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HomeMy WebLinkAbout07/10/2006 () j '-/(.1{ rkY.Jo /V 6:30 p.m. Pre-Meeting ;\ ~':'iJ~;\ CITY COUNCil MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Julv 10. 2006 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF June 26, 2006 PROCLAMATIONS AND CEREMONIES Medal of Valor Presentations Proclamation for Recreation and Parks Month City of Wheat Ridge - 2006 Civics Awareness Program Winner presented by Colorado Municipal League CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA Item 1. CONSENT AGENDA: A. Award ITB-06-11 2006 Slurry Seal Project in the amount of $290,684.90. B Award ITB-06-47 Miscellaneous Streets Improvement Project in the amount of $432,240 38 C Award RFB-06-33 Radar Speed Display Signs at a total cost of $25,000.00 """'" \ ~ r CITY COUNCIL AGENDA. July 10, 2006 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Item 3. COUNCIL BILL 14-2006 - AN ORDINANCE AMENDING ARTICLE /I OF CHAPTER 9 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, CONCERNING SMOKING IN PUBLIC PLACES COUNCIL BILL 15-2006 - AN ORDINANCE APPROVING THE PARTIAL REVOCATION OF AN EASEMENT AND THE GRANT OF AN ADDITIONAL EASEMENT TO THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 16-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURE ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) FOR PROPERTY LOCATED AT 5220 QUAIL STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-06-02) (Wilson Community Development) COUNCIL BILL 17-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No. WZ-06-03) (Coors Brewing Company and Cabela's) DECISIONS, RESOLUTIONS, AND MOTIONS Item 5. Item 6. Item 7. Award ITB-06-35 Youngfield Street, 38th to 44th Avenue Improvement Project Construction in the amount of $2,095,517.02. Wheat Ridge Foundation appointment. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MA TIERS ADJOURNMENT m~MDDJmB CITY OF WHEAT RIDGE, COLORADO June 26. 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7 00 P m Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens. APPROVAL OF MINUTES OF June 12. 2006 Motion by Mr Schulz for approval of the Minutes of June 12, 2006, seconde'd by Mrs Rotola, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor DiTullio presented the Safety Champion Award to the City of Wheat Ridge from the Colorado Intergovernmental Risk Association (CIRSA) Mayor DiTullio and Councilor Karen Berry presented Certificates of Excellence to Autumn Hughes, National Geography Bee, and Tyler Hughes, 2006 Colorado Chess Champion. CITIZENS' RIGHT TO SPEAK No citizens were present to speak under this agenda item Item 1. CONSENT AGENDA: A. Award RFB-06-46 Panasonic Computer Notebooks for Police Department Patrol Vehicles to Portable Computer Systems in the total amount of $29,07000 B Award RFB-06-37 replacement of the outdoor bleachers at Prospect Park in the amount of $44,076.00 Consent Agenda was introduced and read by Mr Schulz. Motion by Mr Schulz for approval of the Consent Agenda, seconded by Mr Womble, carried 8-0 CITY COUNCIL MINUTES. June 26, 2006 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL NO 13-2006 - AN ORDINANCE ADOPTING A NEW ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE Mayor DiTullio opened the public hearing Council Bill 13-2006 was introduced by Mrs Rotola City Clerk Pam Anderson assigned Ordinance No 1363 and read the executive summary Kathy Franklin, Sales Tax Auditor, presented the staff report. Mayor DiTullio closed the public hearing Motion by Mrs Rotola to approve Council Bill 13-2006 (Ordinance 1363) on second reading and that it take effect January 1, 2007, seconded by Mrs Sang, carried 8-0 Item 3. PUBLIC HEARING ON RESOLUTION 30-2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ADOPTING THE NORTHWEST SUBAREA PLAN AND BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN Mayor DiTullio opened the public hearing. Resolution 30-2006 was introduced by Mr Schulz and he read the executive summary Alan White, Director of Community Development presented the staff report. He stated that notice of the public hearing was given as required by state statute In addition, letters and amendments were sent to approximately 80 owners in this area Jeff Winston, principal of Winston & Associates and Consultant to the Community Development Department, made a PowerPoint presentation on the proposed Northwest Subarea Plan Alan White summed up the presentation and described three proposed amendments to the plan Connie Burg, 5195 Swadley Street, not in favor or opposed, and is just asking that the Council hold in the highest regard the quality of life of the existing residents CITY COUNCIL MINUTES June 26, 2006 Page -3- Janet Bell, 10095 W 34th Avenue, testified that she did participate in many of the planning sessions that Winston & Associates conducted She has questions about whether the enterprise zone in the area still existed She has concerns about the lack of infrastructure, including drainage improvements, in the efforts to market development and redevelopment. She questioned potential 1-70 improvements and the impact on the area, and some suggestions on building placement. The next piece is involving a panel of people experienced in development R.F P 's and the shifts in the current market environment and implementation for the salability She strongly supports the sub-area plan approach John Cillessen, property owner at 49th Place and 52nd Ave and Swadley Avenue, testified that there are a whole lot more roads than were talked about at first. He stated that the parcels are too small for development. He doesn't believe that the plan should be adopted Other considerations need to taken and looked at. Byron Kelly, 12681 W 49th Avenue, testified that he is a professional engineer with background in railroading and light rail. He has attended several of the planning sessions He stated that traffic is and will continue to be a major concern You have not approached this right regarding the grade separation for the railroad You need to get involved with CDOT and RTD I think it is a good idea to do this, but since it is an advisory document, there are no teeth to the document. Bob Harmsen, 12068 W 50th Place, believes that there should be more thought put into the plan He does not see any economic advantage to the plan, we are cutting the property into too small pieces There is no railroad right of way in Mt. Olivet Cemetery With so much traffic, where are all the pedestrians going to walk? I don't think this is the plan that we need Mr Womble left the meeting at 814 p m. He returned at 816 p m. Sharon Peterson, trustee for the property at 12360 W 49th Place, testified that she sees problems with traffic and drainage I think the plan is premature With the streets, there is no room left for development. Increasing density will increase traffic She asks that the plan not be adopted until there is more input from other agencies involved in this. Ranya Kelly, 12601 W 49th Avenue, she agrees with the previous individuals that testified in opposition to the plan Kim Calomino, 4070 Dover Street, spoke in support of the plan It is a guiding document as we move forward over the next 6, 8 and 10 years She stated that this is a thoughtful and forward thinking vision that identified appropriate policy goals We can't neglect, misuse or misdirect this opportunity in line with the goals of Wheat Ridge 2020 She stated that density is really important to allow mixed use and allow for a range of affordability The Charter is not an appropriate location for addressing density CITY COUNCIL MINUTES. June 26, 2006 Page -4- John Geiger, property owner at 12280 W 50th Place, stated that by the time the road and drainage goes in, his property is worthless. He believes there needs to be more research before adopting the plan Sean Baker, property owner at 5040 Ward Road, recommends conditional approval He sees this as a first step of a many step vision He has big traffic and drainage concerns The additional language relieves some of his concerns He is worried about having to give up a third to half of his property for roads Who is going to pay the burden? It would be nice to see a nice project here Tom Beyer, 165 Dudley, property owner in that area, asks that Council moves a little slower on this Recess called at 8 33 P m Reconvened at 8 44 P m Mr White spoke to the changing nature and adaptability of comprehensive or sub-area plans according to the needs and desires of the area and the process for amendment. In response to questions from citizens he stated that the enterprise zone is still in effect. He addressed the proposed relocation of ramps at 1-70 and 44th Avenue There are not immediate cures to the drainage and traffic issues included in the plan The only way to sub-divide a parcel is by application of the property owner in a public hearing process It is an advisory document. Because of the limitations of the railroad and the State Highway, a grid system is a good approach Subdivision of the parcels and creating street frontage also increase property values He does not believe that we wait until RTD completes the EIS, and that it is important that we have a plan in place for the record before that process takes place Mr Winston stated that the nature of the plan is to address the problems in the area He addressed this issue of the railroad crossings brought up in testimony The importance of the plan is predictability, not finality Ten years in a developer's framework is tomorrow If the developer knows that there is an overall strategy, it increases the attractiveness of the parcels to development. It is important to have a plan in place, because in the absence of one, we may preclude the possibility of a transit-oriented development. City Council asked questions of staff Mayor DiTullio closed the public hearing CITY COUNCIL MINUTES June 26,2006 Page -5- Motion by Mr Schulz to adopt Resolution 30-2006 with the following amendments 1 The following language will be added to the Northwest Sub-area Plan Introduction on page 4 "The plan is an advisory document and is not mandatory. It provides guidelines for development and design and is not intended as strict requirements for development." 2 In the Land Use Section on page 16, the following statement will be deleted "LANDSCAPE: The area along Ward Road should be landscaped at least 10 feet from the right of way." 3 In the Traffic Section on page 22 under the Ward Road discussion, the following statement will be added "When Ward Road is widened, consideration should be given to streetscaping in the roadway design." Seconded by Mrs Rotola Mr Gokey finds it difficult to support a sub-area plan that goes all the way over to Kipling Does it impact businesses and landowners? And none of them were notified Let's be open and transparent and let's not be selective I agree with the people that came and spoke from the area, we need a little bit more time and more thought to be added to this I don't think it is a horrible document, it's just lacking in those specific areas I would like for us to feel confident, whichever direction this goes, that in 20 years somebody doesn't say who is the egg-head who voted for this one I just don't want to stick my name on this one without a little bit more work to go into it. Motion by Mrs Berry to amend the Resolution to Strike #2 and insert: "The Northwest sub area plan shall take precedence over the Comprehensive Plan for the portion of the City covered by the Subarea Plan. Where the Comprehensive Plan conflicts with the Northwest Subarea Plan, the Northwest Subarea Plan shall super cede the Comprehensive Plan"; seconded by Mrs Adams, carried 6-2, with Womble and Gokey voting no Mr Gokey just wanted to caution everybody that this is a huge leverage tool that can either be used correctly or incorrectly Motion as amended carried 7 -1, with Mr Gokey voting no CITY COUNCIL MINUTES June 26. 2006 Page -6- Item 4. Public Meeting on 2007 Budget. Mayor DiTullio opened the public hearing Mr Stites introduced the item and read the executive summary Tom Slattery, 6869 W 32nd Avenue, representing Wheat Ridge United Neighborhoods, read a letter from the organization into the record requesting that Council authorize the staff to print additional hard copies of the preliminary budget and make them available for citizens to purchase at a nominal cost. This will allow citizens to review the budget. Louise Turner, 11256 W 38th Avenue, supports the United Neighborhoods request. The budget needs to be easy to use. There should be a table of contents and numbered pages There should be detailed accounting regarding fringe organizations like the Urban Renewal Authority, the Wheat Ridge Business District, Cabelas, the Longs Peak District, and Wheat Ridge 2020 The citizens have a right to know how the money is spent that is allocated to these groups. The budget document should be smaller She does not like the feature of "Did you know?" Mr Goff stated he would provide extra preliminary budget copies and also have a copy at the library and Senior Center The adopted budget will be on the website and he is contemplating on having the preliminary budget on the website Mayor DiTullio closed the public hearing ORDINANCES ON FIRST READING Item 5. COUNCIL BILL 14-2006 - AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 9 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, CONCERNING SMOKING IN PUBLIC PLACES Council Bill 14-2006 was introduced on first reading by Mr Schulz. Motion by Mr Schulz to approve Council Bill 14-2006 on first reading, order it published, public hearing set for Monday, July 10, 2006 at 7:00 p m in the City Council Chambers, and that it take effect immediately upon adoption, seconded by Mrs Sang; carried 7-1, with Mr Womble voting no CITY COUNCIL MINUTES June 26, 2006 Page -7- Item 6. COUNCIL BILL 15-2006 - AN ORDINANCE APPROVING THE PARTIAL REVOCATION OF AN EASEMENT AND THE GRANT OF AN ADDITIONAL EASEMENT TO THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS Council Bill 15-2006 was introduced on first reading by Mr Womble Motion by Mr Womble to approve Council Bill 15-2006 on first reading, order it published, public hearing set for Monday, July 10, 2006 at 700 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Sang, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 7. RESOLUTION 31-2006 - APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE WHEAT RIDGE URBAN RENEWAL AUTHORITY AND AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A ONE TIME PAYMENT TO THE AUTHORITY IN THE AMOUNT OF $100,000 Resolution 31-2006 was introduced by Mrs Rotola. She read the executive summary Motion by Mrs Rotola to approve Resolution 31-2006, seconded by Mr Schulz. Charles Durbin, 3703 Ames Street, testified in opposition to this resolution You should stop the bleeding, funds are going out, but the sales tax revenue isn't going anywhere I know that the funding needs to continue for the lawsuit, but you should not extend the IGA until 2010 Upon questioning by Mr Womble, Mr Goff explained the background and the reasons for this IGA. Mrs Sang will not be supporting this because while she agrees that we should give them $100,000, it should not go on until 2010 Mr Gokey will not support this because Mr Durbin is on to something What do we really want to fund? Can we put Urban Renewal, Wheat Ridge 2020 and Wheat Ridge Business District together and still have a good product? It is a viable concept and something we should look at. Motion by Mr Stites to amend the IGA to change the year to 2008, seconded by Mrs Sang, carried 5-3, with Councilmembers Berry, Schulz, Adams voting no Motion as amended carried 7-1, with Mr Gokey voting no CITY COUNCIL MINUTES June 26, 2006 Page -8- Item 8. RESOLUTION 32-2006 - APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES Resolution 32-2006 was introduced by Mrs Rotola. Ms. Anderson read the executive summary Motion by Mrs Rotola for approval of Resolution 32-2006, seconded by Mrs. Sang, carried 8-0 CITY ATTORNEY'S MATTERS City Attorney Gerald Dahl requested direction of City Council regarding bringing forward an Ordinance to change references in the Code of Laws from APCO to Community Service Department. Consensus carried to direct the City Attorney to bring forth this Ordinance Meeting adjourned at 10 48 p.m APPROVED BY CITY COUNCIL ON JULY 10, 2006 BY A VOTE OF to Mike Stites, Council President The preceding Minutes were prepared according to S47 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 JULY IS 'R'EC'R'E.J\TION:A:mJ P .J\'R.XS :MONTJ-f .J\ P'ROCL~.J\TION 'By 'I'J-f'E N.J\TION.JU 'R'EC'R'E.J\TION:A:mJ P.J\RX .J\SSOG.J\'llON Public parks and recreation systems are dedicated to enhancing the quality of life for millions of residents in communities around the world through recreation programming, leisure activities and conservation efforts Parks, recreation activities and leisure experiences provide opportunities for young people to live, grow and develop into contributing members of society; create lifelines and continuous life experiences for older members of the community' generate opportunities for people to come together and experience a sense of community; and, pay dividends to communities by attracting business and jobs and increasing housing values. As we observe Recreation and Parks Month, we recognize the vital contributions of employees and volunteers in parks and recreation facilities These dedicated supporters keep public parks clean and safe for visitors, organize youth activities, provide educational programming on health, nutrition, first aid and gardening, advocate for more open space and better trails, and fundraise for local improvements They ensure that parks and recreation facilities are safe and accessible places for all citizens to enjoy THEREFORE, WITH THE NATIONAL RECREATION AND PARK ASSOCIATION, The City of Wheat Ridge does hereby proclaim the month of July as Recreation and Parks Month We call upon park and recreation supporters to join us in recognizing the importance of our Nations parks and recreation facilities and to learn more about how to support the places that bring our communities a higher quality of life, safer places to play and healthy alternatives through recreation programming for everyone WE DO ALSO RESOLVE that during Recreation and Parks Month all citizens enjoy what their community has to offer by taking part in their favorite sports, visiting the outdoors, spending time with family and friends or just relaxing By' Signed this 10th day of July, 2006 a;Z;dLAJ Jerry DiTullio, Mayor ITEM NO: I. A, REQUEST FOR CITY COUNCIL ACTION -("$~' fU COUNCIL MEETING DATE July 10, 2006 TITLE: AWARD ITB-06-11 2006 SLURRY SEAL PROJECT IN THE AMOUNT OF $290,684.90 o PUBLIC HEARING l8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-JudiCIal' ~O-)~ City Mana /( EXECUTIVE SUMMARY: - The 2006 Slurry Seal Project will provide needed mamtenance treatments to local streets by prionty in the western two thirds of the City In addItion, this project includes sealing a portIOn of trail and a parkmg lot at parks and recreation facilities. The slurry seal treatment will rejuvenate the pavement surface and reduce water infiltration under the pavement. The streets were crack sealed earlier this year through a separate project m anticipation of slurry sealing. The slurry seal treatment will improve and extend the pavement life of these streets as part of the ongoing maintenance program. On June 13, 2006, three (3) bIds were received. All bids met the imtial bid requirements. The apparent low bidder for the base bid and Alternative Bids #1 and #2 was 9999 CorporatIOn of Broomfield, Colorado in the total amount of$264,259.00. References and experience were evaluated and approved by the PublIc Works Department. 9999 Corporation was formerly known as Intermountian Preservation LLC. Intermountain Preservation successfully completed similar mumcipal projects m the past. Staff recommends award of the project to the lowest responsive and responsible bidder, 9999 Corporation in the total amount of $264,25900. A standard 10% contmgency reserve of $26,425.90 will require encumbering $290,684 90 for this project. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Bids for the 2006 Crack Seal Project, #S-PM-04-06, were opened on Tuesday, June 13,2006. Three (3) bids were received. The bids were comprised of a base bid and four alternate bids. The base bid would provide slurry seal to the streets which were crack sealed earlier this year. Alternate bid # I would provide slurry seal treatment to a park trail along Clear Creek between Tabor Lake and Moore Street. Alternate bid #2 would provide a special crack seal to the Semor/Community Center parking lot. Alternate bid #3 would provide a fog seal treatment to the selected number of local streets with asphalt pavement two to three years old. Alternate #4 would provide slurry seal treatement to additIOnal selected local streets by priority The base bids ranged from $244,184.00 to $345,176.00. The alternate bIds #1, #2, #3 and #4 ranged from $8,175.00 to $12,928.00; $11,900 to $30,294 00; $19,96400 to $28,895.60; and$32,810.50 to $46,753.00 respectIvely The Engineer's Estimate for the base bid and alternate bid # I, #2, #3 and #4 were $251,184.00, $8,696.00, $14,480.00, $26,807 60 and $35,760.50 respectively Upon review of the bid results and in consideratIOn of budget, stalf recommends Alternate bid # 1 and #2 be mcluded m the project. The lowest responsible and responsive bIdder, 9999 Corporation of Broomfield, Colorado has met the bid qualification requirements. Based upon the contractor's demonstrated capabilities and performance on previous projects, Staff recommends award to 9999 Corporation of Broomfield, Colorado A 10% contingency amount of $26,425 90 is requested to allow for the cost of other items related to the project. AL TERNA TIVES CONSIDERED: No award and 2006 Slurry Seal Projects will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved as the Street Preventive Mamtenance Projects line item of the 2006 Capital Improvement Program budget in the amount of $1 ,200,000.00 This project is the last one of the four preventive projects that the City wIll Implement this year. Staff recommends that $22,082.50 be transferred from Parks and Recreation Capital Project, Parkmg Lots and Drives Improvements Account 30-603-800-864 to Preventive Maintenance Projects Account 30-303-800-884 to fund the sealmg treatment of the traIl and Senior/Community Center parking lot as described in bid AlternatIves #1 and #2. This amount includes the 10% project contingency for its portion. RECOMMENDED MOTION: "I move to award ITB-06-11, 2006 Slurry Seal Project to 9999 CorporatIon of Broomfield, Colorado m the total amount of $264,259.00. I further move that a contmgency amount 01'$26,425.90 be approved. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $290,684.90. I further move that $22,082.50 be transferred from Parks and RecreatIOn Capital Project, Parking Lots and Dnves Improvements Account 30-603-800-864 to the PreventIve Maintenance Project account 30- 303-800-884 to fund the Parks and Recreation facilities work. I further move that all costs associated with this contract be paid from account number 30-303-800- 884, and that these funds be encumbered for the length of the project in accordance with Ordinance #787,1989 Series." or, "I move to deny award of ITB-06-ll 2006 Slurry Seal Project for the following reason(s) Report Initiated by' Report Prepared by: Reviewed by: Steve Nguyen, Engineering Manager Tim Paranto, Director ofPublUlc Works Linda Tnmble, Purchasing Agent Attachments: 1 2006 Capital Improvement Program Description 2. Project LocatIon Map 3. Bid TabulatIOn Sheet 060710 ITB-06-11 Slurry ScallAF.doc Capita/Investment Program ~ . 7. Street Preventative Maintenance Projects 2006 Budget: $1,200,000 Description: The annual street preventative maintenance work and costs are as follows. Concrete replacement area. Replace broken, distorted and non-compliant concrete curbs, sidewalks and handicap ramps on streets included in the Asphalt resurfacing project $ 210,000 Asphalt patching and overlay area. 35'h Avenue, Sheridan to Pierce 44th Avenue, Harlan to Upham Pierce Street, 29th to 44th $ 675,000 Crack/slurry sealing area: Westerly halfofthe City by prionty $ 315,000 Justification: Preventative street maintenance work is required to replace defective concrete, replace or add to pavement surface by an asphalt overlay, patch isolated structural faIlures in existing asphalt streets, waterproof and improve the texture of asphalt wearing surfaces by a slurry seal coat and reduce water infiltration under pavements by seahng cracks. Preventative mamtenance prolongs the usetullife of streets and sidewalks and reduces the costly alternative ofreconstructing streets. 8. Youngfield Street, 38th Avenue to 44th Avenue 2006 Budget: $3,600,000 Description: Widen Youngfield Street to a four-lane sectIOn with center turn lane. Justification: Recent traffic studies have identified the need for Improvements on thiS street to accommodate present and future traffic demands. DPW TRAFFIC 1. Neighborhood Traffic Management Projects 2006 Budget: $25,000 Description: Speed boards will be installed at two locations. Justification: Electronic speed boards will be installed at two locations that have a history of excessive speeding. 200 ATTACHMENT 1 ~r t.:-; b::..~~~--;.;;~r:a~ r~ ~\' l:"li'ii"O\..&->~~ I' fl.. '"/+lk"" D ~- n_ , ,.,T"~~' ~~ {~Il"- ,.... BlO i ' "';.' ~ 'jl,.- --. .- 1\ CJ ~ .,.-' L", 11 ..... 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ATTACHMENT 3 ITEM NO' ~ REQUEST FOR CITY COUNCIL ACTION ,~f""'. nU COUNCIL MEETING DATE: July 10, 2006 TITLE: AWARD ITB-06-47 2006 MISCELLANEOUS STREETS IMPROVEMENT PROJECT IN THE AMOUNT OF $432,240.38 D PUBLIC HEARING IZI BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date:_) D ORDINANCES FOR 2ND READING QuasI-Judicial. 0 [g] -) L? dWO'k' - EXECUTIVE SUMMARY: The 2006 Miscellaneous Streets Improvement Project will provide construction on a portion of2ih Avenue, a portion of 28th Avenue, a segment of Upham Street, City Hall and Panorama Park. Specifically, the project IS comprised of asphalt pavement reconstruction on 2ih Avenue, 28th Avenue andUpham Street, west of Teller Street; installation of new parking spaces in front of City Hall; resurfacmg the current west parking lot at City Hall; and a sanitary sewer replacement at Panorama Park. On June 27, 2006, three (3) bids were received. The apparent low bidder was Concrete Construction Specialties of Castle Rock, Colorado in the amount of $392,945.80 All bids met the initial bid requirements. References and experience were evaluated and approved by the Public Works Department. Staff recommends award of the project to the lowest responsive and responsible bIdder, Concrete Construction SpecialtIes, LLC in the bid amount of $392,945 80. Staff also requests approval of a standard 10% contingency reserve, which would encumber a total of $432,240.38 for this project. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The ongInal 2006 Miscellaneous Streets Improvements Project was advertised In May The project was re-advertised with one of the streets omitted from the project to utilize available budget. Specifically, re-construction of33rd Avenue, from Fenton to Depew, was deleted after the initial bid exceeded the cost estimate. Re-construction of 33 rd Avenue will be proposed for the 2007 program. Bids for the revised project, 2006 Miscellaneous Streets Improvements Project, #S-03-06, were opened on June 27, 2006 Three (3) bids were received. The bids ranged from $392,945.80 to $458,213.95. The Engineer's EstImate was $422,506.75 The lowest responsible and responsive bidder, Concrete Construction SpeCialties of Castle Rock, Colorado has met the bid and qualificatIon reqUirements. Based upon the contractor's demonstrated capabilitIes and expenence, Staff recommends award to Concrete Construction Specialties, LLC A 10% contingency amount of$39,294.58 is requested to allow for the cost of other items related to the project. ALTERNATIVES CONSIDERED: No award and 2006 Miscellaneous Streets Improvement Project will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved In the 2006 Capital Improvement Program budget as the Minor Street Improvement Projects line item In the amount of$360,000.00 Funding for the sanitary sewer line replacement at Panorama Park has been approved as part of the Conservation Trust Budget. The anticipated cost for the sanitary sewer replacement is $37,600 00. RECOMMENDED MOTION: "I move to award ITB-06-47, 2006 Miscellaneous Street Improvement Project, to Concrete Construction SpeCIaltIes LLC of Castle Rock, Colorado In the amount of $392,945 80. I further move that a contingency amount of $39,294.58 be approved. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of$432,240.38 I further move that all costs associated with work on 2ih A venue, 28th A venue, Upham Street and City Hall be paid from account number 30-303-800-840 and the work at Panorama Park be paid from the account number 54-601-800-877, and that these funds be encumbered for the length ofthe project in accordance With Ordinance #787, 1989 Series." or, I move to deny award of lTB-06-4 7, 2006 Miscellaneous Street Improvement Project for the following reason( s ) Report Initiated by: Report Prepared by: Reviewed by' Steve Nguyen, Engmeering Manager Tim Paranto, Director of Public Warks Lmda Trimble, Purchasing Agent Attachments: 1 2006 Capital Improvement Program Description 2. Project Location Map 3 Bid Tabulation Sheet Capita/Investment Program -."'. "",<,,'-" . " '~.' . DPW DRAINAGE 1. Lena Gulch Study Update 2006 Budget: $80,000 Description: The existing 1975 Lena Gulch floodplain study will be updated to reflect changes that have occurred along Lena Gulch that may Impact flood flows. Justification: The study currently used in Wheat Ridge was written in 1975 Amajor map reVision was completed m 1986 after completion of an Improvement project along the drainageway The Urban Dramage and Flood Control District has agreed to update the flood plan studies along Lena Gulch to incorporate changes that have occurred along the stream. The City will provide 50% matchmg funds for the project. DPW STREETS 1. Minor Street Improvement Projects 2006 Budget: $360,000 Description: ThiS budget line item reserves funds for Improvement of 27th Avenue, 28th Avenue and Upham Court west of Teller Street, along with improvement of33rd Avenue between Fenton Street and Depew Street. Justification: The streets have been determined to have senously deteriorated pavements with significantly poor subgrades to warrant total pavement reconstruction. 2. Hotel/motel District Pedestrian Improvements 2006 Budget: $200,000 Description: Pedestrian lighting will be constructed on the north side of the South 1-70 Frontage Road west ofKiplmg Street, on the south side ofthe South 1-70 Frontage Road from the Comfort Inn to Miller Street and along Kipling Street from the South Frontage Road to the 1-70 ramps. This project will be financed with Hotel/Motel tax funds and IS the third in a multi-year program. Justification: The pedestrian lighting will be completed along Kipling Street and the South 1- 70 Frontage Road within this portion of the Hotel/Motel distnct. 198 ATTACHMENT 1 / / / / ( () \ ~ ) \ / '~ ."i,jv' ----~ " \ \ \ co W f- ~- ~ (f) ,.) u o(j co W f- U) (j) (L <( :2 z c .r, (1 " f- <( .u , -- {J 1...;.1 r'" l.n <( w \ f- u6 . U) <( J I L1J ) - en .,. ATTACHMENT 2 c' QJ Ol <( Ol c CIl en .r: Ll ~ OJ 0. .!!! .0 >- .~ OJ ~ 01- w en Z-o ~ .~ 0....1 o Z ;;!r-- CIl"'" o , a. CD 00 0:: , ~al 91- OJ_ Ol c CIl en .r: Ll ~ OJ 0. >- OJ- o QJ w > <n en <no. ~ .~ f--- 5:~ E Z c.Q o 5 Oe<.9 wN,..:Z ::E>,o._ E'.a~a::: ~COl?W -<ozW o-.;::z wr-(f)_ ~~~C9 ocooz mO~W Cl OJ , w e::: en I- w w a::: I- en en ::> o w z <( ...J ...J W U en :E CD o o N I- o w """) o a::: D... "- o ~I w l? -< a. ~ y, :J 6 ;1 '';; a. ~ ~ J " ~ F cjj .- oj .~ " C ',I) C. >- <:1--1 J ' crY: ~ ~ S :t 'l3 (' J ._'( 0- ~ \.J -Q 1,$~ 0:: o o z w > '" ;f:. o ej l, 1- )? c-' CJ) o o o 1> z o Z >-f" o a:: a. f" CJ) ill a:: <l:::;;>O o a::: ::i CI) o ill ill ill -11-00 J) )!. J) ~ T J) V ?- CJ) ill o :> a:: ill CJ) - J) \\.) c.;-_ W <.9 <( (L W a::: ::J I- <( Z <.9 CJ) ",f) V ?- , /"\ '- ,P () V :::>-- .f) V 7- 1", J) q) 7- J) V ::::>- l- S; <( o LL LL <( Z o CJ) ::J --l --l o o , z o z .I) V >- J; V /', .f) ')) ?- ,-I) <:0 7-- @l V1 T U (l'5 -' I<) \0\ UrO V 7-- CJ) a::: o I- o ~ I- Z o o CO ::J CJ) LL o I- CJ) --l J) V ?- z o f= <( o LL :J <( ::J a a::: o I- o ~ I- Z o o .-- (">'\ fY.\ en J 2,1 If) ,() ..- r0 ':Y o z o co o co o co w CJ) <( co ATTACHMENT 3 lTEMNO: ~, REQUEST FOR CITY COUNCIL ACTION ~~ COUNCIL MEETING DATE. July 10, 2006 TITLE: AWARD RFB-06-33, RADAR SPEED DISPLAY SIGNS AT A TOTAL COST OF $25,000.00 o PUBLIC HEARING [g] BIDS/MOTIONS D RESOLUTIONS o ORDINANCES FOR 1ST READING (Date _) D ORDINANCES FOR 2ND READING QuasI-Judicial. City~~ EXECUTIVE SUMMARY: The Public Works Department is proposing to purchase four (4) radar speed display signs, to be installed by OperatIons staff, for the purpose of reducing traffic speeds at the following locatIons: I) East bound 44th Avenue at approximately Dudley Street. 2) West bound 44th Avenue at approximately Carr Street. 3) East bound 320d A venue, approximately west of Independence Street. 4) West bound 320d Avenue at approximately Dudley Street On June 6, 2006, seven (7) bids were received. All bids met the mitial bid requirements. The apparent five low bidders did not meet the minimum bid specifications. The apparent low responsive and responsible bid was Gades Sales Company of Denver, Colorado in the total amount of $25,000. Staff has reviewed their bid for compliance and recommends award to Gades Sales Company. COMMISSIONIBOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: Bids for RFB-06-33 Radar Speed Display Signs were opened on Tuesday, June 6, 2006. Seven (7) bids and one no bid were received. The five lowest bids did not meet the minimum bid specifications. Of the two remaining bids, the apparent low responsive and responsible bidder was Gades Sales Company, Inc of Denver, Colorado, in the total amount of $25,000.00 for four RU2 Fast350 pole- mounted radar speed displays. Based upon the compliance with bid specifications, Staff recommends award to Gades Sales Company, Inc. of Denver, Colorado AL TERNA TIVES CONSIDERED: No award and the radar speed display signs will not be purchased. FINANCIAL IMPACT: The funds for this project are budgeted in the Neighborhood Traffic Management projects line item, account number 30-304-800-844, of the 2006 Public Works Capital Investment Program budget In the amount of $25,000 00 RECOMMENDED MOTION: "I move to award RFB-06-33, Radar Speed Display Signs to Gades Sales Company, Inc., Denver, Colorado In the total amount of $25,000.00. I further move that all costs associated with this contract be paid from account number 30-304-800- 844, and that these funds be encumbered in accordance with Ordinance #787, 1989 Series." or, "I move to deny award of RFB-06-33, Radar Speed Display Signs, for the following reason(s) " Report Prepared by: Reviewed by: Greg Knudson, Operations Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: 1. Bid Tabulation Sheet 0607]0 RFB.06-33 CAF.doc c '" :l en l; oJ> 0> <0 co 13 .~ "5 n c.- :; <Ii c.- D'r . trod> ~.c ~ ~ o \-' ~ 0- uJ(Q\,lJQ) '& ~ ~:::: 'b;::i~~ ~ ~ o ~ -~ -~~ 'S \..0 Jl ...... r:- cD V - r-::l<?:- <.Jl ~ 1- .~ (j. ~~ E.V' 'i;\ "- Q. )<11 t~t E 5 0-11i 0- d' o~~ ",~ga:. o ~::>>fuO :....,"'~O? ,,"""'<Do? l/'J.,<o~u ~iD o-~- oq~'B'G\~ ""'0-"''''' ,,>>" <l) o? %~%O'#a.. t ~ ,vi -f r e AI.!> -.,I- \ \ ~ ~\\ ~~\, ~ \t\ \ \ - j;J \d> Jj 7~ ~ \ &if. 8 \ .. f , ~ '2 \ ~-k.\ \ r ~ \ 2 J1 $ , \ , \ \ tIl\ ~~ ~ -' 0.- tIl '5 m ~ ~ 'l ~ t) u.l -, o 0:- a.. ~ ~ ~ ~ -.0 ~~ ~ ~~- ~ ~ \f)~~ 91 ~ ~ '6\ 00 ~ Vl r \J <-V <) - T ::J 0 --- <f) c::V -r \ \ \ \ \ \ ~ \ \ T i\ o ~ .3 ~ y- \ \ ~\ "/ a:. o Th :;0 <IJ Ul ~ ~ Ui <fl \ z 9 "5 ~ 'i ~ ~ ~~ iOUlIllUl .;.> .... 00 ____L---- - ~-- \ , \ \ \ \ \ ^ \Sl (i) \ \ , ----....- ~. '(" \f) 0 ~ ~\ - ~, \1)\ C6\ " \ \ $ ~ '3 \ ::r r:;' r \f\...; t.D ::r ~ \ \ \ \ \. ~\ ~\ (}.., \ 1-' ~ ? ~ (:.J (j) ~ ~ \ \ \ , U1 <l a.. '& ? '4. z <.? (j) U1 <.) a: (}.. ~ U1 "2:. u1 o t I- 0\ I- ~.,..,. ~Ct\tAe.tI'" 1 ...--- \ \ \ \ --~ \ \ \ \ \ \ \ \ \ E % 0.9 O~(/) o.o~ o ",NtO:: 3~ ~.b'~~ ~<7~lO"::> 5'lD;5Q~(.) o'i'U!lOtn:J g:co3Q'!\CO oU-OlOe:) <iia:a;O~O- \ I. ~ \.4 ~ ~ 1 ok : lJ} Q J....~ ~b ~ cO T ~~ 0 ..- .3 ~ - " ev r- OO y<J) CO ~~ \ ...0 ~ ! \ .:fj c..P \ I~ ~ 0 0 ~,1 -z. 7- ,f1~ \ "T"" \ , ..- f..-'- <J) uJ Ul (.) uJ 9 ii (.) & 0- ii Ul I- 0- w uJ Z 0 <J) ~ :) ffi 0 ~ 0- W ~ z > z Q :J uJ a::: z 9 (/) 0 0 0 ~~ ~ ~ i 0 3 l/l uJOC Z z ~ ;:>:0 <9 ~ b UJ m~ ::> g uJ u; I- 00 I- \ ~\ C) in j 0.. IJ) o o u.I u.I 0.. IJ) ~ ~ ~ c ., Ol 4.. Ol e .;;; g ~ '" <0 iii 2 (ll ::> {3 Q. :; a.i Q. u. :0 ,.. 0 ,.. .s 00-" ~ 0" " ~ UI " 01- ~~ UI '" ~ .~ %'0 uJ ~ .i; ~~ ~ o....l 0. I- <..) uJ ...., o 0:: 0.. ITEM NO: :2, REQUEST FOR CITY COUNCIL ACTION B~4 COUNCIL MEETING DATE. July 10,2006 TITLE: COUNCIL BILL 14-2006: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 9 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, CONCERNING SMOKING IN PUBLIC PLACES r8J PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date.) r8J ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes r8J No City~'~~ City Attorney EXECUTIVE SUMMARY: The Colorado State Legislature recently adopted legislatIon substantIally amending Part 2, Article 14 of Title 25 of the Colorado Revised Statutes (the "Colorado Clean Indoor Air Act" or the "Act") The Act explicitly states that local authorities may enact rules and regulations similar to those promulgated in the Act; however, in no event shall such rules and regulations be less stringent than those promulgated by the State in SectIon 25-14-207, C.R.S. (as amended by HB 06-1175). The City has previously adopted provisions concerning limitations on smoking in public places, codified as Article II of Chapter 9 of thc Codc of Laws (the "Code"). This ordinance amends Article II of Chapter 9 to conform to the same provisions of the Act. Because Article II of Chapter 9 of the Code is currently less restrictive than the recently amended State statute, the proposed ordinance provides that the Code will substantially comply with the Act. In sum, smoking In public places IS allowed only in certain enumerated locatIOns, and fines (but not jail time) are imposed for the violatIon of these regulations. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Whether the Code should be amended to substantially comply with the newly enacted State legIslation concernmg smoking in public places. AL TERNA TIVES CONSIDERED: Do not comply with the newly enacted State statute and remain in violation of SectIOn 25-14-207, C.R.S (as amended hy HB 06-1175). FINANCIAL IMPACT: In complIance with State statute, the City shall continue to collect fines for vIOlation of the same. Seventy-five percent (75%) of any fine collected m the City shall be transmitted to the treasury of the City, and the remaining twenty-five percent (25%) shall be transmitted to the state treasurer, who shall credit the same to the general fund. RECOMMENDED MOTION: "I move to approve Council Bill 14-2006, an Ordinance Amending Article II of Chapter 9 of the Code of Laws of the City of Wheat Ridge, concerning smoking in public places, on second readmg, and that it take effect Immediately upon adoption." or, "I move to table mdefinitely CouncIl BilI 14-2006, an Ordinance Amending Article II of Chapter 9 of the Code of Laws of the City of Wheat Ridge, concerning smoking m public places for the following reason(s) " Report Prepared by' Gerald Dahl, City Attorney (303) 376-5019 Reviewed by' Patrick Goff, Deputy City Manager Attachments: 1 Council Bill 14-2006 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SCHULZ Council Bill No. 14 Ordinance No Series of 2006 TITLE. AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 9 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, CONCERNING SMOKING IN PUBLIC PLACES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the state of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"), and WHEREAS, pursuant to its home rule authority generally and Article 15 of Title 31 of the Colorado Revised Statutes specifically, the City possesses the authority to do all acts and make all regulations which may be necessary or expedient for the promotion of health, and WHEREAS, the City Council (the "Council") finds that it is in the best interest of citizens of the City to protect nonsmokers from involuntary exposure to environmental tobacco smoke in most indoor areas open to the public; and WHEREAS, the City has previously adopted provisions concerning limitations on smoking in public places, codified as Article II of Chapter 9 of the Code of Laws of the City of Wheat Ridge (the "Code"), and WHEREAS, the City Council finds that the legislature of the state of Colorado (the "State") has substantially amended Part 2 Article 14 of Title 25, Colorado Revised Statutes (the "Colorado Clean Indoor Air Act"); and WHEREAS, the City Council therefore desires to amend that Article previously adopted concerning smoking in public places and to conform the same with the provisions of the Colorado Clean Indoor Air Act. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1 Article II Chapter 9 of the Code is hereby repealed and reenacted to read in its entirety as follows ATTACHMENT 1 ARTICLE II. SMOKING IN PUBLIC PLACES Sec. 9-21. Legislative intent. The city council finds, determines and declares that it is in the best interest of the people of this city to protect nonsmokers from involuntary exposure to environmental tobacco smoke in most indoor areas open to the public, public meetings, food service establishments, and places of employment. The city council further finds, determines and declares that a balance should be struck between the health concerns of nonconsumers of tobacco products and the need to minimize unwarranted governmental intrusion into, and regulation of, private spheres of conduct and choice with respect to the use or nonuse of tobacco products in certain designated public areas and in private places. Therefore, the city council hereby declares that the purpose of this Article II is to preserve and improve the health, comfort, and environment of the people of this city by limiting exposure to tobacco smoke Sec. 9-22. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning' (1) Auditorium means the part of a public building where an audience gathers to attend a performance, and includes any corridors, hallways, or lobbies adjacent thereto (2) Bar means any indoor area that is operated and licensed under Article 47 of Title 12, C R.S , primarily for the sale and service of alcohol beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages. (3) Cigar-tobacco bar means a bar that, in the calendar year ending December 31, 2005, generated at least five percent (5%) or more of its total annual gross income or fifty thousand dollars ($50,000) in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines. In any calendar year after December 31, 2005, a bar that fails to generate at least five percent (5%) of its total annual gross income or fifty thousand dollars ($50,000) in annual sales from the on-site sale of tobacco products and the rental of on-site humidors shall not be defined as a "cigar-tobacco bar" and shall not thereafter be included in the definition regardless of sales figures 2 (4) (a) Employee means any person who (I) Performs any type of work for benefit of another in consideration of direct or indirect wagers or profit; or (II) Provides uncompensated work or services to a business or nonprofit entity (b) Employee includes every person described in paragraph (a) of this subsection (4), regardless of whether such person is referred to as an employee, contractor, independent contractor, or volunteer or by any other designation or title (5) Employer means any person, partnership, association, corporation, or nonprofit entity that employs one (1) or more persons Employer includes, without limitation, the legislative, executive, and judicial branches of state government; any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission or agency; or any other separate corporate instrumentality or unit of state or local government. (6) Entryway means the outside of the front or main doorway leading into a building or facility that is not exempted from this Article II under Section 9-24 Entryway also includes the area of public or private property within a specified radius outside of the doorway The specified radius shall be determined by the City or, if the City has not acted, the specified radius shall be fifteen feet. (7) Environmental tobacco smoke, ETS, or secondhand smoke means the complex mixture formed from the escaping smoke of a burning tobacco product, also known as "sidestream smoke," and smoke exhaled by the smoker (8) Food service establishment means any indoor area or portion thereof in which the principal business is the sale of food for on-premises consumption The term includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops, and short-order cafes (9) Indoor area means any enclosed area or portion thereof The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area. (10) Place of employment means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer 3 (11) Public building means any building owned or operated by' (a) The state, including the legislative, executive, and judicial branches of state government; (b) Any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, a special district, an authority, a commission, or an agency of any of the same; or (c) Any other separate corporate instrumentality or unit of state or local government. (12) Public meeting means any meeting open to the public pursuant to Part 4 of Article 6 of Title 24, C R.S., or any other law of this state. (13) Smoke-free work area means an indoor area in a place of employment where smoking is prohibited under this Article" (14) Smoking means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco (15) Tobacco means cigarettes, cigars, cheroots, stogies, and periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff and snuff flour; cavendish; plug and twist tobacco, fine-cut and other chewing tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Tobacco also includes cloves and any other plant matter or product that is packaged for smoking (16) Tobacco Business means a sole proprietorship, corporation, partnership, or other enterprise engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or smoking devices or accessories, either at wholesale or retail, and in which the sale, manufacture, or promotion of other products is merely incidental. (17) Work area means an area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer Sec. 9-23. General smoking restrictions. 4 (a) Except as provided in Section 9-24, and in order to reduce the levels of exposure to environmental tobacco smoke, smoking shall not be permitted and no person shall smoke in any indoor area, including, but not limited to (1) Public meeting places, (2) Elevators, (3) Government-owned or -operated means of mass transportation, including, but not limited to, buses, vans, and trains, (4) Taxicabs and limousines, (5) Grocery stores, (6) Gymnasiums, (7) Jury waiting and deliberation rooms, (8) Courtrooms, (9) Child day care facilities, (10) Health care facilities including hospitals, health care clinics, doctor's offices, and other health care related facilities, (11) (I) Any place of employment that is not exempted (II) In the case of employers who own facilities otherwise exempted from this Article II, each such employer shall provide a smoke-free work area for each employee requesting not to have to breathe environmental tobacco smoke Every employee shall have a right to work in an area free of environmental tobacco smoke (12) Food service establishments, (13) Bars, (14) Limited gaming facilities and any other facilities in which any gaming or gambling activity is conducted, (15) Indoor sports arenas, 5 (16) Restrooms, lobbies, hallways, and other common areas in public and private buildings, condominiums, and other multiple-unit residential facilities; (17) Restrooms, lobbies, hallways, and other common areas in hotels and motels, and in at least seventy-five percent (75%) of the sleeping quarters within a hotel or motel that are rented to guests, (18) Bowling alleys, (19) Billiard or pool halls; (20) Facilities in which games of chance are conducted; (21) The common areas of retirements facilities, publicly owned housing facilities, and nursing homes, not including any resident's private residential quarters, (22) Public buildings; (23) Auditoria; (24) Theatres, (25) Museums, (26) Libraries, (27) To the extent not otherwise provided in Section 25-14-103 5, C R.S., public and nonpublic schools, (28) Other educational and vocational institutions, and (29) The entryways of all buildings and facilities listed in paragraphs (1) to (28) of this Section (b) A cigar-tobacco bar shall not expand its size or change its location from the size and location in which it existed as of December 31, 2005 A cigar-tobacco bar shall display signage in at least one (1) conspicuous place and at least four inches (4") by six inches (6") in size stating "Smoking Allowed. Children under eighteen (18) years of age must be accompanied by a parent or guardian" Sec. 9-24. Exceptions to smoking restrictions. 6 (a) This Article II shall not apply to (1) Private homes, private residences, and private automobiles; except that this Article II shall apply if any such home, residence, or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation (2) Limousines under private hire, (3) A hotel or motel room rented to one (1) or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twenty-five percent (25%), (4) Any retail tobacco business, (5) A cigar-tobacco bar; (6) The outdoor area of any business, (7) A place of employment that is not open to the public and that is under the control of an employer that employs three (3) or fewer employees, (8) A private nonresidential building on a farm or ranch, as defined in Section 39-1-102, C R.S , that has annual gross income of less than five hundred thousand dollars ($500,000); or (9) The retail floor plan, as defined in Section 12-47 1-509, C R.S , of a licensed casino Sec. 9-25. Optional prohibitions. (a) The owner or manager of any place not specifically listed in Section 9-23, including a place otherwise exempted under Section 9-24, may post signs prohibiting smoking or providing smoking and nonsmoking areas Such posting shall have the effect of including such place or the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted pursuant to this Article II (b) If the owner or manager of a place not specifically listed in Section 9-23, including a place otherwise exempted under Section 9-24, is an employer and receives a request from an employee to create a smoke- free work area as contemplated by Section 9-23 (a) (11) (II), the owner or 7 manager shall post a sign or signs in the smoke-free work area as provided in subsection (a) of this Section. Sec. 9-26. Other applicable regulations of smoking. (a) This Article II shall not be construed to permit smoking where it is otherwise restricted by any other applicable law (b) The municipal courts have jurisdiction over violations of smoking regulations enacted by the City Sec. 9-27. Unlawful acts - penalty - disposition of fines and surcharges. (a) It is unlawful for a person who owns, manages, operates, or otherwise controls the use of a premises subject to this Article II to violate any provision of this Article II (b) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this Article II (c) A person who violates this Article II is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars ($200) for a first violation within a calendar year, a fine not to exceed three hundred dollars ($300) for a second violation within a calendar year, and a fine not to exceed five hundred dollars ($500) for each additional violation within a calendar year Each day of a continuing violation shall be deemed a separate violation (d) All judges, clerks of a court of record, or other officers imposing or receiving fines collected pursuant to or as a result of a conviction of any persons for a violation of any provision of this Article II shall transmit all such moneys so collected in the following manner: Seventy-five percent (75%) of any such fine for a violation occurring with the corporate limits of the City shall be transmitted to the treasurer of the City and the remaining twenty-five percent (25%) shall be transmitted to the state treasurer, who shall credit the same to the general fund. Section 2 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 8 Section 3 Severability: Conflictinq 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 4 Effective Date This Ordinance shall take effect immediately upon adoption INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 26thdayof June , 2006, 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 July 10 , 2006, at 7'00 o'clock pm, 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 , 2006 SIGNED by the Mayor on this day of ,2006 Jerry DiTullio, Mayor ATTEST Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication June 29, 2006 Second Publication Wheat Ridge Transcript: Effective Date 9 3, ITEM NO REQUEST FOR CITY COUNCIL ACTION r$~1 flinu . COUNCIL MEETING DATE July 10,2006 TITLE: COUNCIL BILL 15-2006 - AN ORDINANCE APPROVING THE P ARTIAL REVOCATION OF AN EASEMENT AND THE GRANT OF AN ADDITIONAL EASEMENT TO THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date') ~ ORDINANCES FOR 2ND READING D Yes ~ No QuasI-Judicial. City Attorney ~ ~, - City Manag 1 EXECUTIVE SUMMARY. The Denver Water Department has entered mto an agreement With the Valley Water Distnct to construct a major transmission main extending from 26th and Kipling to approximately 43rd and Miller Court. This segment crosses a portion of the Wheat Ridge Greenbelt, owned by the City The Denver Water Department has asked that the City grant an easement for constructIOn of and access to this transmission line. The ordinance approves an easement agreement, which reflects requirements imposed by the City of Wheat Ridge. The City granted an easement In August of 2005 for this project. Denver Water has redesigned the path of the water main and IS requesting that a portion of the easement granted in 2005 be released and an easement for the new alignment be granted. STATEMENT OF THE ISSUES: The proposed major transmission main IS needed by Denver to satisfy ItS supply obligations to the Valley Water District. The Valley Water District provides water to portions of the City of Wheat Ridge. In the event Denver were not able to obtain the easement through this easement agreement, it is highly likely that Denver would condemn the easement. Staff has met with representatives from Denver. The main line itself and the proposed easement have been redesigned to accommodate the needs of Wheat Ridge as they were identified during m- field meetmgs. The alignment of the easement is chosen to mmimize damage to vegetation and wildlife in the greenbelt. Nevertheless, some residual impact will remain, and it will be some years before trees and brush cover the easement alignment. COMMISSION/BOARD RECOMMENDATION: N/A AL TERNA TlVES CONSIDERED: Do not approve the easement agreement, force Denver to bring a condemnation action. FINANCIAL IMPACT: The original easement area was appraised at $31,600 This was paid to the City of Wheat Ridge (25%) and Jefferson County Open Space (75%) to reflect the origmal purchase agreement. This amount was paid by Denver Water as compensation for the grant of the easement. The difference in the amount to be paid for the new easement and the refund to Denver Water for the current easement IS $14,125 82 This additional amount will be paid to the City of Wheat Ridge and JetTerson County Open Space in the same percentages. RECOMMENDED MOTION: "I move to approve Council Bill 15-2006, an OrdInance Approving the PartIal RevocatIOn of an Easement and the Grant of an Additional Easement to the City and County of Denver Acting By and Through Its Board of Water Commissioners, on second reading, and that it take effect 15 days after final publicatIon." or, "I move to table indetinitely CouncIl Bill 15-2006, an Ordinance Approving the Partial Revocation of an Easement and the Grant of an Additional Easement to the City and County of Denver, Acting By and Through Its Board of Water Commissioners for the following reason(s) " Report Prepared by' Gerald Dahl, City Attorney (303) 493-6670 Joyce Manwaring, Director of Parks and Recreation Reviewed by' Randy Young, City Manager Attachments: I Council BIll 15-2006 (With attached Partial Release of Easement Agreement as Exhibit A, Easement Agreement as Exhibit B) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WOMBLE Council Bill No. 15 Ordinance No. Series of 2006 TITLE: AN ORDINANCE APPROVING THE PARTIAL REVOCATION OF AN EASEMENT AND THE GRANT OF AN ADDITIONAL EASEMENT TO THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS WHEREAS, the City of Wheat Ridge (the "City") is the fee title owner of certain real property encompassing the drainage of Clear Creek as it traverses the City (the "Property"), and Whereas, the City has previously granted, by ordinance, an easement across the Property for the use of the City and County of Denver, acting by and through its Board of Water Commissioners ("Denver") for water pipeline and access purposes (the "2005 Easement"), and WHEREAS, Denver has determined that it is necessary to realign the pipeline concerned, resulting in a portion of the 2005 Easement no longer being needed, and the need for an additional easement; and WHEREAS, Denver has proposed the partial revocation of a portion of the 2005 Easement and has requested an additional Easement across the Property to accommodate the realigned pipeline project; and WHEREAS, The City Council finds that a portion of the 2005 Easement is no longer needed by Denver and it is in the best interests of the City that said portion be vacated to remove the encumbrance upon the City's title to the Property; and WHEREAS, the City Council finds that adequate limitations are imposed upon the requested additional easement sufficient to protect the City's interests, and WHEREAS, Section 6 3 of the Wheat Ridge home rule charter permits the Council to approve the grant of the easement by ordinance adopted by a three-fourths majority of the entire Council NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. The "Partial Release of Easement" attached hereto as Exhibit A is hereby approved, and the City hereby authorizes Denver to execute and record the same WRCA 020 ATTACHMENT 1 Section 2. The "Easement Agreement" attached hereto as Exhibit 8 is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same. Section 3. 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 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of R to o on this 26th day of June, 2006, 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 July 10 , 2006, at 7:00 o'clock p.m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2006. SIGNED by the Mayor on this day of ,2006 Jerry DiTullio, Mayor ATTEST Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication June 29, 2006 Second Publication. Wheat Ridge Transcript Effective Date WRCA 020 EXHIBIT A PARTIAL RELEASE OF EASEMENT [ATTACHED] WRCA 020 \ A~~~~;t~;~'~e~~~';-h~~l;~;,,~em~ PARTIAL RELEASE OF EASEMENT THIS PARTIAL RELEASE OF EASEMENT is made and executed by the CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS, (BOARD). WITNESSETH: WHEREAS, the Board acquired an easement from CITY OF WHEAT RIDGE, a municipal corporation, dated September 01, 2005, and recorded in the Office of the Clerk and Recorder of Jefferson County, Colorado on September 01, 2005, at Reception Number 2005076211, ("Easement), and WHEREAS, the BOARD has determined that a portion of the Easement is no longer useful, and/or not required in the water works operation of the BOARD NOW THEREFORE, the BOARD releases all of its right, title and interest in and to that portion of the Easement described in attached and incorporated Exhibit "A", AutoCAD Drawing 11 B53-6_PMGT to and in favor of the PRESENT OWNER(S) of the property on which the Easement is located, effective upon the recording of this Partial Release of Easement. All other terms and conditions of said Easement dated September 01 , 2005, remain in full force and effect. IN WITNESS WHEREOF, the BOARD's Manager has executed this Release of Easement, which has been attested to by the Acting Director of Engineering, with its corporate seal affixed ATTESTED AND APPROVED' CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS By' John H Bambei, Acting Director of Engineering H J Barry, Manager Date APPROVED AS TO FORM: ~*~Oee Legal Divisl {S E A L} N\Wr.-FlD\AGflMrfrlPAR RR E5Mi',WHE,U RIDG, UN Of_C"'JDtJlT_NUl.ItlER_1""_1l8SlS_PART.REL.(lf EAS EXHIBIT "A" A parcel of land situated in the northwest quarter of the southeast quarter (NW% SE%) of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, Colorado more particularly described as follows' BEGINNING at a northeasterly corner of Denver Water's easement, the agreement for which is recorded at Reception No. 2005076211 in the Clerk and Recorder's Office of Jefferson County being a point on the west line of the southeast quarter of the northwest quarter of the southeast quarter of said Section 21, from which the northwest-southeast one sixty fourth corner of said Section 21 bears North 00015'03" West 24.09 feet; thence along said easement the following two courses; South 00015'03" East 53.89 feet; thence North 68020'12" West 263.00 feet; thence North 00048'34" West 54.11 feet to a point on the northerly boundary of said easement; thence along said northerly boundary South 68020'12" East 263.57 feet to the POINT OF BEGINNING as shown on Denver Water CAD drawing 11853-6_pmgt a copy of which is attached hereto and made a part hereof. This parcel contains 13,164 square feet more or less. Denver Water 1600 West 12th Avenue Denver, Colorado 80204 E 1 4 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST 6th P M ---- JEFFERSON COUNTY ---- ~ Or 66 No 22.01-75 ~ N -- -- CLEAR CREEK P AOP fHHY 0;:: eny 0;:: 1JIJHEJrr FllOSE NE 1/4 NW 1/4 SE 1/4 SEC 21 C-N-SE )(;4 Cor Sec 21 Lane Engineers 1 W Alum. Cap & Rebar NOO'4B'34"W 5411' \ \ \ 0, \ I E '1 "' I \ '" \ "' <0 I N89'29' 40"[ Iv L;;~ SE 1/4 MY I;; SE 1/4 Se-; 21- ~ oS o "- ~ -'< OJ ________ NOO"15'03"W] -------- 2409' J --- -------- ~-------- 118Ss'-- -------- ________ '2"'________ ________ '-- ''''91 ________ SOO;'3S;O~"E ~ -----. -----. '_~ \ \ \ \ \ \ SE 1/4 NW 1/4 SE 1/4 SEC 21 BASIS OF BEARING: Bearings are based on the north line of the southeast quarter of the northwest quarter of the southeast quarter of Section 21 being NB9'29' 40"[. 100 o 100 200 , ~~--~-..- SCALE IN FEET LEGEND ~ BNDRY EXISTING D.W D Z2J EASEMENT CONVEYED ESMT DOCUMENT DATED SEC'Y FILE 429 DOC. 225 RIMS ITEM NO 08797 CARD NO DRN. AM PM. --- S. APPD SHEET 1 OF 1 SHEET CAD 11853 -6_PMGT PROPERlY MANAGMENT ST NmARDS. 