 4. No Proof of Insurance Penalty Ordinance Mr Goff presented that staff report regarding amending the No Proof of Insurance penalty provisions of the Colorado Municipal Traffic Code to conform to the changes in the Colorado Revised Statute~ S 42-4-1409 The draft ordinance will be scheduled to come before Council at a regular City Council meeting = ITEM NO: 4. REQUEST FOR CITY COUNCIL ACTION l=::l L:j COUNCIL MEETING DATE: May 8, 2006 TITLE: RESOLUTION 19-2006: A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $46,521 FOR ACCEPT ANCE OF THE SAFE ROUTES TO SCHOOL GRANT o PUBLIC HEARING o BIDS/MOTIONS [8J RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 [8J Yes No -(mg~41 ~C~Jcsy City Ma er EXECUTIVE SUMMARY: The Thriving Wheat Ridge partnershIp has received a grant from the Colorado Department of Transportation in the amount of $46,521. The grant is entitled Safe Routes to School and is an educational grant with components that include but are not hmIted to' traffic safety, safe routes map, public awareness campaign, walking/bicycle audit for school officials, crossing guard and escort programs, a walk/bike to school day special event. The acceptance of this grant meets the strategic planning goal of Strong Partnership Between City and Community A consensus by council was reached at the premeeting on April 24, 2006 to bring this item forward for action. COMMISSIONIBOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: A requirement for acceptance of thIS grant is that the agency receiving the funds be a governmental entity The grant is also a reimbursement grant. The money will not be received unhl the funds have been expended. In order for the grant to be admInistered the City will be required to provide the funds prior to being reimbursed by the State. The grant funds will be paid to The Livable Communities Support Center, the agency contracted through ThriVIng Wheat Ridge to actually admInister the grant. A contract outlining responsibllihes of each agency is attached. ALTERNATIVES CONSIDERED: To not accept the grant funds and therefore not amend the budget. FINANCIAL IMP ACT: The City will be reimbursed the entire amount of the grant. There will be some In-kind costs associated with the staff time to process the payments and request reimbursements for the grant. RECOMMENDED MOTION: "I move to approve Resolution 19-2006: A Resolution Amending the Fiscal Year 2006 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount 01'$46,521 for Acceptance of the Safe Routes to School Grant." or, "I move to deny approval of Resolution 19-2006' A Resolution Amending the Fiscal Year 2006 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of $46,521 for Acceptance of the Safe Routes to School Grant for the following - reason( s) " Report Prepared by' Joyce Manwaring, Parks and Recreation Director Report Reviewed by: Patrick Goff, Deputy City Manager Attachments: 1 Contract - Livable Communities Support Center 2. Resolution 19-2006 3. Letter dated February 8, 2006 from Mayor DiTullio to Betsy Jacobsen 4 Letter dated April 17, 2006 from Elise Lubell to Mayor DiTullio 060508 Safe Routes to School CAF .doc Agreement Concerning Project Administration and Management of the Safe Routes in Jeffco Project: Between The Livable Communities Support Center, a program of Civic Results and The City of Wheat Ridge, Colorado THIS AGREEMENT IS entered mto as ofthe _ day of _, 2006 by and between the LIvable commumhes Support Center ("LCSC" or "Contractor") and the CIty of Wheat RIdge, Colorado ("Wheat RIdge" or "CIty"). For and m consideratlOn of the mutual promIses and agreements contamed herem, the partIes agree as follows. Scope of Work: Livable Commumties Support Center wIll provIde all project admmlstratlon, coordmation and management servIces to Implement the Safe Routes m Jeffco project, as described on the attached Exhibit A. PaIge Heydon-McCrary wIll be the lead person for LCSC (heremafter known as consultant) and will coordmate actIvIties and prIOrItIes for the Safe Routes m Jeffco project. ThIS scope of work IS for servIces scheduled to be accomplIshed between June 1'\ 2006 through May 315\ 2007. - Contractor Responsibilities: The Contractor will manage and Implement the followmg educatIOnaL programmatIc and promotIOnal components of the Safe Routes m Jeffco project: · EstablIsh and mamtam Safe Routes m Jeffco Stakeholder Group · Hold Walk/Bike to School Day at VIvian, Pennmgton and Stevens Elementary Schools. . Create an Escort Program (l.e.,Walkmg & BIcyclmg School Bus Program) . Create a Crossmg Guard Program. . Walkmg/Blcyclmg AudIt for School OffiCIals . PublIc Awareness Campaign. . Student Traffic Safety Obstacle Course . Safe Routes Map for each of the target schools. ATTACHMENT 1 Proiect Budl!et: The approved budget for the Safe Routes In Jeffco project IS as follows. External personnel' $12,250 WalkabllIty expert, teachers for Safety Obstacle