HomeMy WebLinkAboutCity Council Agenda Packet 03-09-20AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 9, 2020
7:00 p.m.
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CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES
APPROVAL OF MINUTES
Council Minutes of February 24, 2020 APPROVAL OF AGENDA
CITIZENS’ RIGHT TO SPEAK
a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the PUBLIC COMMENT ROSTER.
b. Citizens who wish to speak on an Agenda Item, please sign the GENERAL AGENDA ROSTER. c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC
HEARING ROSTER before the item is called to be heard. d. Citizens who wish to speak on Study Session Agenda Items for a maximum of 3 minutes and sign the STUDY SESSION AGENDA ROSTER.
1. CONSENT AGENDA
a. Motion to approve a contribution to the Wheat Ridge Business District in the amount of $90,000 for a matching grant program
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 04-2020 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the design and platting of multifamily development and attached single family homes
CITY COUNCIL AGENDA: March 9, 2020 Page -2-
3. Resolution No. 15-2020 - a resolution approving a major subdivision plat onproperty zoned Mixed Use – Neighborhood (MU-N) and located at 6230 W. 38th
Avenue
ORDINANCES ON FIRST READING
4. Council Bill No. 05-2020 - an ordinance approving an amendment to the existingPlanned Mixed Use Development (PMUD) zoning to increase the allowableheight for hospital uses at Clear Creek Crossing
5.Council Bill No. 06-2020 - an ordinance approving the rezoning of propertylocated at 9800 W. 38th Avenue from Residential-One (R-1) to PlannedResidential Development (PRD) with an Outline Development Plan (ODP)
6.Council Bill No. 07-2020 - an ordinance vacating any interest held by the City in a
portion of Youngfield Service Road, a public roadway
DECISIONS, RESOLUTIONS AND MOTIONS
N/A
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 24, 2020
Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS Zachary Urban Judy Hutchinson Amanda Weaver Leah Dozeman Rachel Hultin Korey Stites Janeece Hoppe Valerie Nosler Beck
Also present: City Clerk, Steve Kirkpatrick: City Attorney, Gerald Dahl; City Manager,
Patrick Goff; Police Chief, Chris Murtha; Judge Chris Randall; Director of Administration
Allison Scheck; City Treasurer, Chris Miller; other staff, guests and interested citizens.
PROCLAMATIONS AND CEREMONIES
His Honor Judge Christopher Randall administered the Oath of Office to Chief of Police
Christopher Murtha.
APPROVAL OF Council Minutes of February 10, 2020, and Special Study Session
Notes of February 10, 2020
There being no objections, the City Council minutes of February 10, 2020; and Special
Study Session Notes of February 10, 2020 were approved as published with two corrections. On page 1, Jim Lorentz proper title is Division Chief with the Wheat Ridge Police Department. On page 4, Mr. Urban’s consensus during the Special Study Session should read a maximum of $15,000.00.
APPROVAL OF AGENDA
Approved without change or objection.
CITIZENS’ RIGHT TO SPEAK
No person came forward to speak.
CONSENT AGENDA
Councilmember Stites introduced the Consent Agenda.
a. Resolution No. 12-2020 - a resolution amending the Fiscal Year 2020 Budget to reflect the approval of a supplemental budget appropriation for
the re-appropriation and re-encumbrance of the 2019 fiscal year encumbered funds in the amount of $10,442,147.94
City Council Minutes February 24, 2020 page 2
b. Resolution No. 11-2020 - a resolution amending the fiscal year 2020
General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $15,000 for the purpose of pursuing and funding a Historic Structure Assessment grant
c. Resolution 14-2020, a resolution amending the Fiscal Year 2020 2E Bond Fund Budget to reflect the approval of a supplemental budget
appropriation in the amount of $401,375 for the purpose of awarding a contract to AECOM Technical Services, Inc., for the period of January 1, 2020 to December 31, 2020, in an amount not to exceed $1,487,071 and approving payments for ongoing program management services for the Investing 4 the Future program.
Motion by Councilmember Stites to approve Consent Agenda Items a.), b.), and c);
seconded by Councilmember Urban; motion carried 8-0.
PUBLIC HEARING AND ORDINANCES ON SECOND READING
Discussion of this item began at approx. 7:14 pm, 14 minutes into the recording of the session.
2. Council Bill 03-2020 – An Ordinance amending Section 1-5 of the Wheat Ridge
Code of Laws concerning penalties for municipal court violations
Councilmember Weaver introduced Council Bill 03-2020.
The Colorado legislature passed House Bill 1148 in 2019 amending the length of time to which a person may be sentenced for violations of municipal laws. In a prior session,
the state also increased the amount of the fine that municipal courts could impose for
such violations of municipal laws. This ordinance modifies the Code Laws accordingly
City Clerk Kirkpatrick assigned Ordinance 1685.
Staff Presentation Mr. Dahl recapped the changes in CRS by the legislature last year.
He emphasized that the maximum sentence that can be imposed by the City Judge is
now 364 days, which is rare.
Public Comment - No one came forward to speak.
Council Questions
There were no questions from Council.
Mayor Starker closed the public hearing. Motion by Councilmember Weaver to approve Council Bill 03-2019, an ordinance amending Section 1-5 of the Wheat Ridge Code of Laws concerning penalties for
municipal court violations, on second reading, and that it take effect 15 days after final
publication, seconded by Councilmember Stites; motion carried 8-0.
ORDINANCES ON FIRST READING
City Council Minutes February 24, 2020 page 3
3. Council Bill 04-2020 – An Ordinance amending Chapter 26 of the Wheat Ridge
Code of Laws pertaining to the design and platting of multifamily development
and attached single family homes.
Councilmember Urban introduced Council Bill 04-2020.
Historically, the zoning code has treated attached single family dwellings, or
townhomes, as general “multifamily” development, and very few standards relate
specifically to the townhome building form. Given the increasing prevalence of
townhomes and the steady inquiries staff continue to receive, this code amendment
updates certain provisions that specifically apply to the design and platting of attached
single family dwellings.
Motion by Councilmember Urban to approve Council Bill 04-2020 - an ordinance
amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the design and
platting of multifamily development and attached single family homes, on first reading,
order it published, public hearing set for Monday, March 9, 2020 at 7:00 p.m. in City
Council Chambers, and that it take effect 15 days after final publication; seconded by
Councilmember Stites; carried 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
Discussion of this item began at approximately 7:21 pm, or 21 minutes into the
recording.
4. Motion to approve appointments to Boards and Commissions
Councilmember Hoppe introduced Item 4
The City’s Board and Commission seats are due for appointment. The positions were
advertised in the Wheat Ridge Transcript, on Channel 8, Facebook and the City’s
Website. Current members were contacted by mail and asked if they wanted to serve
another term. All applications were received and compiled by the City Clerk’s Office
and forwarded to the City Council.
In regards to recent resignations, other positions are currently vacant. These include
the Building Code Advisory Board (Districts I and II). All positions were advertised in
the Wheat Ridge Transcript, on Channel 8, Facebook and the City’s Website.
Public comment – No one rose to speak.
District I Appointments
Motions by Councilmember Hoppe, both seconded by Councilmember Hutchinson to
appoint the following:
• Al Gallo to the Building Code Advisory Board, term ending 3/2/23 – Approved by a vote of 8-0.
City Council Minutes February 24, 2020 page 4
• Shawna Black to the Cultural Commission, term ending 3/2/23 – Approved by a vote of 8-0.
District II Appointments
Motions by Councilmember Urban, all seconded by Councilmember Hultin to appoint:
• Larry Richmond to the Board of Adjustment, term ending 3/2/23
– Approved by a vote of 8-0.
• Jason McCullough to the Building Code Advisory Board, term ending 3/2/22 (fills the remainder of a term) Seconded by Councilmember Hultin – Approved by a vote of 8-0.
• Milly Nadler to the Cultural Commission, term ending 3/2/23 – Approved by a vote of 8-0.
• John Route to the Parks and Recreation Commission, term ending 3/2/23
– Approved by a vote of 8-0.
Councilmember Hultin noted that Diane Robb is stepping down from the Cultural
Commission and thanked her for serving in that capacity admirably.
Motion by Councilmember Urban to appoint Vivian Vos to the Planning Commission,
seconded by Councilmember Hutchinson.
During discussion of this motion, Councilmember Hultin moved to amend the
motion to nominate Kristine Disney to the position, seconded by Councilmember
Stites.
The amendment passed by a vote of 6-2, with Councilmembers Urban, Hutchinson
voting nay on the amendment.
Council then voted on the amended motion, to appoint:
• Kristine Disney to the Planning Commission, term ending 3/2/23 – Approved by a vote of 8-0.
District III Appointments
Motions by Councilmember Weaver, all seconded by Councilmember Stites to appoint:
• Laura Sicard to the Board of Adjustment, term ending 3/2/23 – Approved by a vote of 8-0.
During the discussion on this motion, Councilmember Stites thanked Mr. Thomas
Abbott for his 13 years of service on the Wheat Ridge Board of Adjustment.
Council’s decision not to re-appoint Mr. Abbott to the Board of Adjustment in no way
reflects poorly on his service; to the contrary his service has been tireless and
exemplary. There were 4 applicants for 3 positions in District III, and Council
decided that since Mr. Abbott also serves on another board that the fairest way to
handle the situation was to appoint someone new to the Board of Adjustment and
City Council Minutes February 24, 2020 page 5
give that person a chance to serve while Mr. Abbott continues to serve as a member
on a different board. Mr. Stites noted that the service of volunteers like Mr. Abbott is
vital to the City’s efforts to serve our Citizens.
• Deborah Warren to the Cultural Commission, term ending 3/2/23 – Approved by a vote of 8-0.
• Kathy Koniz to the Parks and Recreation Commission, term ending 3/2/23
– Approved by a vote of 8-0.
District IV Appointments
Motion by Councilmember Dozeman to appoint Carol Matthews to the Cultural
Commission, seconded by Councilmember Nosler Beck.
During discussion of this motion, Councilmember Weaver moved to amend the
motion to nominate Paul Hovland to the position, seconded by Councilmember
Stites.
The amendment passed by a vote of 5-3, with Councilmembers Urban, Hutchinson
and Dozeman voting nay on the amendment.
Council then voted on the amended motion, to appoint:
• Paul Hovland to the Cultural Commission, term ending 3/2/23 – Approved by a vote of 8-0.
Motion by Councilmember Dozeman, seconded by Councilmember Stites, to appoint:
• Jan Southcott to the Cultural Commission, term ending 3/2/23 – Approved by a vote of 8-0.
Motions by Councilmember Dozeman, and all seconded by Councilmember Nosler
Beck, to appoint:
• Andy Rasmussen to the Parks and Recreation Commission, term ending 3/2/23 – Approved by a vote of 8-0.
• Chris Schilling to the Parks and Recreation Commission, term ending 3/2/23 – Approved by a vote of 8-0.
• Daniel Larson to the Planning Commission, term ending 3/2/23 – Approved by a vote of 8-0.
At-Large and Alternate Appointments
Motion by Councilmember Hoppe seconded by Councilmember Stites to appoint:
• Tiamo Wright as Alternate to the Board of Adjustment, term ending 3/2/23 – Approved by a vote of 8-0.
City Council Minutes February 24, 2020 page 6
Motion by Councilmember Hoppe seconded by Councilmember Hultin to appoint:
• Robert DeVries as Alternate to the Board of Adjustment, term ending 3/2/23 – Approved by a vote of 8-0.
Motion by Councilmember Urban seconded by Councilmember Hultin to appoint:
• Nathan Hoppe as At Large to the Building Code Advisory Board, term ending
3/2/23 – Approved by a vote of 7-0, with Councilmember Hoppe abstaining due to a familial relationship with the appointee.
5. Motion to approve the appointment of the District II seat to the Wheat Ridge Urban Renewal Authority Board
Councilmember Hultin introduced Item 5.
Motion by Councilmember Hoppe to ratify the Mayoral appointment of Kristi Davis to the
Wheat Ridge Urban Renewal Authority Board representing District II, term to expire
March 2, 2025; seconded by Councilmember Urban; carried 8-0.
During discussion on this motion, Councilmember Hultin thanked Mr. James
Bahrenburg for his excellent service during his tenure and noted he chose not to apply
for re-appointment.
Councilmember Stites raised a point of order: the nominee for this appointment is his
first cousin, and he wondered if that meant he should recuse himself. City Attorney
Dahl replied that Mr. Stites need not recuse himself, because his relationship with Ms.
Davis is not sufficiently close to present an issue in this matter.
6. Motion to approve the appointment of the District IV seat to the Wheat Ridge Housing Authority Board
Councilmember Dozeman introduced Item 6.
Motion by Councilmember Dozeman to ratify the Mayoral reappointment of Janice
Thompson to the Wheat Ridge Urban Renewal Authority Board representing District IV,
term to expire March 2, 2025; seconded by Councilmember Urban; approved 8-0.
7. Resolution No. 13-2020 - A Resolution of the City of Wheat Ridge, Colorado
approving a memorandum of understanding with Jefferson County and the cities
of Arvada, Golden, Lakewood and Westminster Colorado, concerning homeless
navigation efforts.
Councilmember Hutchinson introduced Item 7.
The City of Wheat Ridge is committed to the regional homeless navigation project
efforts to address the increasing number of individuals experiencing homelessness. In
order to best coordinate homelessness navigation among Jefferson County jurisdictions
in their efforts to address homelessness across the County, the partners established a
memorandum of understanding (MOU).
City Council Minutes February 24, 2020 page 7
Staff Presentation
Marianne Schilling – discussed details of the MOU. The City will hire a part-time staff
person for this project.