102220M EXHIBIT B EASEMENT AGREEMENT [ATTACHED] WRCA 020 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT IS made between CITY OF WHEAT RIDGE, a municipal corporation, hereInafter called "Grantor", (whether grammatIcally smgular or plural) and the CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS, hereinafter called "Board". WITNESSETH: For and in consideratIOn of thc sum of FOURTEEN THOUSAND ONE HUNDRED TWENTY-SIX AND 00/100 DOLLARS ($14,126.00) and other good and valuable consideration to the Grantor in hand paid by thc Board, the receipt whereof is hereby acknowledged, the Grantor hereby grants to the Board, Its successors and assIgns, the sole, exclusive and permanent rIght to enter, re-enter, occupy and use the described property to construct, mamtain, repair, replacc, remove, enlargc and operate one or morc water pIpelines and all under!,'foll11d and surface appurtenances thereto, lllcludmg electric or other related control systems, underground cables, wires and connectIOns and surface appurtenances. By way of example and not by way of limitatIOn, the parties Intend to mclude wlthm the temlS "plpelmes" and "appurtenances" the followlllg mams and condUIts, valves, \ aulls, manholes, control systems, ventIlators, and the like, Ill, through, 0\ er and across the follo\\ lI1g described parcel of land SItuate, Iymg and being m Jefferson County and State of Colorado, to-wIt: (For Legal Description, please see Exhibit "A", attached hereto and made a part hereof) IT IS HEREBY MUTUALLY covenantcd and agreed by and betwecn the partIes hereto as follows I The Board shall have and exercIse the rIght of mgress and egress m, to, over. through and across the above described property for any purpose needful for the full enjoyment of any other nght of occupancy for herem. 2 The Grantor shall not construct or place any structure or huIldmg, fcnce, retal11mg wall. street light, power pole, yard light, mail box, sign or trash receptacle, temporary or permanent, or plant any shrub, tree, woody plant or nursery stock, on any part of the abovc described easement. Any structure or huiJdmg, fence, street light, power pole, yard light, mail box or sign, temporary or permanent, or shrub, tree, woody plant or nursery stock, of any kind situated on the above described easement as of the date of this Agreement, may be removed by the Board without liability for damages ansing therefrom. 3 Fencll1g eXlstll1g at the tune of tI1IS Agreement whIch IS disturbed or destroyed by the Board or ItS agents m eonstmctmg ItS facilItIes shall be replaced by the Board to ItS ongll1al conditIon as nearly as reasonable; however, the Grantor sha1J not constmct new fencmg across or wlthm the easement. 4 The Grantor grants to the Board the nght to occupy the casement Il1 order to protect Its ll1tercsts 111 and nght of occupancy of the easement at all tunes and particularly dunng times of constructlon, repaIr, removal, replacement or enlargement of water faCIlItIes. 5 The Board shall have and exercise the nght of subjacent and lateral support to whatever extent IS necessary or desirable for the full, complete and unmolested enjoyment of the nghts described herem. It IS specifically agreed between the parties that the Grantor shall take no actIOn whIch would Impair the earth cover over, or the lateral or subjacent support for any water pipeline or lines and appurtenances withm the easement. The Board's Engineenng Standards reqUIre no less than four and one-half (4YI) feet and no more than ten (10) feet of earth cover, measured vertIcally from the top of any pIpelIne or lInes. DeviatIon from thIS reqUIrement Will be penl1ltted only upon specific pnor, wntten permission from the Board. If such modIfication undertaken by the Grantor requires alterations to any plpelll1e faCIlIty, such alteratIOn shall be at the Grantor's expense 6 After constructIOn of any water pipelIne or lmes the general surface of the ground. except as necessanly modified to accommodate appurtenances, shall be restored, as nearly as reasonable, to the grade and conditIon Immedwtely pnor to constructIOn. Topsoil shall be replaced m cultl\ ated and agricultural areas, and any excess earth resulting from ll1stallallOns by the Board shall be removed from the easement at the sole expense of the Board. The Board agrees that for a penod of one-year followlllg constructIOn whIch lIlvohes disturbance of the surface of the ground, the Board wlll mallltam thc surface elevation and qualIty of the sod by correctlllg any settlll1g or subsldll1g that may occur as a result of the work done by the Board. 7 The (irantor has retallled the nght to the undisturbed use and occupancy of the subject property II1sofar as such use and occupancy IS consistent with and does not ImpaIr any grant herem contained and except as herein otherwise prOVided. Without lImIting the generalIty of the foreg01l1g sentence, the Grantor and the Board agree that the Grantor may use the subject property for open space, park, and pedestnan traIl purposes, consistent WIth use of contIguous property owned by Grantor and devoted to these purposes. 8. It IS mutually agreed by and between the parties that the Board may commence the exercIse of ItS nghts hereunder forthwith or It may postpone the exerCIse of all or some part of its nghts hereunder to some Indeterm1l1ate future time. The Board IS acquIrIng the nghts 111 the subject property In order to 111sure to the Board a dommant easement for the exercise of the Board's functions and that the exercise of any nghts In the subject property other than those retamed by the Grantor shall be withm the dIscretIOn ofthe Board. 9 lfthe Board abandons use and operation of the pipeline facilIties laId pursuant to thiS casement, such abandonment shall not constitute abandonment of its nghts under this easement. 2 10 The Grantor warrants that Grantor has full nght and lawful authorIty to make the grant contamed herem, and promises and agrees to defend the Board m the exercise of Its nghts hereunder agamst any defect m Grantor's title to the land involved or Grantor's nght to make the grant contamed herem. II Each and everyone of the benefits and burdens of this Agreement shall mure to and be bmdmg upon the respective legal representatives, heirs, executors, adnlll11strators, successors and assigns of the parties. 12. For the resolutIOn of any dIspute ansmg from thiS Agreement, venue shall be m the courts of the City and County of Denver, State of Colorado. 13 Unless special proVisions are listed below and/or attached, the above constitutes the wholc Agrecmcnt between the parties and no additional or different oral representatIOn, promise or agrecmcnt shall be bindmg on any of the parties with respect to the subject matter of this instrument. To the extent that any special provisions added are 111 conflict with any other provISIons, the special provisions shall control and supersede any other terms or provIsIOns. SPEC1AL PROVISIONS Notwlthstandmg the provisions of paragraph 8, the Board acknowledges the eXistence of a non-exclUSive easement granted to the Frllltdale Sal1ltatlOn DistrIct for water and/or sal1ltary scwer lInes locatcd \Vlthll1 the Board's casement at the northemmost portion of the easement and recorded under ReceptIOn Number 79105298 on November 19, 1979 m the Clerk and Recorder's Office of the County of Jefferson. All other provlslOns and terms of thiS agrecment shall remalll 10 full forcc and effect. J THIS EASEMENT AGREEMENT shaIl become effectIvc on the date It IS signed by the appropnate rcpresentat1Vc of the Board. ATTEST City of Wheat Ridge. a mUl1lclpal corporation Pamela Anderson, City Clerk Jerry 01 Tulho, Mayor APPROVED AS TO FORM Gerald E. Dahl, City Attorney ST ATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregomg 1\1strument was acknowledged before me thiS ___ day of _. ,2006, by Jerry Oi Tullio as Mayor and Pamela Anderson as City Clerk of the City of Wheat Ridge, a municipal corporation. Witness my hand and oflieml seal. rvly commiSSIOn expires :S E A L} Notary Pubhe A TTESTED AND APPROVED. CITY AND COUNTY OF DENVER, actll1g by and through ItS BOARD OF WATER COMMISSIONERS By' H.J Barry, Manager Jon L. Diebel, Director of Engll1eenng Date. APPROVED AS TO FORM' {S EA L} Legal DIVision N .WORP'AGRMNT\ESMTWHEAT RllX.ib ell V-OF t.()~DU1T-NUMBER-15<) IIS5J-5 CONDlilT f.AS 4 EXHIBIT "A" '- A parcel of land situated in the northwest quarter of the southeast quarter (NW14 SE14) of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, Colorado more particularly described as follows: BEGINNING at a point from which the northwest-southeast one sixty fourth corner of said Section 21 bears North 36042'48" East 598.33 feet; thence South 89022'00" West 50.00 feet; thence North 00048'40" West 37.52 feet, thence North 44011 '27" East 170.62 feet; thence North 00048'34" West 359.47 feet to a point on the southerly boundary of Denver Water's easement, the agreement for which is recorded at Reception No 2005076211 in the Clerk and Recorder's Office of Jefferson County; thence along said southerly boundary South 68020' 12" East 54 11 feet; thence South 00048'34" East 359 50 feet; thence South 44011'27" West 170.62 feet; thence South 00048'40" East 16 96 feet to the POINT OF BEGINNING as shown on Denver Water CAD drawing 11853-5_pmgt a copy of which is attached hereto and made a part hereof This parcel contains 0 640 acre more or less N:\WORDlLEGALS Denver Water 1600 West 12th Avenue Denver, Colorado 80204 SE 1 4 SECTION 21. TOWNSHIP 3 SOUTH. RANGE 69 WEST 6th P M ---- JEFFERSON COUNTY ---- , . C-N-SE J\;" Cor See 21 Lone Engineers 1 'h" Alum. Cop & Rebar S68'20'12"E 5411' N89'29'40"E - --- ~-- - NUn. SE r/-I "'VI' 1/-1 SE 1/-1 See 21 ----- N ----- ----- 118SJ ----- _____ '2 _____ --1>"'91 ----- ----- ----- ----- \ '\ \ \ \ \ ----- SE 1/4 NW 1/4 SE 1/4 SEe 21 \00 0 'oJ"'_-_-_-...- 100 200 SCALE IN FEET ~ '" E , S89'22'OO"W ~ I 50.00' BASIS OF BEARING: Bearings ore based on the north line of the southeast quarter of the northwest quarter of the southeast quarter of Section 21 being N89"29' 40"E. W 41ST A l-E LEGEND ~ BNDRY EXIST1NG D.W.D. ESMT ~ EASEMENT ACQUIRED CAD 11853-5_PMGT n 'Nn PDt'lPn;)T'V uu,ur"t..I:".....- C"T....."'...."... .................... ITEMNO.l REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. July 10, 2006 TITLE: COUNCIL BILL NO. 16-2006 , AN ORDINANCE PROVIDING FOR APPROVAL OF A ZONE CHANGE FROM AGRICULTURE ONE (A-l) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 5220 QUAIL STREET (CASE NO. WZ-06-02fWILSON) o PUBLIC HEARlNG o BIDS/MOTIONS o RESOLUTIONS [gj ORDINANCES FOR 1ST READING (Date: July 10, 2006) o ORDINANCES FOR 2ND READING QuasI-JudIcIal. [gj 0 )Tes No ~~~ Commumty Development DIrector ~~r-~ CIty Man~r EXECUTIVE SUMMARY: Wilson Commumty Development IS requestmg a rezomng from Agnculture One (A-I) to Planned ReSIdentIal Development (PRD) for the property located at 5220 Quail Street. The subject parcells 278,650 square feet m size (6.39 acres). The current zomng designatIOn allows one smgle family reSidence, anCIllary agncultural uses and a lImited range of non-residentIal uses. The site currently contains an existing single family structure. An Outlme Development Plan wIll be reViewed at second reading. The Outlme Development Plan will establIsh allowable uses and development standards. The PRD ZOnIng would allow 25 smgle family residentIal lots, rangmg m size from approxImately 7,400 square feet to approxImately 10,500 square feet in size. The density would be approXimately 3.9 dwellmg umts per acre. This request relates to CIty CouncIl goals ofthe CIty bemg prepared for growth and opportumtles and better quality housing stock, speCifically, upgraded and more modem homes. Planmng CommiSSIon wIll hear the request on July 6, 2006 Their recommendatIOn will be mcluded With the Council ActIOn Form for the publIc heanng. COMMISSIONIBOARD RECOMMENDATION: Planning COlmmssIOn will heaT the request on July 6,2006. TheIr recommendatIOn Will be mcluded with the Council ActIOn Form fOT the public heanng. STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: The City has received a one-time applicatIOn fee for the land use applicatIon. The City would receive additional fees for processmg the Fmal Development Plan and Fmal Plat. Buildmg permit fees and use taxes will be collected dunng constructIOn. Cash m lieu of park land dedicatIOn will also be collected at the tIme ofbuildmg permit. After these one time fees are collected, property taxes will be collected on each property. Generally, the cost of provldmg services to reSidentIal development IS greater than the property taxes collected. RECOMMENDED MOTIONS: "I move to approve Council Bill No 16-2006 case number WZ-06-02, a request for a reZOning from Agnculture One to Planned ReSidential Development on first readmg, order It published, public heanng set for July 28,2006 at 7'00 m the City Council Chambers." Report Prepared by" TraVIS Crane ReViewed by: Alan White Attachments: I Plannmg Commission Staff Report (Without exhibits) 2. Council Bill No. 16-2006 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER: Travis Crane CASE NO. & NAME. WZ-06-02/Wilson DATE OF MEETING. July 6, 2006 ACTION REQUESTED' A request for a rezoning from Agriculture One (A-I) to Planned Residential Development (PRD), including an Outline Development Plan. LOCATION OF REQUEST: 5220 Quail Street APPLICANT (S): Steve Wilson OWNER (S): Charles and Jill Richardson APPROXIMATE AREA. 278,650 sq. ft. (6.39 ac.) PRESENT ZONING' Agriculture One (A-I) COMPREHENSIVE PLAN DESIGNATION' Agriculture Estate Residential (AER) ENTER INTO RECORD: (X) (X) ( ) COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULATIONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Subject Property Location Map All notification and postmg requirements have been met; therefore, there is jurisdiction to hear tlus case. ATTACHMENT 1 Planning Commission WZ-06-02fWilson I. REQUEST The applicant is requesting a rezoning from Agriculture One to Planned Residential Development (Exhibit 1, Letter of Request). An associated Outline Development Plan is included with the request. The current Agriculture One zoning designation allows single family residential with associated agricultural uses. The property contains an existing single family residence, which ultimately would be removed. The applicant has received proper consent from the property owners to pursue this application. An Outline Development Plan will rezone the property and set development standards. The applicant wishes to rezone the property to allow approximately 25 single family dwelling units. The property is bounded by Quail Street to the west and Ridge Road to the south. The property slopes from northwest to southeast and is 6.3 acres in size. II. OUTLINE DEVELOPMENT PLAN The Outline Development Plan (ODP) will set all allowed uses and development standards for the property (Exhibit 2, ODP). The ODP also contains a conceptual layout of the property which includes street alignment and general property divisions. Allowed Uses The subject property is currently zoned Agriculture One (A-I). The A-I zone district allows single family residential and associated agricultural uses. Additionally, churches, day care centers, bed and breakfasts, schools and golf courses are listed as special uses in the A-I district. The applicant has proposed that only single family residential and home occupations as defined in the Code shall be allowed uses for this property. Comprehensive Plan The Comprehensive Plan Future Land Use Map designation for this property is Agriculture Estate Residential (AER). The Comprehensive Plan states that AER areas are to consist of neighborhoods with very low density housing and a predominately rural character The Comprehensive Plan lists the desired attributes of the AER areas as: . Well maintained dwellings . Lots comprised primarily of open lands . Domesticated farm or ranch animals permitted . Accessory structures that assist in the production of value-added agricultural products . Allowed private and unpaved roads . Not to exceed I dwelling unit per acre These attributes clearly indicate that more rural, agriculturally oriented, low density development IS enviSIOned in the AER designated areas. The A-I zoning and AER designation, while appropriate at one time, are historic legacies and are not consistent with current growth and development pattern in the area. When the Future Land Use map was created, all properties in the City which were zoned A-I were given the AER designation. This did not give much consideration to long term plannmg. As a result, the ComprehensIVe Plan enVisioned every property that was zoned A-I to remain an agricultural property. In reality, these parcels are generally larger, mostly vacant propertIes which are attractive for redevelopment. Planning Commission ViZ-06-02fVVilson 2 While not entirely consistent with the comprehensive plan future land use designation, the proposed use and density would be consistent with conditions in surrounding areas. Large properties to the east have recently been rezoned and developed as single-family residential subdivisions. These new developments (Skyline Estates filing number 2 in Arvada and filing number 3'in Wheat Ridge) contain subdivided lots of approximately 9,000 square feet in size. A large retail development has recently been constructed at Ridge Road and Kipling Street, approximately Y2 mile away from the subject property. As a result of the FasTracks project, a new light rail line is being planned in this area. The initial studies indicate that the Gold Line will be just south of Ridge Road, extending through Wheat fudge terminating around Ward Road. These new subdivisions and retail development, coupled with the introduction of light rail in the near future, clearly indicate that a change in character is occurring in this area. The Comprehensive Plan also indicates the following goals: . Provide quality, aesthetically-pleasing housing choices that are convenient to needed services and amenities. . The City of Wheat Ridge shall strive to be a community that provides a variety of residential units - both in terms of price and type of unit - allowing households with different incomes and needs to live in Wheat Ridge. . New development or redevelopment shall be so designed as to be a positive contribution to the entire community and compatible with surrounding uses. The proposed rezoning is consistent with all of these goals. The ODP contains strong architectural controls which will-regwate the type of housing constructed, The housing will be similar in nature to the surrounding single family residential to the east. The proposed development will be in character with the surrounding area. Density The ODP is proposing a total of 25 residential lots. The property is 6.39 acres in size. This would equate to 3.9 residential units per acre. Landscaping The ODP sets the minimum amount of landscaping for each proposed lot at 25%. All front, side or rear yard adjacent to open space or right-of-way shall be 100% landscaped. The areas listed as tracts on the ODP will be 100% landscaped and maintained by the homeowner's association. All other landscaping will conform to Section 26-502 ofthe Wheat Ridge Code of Laws. The amount of required landscaping for each lot is consistent with the landscaping requirements for residential zone districts listed in the Chapter 26. Minimum Lot Size/Width The ODP specifies that the mmimum lot size shall be 6,250 square feet in size. The mmimum lot wldth shall be 25 feet at the frontage (the front property line) and 40 feet at the front setback line. Even though these minimum lot widths are comparatively low, the conceptual site plan shows that each lot lS at least 60 feet wide at the street frontage. Building Coverage . . A maximum floor area ratio of .45 lS proposed on the ODP Floor area ratio lS the total amount of square footage allowed related to the size of the lot. By example, a 7,400 square foot lot C .. 