courses, Volunteer Coordinator to Implement Escort Programs, Crossing Guard Program staff. Internal personnel. $19,500 Project AdminIstratIon and Project Management EqUIpment and SupplIes. $11,821 PromotIon and Advertising: $2,950 Total project budget: $46,521 Fees and Payment Schedule: 1) ServIces wIll commence June 15\ 2006 and end on May 31, 2007.LCSC will prOVIde invOIces to Wheat RIdge on a monthly basls. Wheat RIdge agrees to pay Livable CommunItIes Support Center for servIces and expenses outlined In thIS scope of work. The total amount payable to LCSC wIll not exceed the amount of the CDOT Safe Routes In Jeffco grant agreement of$46,521. Checks WIll be made out to Llvable CommunItIes Support Center and maIled to 1009 Grant Street, Ste. 203, Denver, CO 80203 2) Wheat RIdge wIll, based on the paId invOIces submItted for the project by LCSC, invOIce the Colorado Department of TransportatIOn's Safe Routes to School Program once each month m order to obtam reImbursement. Orl!anizational Status of LCSC' LSCC IS a program of the CiVIC Results, a 501(c)3 organIzatIOn. CiVIC Results Employer ID # IS 84-1409737 Compliance with TABOR \ The partles understand and agree that all payment oblIgatIons of the CIty under thIS Agreement are subject to the approval ofpnor appropnatlOn by the CIty Council. ThIS Agreement does not create any multi-year fiscal oblIgatIOn of the City WIthin the meanIng of ArtIcle X, SectIOn 20 of the Colorado ConstItutIOn. Independent Contractor; Insurance; Indemnification LCSC IS an mdependent contractor, and shall not be considered for any purpose an agent or employee of the City LCSC shall be solely responsible for compensatlOn of ItS employees and subcontractors, If any The parties agree to mdemmfy and hold each other harmless for and agamst any claims or causes of actlOn, mcludmg any damages, costs and attorney fees, for any claim ansing out ofthe performance of this Agreement. Each party shall be responsible for ItS own neglIgent acts and omIssions and those of ItS agents and employees. The CIty does not waive the Immumtles granted by the Colorado Governmental Immunity Act. Each party shall have the responsibIlIty to mamtam adequate msurance coverage to satisfy ItS oblIgatlOns under thiS Section. - tfl-<J ~~ 1J114 c ~ itle Jerry DitullIo, Mayor City of Wheat R]dge Approved as to Form Gerald Dahl, CIty Attorney Pam Anderson, CIty Clerk Exhibit A Safe Routes in Jeffco Program Description [ attached] RESOLUTION NO. 19 Series of 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROV AL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $46,521 FOR ACCEPT ANCE OF THE SAFE ROUTES TO SCHOOL GRANT WHEREAS, the City of Wheat Ridge supports a strong partnership between City and community; and WHEREAS, the City Council supports area schools, WHEREAS, the City of Wheat Ridge wishes to facihtate programs to support health and wellness in the commumty; and WHEREAS, the City of Wheat Ridge recognizes the importance of pedestrian and bicycle safety; and WHEREAS, staff recommends accepting this grant to facilitate these programs; and - WHEREAS, the Wheat Ridge Charter reqUires that amendments to the budget be effected by the City Council adoptmg a Resolution, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The followmg amendment to the 2006 General Fund budget IS hereby approved. (a) A supplemental budget appropriation from General Fund undesignated reserves in the amount of $46,521 to account #01-602-700-750 for the purpose of expending the Safe Routes to School Grant. This resolution shall be effective immediately upon adoption. DONE AND RESOLVED THIS DAY MAY 8, 2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 2 .\lEAl' (>l0l'l:ftl MAYOR Jerry DiTullio (103) 235-2800 CITY CLERK Pam Anderson (303) 235-2823 CITY TREASURER Mary Cavarra (303)235-2810 COl''1C1L !\IEMBERS ,301) 235-2816 - DISTRICT I Karen BeT'T)' Terry Womble DISTRICT II Enos "Dean" Gokey Wanda Sang DISTRICT III Karen Adams Mike Stites DlSTRlCf IV Lena Rotola Larry Schulz CITY OF WHEAT RIDGE 7500 West 29th Avenue Wheat Ridge, CO 80033 Fax (303) 234-5924 February 8, 2006 Betsy Jacobsen Safe Routes to School Coordinator Colorado Department of Transportation 420 I East Arkansas Avenue, EP B606 Denver, CO 80222 Dear Ms. Jacobsen, On behalf of the City of Wheat Ridge, I am writing in support of the Livable Communities Support Center's Safe Routes in Wheat Ridge proposal to the Colorado Department of TransportatIon. The City of Wheat Ridge will be a full partner in the Safe Routes in Wheat Ridge project. The focus of this project would be Stevens, Pennington and Vivian Elementary Schools m the Edgewater and Wheat Ridge ArtIculation areas of Jefferson County These three schools were selected because they serve both lower- income and predominantly mmority communities withlll the Cities of Wheat RIdge and Lakewood. It is our hope that this project would move us towards reducing health dIsparitIes