Public Comment – No one came forward.
Council Questions
Will this person be shared part time with another city, or work part time only for Wheat
Ridge?
Ms. Schilling replied that the part-time employee will work in the WR Police Department
and will work in Wheat Ridge only, in coordination and collaboration with those holding
similar positions in other municipalities participating in the homeless navigator effort.
Council asked about how the City will measure the homeless navigators’ performance.
Council prefers to rely upon specific metrics that Council, staff and other cities can
collect, aggregate and report to gauge progress. The metrics and goals should be
clear, and informative for management in Wheat Ridge and other participating
municipalities, and for Council.
Motion by Councilmember Hutchinson to approve Resolution No. 13-2020, a resolution
of the City of Wheat Ridge, Colorado approving a memorandum of understanding with
Jefferson County and the cities of Arvada, Golden, Lakewood and Westminster
Colorado, concerning homeless navigation efforts; seconded by Councilmember Hultin;
carried 8-0.
Ms. Hultin expressed gratitude that this program is beginning.
Ms. Hutchinson raised the concern of some citizens that homeless individuals pose a
threat to public safety.
The Mayor expressed his hope that this program will reduce the numbers of homeless
people and families subsisting in Wheat Ridge and alleviate some of our citizens’
concerns for their safety.
CITY MANAGER’S MATTERS
CDOT is installing a barrier beneath the bridge at 32nd Ave and I-70 to prevent debris
and other objects from landing in traffic passing beneath the overpass. The bridge is
beginning to decay and materials are falling into traffic. This effort will impair traffic for
5-7 days, but is deemed essential to public safety. CDOT plans to replace the entire
structure in the next year or two.
A survey is underway to gather people’s preferences and priorities for the coming years
in advance of the Strategic Planning retreat in March. He asked that all elected and
staff officials complete the survey online by March 6th, 2020.
City Council Minutes February 24, 2020 page 8
CITY ATTORNEY’S MATTERS
At last meeting Mr. Urban asked for an opinion from the City Attorney related to open
meetings and records retention, and Mr. Dahl continues to work on that task. Mr. Dahl
will have a report to present at one of the next few Council meetings.
ELECTED OFFICIALS’ MATTERS
City Clerk Kirkpatrick announced that the ballot box to be placed in Anderson Park is
fully approved and detailed project plans to complete the placement are ongoing.
Voters will have that ballot drop off available by the June 30 primary election.
Councilmember Hutchinson attended the tour of the new Pediatrics Unit at Lutheran,
and it is a marvelous resource for patients and healthcare providers and a state of the
art facility. She repeated the advice she heard from medical staff during this flu season:
take care to wash your hands frequently.
Councilmember Urban also took the tour and lauded the facility.
Councilmember Weaver thanked those Wheat Ridge residents who attended the
reception for the Jefferson County Meet a Farmer program at Lutheran Hospital, along
with people from other cities.
She also reminded people that the decennial US Census begins next month.
Councilmember Nosler Beck thanked everyone who has served on the Boards and
Commissions in the past and who continue to serve.
Councilmember Dozeman, reminded citizens that the next edition Coffee with a Cop this
Tuesday, February 25, 2020.
Councilmember Hultin noted that Diane Robb was elected to the Cultural Commission
and she has served in that capacity admirably in the past.
She also reported that residents are moving into the new apartment buildings at 38th
and Wadsworth.
And she noted we are hiring a Neighborhood Engagement Specialist, as contemplated
in the Neighborhood Revitalization Strategy (NRS) and the current budget, and shares
everyone’s excitement that this vital action item from the NRS report is underway.
Councilmember Stites echoed the thanks to those who served in the past. He
congratulated Hacienda Colorado on its opening, as a fine addition to Wheat Ridge.
The Mayor also noted the excellent quality of the food and service at Hacienda
Colorado.
The Mayor also repeated his welcome to Chief of Police Christopher Murtha and wished
him well in his new position.
ADJOURNMENT
City Council Minutes February 24, 2020 page 9
The meeting adjourned at 7:53 pm.
_____________________________ Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON March 9, 2020
______________________________
Janeece Hoppe, Mayor Pro Tem
The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing in the City Clerk’s Office, as well as copies of Ordinances and Resolutions.
ITEM NO: DATE: March 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE A CONTRIBUTION TO THE WHEAT RIDGE BUSINESS DISTRICT IN THE AMOUNT OF $90,000 FOR A MATCHING GRANT PROGRAM
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ City Manager
ITEM: As part of the 2020 Budget, City Council approved a $90,000 contribution to the Wheat Ridge Business District (WRBD) for business grant programs. Expenditures over $75,000 require City Council approval.
FINANCIAL IMPACT: The 2020 budget includes a total of $90,000 for the Wheat Ridge Business District.
BACKGROUND: The WRBD was formed in a joint partnership between local business owners and the City of Wheat Ridge to help revitalize 38th Avenue – the City’s traditional “Main Street.” The effort has been expanded to serve businesses throughout the City of Wheat Ridge.
The WRBD administers several grant programs for Wheat Ridge businesses. The grant programs
are matching grants up to specified limits. This means for every $1 spent by the business, the WRBD will match $1 up to the specified limits which include:
•Matching Grant Assistance –
o $3,750 per project for sign improvements, based on length of time in business
o $6,000 per project for the conversion of pole signs to monument signs
o $7,500 for façade improvements
1
CAF – WRBD 2020 Funding
March 9, 2020
Page 2
o $2,500 for architectural/design assistance
o $6,000 towards accessibility improvements
o $3,000 towards a visual impact special project to increase curb appeal
o $900 for landscaping projects
o $600 for exterior painting projects
WRBD continues the promotion of it Façade Plus Program to entice commercial property
owners and businesses willing to invest in their properties in the City of Wheat Ridge to make a
dramatic change in the curb appeal of their buildings and properties. The existing grant programs matches improvements in certain categories up to certain limits. The Façade Plus program is an effort to have a larger category to consider larger in scope projects that include substantial changes to the façade.
Project Value Potential Matching Ratio
$12,001 - $20,000 50% match up to cap of $10,000 $20,001 - $50,000 33% match up to cap of $16,500 More than $50,000 25% match up to cap of $35,000
WRBD has added a new program which they are calling the Mural Grant Pilot Program to
provide funding assistance to local commercial property owners to enhance commercial
properties, instill a sense of pride and identity, and engage business owners in the beautification of the community.
RECOMMENDATIONS: Staff recommends approval of the $90,000 contribution from the 2020 Budget to the Wheat Ridge
Business District business grant programs.
RECOMMENDED MOTION: “I move to approve a contribution to the Wheat Ridge Business District in the amount of $90,000 for a matching grant program.”
Or, “I move to deny approval of a contribution to the Wheat Ridge Business District in the amount of $90,000 for a matching grant program for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development Manager Patrick Goff, City Manager
ATTACHMENTS: 1. Wheat Ridge Business District Invoice #2
ATTACHMENT 1
ITEM NO: DATE: March 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 04-2020 – AN ORDINANCE AMENDING
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO THE DESIGN AND PLATTING OF MULTIFAMILY DEVELOPMENT AND ATTACHED SINGLE FAMILY HOMES (CASE NO. ZOA-20-02)
PUBLIC HEARING ORDINANCES FOR 1ST READING (02/24/2020)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (03/09/2020) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ___________________________________ Community Development Director City Manager
ISSUE: Historically, the zoning code has treated attached single family dwellings, or townhomes, as
general “multifamily” development, and very few standards relate specifically to the townhome building form. Given the increasing prevalence of townhomes and the steady inquiries staff continue to receive, this code amendment updates certain provisions that specifically apply to the design and platting of attached single family dwellings.
PRIOR ACTION: These issues of design and platting were presented to City Council at a study session on January 6, 2020 at which time Council gave direction to proceed with a code amendment. Planning Commission reviewed the proposed ordinance at a public hearing on February 20, 2020 and
recommended approval. Draft meeting minutes from the Planning Commission public hearing are
attached.
FINANCIAL IMPACT: There are no direct financial impacts to the City.
2
Council Action Form – Townhome Design & Platting
March 9, 2020
Page 2 BACKGROUND: Site and Building Design
The enclosed ordinance fine tunes and buttresses the City’s existing mixed use code to ensure high quality design specifically for townhome units that are adjacent to a public street. The code amendment addresses four specific design issues:
1. The ordinance includes provisions that require front facades (those with front doors) be
oriented to the street. This ensures that pedestrian features engage the public realm as is typical of a residential neighborhood. 2. The ordinance includes variation in rooflines as a means to achieving articulation (this was previously incorporated into the Architectural and Site Design Manual (ASDM) by
administrative amendment in Section 4.A.5, but the ASDM does not apply to mixed use
districts). 3. The ordinance includes provisions that require variation in plane depth specifically for attached single family dwellings regardless of the length of the building. This provides shadow lines and visual interest particularly along the long side of building.
4. The ordinance establishes a maximum of eight (8) side-by-side units within a building. This
ensures that building massing remains residential and human in scale. If the ordinance is approved, the Architectural and Site Design Manual will be updated by staff to reflect these same four design provisions. Per Section 26-224 of the code, the ASDM is a
regulatory document that may be amended and updated by staff.
These additional regulations ensure that proposed projects are consistent with the City’s design goals, limit the ability for “slot home” development, and provide better leverage for staff when requiring revisions for development applications. Historically, staff has been successful in
obtaining developer compliance with these design goals based on more generic language in the
code; but codifying these requirements is beneficial and would clarify expectations for applicants, the public, and staff. Lot Line Adjustments
With townhomes, a property owners owns the dwelling unit and the underlying or surrounding
land. Townhomes are platted according to the subdivision regulations (Chapter 26, Article IV) and the review process is dependent on the number of lots affected. With these attached products, the width of the platted lot determines the width of the unit to be constructed.
A lot line adjustment (LLA) adjusts the common property line or boundaries between two or more
parcels. LLAs occur more frequently for townhome projects than for detached single family subdivisions because if homebuyer preferences shift, then the unit width can shift, and the underlying lot may need to shift. These shifts can also be the result of drafting or construction errors.
Townhome lot line adjustments are often minor in nature—a matter of inches or feet—but under current regulations these requests are processed as though they are a new subdivision. Review of
Council Action Form – Townhome Design & Platting
March 9, 2020
Page 3 townhome LLAs at a public hearing requires resources and time that are often disproportionate
with the extent of the proposed changes. For these reasons, the proposed ordinance establishes a
new and narrow classification of administrative plats for lot line adjustments of a previously approved townhome plat that complies with the following criteria:
• the request does not create new or additional lots or parcels,
• the request does not materially alter the subdivision design, and
• the request conforms to all subdivision and zoning regulations. The attached Planning Division staff report provides additional context and background
information on these two issues of design and platting. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 04-2020, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the design and platting of multifamily development and attached single family homes, on second reading, and that it take effect 15 days after final publication.”
Or, “I move to postpone indefinitely Council Bill No. 04-2020, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the design and platting of multifamily
development and attached single family homes, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 04-2020
2. Planning Division Staff Report 3. Planning Commission Draft Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 04 ORDINANCE NO. 1686 Series 2020
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE DESIGN AND PLATTING OF MULTIFAMILY DEVELOPMENT AND ATTACHED SINGLE FAMILY HOMES
WHEREAS, the City of Wheat Ridge (“City”) is a home rule municipality
operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and protection of the public health, safety and welfare; and
WHEREAS, in exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) pertaining to zoning, land use, and development; and
WHEREAS, Chapter 26 includes regulations pertaining to the design and platting
of residential development; and WHEREAS, the City Council recognizes the need for elevating certain design standards related to attached single family homes (townhomes); and
WHEREAS, the City Council also finds it appropriate to modify the process by which attached single family homes (townhomes) may be replatted; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO: Section 1. Section 26-405.A of the Wheat Ridge Code of Laws, regarding types of plats, is amended with the insertion of a new subsection 2 and renumbering the section accordingly:
A. Administrative plat. […]
2. A lot line adjustment of a previously approved townhouse plat shall be considered an administrative plat regardless of the number of lots affected, so long as the replat meets all of the following criteria: a. Does not create new or additional lots or parcels; b. Does not materially alter the subdivision design; and
c. Conforms to all subdivision and zoning regulations and includes no waiver or variance.
ATTACHMENT 1
2
Section 2. Section 26-1105 of the Wheat Ridge Code of Laws, regarding
building placement and orientation in mixed use zone districts, is amended by the addition of a new subsection F: F. Attached residential development. The following requirements shall apply to
single attached dwellings as defined in Section 26-1119. 1. For units adjacent to public streets, front doors shall be located on the façade that faces the public right-of-way. For developments with more than one (1) building, street-facing orientation of front doors is not required for all buildings or dwelling units but shall be the predominant
orientation across the overall development. 2. Structures shall be comprised of no more than eight (8) side-by-side units. 3. Separation between primary structures shall be a minimum of 10 feet.
Section 3. Section 26-1106.B of the Wheat Ridge Code of Laws, regarding building design in mixed use zone districts, is amended as follows: B. Façade design and articulation.
1. All façades of a building shall provide a level of finished architectural quality and be designed to human scale. Each façade shall contain at least one (1) change in color or texture. Additional detail should be incorporated into the façade design by the use of at least three (3) of the following methods:
• Reveals.
• Belt courses.
• Cornices.
• Expression of a structural or architectural bay.
• Articulation of windows and doorways, which may include sills,
mullions, or pilasters that create a three-dimensional expression.
• Change in material.