3 Planning o=SSlOU WZ-06-02/Wilsou would permit a house with ~ maximum of 3,321 square feet. This can be the total footprint of a one-story house or a footpnnt of 1,660.5 square feet for a two-story house. This maximum floor area ratio does not include the square footage of any accessory structures. Accessory structures are allowed to a maximum size of 600 square feet. Parking The ODP specifies that parking shall be in conformance with Section 26-501 of the Code of Laws. The Code requires 2 parking spaces for residential structures where on-street parking is allowed, and 4 parking spaces where there is no on-street parking. Building Height/Setbacks The maximum building height is being established at 35 feet for residential dwellings. Accessory structures may be a maximum height of 15 feet. These are consistent with the maximum allowed heights established in the Code for residential zone districts. The minimum setbacks established on the ODP are as follows: 20 feet for the front yard,S feet for the side yard and 20 feet for the rear yard. Each adjacent lot must stagger the front yard setback by at least 2.5 feet to avoid a linear development pattern. This will create front yard setbacks of20 feet, 22.5 feet and 25 feet. Any structure located in a side yard which is adjacent to right-of-way will require a 10 foot setback. Accessory structures (detached garages and sheds) must also meet minimum setbacks. Accessory structures are not allowed in the front yard. Accessory structures must be at least 2 feet from any side or rear property line, provided that the structure is less than 8 feet tall at the setback line. If the accessory structure is between 8 and 15 feet in height, a 5 foot setback is required. If the accessory structure is adjacent to right-of-way in the side or rear yard, a ten- foot setback is required. The required setbacks have been established on the ODP to allow flexibility and greater diversity. The Code specifies that residential zone districts shall have a minimum 30 foot front yard setback, and side and rear yard setbacks are between 5 feet and 15 feet, depending on zone district. Architecture The ODP includes architectural standards for the structures. The front elevation shall have at least 50% stone or brick, with a four-foot return on each side. Any residential structure adjacent to open space or structures on comer lots shall have a four-foot return on each side, a minimum of two windows, trim enhancements, a variation in matenals and pnvacy fence. Identical house models may not be located on adjacent lots or across the street. Garage dominant models may not be located on adjacent lots. The Final Development Plan will contain typical elevations of the house models. Any accessory structure in excess of 120 square feet must be similar in nature to the primary structure. Fencing The ODP refers to Section 26-603 of the Code of Laws for perimeter fence regulations. Site Plan Planning commission WZ-06-02/Wilson 4 Page two of the ODP shows-a conceptual site layout. The lots are between 7,400 square feet and 8,200 square feet in size. One lot is shown at approximately 10,500 square feet. These lot sizes are approximates, and because this rezoning does not include a subdivision plat, the lot sizes may change slightly. There are two tracts of land shown directly north of Ridge Road which will be used for detention. These tracts will be maintained by the homeowner's association. The propert; will be served by two new public streets. One street will be located on the very north end of the subject property cormecting to Quail Street. The second street win be parallel to and east of Quail Street, intersecting with the east/west street. These streets are labeled Street "A" and Street "B" respectively. These streets will be named at the Final Development Plan stage. Street "A" is shown as being 25 feet wide. Chapter 26 states that any street proposed on the boundary of a development may be 25 feet wide, or half the 'normal' right-of-way width of 50 feet. lithe property to the north of the subject parcel were to redevelop, the other half of the street would be constructed. Street "B" is shown with a total right-of-way width of 46 feet. Even though the Code requires a minimum right-of-way width of 50 feet for neighborhood streets, the ability exists to reduce the right-of-way width to 40 feet with a variance request. The variance request will be included with the final plat. The 46-foot width will accommodate two through lanes and parking on each side of the street. Street right-of-way will be examined further when a final subdivision plat is submitted and reviewed. III. CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zone: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. The existing zone classification on the official zoning map is not in error. The property currently has Agriculture One zoning. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. There has been a recent change in character of the area. While this area of the City has historically been zoned and used either agnculturally or industrially, much of the surrounding land has been redeveloped as single family residential properties. The property directly to the east (Skyline Estates filing number 2 m Arvada) has been rezoned and developed as single family residential WIthin the past five years. The property to the east of that (Skyline Estates filing number 3 in Wheat Ridge) was rezoned and developed as smgle family residential in 2003. The property drrectly to the west of the subject parcel is located m Arvada and currently zoned industrial, but the City of Arvada is in the process of amendmg therr Comprehensive Plan to deSIgnate the property as medium density residential. Planning Commission WZ-06-02/Wilson 5 In addition, the RTD Gold Line is expected to locate just south of Ridge Road. The current projection shows a light rail stop at Kipling Street and one at Ward Road. This property is located in between each of these light rail stops, making it an attractive property for residential development. The proposed rezoning will be in character with the surrounding neighborhood. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area. The Future Land Use map in the Comprehensive Plan designates this property as Agriculture Estate Residential. The proposed rezoning is for residential dwellings, which is consistent with the AER designation; however the proposed density will be much more than one dwelling per acre. While not consistent with this future land use designation, the rezoning will be compatible with surrounding areas. The change in zone will be in conformance with several goals of the Comprehensive Plan, specifically providing quality aesthetically pleasing housing, providing a variety of housing and development that is a contribution to and compatible with the surrounding neighborhood. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The request is for a rezoning to PRD. To the east of the subject parcel is an abundance of residential properties. The surrounding residential properties are located within the City of Arvada and the City of Wheat Ridge. The development on these properties is extremely similar in nature. TheODP contains architectural and development standards similar to these surrounding developments. This similarity will create cohesion between the properties. 5. That there will be social, recreational, physical and/or economie benefits to the community derived by the change of zone. This proposed zone change should create a benefit to the community. The proposed zone change will allow 25 new single family homes. The change of zone will provide more quality housing for existing and future residents. Two new streets will be constructed to serve this development, and two existing streets will be widened and improved as a result of development. Quail Street currently exists as a sixteen foot wide dirt road. The developer will be responsible for widening and paving Quail Street for the extent of roadway adjacent to the property. New sidewalks will be installed adjacent to the streets. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies are able to serve the property, and the developer will incur the cost and maintenance of any improvements. Two new streets will be constructed With the development oftlus property. New curb, gutter and sidewalks will also be constructed. 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. Planning Co=ission WZ-06-02!Wilson 6 The change in zone will not affect public health, safety or welfare in the area. Traffic will increase from existing conditions; however, the amount oftraffic generated by the single family residences will not overburden the roadway system. The eventual developer will be constructing two new streets to serve this development, and Ridge Road and Quail Street will be improved as well. All site generated drainage will be accommodated with onsite detention facilities. This change of zone will not reduce air or light to adjacent properties. 8. That the change of zone will not ereate an isolated or spot zone district unrelated to adjacent or nearby areas. This change of zone will not create an isolated zone district. The proposed rezoning and future development will be extremely similar to the single family development which is directly to the east in Arvada. Further east is another single family development. All of these developments have similar architectural controls and will have similar housing styles, choices and layouts. IV. AGENCY REFERRAL All responding agencies have indicated that they can serve the property, and the applicant will bear the cost of upgrading any service to the property. Because the request is for a rezoning, a fmal drainage report was not required. Drainage will be examined in further detail at the Final Development Plan stage. V. NEIGHBORHOOD MEETING The required neighborhood meeting was held on March 15,2006. There were five attendees at the neighborhood meeting. General questions ranged from roadway improvements proposed to the effect on wells in the area. There was a large amount of discussion regarding the proposed density. Some of the attendees felt that there would be too many lots created and one- or two- acre lots would be more appropriate. A meeting synopsis has been included as Exhibit 3. VI. STAFF CONCLUSION & RECOMMENDED MOTION(S): Staff concludes that the rezoning is compatible with surrounding uses, and that the eventual development of the property should be an improvement over the existing conditions. The area has been steadily evolving from large agricultural lots to smaller single-family lots. Multiple rezonings have occurred in the area, which allowed the development of more single-family residential homes. The construction of a large format retailer and the introduction of light rail in the area will foster more growth and change m the area. The rezoning conforms to goals listed in the ComprehenSive Plan. Adequate infrastructure WIll be constructed to accommodate me development. REZONING AND OUTLINE DEVELOPMENT PLAN OPTION A. "I move to recommend APPROVAL of Case No. WZ-06-02, a request for approval of a rezoning from Agriculture One to Planned Residential Development, and an Outlme Development Plan for property located at 5220 Quail Street, for the fol1owmg reasons: 1. A change in character has recently occurred in the area. Adjacent properties have been rezoned and developed with single-family residential homes. A large retail center has been constructed within % mile of the subject property. A Planning Commission 7 WZ-06-02/Wilson proposed light rail line will be located just south of Ridge Road. These changes create a favorable climate for additional residences. 2. The change in zone is compatible with the new development to the east and the proposed Arvada Comprehensive Plan update directly to the west. 3. Adequate infrastructure will be constructed as a result of development. Two existing roads will be widened and improved, and two. new streets will be constructed. Sidewalks will be constructed adjacent to the new public streets to serve the neighborhood. These additions and alterations will improve the vehicular and pedestrian traffic in the area. 4. The change in zone will not adversely affect the public health, safety or welfare, nor will it create an isolated or spot zone district. 5. The change in zone will be in conformance with several goals of the Comprehensive Plan, specifically providing quality aesthetically pleasing housing, providing a variety of housing and development that is a contribution to and compatible with the surrounding neighborhood." With the following condition: 1. The note on the ODP in Character of Development shall be amended to read. Accessory structures larger than 120 square feet in area shall be constructed of materials and painted in a manner similar to and compatible with the primary structure. OPTION B: "I move to recommend DENIAL of Case No. WZ-06-02, a request for approval of a rezoning from Agriculture One to Planned Residential Development, and an Outline Development Plan for property located at 5220 Quail Street, for the following reasons: 1. " Planning Co=ission WZ-06-02/Wilson 8 INTRODUCED BY COUNCIL MEMBER Council Bill No. 16 -2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURE ONE (A-I) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) FOR PROPERTY LOCATED AT 5220 QUAIL STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT. Section 1. Upon application by Wilson Commulllty Development, approval of a reZOning m Wheat Rldge, Colorado, Case No. WZ-06-02, for property located at 5220 Quail Street and based on a recommendation from the Wheat fudge Planlllng Commlssion and pursuant to the findings made based on testImony and eVidence presented at a public heanng before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agnculture One Distnct and to mclude in the Planned Resldentlal Development zone dlstnct the followmg described land: A PARCEL OF LAND LOCATED IN SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16 WHENCE THE WEST QUARTER OF SAID SECTION 15 BEARS S 89 DEGREES 32'45" W A DISTANCE OF 132963 FEET; THENCE N 89 DEGREES 32'45" E ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 16 A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; THENCE N 00 DEGREES 15'09" W ALONG A LINE 15.00 FEET EAST AND PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, A DISTANCE OF 38140 FEET, THENCE N 89 DEGREES 32'45" E A DISTANCE OF 44789 FEET, THENCE S 00 DEGREES 15 '21" E A DISTANCE OF 562.89 FEET TO A POINT ON THE NORTHERLY RIGHT-OF WAY LINE OF RIDGE ROAD RECORDED AT BOOK 184 PAGE 132 JEFFERSON COUNTY PUBLIC RECORDS ATTACHMENT 2 THENCE S 74 DEGREES 44'11" W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 46362 FEET; THENCE N 00 DEGREES 16'33" W ALONG A LINE 15.00 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING CONTAINING 278,650 SQ. FT OR 6.397 ACRES MORE OR LESS. Section 2. Vested Property Rights. Approval ofthls rezoning does not create a vested property nght. Vested property nghts may only anse and accrue pursuant to the provisIOns of Section 26-121 ofthe Code of Laws ofthe City of Wheat fudge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that thIS ordmance IS promulgated under the general police power of the City of Wheat fudge, 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 convemence and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attamed. Section 4. Severability. If any clause, sentence, paragraph, or part of thIS Zonmg Code or the applicatIOn thereof to any person or CIrcumstances shall for any reason be adjusted by a court of competent JunsdlctlOn invalId, such Judgment shall not affect application to other persons or cIrcumstances. Section 5. Supersession Clause. If any proviSIOn, reqUirement or standard established by this Ordmance IS found to conflict WIth Similar proVISions, reqUirements or standards found elsewhere m the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of thIS Ordinance, the provlSlons, reqUirements and standards herem shall supersede and prevail. Section 6. This Ordinance shall take effect 15 days after final publIcation. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of _to _ on thiS 10th day of July, 2006, ordered published m full in a newspaper of general Circulation m the City of Wheat Ridge and Public Heanng and conSIderatIOn on final passage set for July 28th 2006, at 7:00 o'clock p.m., m the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of _ to _, thiS loth day of July, 2006 SIGNED by the Mayor on thIS _ day of ,2006. ATTEST' Pamela Y. Anderson, City Clerk ATTORNEY 1 st PubhcatlOn: 2nd PublicatlOn. Wheat Ridge Transcript Effective Date: e :Ip lanninglfonnslord. fnn JERRY DITULLIO, MAYOR APPROVED AS TO FORM BY CITY GERALD DAHL, CITY ATTORNEY ITEM NO: S, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 10, 2006 TITLE: COUNCIL BILL NO. 17-2006, AN ORDINANCE PROVIDING FOR APPROVAL OF AN AMENDMENT TO AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD) LOCATED AT WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE (CASE NO. WZ-06-03/CABELA'S & COORS) o PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS [8J ORDINANCES FOR 1ST READING (Date: Julv 10, 2006) o ORDINANCES FOR 2ND READING Quasi-Judicial: [8J 0 Yes No ~~ Community Development Director ~o.J~ City Manager Q EXECUTIVE SUMMARY: Cabela's and Coors are requesting an amendment to an eXisting Outline Development Plan. The property is currently zoned Planned Commercial Development (PCD) and is located west ofI-70, south of State Highway 58 and north of West 32nd Avenue. The subject parcel is approximately 178 acres in size. The amendment to the ODP will allow a greater range of allowed uses and will establish development standards. The expanded list of allowed uses would allow a wide range of commercial uses and a few light industrial uses. The eXisting ODP allows only water storage and deposition and excavation. The site is currently vacant and contains a 28 acre water storage faCIlity This request relates to City Council goals of the City being prepared for growth and opportunities and the 1-70 corridor as a major commercial center. Planning Commission heard the request on June 15, 2006, and recommended approval With conditions. COMMISSIONIBOARD RECOMMENDA nON: Planning Commission heard the request on June 15, 2006, and recommended approval with conditions. Staff and the applicant agree with all of the recommended conditions. Planning Commission recommended approval of the Outline Development Plan for the following reasons: 1. A change in character has occurred in the area. The property has histoncally been used as a gravel mine while the area which surrounds the property has been developed and redeveloped as commercial and mdustrial properties. 2. The request will bring the property into conformance with the goals and policies of the Comprehensive Plan. The properties contain commercial and industrial designations. The range of allowed uses is consistent with the future land use designation defined in the Comprehensive Plan. 3. The construction of roadway improvements will adequately accommodate the additional traffic volumes produced by the proposed uses. The improvements will not only benefit the development onsite, but also the surrounding propertIes. 4 The proposed uses will be compatible with the surrounding area, specifically the commercial properties directly to the south, the commercial shopping center to the east ofI-70 and the industrial park north of Highway 58. Required buffers will minimize the impacts to adjacent residential uses. 5. The request will be a benefit to the City, County, School Distnct and special districts by providing additional tax revenue, added retail and service establishments, additional employment and the Installation of pedestrian connections to Clear Creek trails. 6. The request will not create an isolated or spot zone district. 7. The request Will not adversely affect public health, safety or welfare. with the following conditIOns. 1. The easements or right-of-way needed for the construction of Cabela Drive where it crosses Jefferson County property and off-site to the State Highway 58 interchange and to West 32nd Avenue shall be secured prior to the issuance of any building permit. 2. The traffic improvements labeled as 'Year 2008 improvements' In the traffic study dated June 2006 shall all be constructed prior to the issuance of any certificate of occupancy. These improvements shall additionally Include the pedestrian trails on the west side of Cabela Drive and the west side of the frontage road. 3. A note shall be added to the Outline Development Plan which reads: "Freestanding signs that do not exceed 15 feet in height must have a 10 foot setback from any property line. Freestanding signs which are more than 15 feet in height must have a 30 foot setback from any property line." 4 The footnote under Development Standards which references increased side and rear yard setbacks where adjacent to nght-of-way shall be removed. 5 The required front yard setback for parcel 5 shall be reduced to 15 feet. 6. The language which regulates signage shall be modified to include an allowance for wall and freestanding signage for parcell O. 7. The use chart shall be modified as it relates to processing and assembly to read. "processing, assembly or light industrial operations." 8. A preponderance of trees shall be added to the buffer area. 9. There shall be no buildings, signs or parking allowed within the buffer area. I O. Free standing lights may be a maximum height of 25 feet. STATEMENT OF THE ISSUES: Access The site will be served by multiple access points; from 1-70, a new underpass at W. 40th Avenue and a new street called Cabela Drive. Cabela Drive extends through the site in a north-northwest direction, and will connect to a proposed State Highway 58 interchange to the north and West 32nd Avenue to the south. Portions of Cabela Drive will be on privately owned property or County owned property. The applicants must secure the right-of-way or easements necessary to construct Cabela Drive. The discussions have begun for procurement ofthese easements; however, nothing has been finalized to date. Staff recommends that the right-of-way or easements shall be secured prior to issuance of any building penmt. Timing of Improvements As mentIoned above, there will be several major changes and additions to the roadway system in the area. The traffic study identifies the improvements as: new slIp ramps from 1-70, a new underpass at West 40th Avenue and a new street called Cabela Drive which connects West 32nd Avenue and a new interchange at Highway 58. There are additional off-slte improvements identified in the traffic study which are consistent with the preferred altematlve in the Environmental Assessment. All of these improvements are labeled as 'year 2008' improvements in the traffic study The 'year 2008' label was given because the full build-out of the entire property was enviSIOned for 2008. Staff has suggested that a conditIOn of approval be added to ensure all needed improvements are constructed prior to issuance of a certificate of occupancy. An Outline Development Plan, Final Development Plan and Final Plat will be reviewed concurrent with the second reading. The FDP will detaIl the site development ofthe 36-acre Cabela's parcel. The Final Plat will subdiVide the property into smaller developable parcels. AL TERNA TIVES CONSIDERED: None FINANCIAL IMP ACT: The City has received a one-time application fee for the land use application. Building permit fees an~ use taxes will be cullected during construction. The City will collect sales tax revenues from any retaIl sales. RECOMMENDED MOTIONS: "I move to approve Council Bill No. case number WZ-06-03, a request for an amendment to an Outline Development Plan for property zoned Planned Commercial Development on first reading, order It published, public hearing set for August 14,2006 at 7:00 in the City Council Chambers." Report Prepared by: Travis Crane Reviewed by: Alan White Attachments: 1. Planning Commission Staff Report (without exhibits) 2. Council Bill No. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO' Planmng CommiSSIOn CASE MANAGER: Travis Crane CASE NO. & NAME WZ-06-03 & WS-06-01/Coors & Cabela's DATE OF MEETING June 15,2006 ACTION REQUESTED' Approval of an amendment to an existing Outlme Development Plan, a Final Development Plan and a Final Plat LOCATION OF REQUEST A Parcel west ofI-70, south of Highway 58 and north of West 32nd Avenue APPLICANT (S) Cabela's/Coors OWNER (S): Same APPROXIMATE AREA. 178 acres PRESENT ZONING- Planned Commercial Development (PCD) COMPREHENSIVE PLAN Community Commercial (Ce), Business Park (BP) & Open Space LocatIOn Map Subjec Parcel Plannmg Commission Case WZ-06-03 & WS-06-01/Coors & Cabela's 1 ATTACHMENT 1 All notificatlOn and postmg reqmrements have been met; therefore, there IS Jurisdiction to make an admInistrative deCision on tills matter I. REQUEST The applIcants are requestmg approval of an amendment to an eXIstmg Outlme Development Plan to allow a greater range of allowed uses; a Final Development Plan for a portlOn of the property and a Final Plat for the entire property (Jl~liiBitj, Letters of Request) The applicants are imtIally requestmg to develop approximately 36 acres of the site wIth a retail store. The property IS currently vacant, and is located west ofI-70, south of Highway 58 and north of West 32nd Avenue. The property IS approxImately 178 acres m size. II. PROPERTY HISTORY The subject properties were annexed mto the CIty of Wheat RIdge in February 2005 Pursuant to State statute, zonmg must be established on annexed propertIes wlthm 90 days. As a result, an Outline Development Plan was submItted and approved by City Council m May 2005 (E.gIll,B~t2, 2005 Coors/Cabela's ODP). ThiS ODP allowed a very lImited range of uses, mcludmg water storage, excavatlOn and deposition of matenal to reclaim a gravel mme. At the same tIme, a Final Development Plan was reviewed and approved by Clty Council only for the portlOn of property to be used as a water storage facilIty in the southwest comer of the property Special use permIts have also been granted m conjunctlOn with the excavation and fill deposItlOn operations. III. OUTLINE DEVELOPMENT PLAN The applIcants are requestmg an amendment to the eXlstmg ODP whIch would allow a WIde range of commercial uses (I3:~~1!!:~, 2006 Coors/Cabela's ODP) The ODP Will establish development standards and allowed uses. The ODP shows general parcel locations and access pomts. The Comprehensive Plan Future Land Use Map deSignation for thiS property IS Community Commercial, Planned Busmess/Industnal Park and Open Space. Current Land Use The majonty ofthe property is currently vacant, with a 28-acre water storage facilIty located m the southwest comer An eXlstmg reSidential structure remams towards the south edge of the property on parcel 3. Allowed Uses The ODP will establish allowed uses for each parcel ofland m the development area. A use matnx has been mcluded whIch details, by parcel, the allowed uses. The chart shows "allowed" in a column where a use is allowed for a particular parcel. If the word "allowed" IS not present, the use is not allowed. The lot numbers at the top of the matrix correspond With the parcel numbers shown on the site plan (page 2 under Allowed Uses). Each parcel has dIfferent characteristics and dynamiCS, and therefore different allowed uses. For example, the parcels directly to the north of the eXlstmg reSIdential will contam less mtenslVe uses and greater buffenng to lessen the Impact. Conversely, those parcels which Will be adjacent to Highway 58 may support more mtenslve Industnal uses. The allowed uses have been modeled after the eXlstmg C-I and Industnal zone dIstncts, With some undesHable uses omltted. Auto-onented uses, special uses and very IntenSIve Industnal uses such as storage yards have been removed from the use matnx, and thereby are not allowed. Many uses are Planning Commission Case WZ-06-03 & WS-06-01lCoors & Cabe!a's 2 bemg strictly prohibIted, uses such as adult busmesses, auto service and sales, bed and breakfast homes, storage yards, constructlOn or heavy eqUlpment sales and mini warehouses. Water storage IS an allowed use on parcel 6 and parcel 8 Parcel 6 IS the current location for the newly- constructed water storage facility. Parcels 1-5 are envlslOned as commercial retail parcels. Parcel 3 contams an eXlstmg vacant residentIal structure. As a result, residentIal has been mc1uded as an allowed use only on parcel 3. A note has been added under Allowed Uses which allows the residential to remam, until such tIme that a Pinal Development Plan has been approved. Parcels 7-10 also allow retail, but also mclude more mdustnal uses. It should be noted that parcel 8 IS encumbered by the 100- year flood plain and contams steep grade changes, making development extremely difficult. However, a lIst of allowed uses has been Identified for parcel 8 should a developer wish to Improve the property. Staff recommends that the use listed as "Processing, assembly or light" be completed to read "Processing, assembly or light industrial operations" Comprehensive Plan Because one component of the request IS for a rezoning, the Comprehensive Plan must be exammed. The Comprehensive Plan defines goals, polIcies, future land use and desIred attributes of development or redevelopment. The Future Land Use deslgnatlOn for these properties IS Commumty Commercial (CC) for the area south of Clear Creek, Planned Busmess/lndustnal Park (BP) for the area north of Clear Creek and a portion of Open Space Just north of Clear Creek. The proposed uses lIsted on the ODP are consIstent With these respectIve designations. Commumty CommerCial (CC) The ComprehenSive Plan Commumty Commercial Center designatlOn IS defined as. " uses adjacent to 1-70 which are intended for non-residential uses whose market area extends beyond the City of Wheat Ridge. Businesses in these areas serve the traveling public and are dependant on highway access and/or visibility These developments contain a mixture of complementary uses such as retail and office and provide pedestrian connections within the site and to adjacent properties. These activities generate a substantial amount of revenue for the City and it is important that the viability and attractiveness of these sites be maintained. " Some desired attributes of the CC deslgnatlOn are. . Adequate access from regional roadways . Uses that provIde services for the travelmg public . Controlled access onto artenal and collector streets through mlmmal curb cuts . A mixture of complementary uses such as retail and office . Compact development that is well landscaped, no outdoor storage, screened trash areas . Pedestnan connectlOns wlthm the site and from the site to adjacent uses . Uses that generate sales tax revenues m support of public services and facIlIties The property has VisibilIty from and access to a state rughway and an mterstate. The list of allowed uses will provide services to the travelmg publIc. All access pomts to Cabela Dnve will be controlled access pomts, consolIdated and alIgned so as to minimIZe traffic conflIcts. The ODP IS establIshmg mmlmum landscape coverage of 20 percent. All trash areas will be screened. Several pedestnan trail connectIOns are bemg IdentIfied on the ODP that will not only serve the subject parcels, but also the surroundmg areas. Any retall use located on the property will generate sales tax revenue for the CIty Planning Commission Case WZ-06-03 & WS-06-01/Coors & Cabela's 3 Additionally, some of the desIred uses m the CC designated areas are: . Lodgmg and meetmg facilities . Gas statIOns . Restaurants . DestmatlOn retail ( e.g. establIshments selling durable goods, clothing, grocenes and specialty Items) . TranSIt facilities and amemtles . Entertainment complexes All of these uses, except gas stations, are allowed uses on the ODP. Planned BusmessfIndustnal Park (BP) Planned BusmessfIndustnal Park IS defined as: " These areas have access to 1-70 and are generally located north and west of the interstate. These parks are designed as an integrated planned development under unified control and development standards These parks are designed with a campus-like setting and contain clean, light industrial uses. Amenities such as outdoor sitting and eating areas and pathways should be encouraged on-site for employees. " Some desired attributes of the BP designation are: . Well buffered to minImIZe negative impacts to adjacent neighborhoods and residentIal uses . Pedestnan connectlOns wlthm the site and from SIte to adjacent uses . ConnectIOns to local reglOnal bicycle path systems . Businesses that require shippmg or delIvenes by semi-trucks The parcels whIch mclude light mdustnal uses (which are the same parcels designated BP on the Future Land Use map) are located north of Clear Creek, just south of Highway 58. These two features will act as a buffer from adjacent properties. There are no residential properties in the Immediate vlclmty ofthese parcels. Several pedestnan trail connectlOns are being Identified on the ODP that will not only serve the subject parcels, but also the surrounding areas. The list of allowed uses identifies lIght mdustnal operatlOns whIch may utilIze shipping from semi-trucks. The ComprehenSive Plan also contains goals and poliCies for commercIal development or redevelopment. The follOWing are goals which relate to the proposed rezonmg and subsequent site development: Goal - ProVide convemently located and attractlVe commercIal, office and servIce uses that meet the needs of the City and are compatible yet well buffered from surroundmg areas. Goal - All new commercial development or redeveloped commercial areas shall be deSigned to minimIze effects on nearby reSIdential uses. Goal - Any new or redeveloped commercial SIte, whether public or pnvate, shall respect or incorporate as appropnate any adjacent CIVIC mvestment be It a park, recreatIOnal facility or CIVIC amemty. Planning Commission Case WZ-06-03 & WS-06-01/Coors & Cabela's 4 PolIcy - The City shall reqUire that any future commercIal development Include contInUOUS Internal dnves and contInUOUS pedestnan paths connectmg to adjacent businesses and streets WIthout directing traffic through adjacent resIdential neIghborhoods. Policy - New commercIal development or redevelopment projects shall demonstrate measures taken to reduce likely neIghborhood Impacts. Such measures shall be considered In the review of any new applIcation to the CIty. The Plannmg Department and Plannmg Commission shall pay particular attentIOn to: traffic generatIon, ingress and egress, dIstributIOn of new tnps, landscape buffenng between uses, Impact on VIew comdors, solar access and nOIse Impacts. Policy - At least 15% of the gross site area of any new commerCial development or redevelopment project shall be landscaped With live plant matenal. Additional buffenng, In the form of landscapIng, may be reqUIred for sites adjacent to reSIdentIal, agricultural or environmentally senSitive areas. PolIcy - All new commercIal development or redevelopment project shall be reqUIred to mcrease pedestnan actIvity and provide open, natural areas, suffiCient landscaping and seating and shelter for pedestrians. The standards and uses established on the ODP (and subsequent development of the parcels) will meet the mtent of these goals. The properties will be appropriately deSIgned to proVide attractIve busmesses which are adequately buffered from surroundmg reSIdential propertIes. The Wider range of commercial uses will serve the needs of the City and surroundmg commUnItIes. Several pedestnan trail connectIOns are bemg established on the OutlIne Development Plan which would proVide a benefit to the community. Landscaping The ODP IS proposmg minImum landscape coverage of 20% per lot. ThiS mmImum amount of landscapIng IS Identical to the requirement for any commerCIally zoned property The ODP also speCIfies that one tree IS reqUired for each 50 feet of road frontage. ThiS street tree standard bemg established on the ODP IS less than the one tree per 30 feet of frontage which IS reqUIred by the Code of Laws. The ODP reqUIres one tree and 5 shrubs for each 1,000 square feet oflandscaped area. ThIS standard IS also less than the Code reqUIrement of one tree and 10 shrubs for each 1,000 square feet of reqUIred landscaped area. Although these standards are lower than the Code reqUIrements for commerCIally zoned propertIes, the ODP process allows the flexibility in creatmg development standards which are UnIque to a speCIfic property The ODP references SectIOn 26-502 (landscapmg) for all other landscapmg reqUIrements. Detailed landscape plans are reqUIred for each Final Development Plan. These detailed plans will show the 10catlOn and type of landscapmg to be mstalled for each parcel. Lot Coverage The ODP sets maximum lot coverage for each parcel. MaXimums vary by lot, but they are generally around 10%. The one exceptIOn IS parcelS, which IS set at 25%. It IS Important to note that the ODP IS establIshmg a floor area ratlO, or percentage of parcel whIch can be covered by a structure. For example, parcell IS 1,586,455 square feet m sIze. The ODP allows a maXImum F.A.R. of 0 12 (12%). ThIS would allow a buildmg no larger than 190,374 6 square feet m Size, or half of that m 2 stones. Planning Commission Case WZ-06-03 & WS-06-01/Coors & Cabela's 5 The Code of Laws treats lot coverage as any area covered by structures and pavement. Based on a twenty percent minimum landscaped area reqUirement, the lot coverage (buildmgs plus paved areas) cannot exceed 80% of any parcel. This lot coverage standard is identical to the requirement for any commercially zoned property. Parking Mimmum parlang reqUirements are bemg established on the ODP. Parcels 1-5 and 7-10 must provide one parkmg space for each 200 square feet of bUlldmg square footage, less 10 percent. This is IdentlCal to the City's standard for retail uses. The Code of Laws allows a ten percent reductIOn m buildmg square footage for the purpose of calculating reqUired parkmg. ThiS ten percent reductIOn IS to account for stairways, hallways, mechanIcal rooms, restrooms and kitchens - areas which should not be mcluded in parking calculations. Parcel 6 reqUires two parking stalls for mamtenance velucles. ThiS parcel will not mclude commercIal actIvity; therefore commercial parking standards do not need to be established. Building SetbackslHeight The ODP establishes mlmmum front yard, side yard and rear yard building setbacks for each parcel. The required setbacks differ by parcel. All parcels are required to have a mlmmum 10 foot Side yard setback and a mmimum 15 foot rear yard setback, With the exception of parcel 4 ThiS parcells located dIrectly adjacent to existmg residentIal, and therefore has a larger reqUired Side yard setback. Parcel 4 IS reqUired to have a mmlmum 20 foot Side yard setback. Parcels 1, 5, 7, 9 and 10 are reqUired to have a 30 foot mmimum front yard setback while parcels 2,3 and 4 are reqUired to have a 15 foot mimmum front yard setback. Staff feels that the front yard setback for parcelS should be reduced to 15 feet to allow for the abilIty to deSign m a neo-tradltlOnal manner It should be noted that m commercial zone dlstncts a mmlmum 50 foot front yard setback for commercial properties IS reqUired, With an allowance to reduce the front yard setback to 30 feet where the front yard is entIrely landscaped. A footnote has been mcluded under the Development Standards chart which references a 30-foot reqUired SIde or rear yard setback when adjacent to public nght-of-way. Staff feels thiS note should be removed, as some of the front yard setbacks are less than 30 feet, and the more stnngent Side and rear yard setback would be unnecessary The maximum buildmg height, as required by the Charter, IS being established at 50 feet for parcels 1- 3 and 7-10 Parcels 4 and 5 are located approximately 30 feet lower than the eXlstmg residentIal, so reduced buildmg heights for these lots WIll lessen the Impact to the residential properties. Parcels 4 and 5 are located approximately 30 feet lower than the existmg residential parcels to the south. The maXImum buildmg height for parcel 4 IS bemg established from a fixed elevatIOn pomt on the south property line. The ODP states that the top of a buildmg on parcel 4 shall not exceed elevatIon pomt 5,530 feet, establIshed from CIty datum. ThIS will give the abilIty to construct a 50-foot tall buildmg Without a large amount of fill, thereby mcreasmg the impact to the residentIal properties. Simply, a 50- foot tall buildmg on this parcel tIed to a maximum elevatIOn of 5,530 feet to the top of the structure will effectively result in a 20-foot tall buildmg as Viewed from the residentIal properties to the south. The building height cannot exceed elevation 5,530, so any fill brought in reduces the height of the building. Any bmldmg constructed on parcelS IS limited to 35 feet m height. Buildmgs on parcel 6 are allowed a maximum buildmg height of 15 feet, which IS consistent With the eXlstmg pump house assOCiated WIth the water storage facilIty Planning Commission Case WZ-06-03 & WS-06-01lCoors & Cabe!a's 6 Architecture The ODP contains detailed language regarding requIred archltectural enhancements for all parcels. The architectural standards are similar to language III the Streets cape and Architectural Design Manual, whlch is adopted as regulation. The ODP contallls strong language which will reqUlre four- sided architecture on all buildings. Any proposed buildmg must be shown on the Final Development Plan, and must further comply wlth these guidelines. Site Access/Circulation The parcels will gain access from three different locations. The malll entrance to the site will be from a new Illterchange at Highway 58 A new publIc street (Cabela Dnve) will connect to Youngfield Service Road III a north/south alIgrunent. This new street wlll be a four-lane publIc roadway, transltlOmng Illto a three-lane publIc roadway near the northern end of parcel 7. The road will contmue north and west, eventually connecting to a new mterchange at Highway 58. The second access pomt will be a new 40th Avenue underpass between parcels 1 and 2. This underpass will connect to Cabela Dnve. A new realigned servlce road will be established Just north of the 40th Avenue underpass which serves the Table Mountam Animal Center The third pomt of access will be from new hook ramps from 1-70. Westbound traffic wIll be able to access Cabela Dnve dIrectly; conversely site patrons will be able to contmue westbound onto 1-70 after vIsItIng the site. A pedestnan crossmg IS bemg shown on Cabela Dnve between parcels I and 5, as thiS will be the mam access pomt for each property. Cabela Dnve will be a publicly-dedicated roadway which connects West 32nd Avenue to Highway 58 PortlOns of the road will fall outside City limlts m unincorporated Jefferson County A small tnangular area of the roadway Just east of parcel 8 wlll be located within County-owned property. Another section west of parcel 9 will be located on pnvately owned property m Jefferson County The connectIon to West 32nd Avenue crosses private property m Wheat fudge. The applIcants have not yet secured the easements or nght-of-way to allow the constructlOn ofthese roadway sectlOns. AcqmsitIon of these easements IS paramount to provldmg adequate access and circulatlOn to and from the site. Without these connectIons, easements or nght-of-way, the property will not have adequate access to serve a development of this size. Each parcel will have at least one access pomt from Cabela Dnve. The access pomts are shown on the site plan With black arrows. Trails A number of pedestrian trail connectlOns have been identIfied on the ODP. The first will be on the west Side of Cabela Drive, and will be ten feet III Width. The second trail will connect through parcels 4, 5 and 7, eventually connectmg to the existing Clear Creek trail on parcel 8. The specific aligrunent has not been identIfied for thIS trail to ensure flexibility With future development. A thIrd pedestnan trail will connect Cabe1a Dnve to Youngfield via the 40th Avenue underpass. Finally, a trail will connect 40th Avenue to the Clear Creek traIl along the realigned frontage road. Planning Comrnisslon Case WZ-06-03 & WS-06-01lCoors & Cabela's 7 With the exception of the trail through parcels 4,5 and 7, all trails will be built at the time the adjacent roads are constructed. The addItional trail WIll be constructed at the hme of