among the different communities III Wheat Ridge. At a time when funding for formal phYSIcal education programs III schools is at an all time 10"", the timing for a Safe Routes program in these communities is critical. Livable Communities Support Center and the Jefferson County Department of Health and EnVIronment (JCDlIE) also manage the Thriving Wheat Ridge project. Because of this, Livable Communities IS already, in many instances, networked in to the Wheat Ridge community Livable Communities and ItS partners will be able to build on these existing positIve relationships and more effectIvely implement the Safe Routes in Wheat Ridge project. A Safe Routes III Wheat RIdge program would be a tremendous asset to Stevens, Pennington and VIVIan Elementary Schools and to the Cities of Wheat Ridge and Lakewood. On behalf of the City of Wheat RIdge, we strongly support this proposal. lly, D;~ yor, CIty of Wheat Ridge pc- file ATTACHMENT 3 Jefferson Count~ - Department of Health and Environment 7(1 (recl!c pro/J/(lte & l'l1!UJlU (' hea/rh c\ 1'ita/1I1 t/II","~h /llllO\ alion {(lllall{lrauofl {{lid (chhtllf/(lJl \dministration IWI I'ith ~trc'd t ;"lu,'I1. 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Everyday, Everywhere, El'el}'ollc April 17,2006 The Honorable Jerry DiTullio, Mayor CIty of Wheat Ridge 7500 West 291h Avenue Wheat RIdge, CO 80033 Dear Mayor DiTullio, On behalf of the Thriving Wheat Ridge Partnership, we are pleased to report that the Safe Routes to School Grant Review Committee wiJl be recommending our proposal to the CDOT Transportation Committee in May for fuJI-funding. The Safe Routes in Jeffco project is a non- infrastructure grant and wiJl target Pennington, Stevens and Vivian Elementary Schools in Jefferson County. The total amount of the grant awarded, with funds to begin being administered on June 1 SI, wiJl be $46, 521. The Safe Routes funding will go primarily to fund the following strategies: . Assessing the impediments to walking and bicycling at each school Raising public awareness and establishing stakeholder groups (teachers, parents, other community volunteers) to support a walkinglbicycling in neighborhoods Bicycle and pedestnan safety traming and education Promotion of walking and bicycling to school . . . Once we have received the formal notification of our award in mid- May, we will convene a formal advisory group meeting. Please let us know who, if not yourself, in your office you would like us to commulllcate with about the project from this point forward. We would like to thank you for your support of the Safe Routes ill .Teffl'O proposal. We look forward to working with you in this collaborative educational effort, which we are hopeful will put the Jefferson County school distnct in a strong position for additional Safe Routes funding in the future. If you have any questions about the project in the meantime, please feel free to contact either myself (e\ubell(aJjeffco.us) or Paige Heydon- McCrary (paige@civicresults.org). RJr"f~IIY,. -/ ~ E~J7\/ Director of Health Promotion Thriving Wheat Ridge Project Director ATTACHMENT 4 (} ITEM NO s. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE- May 8, 2006 TITLE: RESOLUTION 20-2006: A RESOLUTION AMENDING THE FISCAL YEAR 2006 CONSERVATION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $38,070 FOR THE PURPOSE OF COMPLETING THE PARKS AND RECREATION MASTER PLAN AND AWARD OF A CONTRACT TO EDA W, INC. o PUBLIC HEARING ~ BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR I ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial. 0 ~ Yes No f~l!~~djji ~~q~ City Man r ~ EXECUTIVE SUMMARY: The contract to complete a Needs Assessment for the Parks and Recreation Department was awarded in January 2006 This assessment is the first step in completing a Master Plan for the Parks and Recreation Department. A Master Plan will provide the City with a policy document by which to guide future decisions regarding facilities and park amenities. The Master Plan Scope of Work will include the following components: · Create a Vision, Goals and Policies for the document using existing policy and regulatory documents, goals and strategic plans · Policy for park development · Parkland Levels of Service and Classifications . Proposed Parks and Improvements to Existing Parks · Recommendations on RecreatIOnal Programs and Facilities · Implementation and Action Plan · Staffing Needs · Financing and ImplementatIOn Tools EDA W, Inc., Fort Collins, CO, was awarded the Needs Assessment contract. Based on qualifications, expenence, understanding of the scope of work and the current work on the document, statl recommends contract award to EDA W, Inc. in the total amount of $38,070 Fees were negotiated. A consensus to bring this item forward for council action as a budget amendment and contract award was reached at the study session held March 6, 2006. Completing a Master Plan for Parks and