• Variation in rooflines. 2. All façades of a building that face a street or a public space shall have at least one (1) variation in plane depth of at least one (1) foot for every fifty (50) linear feet of the length of the façade. All other façades shall have one (1) variation in plane depth of at least one (1) foot for every one hundred (100)
linear feet of the length of the façade. Any portion of a façade that is a glass curtain wall shall be exempted from this requirement. For single attached dwellings as defined in Section 26-1119, the
façade(s) containing front doors shall have a change in plane depth of at least one (1) foot for every unit. This may be achieved by a change in the wall plane within a single unit façade or by varying the plane depth of adjacent units. See Figure 26-1106.2.
3
Figure 26-1106.2 – Variation in Plane Depth for Single Attached
Dwellings: For the building on the left, changes in plane depth occur by varying the plane depth of adjacent units. For the building on the right, changes in plane depth occur within each unit façade. The requirement to vary plane depth does not necessarily require offsets in the building foundation and may be achieved by a variety of
articulation and design elements noted in subsection 26-1106.B.3 below. 3. Non-permanent features such as canopies and awnings will not qualify as variation. Plane depth variation may be accomplished through elements such
as:
• Recessed entries.
• Porticos.
• Projecting porches.
• Upper level stepbacks.
• Dormers.
• Offsets in the general plane of the façade, including columns, pilasters, protruding bays, reveals, fins, ribs, balconies, cornices or eaves.
4. The primary entrance of a building shall be emphasized through at least two (2) of the following architectural elements:
• Changes in wall plane or building massing.
• Differentiation in material and/or color.
• Higher level of detail.
• Enhanced lighting. This requirement for an entry feature shall also apply to the primary exterior entrances for single attached dwellings.
4
Section 4. Section 26-1119 of the Wheat Ridge Code of Laws, regarding the
definition of single attached dwellings, is amended as follows:
Dwelling, single attached. Three (3) or more dwelling units where each unit is attached to other units by party walls, and where habitable spaces of different units are arranged
side-by-side, rather than a stacked configuration. This can include, but is not limited to, townhomes with exterior entrances. Section 5. Section 26-1119 of the Wheat Ridge Code of Laws is amended by the adding a definition for multiple dwelling in the appropriate alphabetical
location:
Dwelling, multiple. Three (3) or more dwelling units where each unit is attached to other units, where habitable spaces are arranged in a stacked configuration, and where a building includes a common public entrance but interior entrances to
each unit. Section 6. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare
of the public and that this Ordinance is necessary for the preservation of health
and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained.
Section 7. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 8. Compliance Required – Applicability. This Ordinance shall apply
to all development which does not by the effective have a vested property right, pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 9. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _8_ to _0_ on this 24th day of February 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for March 9, 2020 at 7:00 p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
5
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this __9th __ day of ___March_____, 2020.
SIGNED by the Mayor on this __9th _ day of __March____, 2020.
________________________
Bud Starker, Mayor ATTEST:
_________________________ Steve Kirkpatrick, City Clerk Approved as to Form
_________________________ Gerald E. Dahl, City Attorney First Publication: February 27, 2020 Second Publication: March 12, 2020
Wheat Ridge Transcript
Effective Date: March 27, 2020 Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE DESIGN AND PLATTING OF MULTIFAMILY DEVELOPMENT AND ATTACHED SINGLE FAMILY HOMES
CASE NO: ZOA-20-02
PUBLIC HEARING CODE CHANGE ORDINANCE
Case Manager: Lauren Mikulak
Review Dates: February 20, 2020 (Planning Commission) / March 9, 2020 (City Council) ______________________________________________________________________________
SUMMARY:
Over the last few years, the City has seen an increase in townhome development as evidenced by
inquiries, applications, and construction. Townhomes are permitted in planned developments, mixed use districts, and some residential zone districts.
Historically, the zoning code has treated townhomes as general “multifamily” development, and very
few standards relate specifically to the townhome building form. This means that most site, building,
and subdivision design considerations apply equally to apartments and to attached single-family
products. Given the prevalence of townhomes and the steady inquires staff continue to receive, this code amendment updates certain provisions that apply to the design and platting of townhomes and attached single family dwellings.
Notice for this public hearing was provided as required by the Wheat Ridge Code of Laws (“Code”).
BACKGROUND: Site and Building Design Depending on the underlying zoning, the building and site design of townhome projects are regulated by the mixed use code, the Architectural and Site Design Manual (ASDM), or by a property-specific
planned development document. While some planned developments are written specifically with
townhomes in mind, the mixed use code and ASDM do not distinguish townhomes and attached
single family dwellings from other multifamily building forms.
Denver has experienced a proliferation of infill townhome development over the last several years, and they recently modified design standards to address townhomes and specifically to prohibit “slot
PLANNING DIVISION LEGISLATIVE ITEM STAFF REPORT
ATTACHMENT 2
ZOA-20-02 / Attached Single Family Dwellings 2
home” designs. Slot homes are also called “sideways facing townhomes.” Denver defined “slot homes” by the combination of several tell-tale features:
• Slot homes are multi-unit residential structures consisting of attached dwelling units arranged
side-by-side and often perpendicular to the street.
• Most units have an individual, direct entrance to the exterior, but entrances usually face a side
lot line or narrow pedestrian path instead of facing or engaging the street.
• In addition to a lack of street-facing front doors, slot home also often lack any street-facing
articulation such as porches, patios, or windows.
• This lack of street-facing elements is often because individual vehicular garages are generally
located beneath each unit and are either visible from the street or comprise the predominant
ground floor use.
• Slot homes are often characterized by a lack of pedestrian scaled proportions in their massing
and design, including a lack of material change or floor height distinction.
In 2014, the Wheat Ridge City Council adopted a Housing Diversification Strategy which calls for a diverse housing stock in terms of type and price, and townhomes are an important component of that housing stock. Some townhome projects in Wheat Ridge have been criticized or labeled as “slot
homes,” but there are actually several code provisions that prohibit stereotypical “slot home”
development in the form and density that Denver has experienced in recent years. Those existing
requirements include:
• Stepback and bulk plane requirements ensure increased setbacks and stepbacks for multi-
story structures.
• Building design is required to be “human scale” and required to include articulation features
and vertical changes in material.
• Vehicular entrances to buildings are required to be screened from view of the street or
adjacent public space, meaning garage doors may not face the street or be a predominantly visible feature.
• Stormwater detention requirements and minimum open space standards in Wheat Ridge ensure there is more landscaping and less intensive development than what Denver has experienced in some areas.
The proposed code amendment buttresses existing provisions with several more standards specific to
attached single family dwellings. This ensures that proposed projects are consistent with the City’s
design goals. The code amendment addresses four specific design issues: 1. The ordinance includes provisions that require front facades (those with front doors) be
oriented to the street. This ensures that pedestrian features engage the public realm as is
typical of a residential neighborhood.
2. The ordinance includes variation in rooflines as a means to achieving articulation (this was
previously incorporated into the ASDM by administrative amendment in Section 4.A.5, but the ASDM does not apply to mixed use districts). 3. The ordinance includes provisions that require variation in plane depth specifically for
attached single family dwellings regardless of the length of the building. This provides
shadow lines and visual interest particularly along the long side of building.
ZOA-20-02 / Attached Single Family Dwellings 3
4. The ordinance establishes a maximum of eight (8) side-by-side units within a building. This ensures that building massing remains residential and human in scale.
Historically, staff has been successful in obtaining developer compliance with these design goals
based on more generic language in the code. That said, codifying these requirements specifically for
townhomes or attached single-family development is beneficial and would clarify expectations for applicants, the public, and staff.
If the ordinance is approved, the Architectural and Site Design Manual will be updated by staff to
reflect these same four design provisions. Per Section 26-224 of the code, the ASDM is a regulatory
document that may be amended and updated by staff.
Lot Line Adjustments Prior to the 2014 overhaul of the subdivision regulations, these regulations were silent to
townhomes. As part of the 2014 code amendment, a townhouse plat was defined and provisions were
added which acknowledge that townhome plats are unique. Townhomes are attached single-family
homes in which the occupant owns the dwelling unit and the underlying or surrounding land, so the
underlying lot is often quite small compared with the lot size for a detached single-family home. The lot width for a townhome is based on the unit width and often ranges from 16 to 24 feet. (See image below right.)
The subdivision regulations now exempt individual
townhouse lots from lot size and width requirements,
so long as the site as a whole meets all zone district
and density standards (Section 26-411.C.2.a). The same section requires a plat note to ensure that the townhome lots are not sold or developed for any
purpose other than townhomes.
Townhome plats are usually approved and recorded
prior to construction, and unit width is set by the lot width on the plat. Many townhome builders have various floorplan options and unit widths, and
homebuyer preferences determine which units are
ultimately sold and constructed. As these projects are
developed over time, homebuyer and market
preferences can shift, and because of this we see requests for lot line adjustments more frequently for townhome projects than for detached single family
projects.
For example, Thrive Home Builders, who are building townhomes at 43rd and Yarrow, recently met
with staff to share that they are seeing higher market demand for narrower units, and they will
therefore be seeking to narrow the width of several lots to accommodate those narrower units. The overall site plan and density will not change. Similarly, Toll Brothers, who is building townhomes at
This image shows the typical building form and plat for a
townhome development. In the bottom image, individual lot
lines are indicated by the dashed lines, and those lot lines dictate unit width.
ZOA-20-02 / Attached Single Family Dwellings 4
Ward and Ridge by the Wheat Ridge Ward station, has also indicated that they may need to modify the lots lines in future phases based on sales patterns. Additionally, they will need to modify internal
lot lines because of a CAD error that puts the divisional wall between units a few inches offset from
the location that lot lines were drawn. Because lot lines are coterminous with divisional walls,
townhome lots leave no leeway for design adjustments.
The only way to accommodate design adjustments for townhomes is to process a lot line adjustment (LLA). Under current regulations, a LLA is processed in the same manner as any subdivision
application: LLAs that affect more than three lots require the plat to be reviewed at public hearings.
The resources expended by staff and decisions makers to review LLAs for townhomes at a public
hearing may be inefficient and is disproportionate with the extent of the proposed substantive
changes. Because of the unique and minor nature of a lot line adjustment for an approved townhome
development and because of the significant staff resources associated with reviewing plats, the code
amendment modifies this process. The proposed ordinance establishes a new and narrow
classification of administrative plats for lot line adjustments of previously approved townhouse plats
that do not create new or additional lots or parcels, do not materially alter the subdivision design, and conform to all subdivision and zoning regulations.
Review Process
These issues of design and platting were presented to City Council at a study session on January 6,
2020 at which time Council gave staff direction to proceed with a code amendment.
The Planning Commission’s recommendation will be forwarded to City Council. This ordinance is scheduled for a first reading at City Council on February 24 and a public hearing at City Council on March 9.
RECOMMENDED MOTION:
“I move to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat
Ridge Code of Laws concerning the design and platting of multifamily development and attached single family homes.”
Exhibit:
1. Proposed Ordinance
Planning Commission Minutes – 1 – February 20, 2020
PLANNING COMMISSION Minutes of Meeting February 20, 2020
1. CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS Commission Members Present: Melissa Antol
Will Kerns
Daniel Larson Janet Leo Scott Ohm Richard Peterson
Jahi Simbai
Vivian Vos Commission Members Absent: None
Staff Members Present: Lauren Mikulak, Planning Manager Scott Cutler, Planner II Jordan Jefferies, Civil Engineer II Tammy Odean, Recording Secretary
3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner PETERSON and seconded by Commissioner VOS to approve the order of the agenda. Motion carried 8-0. 5. APPROVAL OF MINUTES – February 6, 2020 It was moved by Commissioner SIMBAI and seconded by Commissioner LARSON to approve the minutes of February 6, 2020, as written. Motion carried 6-0-2 with Commissioners ANTOL and LEO abstaining.
ATTACHMENT 3
Planning Commission Minutes – 2 – February 20, 2020
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS-18-04: an application filed by Billy Wang for approval of a 15-lot major subdivision for the property zoned Mixed Use-Neighborhood (MU-N) located at 6230 West 38th Avenue. Mr. Cutler gave a short presentation regarding the subdivision and the application.
He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case.
Commissioners SIMBAI and VOS wanted an explanation of the ROW dedication and the Public Improvements. Mr. Cutler explained that the ROW dedication will allow for the construction of
the 8ft. sidewalk that will be adjacent to a 6ft. amenity zone.
In response to a question from Commissioner KERNS, about the height and asked about these townhomes being slot homes. Ms. Mikulak clarified they are not slot homes because there is a commercial development between the homes and the
street. She added that the use of the term slot home will be explained in the
ordinance later in the meeting and how the building interfaces with the street. A sideways orientation does not on its own classify the design as slot homes. She confirmed that the site design and use is compliant with the underlying zoning.
Commissioner OHM asked if there is a building setback or envelope shown on the
plat. Mr. Cutler explained that the easements dictate some of the setbacks, but the buildings are set back further on the east side because they are adjacent to single
family homes. He added the setbacks will be shown in the site plan.
Commissioner OHM also inquired about tree placement and Commissioner VOS asked who will take care of the landscaping.
Mr. Cutler assured the commission that there will be street trees as well as trees in
non-Xcel easements along with landscaping and there will be an association who cares for the landscaping, not the City.
Planning Commission Minutes – 3 – February 20, 2020
Commissioner LARSON asked what will be built over the underground detention
pond.
Mr. Cutler explained the alley way and parking will be built over the detention pond.
Anchen Wang, Designer representing the Owner.
2400 Meade Street, Denver Commissioner VOS asked about the height of the commercial building and if the owner has done other developments in the City of Wheat Ridge. Commissioner
VOS also asked if the site plan includes a playground or other amenity.