development of parcels 4, 5 and 7 Sign age The ODP establishes the signage regulatIOns for each parcel. All parcels are allowed one freestandmg sign, not to exceed 15 feet in height, not larger than 150 square feet to be placed Within a landscaped area. For parcels 2-9, wall signage is allowed on elevatIOns adjacent to nght-of-way or major mtenor dnves, not to exceed one square foot of slgnage for each one linear foot of wall to which the Sign IS attached. Parcel 1 IS allowed wall signage on each elevatIOn, not to exceed 1,050 square feet in size. Parcel 1 IS allowed an additional project IdentIficatIOn SIgn which can be a maximum of 30 feet m height and 200 square feet m size. ThIS would allow all busmesses to have VisibilIty from 1-70. Staff suggests that setbacks be establIshed for all freestanding signs. The SIgn Code typically requires a mmlmum 10 foot setback for signs up to 15 feet in height and a 30 foot setback for SignS over 15 feet in height. Additionally, the regulations do not address Sign age on parcel 10. Staff suggests that the Sign age allowed on parcell 0 should be conSistent With parcels 2-9. Lighting A note has been added to the ODP WhiCh regulates extenor lights, and more Importantly, controls the effects of light spillage. The ODP allows a maXimum freestandmg light pole height of 30 feet. The Code of Laws currently allows a maximum pole height of 18 feet; however, as mentIOned preVIOusly, thIS ODP process allows flexibIlity and vanance from a standard m the Code. Extenor IIghtmg, exclUSive of secunty lIghtmg, must be turned off one hour after the close of busmess. Several notes have been added to the ODP under Development Standards which reqUires fully shielded, cut-off fixtures, and reqUires that all light be contamed on the subject property. All freestandmg lights are reqUIred to be at least 25 feet from any residential property line. FencinglBuffering All fences must be m compliance With SectIon 26-603 of the Code of Laws. ThiS SectIOn allows a maximum fence height of six feet m rear and Side yards, and a maximum fence height of 48 mches m front yards. AddItIonal constramts are IdentIfied for areas located wlthm a sight distance tnangle. All fences will be shown on the Final Development Plans for each parcel. A twenty foot buffer IS proposed for the portIOns of parcels 4 and 5 whICh are adjacent to reSidentIal properties. ThiS buffer will contain trees and shrubs consistent with Code reqUirements. The landscape buffer will be further detailed on the Final Development Plan for parcels 4 and 5. Traffic The development of the subject propertIes Will undoubtedly increase traffic m the surrounding area. ThIS proposed development has tnggered an Environmental Assessment, which examines the environmental Impact of the preferred alternatIve road Improvements. The EnVironmental Assessment IS not the subject of thIS heanng. Planmng COlrumsslOn should focus on the adequacy of the access and circulatIOn plan for the proposed development. The traffic study has mdlcated that the site development will result m a total (tnps to and from the site) of 23,785 tnps per weekday and a total of 34,341 tnps per Saturday As a result of thIS mcrease m Planning Commission Case WZ-06-03 & WS-06-01/Coors & Cabe!a's 8 traffic, several Improvements are needed to the existing roadway system. Improvements on the subject properties include a new public street whIch bisects the propertIes, a new West 40th Avenue underpass and new hook ramps from 1-70 Additional off-site reqmred improvements have been Identified m the three alternate packages m the EnVIronmental Assessment. The applicants have Identified 'preferred alternatIve number 2' m the traffic study Tills preferred alternative includes Improvements such as widening of the West 32nd Avenue and Youngfield Street intersectIOn, widening of the eastbound 1-70 offramp at approxImately West 29th Avenue, widemng of Young field Street from West 38th Avenue to West 44th Avenue, widening of the West 44th Avenue and Youngfield Street and a widenmg of Youngfield Street at West 32nd Avenue. These Improvements are consistent with the Roadway ClassificatIOn Plan of the Comprehensive Plan Addendum. An exhibIt has been mcluded willch details the extent of 'preferred alternative number 2' Tills has been mcluded as g~~lt,~. Staff recommends that all Improvements Identified as '2008 improvements' be constructed pnor to the opening of any busmess on the property. The improvements are labeled as "2008" Improvements because they will accommodate build-out traffic from the properties, which is anticIpated m 2008. IV. REZONING CRITERIA The request IS for an amended OutIme Development Plan, mcludmg a change to allowed uses. Even though the property IS currently zoned Planned Commercial Development, the reZOning criteria must be exammed. Staff has the followmg comments regardmg the critena used to evaluate a change m zone: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. The eXIstmg zone classificatron on the offiCial zonmg map IS not m error. The property currently has Planned Commercial Development ZOning. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. The properties have hlstoncally eXlstmg as a gravel and mmmg site. At the conclUSIOn of the mmmg actiVIties, the properties remamed vacant. In 2005, the propertIes were annexed mto the City of Wheat Ridge, and given a zoning desIgnatron of Planned Commercial Development, WIth a lImIted range of uses. The propertIes eXIst where an interstate highway and a state highway converge. As a result, the surroundmg area has steadily grown and changed to prov1de more commerCial services. The planned completion of the 1-70 and State Highway 58 mterchange has resulted m land acqUIsitIOns and reVIsed development plans in the general vlcmity The property east ofI-70 (Applewood Shopping Center) contams large regional retail stores. The property to the north of Highway 58 (44th Avenue Industrial Park) was annexed mto the City in 1999 and zoned to Planned Industnal Development. After the annexatIOn and zoning, 29 mdustrial bUlldmgs were constructed and contmue to operate today m an office/warehouse environment. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, and other felated policies or plans fOf the area. Planning Commission Case WZ-06-03 & WS.06-0l/Coors & Cabe!a's 9 The Future Land Use map in the ComprehensIve Plan designates these properties as Community Commercial, Planned Busmess/Industnal Park and Open Space. Parcels 1-7 (south of the creek) are designated Commumty Commercial. Parcel 8 is designated Open Space, while parcels 9 and 10 are designated Planned BusmesslIndustnal Park. The proposed zone designatIOn of Planned CommercIal Development is consistent with these classifications. The Future land Use Map IS one component ofthe Comprehensive Plan. The Plan also contams goals and policies concernmg land use and transportatIOn that need to be considered m findmg consistency With the Comprehensive Plan. As discussed m the "Comprehensive Plan" section of this staff report, the change of zone will be m compliance with the goals, objectives and polICies ofthe Comprehensive Plan. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property IS currently zoned Planned Commercial Development, albeit with a limIted range of allowed uses. The zonmg deSignation will remain, however, a Wider range of commercial and industnal uses IS proposed. Parcels 1-5 and 7 are enviSIOned to be more retail and service oriented, which IS consistent WIth properties directly to the south and east. The property directly to the south IS zoned Planned Commercial Development and contains a hotel, restaurants and a gas statIOn. To the east across 1-70 IS a large shoppmg center which provIdes an array of retail, restaurant and service uses. The allowed uses for thiS proposed amendment will be compatible With the allowed uses m these two areas. Parcels 9 and 10 are deSignated Planned BusmesslIndustnal Park. These parcels will allow the same retail and service uses proposed for parcels 1-5 and 7, With an allowance for some light mdustnal uses. The properties directly to the north (across Highway 58) are all zoned Planned Industnal Development. These properties operate as an industnal park currently Where the parcels abut eXlstmg residential (parcels 4 and 5), a 20-foot landscape buffer IS being proposed, complete WIth trees and shrubs dispersed at a rate consistent With the Code. ThiS buffer will mmimize adverse Impacts to the reSIdential area. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. ThiS request should create a benefit to the commumty. The property currently SitS as a vacant parcel, and has historically been used for mmmg. The applicants are proposmg to allow a Wider range of uses on the property, which m turn Will prOVide additIOnal services to the surroundmg residents and create Jobs. Any retaIl sales on the property Will generate sales tax revenue for the CIty, Jefferson County Open Space, the School Distnct, Jefferson County and special dlstncts servmg the area will receive mcreased property tax revenues, m some cases Without providmg addItional services. AdditIOnally, a number oftraffic Improvements have been Identified as a result of the EnVironmental Assessment. Many of these Improvements are needed to support the level of traffic actIVIty generated by the mtended uses; however some of the Improvements will correct Planning Commission Case WZ-06-03 & WS-06-01lCoors & Cabela's 10 existmg problems which would need attentIOn regardless of site development. These Improvements will benefit the surroundmg area. The parcels will also mclude much needed pedestnan trail connectIOns. This WIll allow pedestnans from West 32nd Avenue to navigate to Clear Creek; an optIOn which does not eXist today. These pedestnan connectIOns will be a benefit to the community. The proposed retail store on parcell mcludes several public facilities that will be available for use by the general public. These facilitIes will be a benefit to the commumty. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All respondmg agencies are able to serve the property, and the developer will Incur the cost and mamtenance of any Improvements. A metro dlstnct has been formed which will fund and construct all onslte public improvements and utility mfrastructure Onslte roadway improvements will be built by the metro distnct. Off site improvements will be funded by the metro dIStrict, City, CDOT and Jefferson County 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. The request will not adversely affect public health, safety or welfare m the area. The development of a hlstonc mining site will Improve conditIOns m the area and alleViate a once- potentIal hazard to persons in the area. While thiS rezoning will create higher traffic volumes to the Site, the applicants are engagmg m several roadway Improvements to the area, which should alleViate traffic congestIOn. Site development will be subject to review ofthe Public Works Department, whIch will review the drainage to ensure that there Will be no adverse Impact to adjacent properties. The parcels and subsequent buildmgs Will be constructed m such a way as to not reduce air or light to adjacent properties. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. ThiS request will not create an isolated zone distnct. The properties to the east (east ofI-70) are zoned Planned CommercIal Development, and have Similar allowed uses. These propertIes are part of a larger shopping center which proVides a Similar list of allowed uses. The properties to the south are also zoned Planned CommercIal Development, and have a Similar range of allowed uses. The properties to the north of Highway 58 are zoned Planned Industrial Development, and are part of an mdustnal busmess park. The allowed uses for this Industnal business park are Similar to the list of allowed uses proposed on thiS ODP V. FINAL DEVELOPMENT PLAN A Final Development Plan has been submitted for a parcel ofland 36 acres m size (Exhibi.t 5 Final Development Plan) The applIcant Wishes to construct a 185,000 square foot retail Planning Commission Case WZ-06-03 & WS-06-01/Coors & Cabela's 11 buildmg. The FDP lS intended to provide a site speclfic development plan for a property while meeting all the development standards estabhshed on the Outlme Development Plan. Building The apphcant IS proposmg to construct a buildmg which is 185,000 square feet m size. The bmldmg would be used as a retail sportmg goods faclhty. A sporting goods store IS an allowed use on thiS parcel (parcell). The ODP allows a maxImum floor area ratio of 12 for parcell Based on a lot size of 1,586,455 square feet, a building which lS 190,374 square feet may be constructed. The building will be located m the northeast comer of the parcel, so as to capitalize on the visibilIty prOVided by 1-70 The bUlldmg Will be setback from the front property line (southwest property line) approximately 500 feet. In between the buildmg and the Cabela Drive right-of-way is a parkmg area with landscaped islands. The ODP reqUired a mmlmum front yard setback ofJO feet. AdditIOnally, a lO-foot mimmum SIde yard setback and IS-foot mmlmum rear yard setback was establIshed. The building meets all of these requued setbacks. The ODP allowed a maximum building height of 50 feet. The bmlding wlll not exceed the 50-foot buildmg heIght maxImum. Loading bays and a boat loading/storage area will be located on the northeast elevatIOn (adjacent to 1-70). A screen wall will be constructed which partially obscures the boat storage and loadmg area. A small corral and dog run IS bemg shown along the northern property lme. ThiS use was speCifically lIsted as an allowed ancillary use on the ODP Two detention ponds are shown on the FDP - one m the northwest comer of the property and one smaller pond behmd the buildmg. The ponds have been adequately slZed to accommodate the dramage flows created by site development. Architecture The buildmg will be constructed of archItectural pre-cast concrete wlth stone and tImber accents. The roof Will be metal. The pre-cast walls will contam reveals which will provlde Visual mterest. Canopies and overhangs are used to accentuate the entrance on the southeast elevation. The proposed buildmg meets the architectural standards as establIshed on the ODP The archltectural elevations detail the overall height of the buildmg to be 76 feet to the hlghest pomt. The ODP estabhshes a maxImum buildmg height of 50 feet. Pursuant to the Code of Laws and Charter, non-habitable areas and archltectural features are exempt from thiS 50-foot height limitation. Further, the Code defines buildmg height as bemg measured to the mld-pomt of the roof. The elevatIons detail the illld-pomt of the roofto be 50 feet tall. Those portions of the buildmg whlch extend above 50 feet m helght are consldered architectural features and are not used for human occupancy. BuiIdmg slgnage is shown on the southwest, northeast and northwest elevatIOns. These SignS are allowed, as the ODP created an allowance for wall slgnage on all buildmg elevatIOns. It should be noted that the wall sign on the northeast elevatlOn extends above the deck lme of the roof. The Code does not allow wall SignS to extend above the roof. Thls lssue will be addressed With the submittal and review of the buildmg perrmt. Plannmg Commission Case WZ-06-03 & WS-06-0l/Coors & Cabela"s 12 Landscaping The ODP requires a mmlmum of 20 percent of the parcel to be landscaped. ThIs lot reqUIres 317,117 square feet of landscaped area. The FDP IS providmg 536,170 square feet of landscaped area, or 34% of the site. AdditIOnally, one street tree IS required for every 50 feet of street frontage. There are 3 street frontages for this propertY' Cabela Drive, West 40th Avenue and the Frontage Road. These 3 street frontage total 3,325 linear feet, which translates to 67 required street trees. The applIcant has provided 67 street trees. One tree and 5 shrubs are reqUIred for every 1,000 square feet of reqUlred landscape area. 317 addItIonal trees and 1,585 shrubs are required. The applIcant has proVided 318 trees and 2,432 shrubs, m addition to 2,019 ornamental grasses. The edges of the parkmg lot contam large landscape buffers WIth landscape Islands. Trees have been located wlthm the parkmg lot to break up the expansIVe area. Landscaped cap islands have been installed on either end of the parkmg lot drive aisles. Parking The ODP reqUIres 1 parkmg stall for every 200 square feet ofbuildmg area, mmus a ten percent reductIon m building square footage to account for hallways, storage areas and mecharucal rooms. The bUIlding is 185,000 square feet m size; therefore 833 parking spaces are reqUIred. The FDP details a total of 1,354 parkmg spaces prOVided. The parkIng stalls all meet the mmlmum size reqUIrements and handicap accessible stalls have been provided consIstent WIth ADA and City Code requirements. There IS an area to the north ofthe buildmg whIch IS labeled as "RV parkmg". The parkmg stalls m thiS area are large enough to accommodate oversize recreatIonal vehicles. There are landscaped Islands which further delmeate these parkmg stalls. The sheer volume ofthe parking spaces and expanse of the parkmg area IS of concern. The site contams 521 more parkmg spaces than the ODP reqUIres. ThiS is an increase of 62%. All this additIOnal parkmg may be attractive to retailers, however It translates mto longer walkmg distances for patrons, more run-off and detracts from the archItectural interest of the storefront. The parking stalls located on the west Side ofthe parkmg lot (adjacent to Cabe1a Drive) are between 600 and 800 feet from the front door ofthe store. Staff has requested that the applIcant mstall two pedestnan walkways whIch parallel the dnve aIsles. These pedestnan walk-ways could run the length of the parkmg lot, be 5 feet Wide and be located between rows of parkmg. These areas would provide the patrons a refuge from vehicles and could help reduce pedestrian and vehicle conflict. Otherwise, patrons walk down dnve aisles to get to the store. The applIcant IS not amenable to these walkways. Lighting A photometnc plan has been mcluded in the FDP whICh details the type and location of freestandmg lIght fixtures, as well as the foot-candle readmgs at speCIfied mtervals. The applIcant IS proposmg to install dual 400 watt metal halIde fixtures atop a 25 foot pole for most ofthe parkmg lot IIghtmg. The ODP allows a 30 foot tall freestanding light fixture. Staff was mltIally concerned over the amount of luminescence generated by these dual 400 watt fixtures. However, staff has spoken WIth the manufacturer of these lIghts and confirmed that directly under the pole of a dual 400 watt fixture, a total of 10 foot-candles wIll be generated. Planning Commission Case WZ-G6-G3 & WS-G6-G lICoors & Cabela' s 13 Access/Circulation The sIte will gam access from Cabela Drive, whIch will connect Highway 58 and West 32nd Avenue. Another access point is bemg provIded at West 40th Avenue. The site will contain one-way drive aIsles and angled parkmg. The PublIc Works Department has requested that Cabela Dnve contaIn a median In areas where there are no conflicts With turn lanes. The applicant has agreed to thiS median. A frontage road will connect to West 40th Avenue whIch WIll prOVIde access to the Table Mountam Ammal Center The TMAC currently obtams access from the Youngfield ServIce Road which parallels 1-70 The frontage road would replace the Y oungfield Service Road. A 5 foot WIde SIdewalk IS bemg constructed on the east SIde of Cabela Drive, and a 10 foot Wide sidewalk IS bemg constructed on the west side. A ten foot SIdewalk IS bemg constructed on the north SIde of West 40th Avenue. A 10 foot Sidewalk is bemg constructed on the west Side of the frontage road. VI. FINAL PLAT A final plat has been submitted which will subdivide the property Into lots of record (.8-.K.l1!'bif('j, Final Plat) The plat IS subdividing the entire property into 10 lots. The plat IS creating lots consistent with the parcels shown on the ODP Typical utIlIty easements have been established around the penmeter of each lot. All the areas of publIc roadway are bemg dedicated to the City. Dramage easements are being created where the detentIon facilItIes WIll be constructed. The plat meets the reqUIrements of Article IV of the Code of Laws. VII. AGENCY REFERRALS The proposal was referred to all external agenCIes and adjacent Junsdlctlons. All respondmg agencies stated that they can serve the property, and any upgrade will be at the expense of the developer Jefferson County responded With concerns regardmg the alIgnment ofCabela Dnve, as It relates to County property east of parcel 8; specifically that an easement IS needed to travel across County owned land. VIII. NEIGHBORHOOD MEETING The Code of Laws reqUIres a neighborhood meeting for amendments to OutlIne Development Plans. A neIghborhood meetmg was held on April 25, 2006, and was structured as an informatIOnal open house. ThiS meeting was held at the Recreation Center. IX. STAFF CONCLUSIONS AND RECOMMENDATIONS There are 3 requests whIch have been submitted by the applicants' an amended Outline Development Plan, a Final Development Plan and a final plat. Each Item will requue a separate motIon. Amended Outlme Development Plan Staff concludes that the amendment IS compatible WIth surroundmg land use, and that the additIOnal allowed uses Will bring the property mto conformance WIth the goals and polICies ofthe ComprehenSive Plan. AdditIOnally, With the addltlOn ofmfrastructure Improvements, the rezoning WIll be a benefit to the City and surroundmg areas. Therefore, staff recommends APPROVAL of the amended Outlme Development Plan. Planning CommiSSIon Case WZ-06-03 & WS-06 Ol/Coors & Cabela's 14 I move to recommend APPROVAL of Case No. WZ-06-03, a request for approval of an amended Outlme Development Plan to allow addItIOnal uses m the Planned CommerCIal District, for property located generally west ofI-70, south of Highway 58, north of West 32nd Avenue and east ofEldndge Street for the followmg reasons' 1 A change m character has occurred m the area The property has historically been used as a gravel mine while the area WhICh surrounds the property has been develop cd and redeveloped as commercIal and mdustnal propertIes. 