Recreation meets the strategic plan goals of Strong Partnership Between City and Community and More Leisure Amemties. COMMISSIONIBOARD RECOMMENDATION: The Parks and RecreatIOn Commission supports the completion of a Master Plan. STATEMENT OF THE ISSUES: The current Master Plan for the City of Wheat Ridge was completed in 1992 and updated in 1998. Many of the projects in the plan have been completed. Completion of a new Master Plan is recommended to meet the needs of the citizens of Wheat Ridge In providing Park and Recreation servIces for the future. MOVIng forward with the Master Plan while in the process of completIng the Needs Assessment ensures the information gathered is timely and pertInent as a basis for the recommendations of the Master Plan. Developing the Needs Assessment and Master Plan as one document will be a more efficient and seamless process. ALTERNATIVES CONSIDERED: To not approve the resolution and therefore not complete the Master Plan. FINANCIAL IMPACT: Amending the Conservation Trust Fund by the amount designated will leave an estimated fund balance carryover of $125,785 for 2007. RECOMMENDED MOTION: "I move to approve Resolution 20-2006: A Resolution Amending the Fiscal Year 2006 Conservation Trust Fund Budget to Reflect the Approval of a Supplemental Budget AppropnatIon in the Amount of $38,070 for the Purpose of Completing the Parks and Recreation Master Plan and Award of a Contract to EDA W, Inc." or, "I move to deny approval of Resolution 20-2006 A Resolution Amending the Fiscal Year 2006 Conservation Trust Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of $38,070 for the Purpose of Completing the Parks and Recreation Master Plan and Award of a Contract to EDA W, Inc. for the following reason(s) " Report Prepared by: Joyce Manwanng, Parks and Recreation Director Report Reviewed by: Patrick Goff, Deputy City Manager Attachments: 1 Scope of Work 2. Task List 3 Schedule 4 Resolution 20-2006 060508 Master Plan CAF EDAW.doc - Wheat Ridge Parks and Recreation Master Plan April 20, 2006 Scope Tasks 1 through 4 are part of Phase 1 - Needs Assessment, and are described in a different document. This scope continues beyond the Needs Assessment to the development of the Parks and Recreation Master Plan for the City Task 5 - Vision, Goals and Policies Using existing City policy documents, regulatory framework and the needs assessment as a reference point, a vision statement, goals and policies will be formulated to guide the direction of the plan These will be drafted and refined through the planning process. One work session with the Parks and Recreation Commission (PR Commission) will be devoted to crafting a vision statement, and reviewing and refining and policies. The policies may include statements about desired park standards and levels of service, quality of parks, cost recovery through fees and partnerships. They will be revisited and further refined as needed throughout the process. Task 5 Products · Summary Memorandum Task 6 - Parks Plan This task involves developing the policy criteria for the development of parks, specific recommendations regarding existing parks (or construction of new ones with redevelopment), and maintenance staff needs 6.1 Parkland Levels of Service and Parks Classifications The EDAW team will work with the PR Commission to define parkland and facility standards, and definitions for each type of park and open lands that the City currently provides or desires to provide A list of policy criteria may include the following · Population served (e g , acres per 1,000 population) . Service radii or walking distances · Minimum acreage necessary and maximum slope possible to meet facility design requirements . Level of development and maintenance expectations · Typical facilities . Natural resource considerations · Parks, trails and open space system linkage · Land use compatibility · Transportation factors The implications of selecting a particular parkland or facility level of service standard will be discussed with the PR Commission and explained in terms of ATTACHMENT 1 additional land area required, capital and operations and maintenance costs, as well as anticipated changes in the satisfaction levels of area residents. 