Mr. Wang said the commercial building will be 30ft. in height and this is the first development for the owner in the City of Wheat Ridge, but he has lived in the City for many years. The applicant confirmed there will be landscaped areas but there
will not be a playground.
Commissioner KERNS asked how this development will fit the neighborhood. He expressed concerns related to building heights and compatibility. He asked about the proposed land use, specifically if the commercial building would include retail
uses.
Mr. Wang explained that the development will engage the neighborhood with both commercial and residential on the site, especially if the commercial site is a restaurant or coffee shop on the lower level and office space above.
Commissioner OHM asked what the pedestrian connection is from the townhomes to 38th Avenue. Mr. Cutler said there will be sidewalks on both sides of the development and they
will connect to the sidewalk on 38th Avenue.
In response to a question from Commissioner PETERSON about access to Founders Park from the development, Mr. Cutler and Ms. Mikulak clarified it is an easy walk, maybe 500ft. from 38th Avenue to Jay Street.
Valerie Cardenas, resident 3775 Jay Street, Wheat Ridge Ms. Cardenas explained that her concern is parking in the neighborhood and would
like to know how accommodations will be made for visitor parking.
Roger Loecher, resident 4599 Carr Street
Planning Commission Minutes – 4 – February 20, 2020
He also had concerns about parking and does not think the current and proposed
sidewalks will match up. He also wanted to know if there will be a 6ft. privacy
fence between the development and the residents on Jay Street. Ms. Mikulak mentioned that these are all site design issues and staff would be happy to share the site design plan in the office. She quickly shared that there will
be parking on site with garages, parking adjacent to the commercial lot, and
subterranean parking below the commercial building. She added the site plan is administratively approved and is compliant with all Mixed-Use zoning standards. It was moved by Commissioner LEO and seconded by Commissioner ANTOL
to recommend APPROVAL of Case No. WS-18-04, a request for approval of a major subdivision on property located at 6230 W. 38th Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the
zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions:
1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction covenant agreement prior to recordation of
the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide owner association covenants for review by staff. Motion carried 6-2 with Commissioner KERNS and VOS voting against.
B. Case No. WZ-19-10: an application filed by Davis Partnership Architects, on behalf of SCL Health for approval of an amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing.
Commissioner SIMBAI disclosed he is on the Board for SCL Health. Ms. Mikulak asked if he would have any financial interest in this application and if he can remain impartial and fair in this decision-making process despite his
participation on the SCL Health Board.
Commissioner SIMBAI confirmed he has no financial gain due to this case and can remain impartial on the voting process. Based on these answers, Ms. Mikulak confirmed he is eligible to participate in the hearing and should not recuse himself.
Planning Commission Minutes – 5 – February 20, 2020
Ms. Mikulak gave a short presentation regarding the amendment and the
application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case.
Commissioner SIMBAI asked if this amendment is approved does it change the Design Pattern Book or the Code. Ms. Mikulak explained that Planned Developments are not codified, but they are
recorded and the Design Pattern Book is a recorded document so it will show up on
title work. Commissioner LARSON wanted confirmation that this amendment applies only to this project and not the City’s Code.
Ms. Mikulak confirmed this to be true and stated all Planned Development are property-specific and are separate from the City Code. Commissioner OHM asked what the underlying zoning is for this property and
asked about the height standards in relation to other mixed use zone districts.
Ms. Mikulak said the zoning is Planned Mixed Use Development (PMUD) and explained the point of reference are the four different Mixed-Use Developments. She also explained that this is an exempted area and it can exceed 50 feet in height.
She explained how the maximum heights were established in the mixed use codes
and why they don’t work for the hospital use. When the mixed use districts were written, there was a public process including visual preference surveys, and the community determined that 4-, 6-, and 8-story buildings were appropriate in those areas were more density was being encouraged. Working with industry experts,
those story heights were translated in to maximum heights of 62/65, 90 and 118
feet respectively. Those height assumptions were based on office uses. A 6-story building for a hospital use has to be taller than 90 feet because of different building codes.
Commissioner ANTOL inquired if the elevator is needed to access the helipad and
if a noise study is necessary for helicopters. Ms. Mikulak mentioned the City does not have a noise requirement. She added it is preferable to have a helipad adjacent to the highway because they tend to follow
highway corridors for flight.
Commissioner LEO asked why the height issue is being addressed now instead of earlier.
Planning Commission Minutes – 6 – February 20, 2020
Ms. Mikulak explained that during the Outline Development process there is no
specific design plan. She added that during this ODP process there was a different
hospital partner for part of the process. The applicant has now had the time to work through conceptual designs to determine their needs. If the height amendment is not approved then it will affect the applicant’s ability to provide the services they have envisioned and they may have to go back to the drawing board
to figure out how this site will be designed.
Steven Chyung, applicant 2541 S. Monroe St., Denver Mr. Chyung gave a brief history of SCL Health, the location of the project, and the
visualization of why the height increase is being requested. He mentioned that by putting the helipad on the roof there will be noise reduction and it is the safest and easiest way to access the emergency room. He noted that the site is not a heliport (no elevator is stationed there) but will likely see an average of 5 helicopter trips
per month.
Commissioner LARSON asked if there is any aviation concerns about wind with the helipad being on the roof.
Mr. Chyung mentioned that the helicopter can be oriented more quickly if put into
the wind, which makes the takeoff more efficient. Commissioner VOS asked which direction the helicopter would take off in.
Mr. Chyung explained it would depend on the wind direction and then the
helicopter will orient over the highway. In response to a question from Commissioner VOS about the hospital’s setback from the interstate, Ms. Mikulak explained that is part of the final site plan design
and will be decided at a later time, but the minimum setback established in the
zoning is 5-feet per story and it is likely the hospital will exceed the minimum setback. Commissioner VOS then asked if the helipad could be placed on the parking
garage.
Mr. Chyung explained that the most efficient way for the patient to get to the OR and/or ER from the helicopter is in a direct vertical path from the hospital roof down into the OR/ER. Transporting a patient from a different building on the
campus would not work.
Commissioner VOS wanted to know the current height of the stories at Lutheran Hospital on 38th Avenue and the proposed height of the stories for the hospital at Clear Creek Crossing.
Planning Commission Minutes – 7 – February 20, 2020
Bruce Fong, architect
500 Eldorado, Broomfield Mr. Fong said the current height of Lutheran Hospital stories is 12 to 13 feet per story and the proposed height at Clear Creek Crossing is 15 to 18 feet per story. He
explained some of the contemporary medical equipment in ERs and OR that
require taller ceiling heights. Commissioner KERNS asked how this hospital will have positive health outcomes for patients being so close to the I-70 Highway, due to noise, vibration and air
quality. He expressed serious concerns about the hospital being sited so close to the
interstate. Mr. Chyung said there will be better access to the hospital being adjacent to the highway. With regards to air and noise pollution, the hospital is built to take the
pollutants out of the air and meet regulatory standards.
Ms. Mikulak and Commissioner OHM reminded the Commission that the hospital is a permitted use and the purpose of this meeting is strictly to decide the height of the hospital.
Commissioner OHM asked if the trauma level 3 designation will change with or without the helipad. Mr. Chyung said no the trauma level designation is not determined by the helipad.
Tara Laventure, resident 13167 W. 33rd Ave., Golden Ms. Laventure mentioned her concerns are with air pollution from the active
construction site, noise from the helicopter and the height of the building.
Chair OHM closed the public forum and asked staff to respond to public comment. Ms. Mikulak explained the height of the hospital will be 102 feet with only the
elevator portion on the roof being at 135 feet. She also clarified that noise is not
addressed in the zoning code, it is considered a nuisance issue elsewhere in the code of laws and applies to all uses in the City. Noise is considered a nuisance if is sustained.
Commissioner LARSON asked what the building timeline is for the hospital.
Ms. Mikulak said she does not have that answer, but it will take longer because it is the largest portion of the property.
Planning Commission Minutes – 8 – February 20, 2020
Commissioner LEO asked what the next steps are for the Planning Commission for
Clear Creek Crossing.
Ms. Mikulak said the review of the Specific Development Plans for this planning area and others would be the next step.
In response to a question from Commissioner VOS regarding the impact on
wildlife due to helicopters flying through the area, Ms. Mikulak mentioned there was an Environment Assessment done per federal regulations in association with the hook ramp infrastructure.
Commissioner ANTOL asked about the timeline of the projects and what the
importance is for having a helipad. Mr. Chyung explained that to be a licensed acute care hospital the requirement is a helipad. He confirmed the height is necessary to achieve the goals of the hospital
campus.
Commissioner VOS asked why they are reviewing the proposed height without a proposed site plan.
Ms. Mikulak said is customary and appropriate to establish the development
parameters, including the maximum height, so the applicant knows the parameters to which they are designing. Chair OHM called for a motion.
It was moved by Commissioner KERNS and seconded by Commissioner VOS to recommend DENIAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The siting and zoning does not promote the positive health outcomes and general welfare of hospital staff, patients and the community. 2. Noise and elevated ambient sound levels due to the adjacent freeway are unbefitting of a height increase for a hospital and associated health campus.
3. Vibration, including low, mid, and high resonant frequencies due to the adjacent freeway are unbefitting of a height increase for a hospital and associated health campus. 4. Air quality, including elevated levels of ultra-fine particulates, black carbon, nitrogen oxides, carbon monoxide, volatile organic compounds,
and particle-bound polycyclic aromatic hydrocarbons (PPAH). Leading to respiratory infections, heart disease, COPD, stroke, asthma, reduced pediatric lung function, and lung cancer. These listed reason
Planning Commission Minutes – 9 – February 20, 2020
are unbefitting of a height increase for a hospital and associated health campus.
5. It is not appropriate to amend zoning standards to recognize the unique needs of a hospital use at this site. There was no discussion.
Motion failed 5-3 with Commissioners ANTOL, LARSON, OHM, PETERSON and SIMBAI voting against. Chair OHM called for an alternate motion.
It was moved by Commissioner LARSON and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The zoning promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. 2. The change in height does not affect the demand on public infrastructure.
3. The amendment is consistent with the goals and objectives of the Comprehensive Plan and purpose of underlying zoning. 4. It is appropriate to amend the zoning standards to recognize the unique needs of a hospital use.
There was no discussion. Motion carried 5-3 with Commissioners KERNS, LEO and VOS voting against. C. Case No. ZOA-20-02: an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the design and plating of multifamily development and attached single family homes. Ms. Mikulak gave a short presentation regarding the ordinance and the application.
She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice requirements have been met, therefore the Planning Commission has jurisdiction to hear this case.
Commissioner PETERSON asked if the building footprint will remain the same with a lot line adjustment.
Planning Commission Minutes – 10 – February 20, 2020
Ms. Mikulak confirmed the building footprint could stay the same if only interior
lots are moved. She clarified that a lot line adjustment shifts the lot line, but does
not always change the number of lots or units. The lot line adjustment process is not specific to townhomes. Commissioner SIMBAI asked if a lot line adjustment can reduce the number of lots
and would the change require another Public Hearing.
Ms. Mikulak then read the definition of a lot line adjustment from the Code and confirmed the number of units may be reduced by definition. The other consideration of whether it requires a hearing would be if such a reduction
materially changes the overall design or not.
Commissioner PETERSON then asked if a lot line adjustment could be reviewed administratively.
Ms. Mikulak confirmed yes that any subdivision application dealing with 3 or
fewer lots could be administrative. Commissioner ANTOL said she likes the tools that are provided by this ordinance to prohibit slot home developments.
Commissioner LARSON asked about Section F of the ordinance and wanted the word “predominant” explained. Ms. Mikulak explained there is no definition, but in some developments not all
front doors face a street, but predominately they all do. She added that some
discretion is required and there will be some high standards in the development code. Commissioner LARSON then asked about the minimum separation of 10ft.
between buildings. He also inquired why some units are very narrow.
Ms. Mikulak explained the 10ft. is between the townhome buildings not each unit because they are attached. Ms. Mikulak added that some units are narrow to achieve affordability and meet market demand.
In response to a question from Commissioner VOS, Ms. Mikulak gave the definitions of the façade design and articulation methods listed on Page 2 in Section 3.B.1.
Commissioner KERNS asked if this ordinance outlaws the slot home typology.
Ms. Mikulak explained that a slot home is defined by several characteristic features: they are sideways oriented, bulky and massive, lack change in materials and don’t have front doors facing the street. She added this ordinance does
Planning Commission Minutes – 11 – February 20, 2020
prohibit slot homes as defined by all of these things, but does not prohibit the
sideways orientation individually because here in the City of Wheat Ridge there
are a lot of narrow properties. The focus is on how the units relate to the street. Commissioner VOS asked if there can be a flat side of some façades on the townhomes.
Ms. Mikulak clarified that the mixed use code is requires “four-sided architecture” meaning architectural requirements applies to all sides of the buildings. Commissioner OHM asked if there is a minimum unit width.
Ms. Mikulak said there is no minimum requirements for townhome lots in the zoning code, but there are building codes that could dictate minimums and those will be followed.
No one from the public wanted to testify.
It was moved by Commissioner KERNS and seconded by Commissioner LEO to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the design and platting of multifamily development and attached single family homes.
Motion carried 8-0. 8. OLD BUSINESS
9. NEW BUSINESS
• Ms. Mikulak mentioned we have a new Senior Neighborhood Planner, Jeff Hirt
and are currently advertising for a Neighborhood Engagement Specialist.
• Commissioner LARSON asked about the process for implementation of the NRS. Ms. Mikulak explained it the NRS work plan assumes 10 years in total and it will
take about 2 years to cover the entire city in the first round of the neighborhood
engagement program then it will be an ongoing program.
• Commissioner VOS mentioned this could be her last meeting if she is not reappointed by City Council.
• Ms. Mikulak mentioned that there will not be any cases to be heard during the month of March.
• Commissioner KERNS asked about the closing of Lucky’s. Ms. Mikulak noted that it’s too early to know who may backfill the property.
10. ADJOURNMENT
Planning Commission Minutes – 12 – February 20, 2020
It was moved by Commissioner PETERSON and seconded by Commissioner KERNS to adjourn the meeting at 9:30 p.m. Motion carried 8-0.
__________________________ _______________________________ Scott Ohm, Chair Tammy Odean, Recording Secretary
ITEM NO: DATE: March 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 15-2020 – A RESOLUTION APPROVING
A MAJOR SUBDIVISION PLAT ON PROPERTY ZONED
MIXED USE – NEIGHBORHOOD (MU-N) AND LOCATED AT 6230 W. 38TH AVENUE (CASE NO. WS-18-04 / WANG SUBDIVISION)
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________
Community Development Director City Manager
ISSUE: The applicant is requesting approval of a major subdivision for property located at 6230 W. 38th
Avenue that is 0.684 acres in size. The purpose of this subdivision request is to establish lot lines, tracts, easements, and right-of-way dedication for a 15-lot mixed-use development consisting of an office building and townhomes; these are permitted uses in the underlying Mixed Use – Neighborhood (MU-N) zone district.
PRIOR ACTION: Planning Commission heard the request at a public hearing on February 20, 2020 and recommended approval of the major subdivision for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and
development code have been met.
2. All agencies can provide services to the property with improvements installed at thedeveloper’s expense.Attached is a copy of the Planning Division staff report, which provides a detailed description of the application. Draft meeting minutes from the February 20, 2020 public hearing are also
attached.
3
Council Action Form – Wang Subdivision
March 9, 2020
Page 2 FINANCIAL IMPACT: Fees in the amount of $1,361.72 were collected for the review and processing of Case No. WS-
18-04. Fees in lieu of parkland dedication in the amount of $28,302.68 will be due prior to issuance of building permits. Permit fees and use tax will be paid for each building permit and for all site work and right-of-way permits.
BACKGROUND: The subject property is located on the south side of W. 38th Avenue between Kendall Street and
Jay Street and is currently vacant. It is approximately 0.684 acres in size. The site is zoned Mixed Use – Neighborhood (MU-N) which allows a variety of uses including office, retail, and townhomes up to a density of 21 units per acre. The subject property and the
vast majority of properties on 38th Avenue between Sheridan and Wadsworth were rezoned to
MU-N in 2011 by City Council. There are a mix of zone districts and uses in the area. The property to the east on 38th Avenue, zoned MU-N, contains a six-unit apartment building. Single-family homes on small lots are
located to the east and southeast along Jay Street, and are zoned Residential-One C (R-1C). The
property to the west is zoned MU-N and contains the Christopher House nursing home, a multi-unit institutional use. Highland West Planned Residential Development, an 11-story apartment building, is located further to the west. The north side of 38th Avenue contains a mix of uses, zoned MU-N, including a property with multiple residential units, a vacant commercial building,
and a childcare center.
Key components of the subdivision are described below. The plat document and additional details are included in the attached Planning Division staff report.
The purpose of a subdivision plat is not to review specific site plan or architectural details, but
rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning. The site plan for this property was approved by the Community Development Department on February 6, 2020 and the proposal adheres to all of the MU-N zone
district requirements. While the site plan application is related, it is not part of the platting
request and may not influence City Council’s decision on the subdivision. Proposed Plat The proposed plat document consists of two pages (Exhibit 3, Wang Subdivision). The first page
includes a legal description of the property; signature blocks for the owners, City, surveyor and
County; and standard declarations and notes. The second page includes the plat map and data table. The lot configuration corresponds to the proposed development approved under the site plan
application. There will be 14 townhome lots (Lots 1-14), with 7 lots/units per townhome
building. These residential lots are located on the southern portion of the site behind Lot 15
Council Action Form – Wang Subdivision
March 9, 2020
Page 3 which is located along 38th Avenue and designed to accommodate a commercial/office use. Tract
A, located at the south of the site, is dedicated as open space and is largely encumbered by utility
easements. The site is accessed by an alleyway in an access easement that travels north-south, around the west side of Lot 15, and then bisecting the townhome lots. The MU-N zone district does not include lot dimension standards, but the subdivision regulations require that lots be designed appropriately to accommodate the permitted uses; in this case the lot configuration is
appropriate for the approved site plan.
Easements Three major easements are created by this plat to allow adequate infrastructure and access:
• A 26-foot wide emergency access, private access, and utility easement providing
access/utilities to all lots (described above)
• A 10-foot utility easement along the east side of the site and the south side of Lots 13 and 14
• A stormwater drainage easement in Lot 15 to accommodate underground water detention
Required Agreements The applicant is responsible for installing an 8-foot wide detached sidewalk and 6-foot amenity zone along the 38th Avenue frontage and on-site improvements including the drainage system,
utilities, alley, and landscaping. At the edges of the property, the sidewalk will tie into the existing attached sidewalk. These obligations will be memorialized in a Subdivision Improvement Agreement (SIA) between the City and developer. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to the completion of public improvements. A condition of approval is included to this effect.
RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements of the subdivision regulations (Article VII in Chapter 26 of the Municipal Code) and is consistent with the Mixed Use – Neighborhood (MU-N) zoning requirements. For
that reason, staff is recommending approval of the request.
RECOMMENDED MOTION: “I move to approve Resolution No. 15-2020, a resolution approving a major subdivision plat on property zoned Mixed Use – Neighborhood (MU-N) and located at 6230 W. 38th Avenue for the
following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has
forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense.
Council Action Form – Wang Subdivision
March 9, 2020
Page 4
and with the following conditions:
1. Prior to issuance of building permits, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale
restriction covenant agreement prior to recordation of the subdivision plat.
3. Prior to issuance of building permits, the developer shall provide owner association covenants for review by staff. Or,
“I move to deny Resolution No. 15-2020, a resolution approving a major subdivision plat on property zoned Mixed Use – Neighborhood (MU-N) and located at 6230 W. 38th Avenue for the following reasons:
1.
2. 3. ” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II
Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS:
1. Resolution No. 15-2020 2. Planning Division Staff Report with Plat Document 3. Planning Commission Draft Meeting Minutes
CITY OF WHEAT RIDGE RESOLUTION NO. 15
Series of 2020
TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT FOR PROPERTY ZONED MIXED USE – NEIGHBORHOOD (MU-N) AND LOCATED AT 6230 W. 38TH AVENUE (CASE NO. WS-18-
04 / WANG SUBDIVSION) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of subdivision plats; and,
WHEREAS, an application for a subdivision plat with right-of-way dedication was
received from Billy Wang to subdivide property located at 6230 W. 38th Avenue in the Mixed Use – Neighborhood (MU-N) zone district; and, WHEREAS, all referral agencies have reviewed the request and can serve the
property; and,
WHEREAS, the Planning Commission has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws and forwarded its recommendation of approval; and,
WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
A MAJOR SUBDIVISION PLAT FOR PROPERTY ZONED MIXED USE – NEIGHBORHOOD (MU-N) LOCATED AT 6230 W. 38TH AVENUE IS HEREBY APPROVED FOR THE FOLLOWING REASONS:
1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval.
3. The subdivision plat has been found in compliance with Article IV of Chapter 26
of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense.
And, with the following conditions:
1. Prior to issuance of building permits, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot
sale restriction covenant agreement prior to recordation of the subdivision plat.
ATTACHMENT 1
3. Prior to issuance of building permits, the developer shall provide owner association covenants for review by staff.
DONE AND RESOLVED by the City Council this 9th day of March , 2020. ______________________
Bud Starker, Mayor
ATTEST:
_________________________
Steve Kirkpatrick, City Clerk
Planning Commission 1Case No. WS-18-04 / Wang
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
REVIEW DATES: February 20, 2020 (Planning Commission) / March 9, 2020 (City Council)
CASE MANAGER: Scott Cutler
CASE NO. & NAME: WS-18-04 / Wang
ACTION REQUESTED: Request for approval of a 15-lot major subdivision.
LOCATION OF REQUEST: 6230 W. 38th Avenue
APPLICANT/OWNER (S): 6230 West 38th Avenue (LLC) (Billy Wang)
APPROXIMATE AREA: 29,779 square feet (0.684 acres)
PRESENT ZONING: Mixed Use – Neighborhood (MU-N)
PRESENT LAND USE: Vacant
ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)SUBDIVISION REGULATIONS(X)DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2 Case No. WS-18-43 / Wang
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST Case No. WS-18-04 is an application for a major subdivision on property located at 6230 W. 38th Avenue. There are 15 lots proposed, plus one open space tract; 14 of the lots will be for townhome
development at the rear of the site, and one (1) lot for office development along the street frontage.
Access, utility, and drainage easements are also included in the subdivision plat. This request is considered a major subdivision, which requires Planning Commission to make a recommendation to City Council who is the final authority for approval.
The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm
appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning. The plat will also allow the townhomes to be purchased separately.
A Site Plan for the property was reviewed concurrently with the subdivision plat. The Community
Development Director approved the Site Plan on February 6, 2020. Site Plans are subject to administrative review only, as the proposal adheres to all of the Mixed Use - Neighborhood (MU-N) requirements. Civil construction documents have been reviewed and approved by the Engineering Division. While the Site Plan application is related, it is not part of the platting request and should not
influence Planning Commission’s recommendation on the subdivision.
II. EXISTING CONDITIONS The subject site is located on the south side of W. 38th Avenue between Kendall Street and Jay Street
and is currently vacant (Exhibit 1, Aerial). It is zoned Mixed Use - Neighborhood (MU-N), as are most
of the properties along 38th Avenue in this area (Exhibit 2, Zoning). The property to the east on 38th Avenue, zoned MU-N, contains a six-unit apartment building. Single-family homes on small lots are located to the east and southeast along Jay Street, and are zoned Residential-One C (R-1C). The property to the west is zoned MU-N and contains the Christopher House nursing home, a multi-unit
institutional use. Highland West Planned Residential Development, an 11-story apartment building, is
located further to the west. The north side of 38th Avenue contains a mix of uses, zoned MU-N, including a property with multiple residential units, a vacant commercial building, and a childcare center.
The subject site is comprised of two lots in the Conway Heights Subdivision. Combined, they are
approximately 29,779 square feet (0.684 acres), according to the survey. A house on the property was demolished in 2006 and it has been vacant since then. III. PROPOSED SUBDIVISION PLAT
Plat Document The proposed plat document consists of two pages (Exhibit 3, Wang Subdivision). The first page includes a legal description of the property; signature blocks for the owners, City, surveyor and County; and standard declarations and notes. The second page includes the plat map and data table.
Planning Commission 3 Case No. WS-18-43 / Wang
Lot Configuration The lot configuration corresponds to the proposed development approved under the Site Plan application. There will be 14 townhome lots (Lots 1-14), with 7 lots/units per townhome building. These residential lots are located on the southern portion of the site behind Lot 15 which is located
along 38th Avenue and designed to accommodate a commercial/office use. Tract A, located at the south
of the site, is dedicated as open space and is largely encumbered by utility easements. The site is accessed by an alleyway in an access easement that travels north-south, around the west side of Lot 15, and then bisecting the townhome lots. The MU-N zone district does not include lot dimension standards, but the subdivision regulations require that lots be designed appropriately to accommodate
the permitted uses; in this case the lot configuration is appropriate for the approved site plan.
Easements Three major easements are created by this plat to allow adequate infrastructure and access:
• A 26-foot wide emergency access, private access, and utility easement providing
access/utilities to all lots (described above)
• A 10-foot utility easement along the east side of the site and the south side of Lots 13 and 14
• A stormwater drainage easement in Lot 15 to accommodate underground water detention
Public Improvements An 8-foot strip of right-of-way is being dedicated as part of this subdivision application to facilitate the construction of public improvements along the 38th Avenue frontage built by the developer. This includes a 6-foot amenity zone with street trees, pedestrian lights, benches, trash receptacles, and bike
racks, and an 8-foot wide sidewalk. At the edges of the property, the sidewalk will tie into the existing attached sidewalk. There is no change to the curb location; all improvements will be added behind the existing curb line. A Subdivision Improvement Agreement (SIA) will ensure all improvements in the public right-of-way
and other on-site improvements necessary for the site to function, such as alleyways, are in place prior to Certificate of Occupancy for each building. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to completion of the public improvements.
Drainage Water detention is being accommodated in an underground facility on Lot 15, in a stormwater drainage easement. The property owner is responsible for maintenance. The underground facility has been approved by Engineering, and West Metro Fire has approved the weight load for the alleyway over the underground basin.
Parkland Dedication The subdivision regulations include a parkland dedication requirement for all residential development based on the assumption that additional residents in the City will impact the demand for parks and open space. When land is not dedicated for a public park, a fee is required in lieu. Per Code and
Council Resolution, this fee is $2,021.62 per unit in a mixed-use development, paid at time of recordation. A total of 14 residential units will be added, for a total fee of $28,302.68.
Planning Commission 4 Case No. WS-18-43 / Wang
IV. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat regarding the ability to serve the property. Specific referral responses follow.
Wheat Ridge Engineering Division: The plat and civil construction plans are approved. Wheat Ridge Building Division: No comments at this time. Building permits will be reviewed for compliance with current building codes and compliance with approved site plan.
West Metro Fire Protection District: No remaining comments. Can serve all lots. Wheat Ridge Sanitation District: No remaining comments. Applicant to set up service. Wheat Ridge Water District: No remaining comments. Applicant to set up service.