6.2 Proposed Parks and Improvements to Existing Parks Based on the classifications and standards developed above, as well as the needs identified in the inventory of existing parks, recommendations for new parks and enhancements to existing parks will be developed These recommendations will also include recreational facilities in parks that are needed to support the recreation programs provided by the City and others, as described in Task 7 Park projects will be located on a master plan map and budgetary costs prepared with assistance from staff Task 6 Products . Memorandum of Park Standards, preliminary park projects list and descriptions, and budgetary costs . Master Plan Map and Supporting Text Task 7 - Recreational Facilities and Programs This task involves developing specific recommendations regarding the quantity and location of programmed and self-directed facilities, (including major recreational buildings) and potential changes or additions to recreational programs 7.1 Facility Level of Service Standards This subtask defines the specific level of service that is targeted for each. For example, full-size soccer fields may be short in the community, but mini-fields may not. Ballfields vary in size according to the age group using them. People may desire better access to trail systems, so criteria for providing this access within a certain proximity may be desirable. Community performance areas or group picnic facilities may be in short supply Facilities should be matched to the recreational needs of the varying user groups. Therefore, we propose to analyze each type of facility, document the physical requirements of each, and establish a level of service standard that will guide the City in the construction of additional facilities, or improvements to transportation systems and roads if needed 7.2 Proposed Outdoor Recreational Facility Projects Specific recommendations on additional needed facilities, such as adult softball fields, football fields, tennis courts, basketball courts, youth soccer fields etc., will be documented and budgetary costs provided where applicable The distribution of these facilities through the City and surrounding region will also be defined to meet the specific needs of the community Task 7 Products . Memorandum of Recreation Facility Standards and Projects 2 Task 8 - Implementation Strategies and Action Plan This task involves documenting existing funding sources and identifying potential new tools for acquiring, developing and managing parks and recreation facilities and programs One of the key components will be identifying priority projects, which should be addressed in the near term. Another key component is recommendations regarding the staffing levels of the Parks and Recreation Department in support of the recommendations in the plan 8.1 Department Staffing Needs The future needs of the department may be defined in work sessions with staff and reviewed with the PR Commission. To the extent possible, staffing levels and general budget requirements to operate, program and maintain the City-wide system will be defined 8.2 Financing and Implementation Tools EDAW will compile information regarding current and potential financial practices and policies used by the City This discussion of the various funding sources and implementation tools may include. . Sales Taxes . Development Regulations and Exactions . Property Taxes . Concessions . Grants . Partnerships . Foundations . Donations . User Fees . Other 8.3 Action Plan The action plan will identify specific projects, policy changes and other actions that are necessary for implementing the plan High priority projects will generally include those needed within the next 5 years, while lower priority projects may happen in years 6-10 Each action will include costs, responsible parties and potential fundinglimplementation sources. Task 8 Products . Summary Memorandum Task 9 - Plan Production and Adoption The purpose of this task is to communicate the vision of the plan in a form that is easily understood A draft master plan will be prepared that documents the process, shows how the recommendations were formulated, and displays the results in a concise format. This task will shape the results of the prior analytical 3 process into a master plan for guiding the short- and long-term future of parks and recreation in Wheat Ridge The preliminary draft will be for staff review Comments will be incorporated and a draft Master Plan prepared The draft plan will be presented to the PR Commission and other Commissions as needed to receive comments. These meetings should be advertised to the public and copies of the document made available The draft plan and comments received to date will be presented to City Council for adoption Comments will be incorporated into the Final Master Plan Report, as applicable The format of the report and the depth of comment revisions will be mutually agreed upon by the City and the consultant team prior to their inclusion in the final master plan document. Task 9 Products . Preliminary Draft Master Plan 5 copies for staff review purposes . Draft Master Plan Report: 5 copies plus original for reproduction and distribution by City staff . Draft Master Plan Maps. 1 copy each at full-size . Final Master Plan Report: 5 copies, plus original for reproduction and distribution by City staff in digital form . Final Master Plan Maps copies at full-size Task 10 - Meetings and Public Involvement The following meetings are included in this scope of services . TAC Meetings - 3 . PR Commission Meetings - 2 . 