Xcel Energy: Utility easements established to provide service to all lots. Applicant working with Xcel to establish service. Century Link: No concerns.
Comcast: No concerns. V. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff has concluded that the proposed subdivision plat results in a logical lot layout. Staff further concludes that the subdivision plat complies with the standards in Article IV of the City Code (subdivision regulations) and that all utility agencies can continue to serve the property. The plat will allow the development to proceed with construction. For these reasons, staff recommends approval of
the subdivision plat.
VI. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WS-18-04, a request for approval of a major
subdivision on property located at 6230 W. 38th Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the
developer’s expense.
With the following conditions: 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction
covenant agreement prior to recordation of the subdivision plat.
3. Prior to issuance of building permits, the developer shall provide owner association covenants for review by staff.
Planning Commission 5 Case No. WS-18-43 / Wang
Option B:“I move to recommend DENIAL of Case No. WS-18-04, a request for approval of a major subdivision on property located at 6230 W. 38th Avenue, for the following reasons: 1. ...”
Planning Commission 6 Case No. WS-18-43 / Wang
EXHIBIT 1: AERIAL (2018)
Planning Commission 7 Case No. WS-18-43 / Wang
EXHIBIT 2: ZONING MAP
Planning Commission 8 Case No. WS-18-43 / Wang
Attached as an 11x17 document on the following page.
EXHIBIT 3:
WANG SUBDIVISION
Planning Commission Minutes – 1 – February 20, 2020
PLANNING COMMISSION Minutes of Meeting February 20, 2020
1. CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS Commission Members Present: Melissa Antol
Will Kerns
Daniel Larson Janet Leo Scott Ohm Richard Peterson
Jahi Simbai
Vivian Vos Commission Members Absent: None
Staff Members Present: Lauren Mikulak, Planning Manager Scott Cutler, Planner II Jordan Jefferies, Civil Engineer II Tammy Odean, Recording Secretary
3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner PETERSON and seconded by Commissioner VOS to approve the order of the agenda. Motion carried 8-0. 5. APPROVAL OF MINUTES – February 6, 2020 It was moved by Commissioner SIMBAI and seconded by Commissioner LARSON to approve the minutes of February 6, 2020, as written. Motion carried 6-0-2 with Commissioners ANTOL and LEO abstaining.
ATTACHMENT 3
Planning Commission Minutes – 2 – February 20, 2020
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS-18-04: an application filed by Billy Wang for approval of a 15-lot major subdivision for the property zoned Mixed Use-Neighborhood (MU-N) located at 6230 West 38th Avenue. Mr. Cutler gave a short presentation regarding the subdivision and the application.
He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case.
Commissioners SIMBAI and VOS wanted an explanation of the ROW dedication and the Public Improvements. Mr. Cutler explained that the ROW dedication will allow for the construction of
the 8ft. sidewalk that will be adjacent to a 6ft. amenity zone.
In response to a question from Commissioner KERNS, about the height and asked about these townhomes being slot homes. Ms. Mikulak clarified they are not slot homes because there is a commercial development between the homes and the
street. She added that the use of the term slot home will be explained in the
ordinance later in the meeting and how the building interfaces with the street. A sideways orientation does not on its own classify the design as slot homes. She confirmed that the site design and use is compliant with the underlying zoning.
Commissioner OHM asked if there is a building setback or envelope shown on the
plat. Mr. Cutler explained that the easements dictate some of the setbacks, but the buildings are set back further on the east side because they are adjacent to single
family homes. He added the setbacks will be shown in the site plan.
Commissioner OHM also inquired about tree placement and Commissioner VOS asked who will take care of the landscaping.
Mr. Cutler assured the commission that there will be street trees as well as trees in
non-Xcel easements along with landscaping and there will be an association who cares for the landscaping, not the City.
Planning Commission Minutes – 3 – February 20, 2020
Commissioner LARSON asked what will be built over the underground detention
pond.
Mr. Cutler explained the alley way and parking will be built over the detention pond.
Anchen Wang, Designer representing the Owner.
2400 Meade Street, Denver Commissioner VOS asked about the height of the commercial building and if the owner has done other developments in the City of Wheat Ridge. Commissioner
VOS also asked if the site plan includes a playground or other amenity.
Mr. Wang said the commercial building will be 30ft. in height and this is the first development for the owner in the City of Wheat Ridge, but he has lived in the City for many years. The applicant confirmed there will be landscaped areas but there
will not be a playground.
Commissioner KERNS asked how this development will fit the neighborhood. He expressed concerns related to building heights and compatibility. He asked about the proposed land use, specifically if the commercial building would include retail
uses.
Mr. Wang explained that the development will engage the neighborhood with both commercial and residential on the site, especially if the commercial site is a restaurant or coffee shop on the lower level and office space above.
Commissioner OHM asked what the pedestrian connection is from the townhomes to 38th Avenue. Mr. Cutler said there will be sidewalks on both sides of the development and they
will connect to the sidewalk on 38th Avenue.
In response to a question from Commissioner PETERSON about access to Founders Park from the development, Mr. Cutler and Ms. Mikulak clarified it is an easy walk, maybe 500ft. from 38th Avenue to Jay Street.
Valerie Cardenas, resident 3775 Jay Street, Wheat Ridge Ms. Cardenas explained that her concern is parking in the neighborhood and would
like to know how accommodations will be made for visitor parking.
Roger Loecher, resident 4599 Carr Street
Planning Commission Minutes – 4 – February 20, 2020
He also had concerns about parking and does not think the current and proposed
sidewalks will match up. He also wanted to know if there will be a 6ft. privacy
fence between the development and the residents on Jay Street. Ms. Mikulak mentioned that these are all site design issues and staff would be happy to share the site design plan in the office. She quickly shared that there will
be parking on site with garages, parking adjacent to the commercial lot, and
subterranean parking below the commercial building. She added the site plan is administratively approved and is compliant with all Mixed-Use zoning standards. It was moved by Commissioner LEO and seconded by Commissioner ANTOL
to recommend APPROVAL of Case No. WS-18-04, a request for approval of a major subdivision on property located at 6230 W. 38th Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the
zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions:
1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction covenant agreement prior to recordation of
the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide owner association covenants for review by staff. Motion carried 6-2 with Commissioner KERNS and VOS voting against.
B. Case No. WZ-19-10: an application filed by Davis Partnership Architects, on behalf of SCL Health for approval of an amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing.
Commissioner SIMBAI disclosed he is on the Board for SCL Health. Ms. Mikulak asked if he would have any financial interest in this application and if he can remain impartial and fair in this decision-making process despite his
participation on the SCL Health Board.
Commissioner SIMBAI confirmed he has no financial gain due to this case and can remain impartial on the voting process. Based on these answers, Ms. Mikulak confirmed he is eligible to participate in the hearing and should not recuse himself.
Planning Commission Minutes – 5 – February 20, 2020
Ms. Mikulak gave a short presentation regarding the amendment and the
application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case.
Commissioner SIMBAI asked if this amendment is approved does it change the Design Pattern Book or the Code. Ms. Mikulak explained that Planned Developments are not codified, but they are
recorded and the Design Pattern Book is a recorded document so it will show up on
title work. Commissioner LARSON wanted confirmation that this amendment applies only to this project and not the City’s Code.
Ms. Mikulak confirmed this to be true and stated all Planned Development are property-specific and are separate from the City Code. Commissioner OHM asked what the underlying zoning is for this property and
asked about the height standards in relation to other mixed use zone districts.
Ms. Mikulak said the zoning is Planned Mixed Use Development (PMUD) and explained the point of reference are the four different Mixed-Use Developments. She also explained that this is an exempted area and it can exceed 50 feet in height.
She explained how the maximum heights were established in the mixed use codes
and why they don’t work for the hospital use. When the mixed use districts were written, there was a public process including visual preference surveys, and the community determined that 4-, 6-, and 8-story buildings were appropriate in those areas were more density was being encouraged. Working with industry experts,
those story heights were translated in to maximum heights of 62/65, 90 and 118
feet respectively. Those height assumptions were based on office uses. A 6-story building for a hospital use has to be taller than 90 feet because of different building codes.
Commissioner ANTOL inquired if the elevator is needed to access the helipad and
if a noise study is necessary for helicopters. Ms. Mikulak mentioned the City does not have a noise requirement. She added it is preferable to have a helipad adjacent to the highway because they tend to follow
highway corridors for flight.
Commissioner LEO asked why the height issue is being addressed now instead of earlier.
Planning Commission Minutes – 6 – February 20, 2020
Ms. Mikulak explained that during the Outline Development process there is no
specific design plan. She added that during this ODP process there was a different
hospital partner for part of the process. The applicant has now had the time to work through conceptual designs to determine their needs. If the height amendment is not approved then it will affect the applicant’s ability to provide the services they have envisioned and they may have to go back to the drawing board
to figure out how this site will be designed.
Steven Chyung, applicant 2541 S. Monroe St., Denver Mr. Chyung gave a brief history of SCL Health, the location of the project, and the
visualization of why the height increase is being requested. He mentioned that by putting the helipad on the roof there will be noise reduction and it is the safest and easiest way to access the emergency room. He noted that the site is not a heliport (no elevator is stationed there) but will likely see an average of 5 helicopter trips
per month.
Commissioner LARSON asked if there is any aviation concerns about wind with the helipad being on the roof.
Mr. Chyung mentioned that the helicopter can be oriented more quickly if put into
the wind, which makes the takeoff more efficient. Commissioner VOS asked which direction the helicopter would take off in.
Mr. Chyung explained it would depend on the wind direction and then the
helicopter will orient over the highway. In response to a question from Commissioner VOS about the hospital’s setback from the interstate, Ms. Mikulak explained that is part of the final site plan design
and will be decided at a later time, but the minimum setback established in the
zoning is 5-feet per story and it is likely the hospital will exceed the minimum setback. Commissioner VOS then asked if the helipad could be placed on the parking
garage.
Mr. Chyung explained that the most efficient way for the patient to get to the OR and/or ER from the helicopter is in a direct vertical path from the hospital roof down into the OR/ER. Transporting a patient from a different building on the
campus would not work.
Commissioner VOS wanted to know the current height of the stories at Lutheran Hospital on 38th Avenue and the proposed height of the stories for the hospital at Clear Creek Crossing.
Planning Commission Minutes – 7 – February 20, 2020
Bruce Fong, architect
500 Eldorado, Broomfield Mr. Fong said the current height of Lutheran Hospital stories is 12 to 13 feet per story and the proposed height at Clear Creek Crossing is 15 to 18 feet per story. He
explained some of the contemporary medical equipment in ERs and OR that
require taller ceiling heights. Commissioner KERNS asked how this hospital will have positive health outcomes for patients being so close to the I-70 Highway, due to noise, vibration and air
quality. He expressed serious concerns about the hospital being sited so close to the
interstate. Mr. Chyung said there will be better access to the hospital being adjacent to the highway. With regards to air and noise pollution, the hospital is built to take the
pollutants out of the air and meet regulatory standards.
Ms. Mikulak and Commissioner OHM reminded the Commission that the hospital is a permitted use and the purpose of this meeting is strictly to decide the height of the hospital.
Commissioner OHM asked if the trauma level 3 designation will change with or without the helipad. Mr. Chyung said no the trauma level designation is not determined by the helipad.
Tara Laventure, resident 13167 W. 33rd Ave., Golden Ms. Laventure mentioned her concerns are with air pollution from the active
construction site, noise from the helicopter and the height of the building.
Chair OHM closed the public forum and asked staff to respond to public comment. Ms. Mikulak explained the height of the hospital will be 102 feet with only the
elevator portion on the roof being at 135 feet. She also clarified that noise is not
addressed in the zoning code, it is considered a nuisance issue elsewhere in the code of laws and applies to all uses in the City. Noise is considered a nuisance if is sustained.
Commissioner LARSON asked what the building timeline is for the hospital.
Ms. Mikulak said she does not have that answer, but it will take longer because it is the largest portion of the property.
Planning Commission Minutes – 8 – February 20, 2020
Commissioner LEO asked what the next steps are for the Planning Commission for
Clear Creek Crossing.
Ms. Mikulak said the review of the Specific Development Plans for this planning area and others would be the next step.
In response to a question from Commissioner VOS regarding the impact on
wildlife due to helicopters flying through the area, Ms. Mikulak mentioned there was an Environment Assessment done per federal regulations in association with the hook ramp infrastructure.
Commissioner ANTOL asked about the timeline of the projects and what the
importance is for having a helipad. Mr. Chyung explained that to be a licensed acute care hospital the requirement is a helipad. He confirmed the height is necessary to achieve the goals of the hospital
campus.
Commissioner VOS asked why they are reviewing the proposed height without a proposed site plan.
Ms. Mikulak said is customary and appropriate to establish the development
parameters, including the maximum height, so the applicant knows the parameters to which they are designing. Chair OHM called for a motion.
It was moved by Commissioner KERNS and seconded by Commissioner VOS to recommend DENIAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The siting and zoning does not promote the positive health outcomes and general welfare of hospital staff, patients and the community. 2. Noise and elevated ambient sound levels due to the adjacent freeway are unbefitting of a height increase for a hospital and associated health campus.
3. Vibration, including low, mid, and high resonant frequencies due to the adjacent freeway are unbefitting of a height increase for a hospital and associated health campus. 4. Air quality, including elevated levels of ultra-fine particulates, black carbon, nitrogen oxides, carbon monoxide, volatile organic compounds,
and particle-bound polycyclic aromatic hydrocarbons (PPAH). Leading to respiratory infections, heart disease, COPD, stroke, asthma, reduced pediatric lung function, and lung cancer. These listed reason
Planning Commission Minutes – 9 – February 20, 2020
are unbefitting of a height increase for a hospital and associated health campus.
5. It is not appropriate to amend zoning standards to recognize the unique needs of a hospital use at this site. There was no discussion.
Motion failed 5-3 with Commissioners ANTOL, LARSON, OHM, PETERSON and SIMBAI voting against. Chair OHM called for an alternate motion.
It was moved by Commissioner LARSON and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The zoning promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. 2. The change in height does not affect the demand on public infrastructure.
3. The amendment is consistent with the goals and objectives of the Comprehensive Plan and purpose of underlying zoning. 4. It is appropriate to amend the zoning standards to recognize the unique needs of a hospital use.
There was no discussion. Motion carried 5-3 with Commissioners KERNS, LEO and VOS voting against. C. Case No. ZOA-20-02: an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the design and plating of multifamily development and attached single family homes. Ms. Mikulak gave a short presentation regarding the ordinance and the application.
She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice requirements have been met, therefore the Planning Commission has jurisdiction to hear this case.
Commissioner PETERSON asked if the building footprint will remain the same with a lot line adjustment.
Planning Commission Minutes – 10 – February 20, 2020
Ms. Mikulak confirmed the building footprint could stay the same if only interior
lots are moved. She clarified that a lot line adjustment shifts the lot line, but does
not always change the number of lots or units. The lot line adjustment process is not specific to townhomes. Commissioner SIMBAI asked if a lot line adjustment can reduce the number of lots
and would the change require another Public Hearing.
Ms. Mikulak then read the definition of a lot line adjustment from the Code and confirmed the number of units may be reduced by definition. The other consideration of whether it requires a hearing would be if such a reduction
materially changes the overall design or not.
Commissioner PETERSON then asked if a lot line adjustment could be reviewed administratively.
Ms. Mikulak confirmed yes that any subdivision application dealing with 3 or
fewer lots could be administrative. Commissioner ANTOL said she likes the tools that are provided by this ordinance to prohibit slot home developments.
Commissioner LARSON asked about Section F of the ordinance and wanted the word “predominant” explained. Ms. Mikulak explained there is no definition, but in some developments not all
front doors face a street, but predominately they all do. She added that some
discretion is required and there will be some high standards in the development code. Commissioner LARSON then asked about the minimum separation of 10ft.
between buildings. He also inquired why some units are very narrow.
Ms. Mikulak explained the 10ft. is between the townhome buildings not each unit because they are attached. Ms. Mikulak added that some units are narrow to achieve affordability and meet market demand.
In response to a question from Commissioner VOS, Ms. Mikulak gave the definitions of the façade design and articulation methods listed on Page 2 in Section 3.B.1.
Commissioner KERNS asked if this ordinance outlaws the slot home typology.
Ms. Mikulak explained that a slot home is defined by several characteristic features: they are sideways oriented, bulky and massive, lack change in materials and don’t have front doors facing the street. She added this ordinance does
Planning Commission Minutes – 11 – February 20, 2020
prohibit slot homes as defined by all of these things, but does not prohibit the
sideways orientation individually because here in the City of Wheat Ridge there
are a lot of narrow properties. The focus is on how the units relate to the street. Commissioner VOS asked if there can be a flat side of some façades on the townhomes.
Ms. Mikulak clarified that the mixed use code is requires “four-sided architecture” meaning architectural requirements applies to all sides of the buildings. Commissioner OHM asked if there is a minimum unit width.
Ms. Mikulak said there is no minimum requirements for townhome lots in the zoning code, but there are building codes that could dictate minimums and those will be followed.
No one from the public wanted to testify.
It was moved by Commissioner KERNS and seconded by Commissioner LEO to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the design and platting of multifamily development and attached single family homes.
Motion carried 8-0. 8. OLD BUSINESS
9. NEW BUSINESS
• Ms. Mikulak mentioned we have a new Senior Neighborhood Planner, Jeff Hirt
and are currently advertising for a Neighborhood Engagement Specialist.
• Commissioner LARSON asked about the process for implementation of the NRS. Ms. Mikulak explained it the NRS work plan assumes 10 years in total and it will take about 2 years to cover the entire city in the first round of the neighborhood
engagement program then it will be an ongoing program.
• Commissioner VOS mentioned this could be her last meeting if she is not reappointed by City Council.
• Ms. Mikulak mentioned that there will not be any cases to be heard during the
month of March.
• Commissioner KERNS asked about the closing of Lucky’s. Ms. Mikulak noted that it’s too early to know who may backfill the property.
10. ADJOURNMENT
Planning Commission Minutes – 12 – February 20, 2020
It was moved by Commissioner PETERSON and seconded by Commissioner KERNS to adjourn the meeting at 9:30 p.m. Motion carried 8-0.
__________________________ _______________________________ Scott Ohm, Chair Tammy Odean, Recording Secretary
ITEM NO: DATE: March 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 05-2020 – AN ORDINANCE APPROVING AN AMENDMENT TO THE EXISTING PLANNED MIXED USE DEVELOPMENT (PMUD) ZONING TO INCREASE THE ALLOWABLE HEIGHT FOR HOSPITAL USES AT CLEAR CREEK CROSSING (CASE NO. WZ-19-10)
PUBLIC HEARING ORDINANCES FOR 1ST READING (03/09/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/13/2020)
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________
Community Development Director City Manager
ISSUE: The applicant is requesting to modify the underlying zoning to increase the allowable height for
hospital uses. A hospital is already a permitted use in the existing zoning, and the existing
zoning also contemplated 6-story employment uses. However, a hospital built to six stories requires an additional 12 feet of height to meet design requirements and current building codes. The applicant is also seeking a limited additional height allowance to accommodate a rooftop elevator associated with a helipad.
PRIOR ACTION: Planning Commission heard the request at a public hearing on February 20, 2020, and recommended approval. The Planning Division staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading.
FINANCIAL IMPACT: Fees in the amount of $1,079 were collected for the review and processing of Case No. WZ-19-10. If the development advances, next steps would include a Specific Development Plan andbuilding permits, and review fees as well as use tax would be paid as part of those processes.
4
Council Action Form – CCC ODP Height Amendment
March 9, 2020
Page 2 BACKGROUND: The applicant is requesting to modify the underlying zoning to increase the allowable height for
hospital uses. The property is zoned Planned Mixed Use Development (PMUD) and more specifically is subject to the Clear Creek Crossing Outlined Development Plan (ODP) and Design Pattern Book (DPB) which were approved by City Council in 2018 (Case No. WZ-16-07).
This request seeks to modify the maximum height standards only for a portion of the property (Planning Area 1 only). Per Section 26-307 of the municipal code, any change to a development parameter within a planned development is processed the same as the original approval, meaning this request requires review at public hearings before Planning Commission and City Council.
Existing Conditions The subject property is commonly known as Clear Creek Crossing, and is located west of Interstate 70, south of Highway 58, and north of 32nd Avenue. Properties surrounding Clear Creek Crossing have a variety of land uses and zoning designations. Within Wheat Ridge, that
includes Clear Creek Trail and the Coors water storage facilities; the Applewood Golf Course
and a large-lot single-family neighborhood are adjacent to the site but outside the City boundary. In total Clear Creek Crossing is approximately 110 acres in size, and Planning Area 1 (PA 1) comprises approximately 25 acres of the site. In the approved zoning documents, PA 1 is
proposed to have a major employer. The applicant, SCL Health, purchased the land in 2018 and
has started preliminary site planning. That effort has resulted in this request for increased height. Proposed Height Amendment SCL Health is seeking to construct a medical campus in Planning Area (PA) 1 including a
hospital building that is six (6) stories in height. Additionally they are requesting an allowance
for a rooftop elevator and other auxiliary structures associated with a rooftop helipad. Under current zoning standards, the maximum permitted height in PA 1 is 90 feet for “primary employment uses;” this generally accommodates a six-story office building. While a hospital is a
permitted use in PA 1, the current zoning does not specifically contemplate a different height
standard for a hospital use. The proposed amendment would modify the maximum building height in PA 1 by adding two new categories to the maximum height standards; those proposed categories are shown in red in the table below.
Maximum Building Height in PA 1
(black text shows existing height standards, red text denotes the two categories proposed by this request)
Commercial / Retail / Other Single Commercial Uses: 62’ – 0”
Residential Uses: 65’ – 0”
Primary Employment Uses: 90’ – 0”
Mixed Use (Defined as Vertical Integration of Uses): 90’ – 0”
Hospitals: 102’ – 0”
Elevators and Entry Vestibules for Access to Rooftop
Helipads on Hospitals: 135’ – 0” (limited to a maximum area of 2,500 sf)
Council Action Form – CCC ODP Height Amendment
March 9, 2020
Page 3 There are no other changes to the zoning or to the ODP or DPB documents. The proposed
amendment is written as narrowly as possible so as not to increase the maximum height of other
land uses or functions. The 102-foot height limit would accommodate the design requirements and building codes for a six-story hospital. The additional height for the elevator and vestibule is limited in size to the smallest possible footprint of 2,500 square feet—likely a small portion of the overall roof. If the request is approved, specific building and site design would be subject to
review by staff and the Planning Commission in a Specific Development Plan application.
The applicant’s letter of request as well as a complete analysis of the zone change criteria will be provided in the Planning Division Staff Report at second reading.
RECOMMENDATIONS:
The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10;
Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes
place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the
applicant and all interested parties have their due process rights to a hearing, the City Attorney
advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Division Staff Report and Planning Commission meeting minutes will be included in the City Council packet for the public hearing.
RECOMMENDED MOTION: “I move to approve Council Bill No. 05-2020, an ordinance approving an amendment to the existing Planned Mixed Use Development (PMUD) zoning to increase the allowable height for hospital uses at Clear Creek Crossing, on first reading for the sole purpose of ordering it
published for a public hearing set for Monday, April 13, 2020 at 7 p.m. in City Council
Chambers, and, if adopted, that it take effect 15 days after final publication.” Or,
“I move to postpone indefinitely Council Bill No. 05-2020, an ordinance approving an
amendment to the existing Planned Mixed Use Development (PMUD) zoning to increase the allowable height for hospital uses at Clear Creek Crossing for the following reason(s) _______________.”
REPORT PREPARED/REVIEWED BY:
Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
Council Action Form – CCC ODP Height Amendment
March 9, 2020
Page 4 ATTACHMENTS: 1. Council Bill No. 05-2020
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER _________
COUNCIL BILL NO. 05 ORDINANCE NO. _________ Series of 2020 TITLE: AN ORDINANCE APPROVING AN AMENDMENT TO THE
EXISTING PLANNED MIXED USE DEVELOPMENT (PMUD) ZONING TO INCREASE THE ALLOWABLE HEIGHT FOR HOSPITAL USES AT CLEAR CREEK CROSSING (CASE NO. WZ 19-10)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, SCL Health submitted a land use application for approval of an amendment to the existing Planned Mixed Use Development (PMUD) zoning for
property at Clear Creek Crossing; and,
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for the site to function as a mixed use regional destination including employment uses; and,
WHEREAS, the existing zoning allows for a hospital but does not specifically contemplate height standards for hospital uses; and,
WHEREAS, the zone change criteria support the request; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 20, 2020 and voted to recommend approval of the application, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by SCL Health for approval of an amendment to the existing Planned Mixed Use Development (PMUD) zoning at Clear Creek Crossing, and pursuant to the findings made based on testimony and evidence
presented at a public hearing before the Wheat Ridge City Council, a zone
change is approved for the following described land: CLEAR CREEK CROSSING SUBDIVISION FILING NO. 2 AND OUTLOOK AT CLEAR CREEK CROSSIGN SUBDIVISION, CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 9th day of March 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, April 13, 2020 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2020.
SIGNED by the Mayor on this _______ day of _______________, 2020.
_________________________ Bud Starker, Mayor
ATTEST: _________________________
Steve Kirkpatrick, City Clerk
Approved as to Form
_________________________
Gerald Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript:
Effective Date:
ITEM NO: DATE: March 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 06-2020 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-07 / HARDI)
PUBLIC HEARING ORDINANCES FOR 1ST READING (03/09/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/13/2020)
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________
Community Development Director City Manager
ISSUE: The applicant is requesting approval of a zone change from Residential-One (R-1) to Planned
Residential Development (PRD) with an Outline Development Plan for property located at 9800
W. 38
th Avenue (southeast corner of W. 38th Avenue and Johnson Street). The purpose of thisrequest is to prepare the property for the development of four (4) single-family homes and three(3) duplexes, for a total of ten (10) dwelling units.
PRIOR ACTION: Planning Commission heard the request at a public hearing on February 6, 2020 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading.
FINANCIAL IMPACT: Fees in the amount of $1,186 were collected for the review and processing of Case No. WZ-19-07. If the development advances, next steps would include a Specific Development Plan, subdivision, and building permits; review fees, use tax, and parkland dedication fees would be paid as part of those processes.
5
Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD
March 9, 2020
Page 2 BACKGROUND: The subject property is located on the south side of W. 38th Avenue between Johnson Street and Iris
Court and is currently vacant. It is 1.28 acres in size. Surrounding Land Uses Surrounding properties include a variety of land uses and zoning. Immediately to the west across
Johnson Street is a vacant parcel zoned Planned Commercial Development (PCD), owned by the
City of Wheat Ridge. Beyond that is a parcel zoned Commercial-One (C-1), which currently contains Appleridge Café. To the southwest of the site is Discovery Park. On the west side of Kipling Street is the recently developed Kipling Ridge shopping center with Sprouts and Starbucks as major tenants. To the east is the Meadow Haven Subdivision, zoned Residential-Two
A (R-2A), consisting of mostly duplexes and a single-family home. To the south are properties
zoned Residential-One (R-1), containing single-family homes on large lots. To the north, across W. 38th Avenue, are properties zoned Residential-Two (R-2), containing a mix of duplexes and single-family homes.