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II) <D t<- oo en (V) _111 -" -" -" -" -" -" -" -" -" Q) III III III III III III III III III Qj J: C {2. {2. {2. {2. {2. {2. {2. {2. {2. <5 ~ w z ATTACHMENT 3 RESOLUTION NO. 20 Series of 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2006 CONSERV A TION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $38,070 FOR THE PURPOSE OF COMPLETING THE PARKS AND RECREATION MASTER PLAN WHEREAS, the City of Wheat Ridge supports a strong partnership between city and commumty; and WHEREAS, City Council supports options and choices for residents leisure time, and WHEREAS, the City Council wishes to plan for future parks and recreation needs; WHEREAS, the City of Wheat Ridge recognizes the importance of providmg quality park and recreation serVices, facilities and amenities; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adoptmg a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The following amendment to the 2006 Conservation Trust Fund Budget IS hereby approved. (a) A supplemental budget appropriation from ConservatIon Trust Fund undesignated reserves in the amount of $38,070 to account #54-601-800-862 for the purpose of completing the Parks and Recreation Master Plan. This resolution shall be effectIve immediately upon adoption. DONE AND RESOLVED THIS DAY MAY 8, 2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 4 1)tstYiW~ (...,1 v~~" I<-~ (9 H~ f)lo~/o(, 1m MUi=<~AY CAHL >CUEGHENMEI5TE>'l qENAL::> LLP ....: '" r.~.o.T .-;, ~-). , ,r~.-i F r-,.- _..1 r.r " , "."r MEMORANDUM TO: Mayor DiTullio, City Council Members FROM: Gerald E. Dahl, Debra S Kalish, City Attorney's Office DATE: May 8, 2006 RE: Specified Crime Property Act, Request for Direction In 2001, the City adopted Ordinance No 1219, which made it "unlawful for any structure to be employed or used as a specified crime property within the city" (the "Ordinance") In recent months, the City has considered bringing charges against property owners for violating the Ordinance, but has encountered procedural challenges to enforcement of the Ordinance We reviewed the current language of the Aurora specified crime property ordinance (the "Aurora Act"), after which the Ordinance was originally patterned, to examine how Aurora might have modified the Aurora Act to meet these challenges, While the City's Ordinance and the Aurora Act are very similar, Aurora's Act has several major differences. . The illegal acts taking place in a specified crime property are limited to those involving drugs, gambling and prostitution. These illegal acts do not include theft by receiving, disturbing the peace, violations of the Colorado Liquor or Beer Codes, offenses relating to firearms and weapons, disturbing the peace, or allowing buildings to be inadequately maintained or over-occupied. What this change does, in effect, is to limit the illegal activities to certain serious criminal infractions . There is no required number of violations to trigger designation as a specified crime property . There is no required time limit. (Wheat Ridge requires 5 violations within a 12-month period.) . The Aurora Act no longer includes a separate violation of the specified crime property ordinance, abatement procedures, or a 15-day prior notification for a violation of the specified crime property ordinance Enforcement of Aurora's Act is simpler If a property is being used for drug manufacture, production, sale, delivery or distribution, or possession, for gambling or for prostitution, the chief of police can bring an action for closure Aurora must simply prove that the structure is being used as a "specified crime property." Given the current enforcement issues the City is confronting, we believe it may make sense for the City to make changes in its specified crime property ordinance that are similar to those made by the City of Aurora, We are asking for Council's direction regarding whether to pursue possible amendments to the City's specified crime property act. City of Wheat Ridge In this space there is a large scale map that could not be scanned at this time. Please see the City of Wheat Ridge Clerks office if you would like to see the map. Thank You. City of Wheat Ridge In this space there is a large scale map that could not be scanned at this time. Please see the City of Wheat Ridge Clerks office if you would like to see the map. Thank You. CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO. 1 PUBLIC BEARING BEFORE THE WHEAT RIDGE CI"l"Y COUIITCIL CASE NO. COUIITCIL BILL NO. TITLE: STREET qIDTH DESIGNATION FOR YOUNGFIELD STREET, 38th to 44th Avenues. ,. I PLEASE PRINT YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED /<:2 VJ1A- F clJ &1.{ ,<: /"'\ "Y1 IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGE 1 CITIZENS' RIGHT TO SPEAK DATE: May 8, 2006 ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEMS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. 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