Current and Proposed Zoning
The property is currently zoned Residential-One (R-1) which permits low-density residential development with lot sizes at a minimum of 12,500 square feet and 100 feet wide. The applicant is requesting the property be rezoned to Planned Residential Development to facilitate the development of four (4) single-family homes and three (3) duplexes, for a total of ten (10) units.
Because the site is over one (1) acre, City Code does not allow the property to be rezoned to a “straight zone district” such as R-2A or R-3 which could potentially accommodate the proposed type of development. Section 26-301.B.2 requires any application for a zone change for residential properties over one (1) acre in size to be to a planned development (PRD).
The Outline Development Plan (ODP) limits the building types to single-family homes or duplexes and establishes setbacks, height allowances, parking requirements, architectural requirements, the character of development, and landscaping percentages. The proposed building heights are lower than currently allowed under the R-1 zoning and have larger perimeter setbacks
on the east and south sides of the development which borders existing residential uses. The
proposed buildings would be accessed from a shared alleyway that connects to W. 38th Avenue and Johnson Street. Duplexes would be located along W. 38th Avenue and the single-family homes would be located along the alleyway on the south half of the site. The proposed development serves as a transition between a similar residential density to the east, W. 38th Avenue, and the R-1
neighborhood to the south.
A complete analysis of the zone change criteria and the ODP will be included with the ordinance for second reading in the Planning Division staff report.
Related Applications
Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first is the Outline Development Plan, which, if approved, changes the zoning
Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD
March 9, 2020
Page 3 designation on the land, establishes allowed uses and development standards for the property, and
establishes access configurations for vehicles, pedestrians, and bicycles. The second document is
the Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the
ODP and SDP, and also allows for concurrent review of the SDP and plat. In this case, the
applicant is requesting sequential review of the ODP and SDP. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a
result, the applicant is entitled to a public hearing on the application.
Rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading.
First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public
hearing, and for this reason, the packet materials provided on first reading are generally limited.
The Planning Division Staff Report and Planning Commission meeting minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 06-2020 an ordinance approving the rezoning of property
located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP), on first reading for the sole purpose of ordering it published for a public hearing set for Monday, April 13, 2020 at 7 p.m. in City Council Chambers, and, if adopted, that it take effect 15 days after final publication.”
Or, I move to postpone indefinitely Council Bill No. 06-2020 an ordinance approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential
Development (PRD) with an Outline Development Plan (ODP) for the following reason(s)
_________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II
Lauren Mikulak, Planning Manager
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD
March 9, 2020
Page 4 ATTACHMENTS: 1. Council Bill No. 06-2020
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER _________
COUNCIL BILL NO. 06 ORDINANCE NO. _________ Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 9800 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-07 / HARDI)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Ardalan and Kim Hardi submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) District for property at
9800 W. 38th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for vibrant neighborhoods, diversification of housing stock and household types, and reinvestment in underutilized properties in
neighborhood areas; and, WHEREAS, the proposed development is compatible with the surrounding area, provides an appropriate transitional land use, and complies with the comprehensive plan; and,
WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 6, 2020 and voted to recommend approval of the rezoning of the property
to Planned Residential Development (PRD),
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Ardalan and Kim Hardi for approval of a zone
change ordinance from Residential-One (R-1) to Planned Residential Development (PRD) for property located at 9800 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the
following described land:
A PARCEL OF LAND BEING A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 27 BEING N 89°39'35” E, CITY OF WHEAT RIDGE DATUM AND MONUMENTED AS FOLLOWS:
-NORTHWEST CORNER OF SECTION 27, BEING A FOUND 3.25” ALUMINUM
CAP IN RANGE BOX, PLS 29757, PER MON. REC. DATED 1-14-13, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15409. -NORTH 1/4 CORNER OF SECTION 27, BEING A FOUND 3.25” BRASS CAP
IN RANGE BOX, PLS 13212, PER MON. REC. DATED 5-5-06, CITY OF
WHEAT RIDGE DATUM CONTROL POINT NO. 15509. POINT OF COMMENCEMENT AT THE NORTHWEST CORNER OF SECTION 27;
THENCE N 89°39'35" E ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 27 A DISTANCE OF 662.91 FEET; THENCE S 00°11'55" E A DISTANCE OF 30.00 FEET TO THE NORTHWEST
CORNER OF MEADOW HAVEN SUBDIVISION, A SUBDIVISION RECORDED
AT RECEPTION NO. 86051870 AND THE POINT OF BEGINNING; THENCE S 00°11'55" E ALONG THE WESTERLY LINE OF SAID MEADOW HAVEN SUBDIVISION AND THE EXTENSION THEREOF A DISTANCE OF
247.00 FEET TO A POINT ON THE NORTHERLY LINE OF WESTHAVEN
SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 51495593; THENCE ALONG SAID NORTHERLY LINE OF WESTHAVEN SUBDIVISION THE FOLLOWING FOUR (4) COURSES:
1. N 84°09'48" W A DISTANCE OF 40.12 FEET; 2. N 66°49'07" W A DISTANCE OF 66.72 FEET;
3. N 70°16'31" W A DISTANCE OF 166.12 FEET;
4. N 43°14'39" W A DISTANCE OF 28.03 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF JOHNSON STREET;
THENCE N 00°12'32" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A
DISTANCE OF 138.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE;
THENCE N 89°39'35" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE A DISTANCE OF 276.48 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 55,957 SQUARE FEET, OR 1.2846 ACRES MORE OR LESS.
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 9th day of March 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, April 13, 2020 at 7:00 o’clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2020.
SIGNED by the Mayor on this _______ day of _______________, 2020. ___________________________
Bud Starker, Mayor
ATTEST:
_________________________ Steve Kirkpatrick, City Clerk Approved as to Form
__________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication:
Wheat Ridge Transcript
Effective Date: Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us
ITEM NO: DATE: March 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 07-2020 – AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF
YOUNGFIELD SERVICE ROAD, A PUBLIC ROADWAY
PUBLIC HEARING ORDINANCES FOR 1ST READING (03/09/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/13/2020) RESOLUTIONS
QUASI-JUDICIAL: YES NO
____________________________ ______________________________ Community Development Director City Manager
ISSUE: The City of Wheat Ridge holds rights-of-way in trust for the public. A portion of Right-of-Way (“ROW”) at the north end of the Youngfield Service Road, located on the west side of Interstate 70, has been deemed to be unnecessary by the Engineering Division and is proposed to be vacated.
PRIOR ACTION: The portion of the Youngfield Service Road cul-de-sac ROW at issue was originally dedicated by a plat approved by the Wheat Ridge City Council on May 9, 2011.
FINANCIAL IMPACT:
None. The ROW is currently owned and maintained by the City of Wheat Ridge.
BACKGROUND: The subject ROW is adjacent to the southeast corner of the Clear Creek Crossing project. Over
the last 10 years there have been a series of subdivision plats processed for the Clear Creek
Crossing project, including the following:
6
Council Action Form – Youngfield Service Road ROW Vacation
March 9, 2020
Page 2 PLAT: RECORDING INFO/DATE:
Clear Creek Crossing Subdivision Filing No. 1 Rec#2011072532 / May 9, 2011
Clear Creek Crossing Subdivision Filing No. 2 Rec#2018063556 / July 13, 2018 Kum & Go replat Lot 1, Block 3, CCC Filing 2 Currently under staff review Historically, the Youngfield Service Road ROW, has run parallel to I-70 on the west side of the
highway, within the Colorado Department of Transportation (“CDOT”) jurisdiction. The Clear Creek Crossing Subdivision Filing No. 1 plat dedicated to the City of Wheat Ridge several internal roads that would replace portions of the Youngfield Service Road (including Clear Creek Drive and W. 40th Avenue). In addition, the plat dedicated a small area of ROW for the Youngfield Service Road to allow for completion of a cul-de-sac (turn-around bulb) to be located
at the southeast corner of Clear Creek Crossing. The ROW dedication would allow the cul-de-
sac bulb to be constructed on the east side of Lot 1, Block 4, Clear Creek Crossing Subdivision Filing No. 1. As conceptual development plans for Clear Creek Crossing have evolved, an alternative design
has been deemed more appropriate, and the right-of-way for the cul-de-sac is no longer required.
The Clear Creek Crossing Subdivision Filing No. 2 plat granted a 24’ wide access easement along the southerly portion of said Lot 1, being the southernmost parcel of the subdivision. The 24’ Access Easement is currently proposed to be replaced by yet a wider, 36’ wide Access Easement (the “Easement”) upon recordation of the Kum & Go replat of Lot 1, Block 3,
currently in process and under staff review. The 36’ Easement will allow traffic to flow freely
through the southerly portion of Lot 1, Block 3, Clear Creek Crossing Subdivision Filing No 2, from Clear Creek Drive on the west to the Youngfield Service Road ROW on the east. The Easement area will essentially function as a private drive, and therefore negate the need for
the cul-de-sac originally proposed at the Youngfield Service Road terminus. Since traffic flow
will now be continuous from Clear Creek Drive through the Kum & Go to the Youngfield Service Road, the originally proposed turn-around bulb will not be constructed should this vacation be approved. The CDOT-controlled ROW will remain intact. CDOT has approved the alternative design and this proposed ROW vacation.
RECOMMENDATION: Staff recommends approval of the ROW vacation and associated ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 07-2020, an ordinance vacating any interest held by the
City in a portion of Youngfield Service Road, a public roadway on first reading, order it published, public hearing set for Monday, April 13, 2020 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication.”
Or,
Council Action Form – Youngfield Service Road ROW Vacation
March 9, 2020
Page 3 “I move to postpone indefinitely Council Bill No. 07-2020, an ordinance vacating any interest
held by the City in a portion of Youngfield Service Road, a public roadway for the following
reason(s) ________________. REPORT PREPARED AND REVIEWD BY: Dave Brossman, Development Review Engineer
Lauren Mikulak, Planning Manager
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2020
2. Legal Description 3. Vacation Exhibit Aerial
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ________
COUNCIL BILL NO. 07 ORDINANCE NO. _________ Series 2020 TITLE: AN ORDINANCE OF THE CITY OF WHEAT RIDGE
VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF YOUNGFIELD SERVICE ROAD, A PUBLIC ROADWAY WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the
public and the landowners abutting such rights-of-way; and
WHEREAS, a portion of right-of-way along the westerly side of the Youngfield Service Road is unneeded for public roadway purposes; and
WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(I) and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined
that the nature and extent of the public use and the public interest to be served is such
as to warrant the vacation of this area; and
WHEREAS, a drainage and utility easement shall be retained by the City of Wheat Ridge over the entirety of the right-of-way proposed for vacation; and
WHEREAS, the portion of the Youngfield Service Road right-of-way to be
vacated and which is the subject of this ordinance is more fully described on Exhibit A
attached hereto and fully incorporated herein by this reference; and
WHEREAS, no property abutting said public roadway will be left without an established public road or private-access easement connecting said land with another established public road.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Vacation. To the extent of any City interest therein, the following portion of the Youngfield Service Road right-of-way is hereby vacated, the same being no longer required for public use and the public interest will be served by
such vacation, as more particularly described on the attached Exhibit A.
Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 3. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___
on this 9th day of March 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for April 13, 2020 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2020. SIGNED by the Mayor on this _____ day of ____________, 2020.
_________________________ Bud Starker, Mayor
ATTEST: _________________________
Steve Kirkpatrick, City Clerk
Approved as to Form
_________________________ Gerald E. Dahl, City Attorney First Publication:
Second Publication:
Wheat Ridge Transcript Effective Date: Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us
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ZINNIA CT WR Te ch nolog ie s Inc
DATE: 02/10/2020
Horizontal Coordinate S yste m :NAD83/92 S tate Plane , Colorado Ce ntral Zone 0502
Ve rtical Datu m : NAVD88
7500 We st 29th Ave nu eWh e at Ridg e , CO 80033-8001303.234.5900
DISCLAIMER NOTICE:
Th is is a pictorial re pre se ntation of g e og raph ic and de m og raph ic inform ation. Re liance u pon th e accu racy,re liability and au th ority of th is inform ation is sole ly th ere qu e stor’s re sponsibility. Th e City of Wh e at Ridg e , in Je ffe rson Cou nty, Colorado - a political su bdivision of th e S tate of Colorado, h as com pile d for its u se ce rtain com pu te rize d inform ation. Th is inform ation is availableto assist in ide ntifying g e ne ral are as of conce rn only. Th e com pu te rize d inform ation provide d h e re in sh ou ld only be re lie d u pon with corroboration of th e m e th ods, assu m ptions, and re su lts by a qu alifie d inde pe nde nt sou rce . Th e u se r of th is inform ation sh all inde m nify andh old fre e th e City of Wh e at Ridg e from any and all liabilitie s, dam ag e s, lawsu its, and cau se s of action th atre su lt as a conse qu e nce of h is re liance on inform ation provide d h e re in.
Kum & Go ROW Vacation
Legend
Inte rstateS tate _Hig h wayROW_CURRENTJe ffCo Parce ls_S e pt-2019Road CenterlineCLASSPrim ary road, inte rstate h ig h way, lim ite d acce ss roadS e condary road, U.S . h ig h way Conne cting road, cou nty roadsNe ig h borh ood road, city stre e t, u nim prove d roadS pe cial Road Fe atu re
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ATTACHMENT 3