2. The request will bring the property mto conformance wIth the goals and polICies of the Comprehensive Plan. The properties contam commercial and mdustnal desIgnatIOns. The range of allowed uses IS consistent with the future land use designatIOn defined m the ComprehensIve Plan. 3. The constructIOn of roadway Improvements will adequately accommodate the additional traffic volumes produced by the proposed uses. The Improvements will not only benefit the development onslte, but also the surrounding properties. 4. The proposed uses will be compatible With the surroundmg area, speCifically the commerCIal propertIes directly to the south, the commercial shoppmg center to the east ofI-70 and the industnal park north of Highway 58. Requued buffers will minImize the Impacts to adjacent reSidential uses. 5. The request will be a benefit to the City, County, School District and speCial districts by provldmg additIonal tax revenue, added retail and servIce establishments, additlOnal employment and the installation ofpedestnan connectlOns to Clear Creek trails. 6 The request will not create an isolated or spot zone dIstnct. 7 The request will not adversely affect public health, safety or welfare. With the followmg conditIons. I. The easements or nght-of-way needed for the constructIon of Cabela Dnve where It crosses Jefferson County property and off-Site to the State Highway 58 mterchange and to West 32nd Avenue shall be securc;d pnor to the Issuance of any buildmg permit. 2. The traffic Improvements labeled as 'Year 2008 improvements' m the traffic study dated June 2006 shall all be constructed pnor to the issuance of any certificate of occupancy These Improvements shall additIonally mclude the pedestnan trails on the west Side ofCabela Dnve and the west Side of the frontage road. 3 A note shall be added to the Outlme Development Plan which reads: "Freestanding signs that do not exceed 15 feet in height must have a 10 foot setback from any property line. Freestanding signs which are more than 15 feet in height must have a 30 foot setback from any property line. " 4. The footnote under Development Standards which references mcreased Side and rear yard setbacks where adjacent to nght-of-way shall be removed. 5 The reqmred front yard setback for parcel 5 shall be reduced to 15 feet. 6. The language whIch regulates slgnage shall be modIfied to mclude an allowance for wall and freestanding slgnage for parcel 10 7. The use chart shall be modified as it relates to processing and assembly to read. "processing, assembly or light industrial operations." Final Development Plan Staff concludes that the Fmal Development Plan IS conSIstent With the development standards created on the Outlme Development Plan, and further It meets the reqmrements for Fmal Development Plans Planning Commission Case WZ-G6-G3 & WS"()6-Gl/Coors & Cabela's 15 as established in the Code of Laws. Therefore, staff recommends APPROVAL ofthe Final Development Plan. "I move to recommend APPROVAL of Case No WZ-06-03, a request for approval of a Final Development Plan for property located generally west ofI-70, south of Highway 58, north of West 32nd Avenue and east of Eldndge Street, for the followmg reasons: 1 The Final Development Plan meets the development standards as listed on the Outline Development Plan. 2. The Final Development Plan meets the reqUIrements for Final Development Plans, as defined III Article III ofthe Code of Laws. With the followlllg condItIon. 1 A ten-foot pedestnan trail shall be shown on the north side of West 40th Avenue on the Final Development Plan. Final Plat Staff concludes that the final plat meets the reqUIrements established III Article IV of the Code of Laws, and therefore staffrecommends APPROVAL ofthe Final Plat. "I move to recommend APPROVAL of Case No WS-06-01, a request for approval of a ten lot subdIVISIOn plat for property located generally west ofI-70, south of Highway 58, north of West 32nd Avenue and east of Eldndge Street for the followmg reasons. 1 All reqUIrements of the SubdiVision RegulatIons have been met. 2. All required utilIty easements are bemg proVIded. 3 Adequate infrastructure WIll be constructed with the development to serve the proposed use." Planning Commission Case WZ-06-03 & WS-06-01/Coors & Cabela's 16 INTRODUCED BY COUNCIL MEMBER Council Bill No. 17 -2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT. Section 1. Upon applicatIon by Coors Brewmg Company and Cabela's, approval of an amendment to an Outlme Development Plan in Wheat fudge, Colorado, Case No WZ-06-03, for property located at west ofI-70, south of State Highway 58 and north of West 32nd Avenue and based on a recommendation from the Wheat fudge PlannIng Commission and pursuant to the findmgs made based on testimony and eVidence presented at a publIc hearmg before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Planned CommercIal Development Distnct and to mclude m the Planned Commercial Development zone distnct the followmg described land: A PARCEL OF LAND, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 19, THE SOUTHWEST 1/4 OF SECTION 20, THE NORTHWEST 1/4 OF SECTION 29, AND THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 QUARTER OF SECTION 30, BEING IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, WHENCE THE EAST 1/4 CORNER OF SAID SECTION 30 LIES SOl001'50"E ALONG THE EAST LINE OF THE SAID NORTHEAST 1/4 OF SECTION 30, 132079 FEET; THENCE S89010'02"W ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30,1315.31 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4, THENCE NOo055'47"W ALONG SAID WEST LINE, 1320.36 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19; THENCE NOoo07'30"W ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,913.46 FEET TO THE SOUTHWEST LINE OF THAT 80' WIDE DENVER WATER BOARD EASEMENT RECORDED AT RECEPTION #92130445 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, THENCE S89007'31 "W, 57 62 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 791 19; ATTACHMENT 2 THENCE THROUGH A CENTRAL ANGLE OF 15021 '56" , NORTHWESTERLY ALONG THE ARC OF SAID CURVE 212.18 FEET, SAID CURVE HAVING ACHORD OF 211.55 FEET WHICH BEARS N50055'48"W TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADTIJS OF 1529 61 FEET, THENCE THROUGH A CENTRAL ANGLE OF 12049'33", WESTERLY ALONG THE ARC OF SAID CURVE 342.40 FEET, SAID CURVE HAVING A CHORD OF 341 69 FEET WHICH BEARS N75038'51 "W TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADTIJS OF 1022.23 FEET, THENCE THROUGH A CENTRAL ANGLE OF 10005'16", WESTERLY ALONG THE ARC OF SAID CURVE 179.98 FEET TO THE POINT OF TANGENCY, THENCE S87051'06"W, 175.73 FEET, THENCE NOo023'12"W, 174.56 FEET TO THE SOUTH LINE OF THE NORTH 1/2, OF THE SOUTHEAST 1/4 OF SAID SECTION 19; THENCE S89007'31 "W ALONG SAID SOUTH LINE, 410 63 FEET TO THE SOUTHWEST CORNER OF THE SAID NORTH 1/2; THENCE NOo023'12"W ALONG THE WEST LINE OF THE SAID NORTH 1/2, 171 61 FEET TO A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 505 40; THENCE THROUGH A CENTRAL ANGLE OF 53002'20", NORTHEASTERLY ALONG THE ARC OF SAID CURVE 467.85 FEET, SAID CURVE HAVING A CHORD OF 451.32 FEET WHICH BEARS N28013'09"E TO THE POINT OF TANGENCY, THENCE NOI041'59"E, 141.51 FEET THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHW A Y 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN DEED BOOK 2177, PAGE 367 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, THENCE N87001'30"E ALONG SAID SOUTH RIGHT-OF-WAY LINE, 242647 FEET TO THE WEST LINE OF SAID SOUTHWEST 1/4 OF SECTION 20; THENCE SOoo08'II"W, ALONG SAID WEST LINE, 796 40 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTH 1/2, OF THE SOUTHEAST 1/4 OF SECTION 19; THENCE S89007'31 "W, ALONG THE SOUTH LINE OF SAID NORTH 1/2, 1319 03 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4, OF THE SOUTHEAST 1/4 OF SECTION 19; THENCE SOoo07'30"E, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,382.28 FEET TO THE NORTH LINE OF THAT PARCEL DESCRIBED IN THAT DOCUMENT RECORDED AT BOOK 1992, PAGE 752 IN SAID OFFICE, THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING 3 COURSES. I) N89052'30"E, 42500 FEET, 2) N64057'30"E, 177 70 FEET, 3) S89039'40"E, 731.27 FEET TO THE WEST LINE OF THE SAID SOUTHWEST 1/4 OF SECTION 20; THENCE NOOo08'11 "E ALONG SAID WEST LINE, 7.56 FEET TO THE NORTH LINE OF THE SOUTH 3/4 OF LOTS 21 THROUGH 24, ROXBURY GARDENS, DESCRIBED IN THAT DOCUMENT AS RECORDED AT RECEPTION #09337790 IN SAID OFFICE; THENCE N89001'07"E ALONG SAID NORTH LINE, 99043 FEET TO THE WEST RIGHT- OF-WAY LINE OF INTERSTATE 70 AS RECORDED IN THOSE DOCUMENTS RECORDED AT BOOK 1855, PAGE 425 AND BOOK 1952, PAGE 286, THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING FOUR COURSES 1) SOoo41'53"E, 1005 12 FEET TO THE SOUTH LINE OF SAID SECTION 20; 2) SOoo45'49"E, 1321.80 FEET TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SAID NORTHWEST 1/4 OF SECTION 29; 3) SOoo43'42"E, 241.50 FEET, 4) S06023'48"W, 82.23 FEET TO THE SOUTH LINE OF LOT 16, SAID ROXBURY GARDENS; THENCE S89024'52"W ALONG SAID SOUTH LINE, 986.91 FEET TO THE WEST LINE OF SAID LOT 16, BEING THE SAID EAST LINE OF THE NORTHEAST 1/4 OF SECTION 30; THENCE NO 1 00 1 'SOW ALONG SAID EAST LINE, 323.40 FEET TO THE POINT OF BEGIM-.'1NG, CONTAINING 178.217 ACRES, MORE OR LESS Section 2. Vested Property Rights. Approval of thIs amended Outline Development Plan does not create a vested property nght. Vested property rights may only arIse and accrue pursuant to the proviSIOns of Section 26-121 ofthe Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determmes, and declares that this ordmance IS promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare ofthe publIc and that thiS ordmance IS necessary for the preservation of health and safety and for the protectIon of public convenience and welfare. The CIty Council further determmes that the ordmance bears a ratIOnal relatIOn to the proper legislative object sought to be attamed. Section 4. SeverabIlIty. If any clause, sentence, paragraph, or part of tills ZOning Code or the applIcatIon thereof to any person or Circumstances shall for any reason be adjusted by a court of competent Junsdlction invalid, such judgment shall not affect applIcatIOn to other persons or CIrcumstances. Section 5. SupersessIOn Clause. If any proVISIOn, reqUirement or standard established by thiS Ordmance is found to conflict With Similar proVISIOns, reqUirements or standards found elsewhere m the Code of Laws of the City of Wheat Ridge, which are in eXistence as of the date of adoption of thIS Ordmance, the prOViSIOns, reqUirements and standards herem shall supersede and prevaIl. Section 6. ThIs Ordmance shall take effect 15 days after final publIcation. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of _to on this 10th day of July, 2006, ordered publIshed m full in a newspaper of general CirculatIOn m the City of Wheat Ridge and Public Hearing and consideratIOn on final passage set for August 14th 2006, at 7'00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat fudge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, thiS lOth day of July, 2006. SIGNED by the Mayor on thIS _ day of ,2006 ATTEST Pamela Y. Anderson, City Clerk ATTORNEY 1st PublIcation. 2nd PublicatIOn. Wheat RIdge Transcnpt EffectIve Date e: \planning\forms\ord. fun JERRY DITULLIO, MAYOR APPROVED AS TO FORM BY CITY GERALD DAHL, CITY ATTORNEY ITEM NO' (Q I REQUEST FOR CITY COUNCIL ACTION ~$~' ru COUNCIL MEETING DATE: July 10, 2006 TITLE: AWARD ITB-06-35 YOUNGFIELD STREET, 38TH-44TH AVENUE IMPROVEMENT PROJECT CONSTRUCTION IN THE AMOUNT OF $2,095,517.02 o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date _) o ORDINANCES FOR 2ND READING Quasi-Judicial. ~ ~ i;~ No -<'~WO'k~ ~~rq City Mana 0" EXECUTIVE SUMMARY: The Y oungfield Street Improvement Project, 38th to 44th Avenue, will consist of widening Y oungfield Street to a four-lane facilty to accommodate current and future traffic In the area. Y oungfield Street IS, and Will continue to serve as, an essential north-south arterial street which is in need of capacity expansion. In addition to the Inadequate capacity, the current facility does not have turns lanes at vanous location to maIntaIn safe traffic flow. The improvement is also needed to accommodate the antiCipated new traffic generated from the Cabela's Development. On June 13,2006, four (4) bids were received. All bids met the City's proposal requirements. The apparent lowest bidder was Scott Contracting of Golden, Colorado in the amount of$I,905,015 47 Their bid met all of the bid requirements. References and experience were evaluated and found acceptable. Staff recommends award of the project to the lowest responsive and responsible bidder, Scott Contracting, in the bid amount of $1,905,015.47 A standard 10% contract contingency of $190,501.55 IS requested to fund required change orders. The total encumbrance for the project will be $2,095,517.02. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The 2006 CIP Budget includes the design and construction of the Y oungfield Street widening project as discussed at the City Council Budget Retreat. Improvement ofY oungfield Street from 38th A venue to 44th Avenue has been warranted for many years and wiJl be required to accommodate the traffic generated from the Cabela's shopping center. The need for the widening ofY oungfield was identified In the 1-70/32nd Avenue FeasibilIty Study and Included in the current EnvHonmental Assessment required by Federal Highway AdmInistration and the Colorado Department of Transportation as part of the Cabela's Development transportatIOn improvement solution. BIds for the Youngfield Street Project, 38th to 44th Avenue were opened on Tuesday, June 13,2006 Four (4) bids were received. The bids ranged from $1,905,01547 to $3,122,301.10. The EngIneer's Estimate for the project was $1,978,277 00 The lowest responsible and responsive bidder, Scott Contracting of Golden, Colorado has met the bid and qualificatIOn requirements. Based upon the contractor's demonstrated capabilities and performance on prevIous City projects, staff recommends award to Scott Contracting. A 10% contIngency amount of$190,501.55 is requested to allow for the cost of other items related to the proj ect. ALTERNATIVES CONSIDERED: No award and Youngfield Street, 38th Avenue to 44th Avenue, Improvement Project will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved as the Y oungfield, 38th to 44th Improvement line item of the 2006 Capital Investment Program budget In the amount of$3,600,000.OO. This budget includes $377,640.00 expended for the deSign of the project. RECOMMENDED MOTION: "I move to award ITB-06-35, Youngfield Street, 38th to 44th Avenue Improvement Construction, to Scott Contracting of Golden, Colorado In the amount of$I,905,015.47 1 further move that a contingency amount of $190,501.55 be approved. I further move that the Director of Public Works be authOrIzed to Issue change orders up to a total contract and contingency amount of $2,095,517.02. I further move that all costs associated with this contract be paid from account number 30-303-800- 843, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." or, "I move to deny award of ITB-06-35 Youngfield Street, 38th to 44th Avenue Improvement Construction for the following reason(s) " Initiated by. Report Prepared by. Reviewed by. Steve Nguyen, Engineering Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: 1 Project LocatIOn Map 2. Bid Tabulation Sheet 060710 ITB-06-35 CAF Youngfic1d widening.doc PROJ[CI lOCAI\ON --.---- \-70 ~~ UN\NCORP. J [ffCO \i1 \i1 \i1 z \i1 \i1 ~ 0 a: ~ Cl 0 ~ a: 0 z 0 ~ (i :? 0 0 ~ r-- Q ~ )< :? \ W 39 W 39' 'tl ~ \ A,.-t Ol ~ c rn <tl .<: U ~ :J ~ 0. "- .0 >- 0 >- .S en-" ~I o Q) en ~ w :> 01-- rn <tl ",0. w <tl w Z-o z .~ w ~ .~ ....- '" ;;:~ <( 0--' Q. E Z o.Q o !!1 o ~ .. Q <.9 o wN,.:Z z ~>.a.._ E=..a~0:: ":i. II) W .... "'(')....CO"'W O,<(OzW o.CDO-~Z fi9~(Y)~- Q:^"'o~:::>(!) 0"" oCO OZ iii!::iiiO~W w > < J: .... ~ . I .... ()() C'? ...= (/) c ...J W LL (!) Z ::J o >- I- o w """) o n:: a.. t r-I ..,. 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July 10, 2005 TITLE: WHEAT RIDGE FOUNDATION APPOINTMENT o PUBLIC HEARING IZl BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes IZl No ~9rL - ~ ~rq City Manage rs EXECUTIVE SUMMARY: An application for Don Eafanti has been received for a vacancy on the Wheat Ridge Foundation. The primary purpose of the Foundation is to carryon the educational, scientific, and charitable activities included, but not limited to the following: to acquire, maintain, and dispose of donations made to the City of Wheat Ridge, Colorado, for the purpose of decoratIon, beautification, cultural enhancement, and education, historic preservation and education, related programming, or memorialization on or in the property and facilities owned and operated by the City of Wheat Ridge. COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: If applicant is not appomted to the Wheat Ridge Foundation Board vacancies will remain. The appointment of Board and Commission members addresses the following City Council Strategic Plan goals. Strong Partnership between City and Community' Our Boards and Commissions are a valuable connection between the community and the City to facilitate the process of governing. The City Council relies on these Citizen volunteers for their diverse background and experience to implement the Council's vision. 2. Leisure Amenities for Families: The purpose of the foundatIon as stated in the executive summary cOIncides with the objectives of this Strategic Plan Goal; I.e. additional facilities and projects for youth, improved quality and maintenance of parks and amenities and leIsure time options and choices. AL TERNA TlVES CONSIDERED: Not appoint applicant to fill the vacancy on the Wheat Ridge Foundation Board. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to appoint Don Eafanti to the Wheat Ridge Foundation Board, term to expire March 2,2009 " or, "I move to deny the appointment of Don EafantI to the Wheat Ridge FoundatIOn because " Attachments: 1. Wheat Ridge FoundatIOn Board application. Report prepared by' Pam Anderson, City Clerk Reviewed by' Randy Young, City Manager Wheat Ridge Foundation "working for our community's future r"-" ; Olstrj~ut~ I : :;late: ~ ,'5{'" '(;7 City Clerk: City Treas: Council: Mayor: L--- City Mgr: . City Arty: Dept H~ads: Phone' Board Member Application ~ _A- r- A- W -fir _.=--;-:-_.-~..-."~..~~--=~;~"-.:; .5 S 3> 0 'Rt1 \c ~ S-L uJ/ r:.;:: Co g 00'3:] HOlMe- 5'0'];;-42. 2--<{3 t,y / Wo...l, ;0]' - "-I;2"i - 7"7.L I \..{)D.....K b6S":l. LV, 33{'<~ A,-ve- iAJ/? CZ)oa3;<; Are you available for monthly Board meetings that occur on week days generally from 9:00 am - 10:00 am? y e. "> ~"-1 Name. Address. ~ L OufJ.. [7, oiJ e I Why are you interested in this position? UJ0te;-L g What ideas or skills will you bring to the position? A~y I 11~1 / d. <2 a.. -flAa-ts We.\.{.) / ~ ~cl eO\. ----t- k <<-< s; Oldt Are you currently involved with any other boards, committees, or other organizations? Va c~~~ b,J. FA-oJ'+- Signature ~~, \ Q2 ( , \', \'~~-b ((Xl \>C,\ ~ " c-j ~ , l)\) .,j G t ",-,....1::_' Date &-:2D-Ob ITEM NO: L REQUEST FOR CITY COUNCIL ACTION ~~~ COUNCIL MEETING DATE: July 10, 2006 TITLE: RESOLUTION 33-2006 - A RESOLUTION AMENDING THE 2006 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $23,000 FOR THE PURPOSE OF ABATEMENT OF CODE VIOLATIONS AT 4590 KIPLING STREET o PUBLIC HEARING o BIDS/MOTIONS IZl RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING QuasI-JudiCIal: IZl No o Yes !lde.~ CitY~'d EXECUTIVE SUMMARY: The Police Department is requesting a budget amendment in the amount of $23,00000 to the Community Services Unit budget to provide funding for abatement of code violations at the property located at 4590 Kipling Street. Commumty Services Officers have been working with the property owner, Kelly Capital, smce October 2005 III an attempt to have the property cleaned. The poor conditIOn of the property poses both a safety issue as well as a fire Issue. In addition, transient camps have been located on the property. Community Services has received an estimate from Grounds Service Company, Inc. for clean-up of the property. The total abatement estimate IS $20,675 00. The Police Department IS requestmg $23,000.00 for abatement of the property which includes a contmgency for additional work that may be required on the property. After approval by City Council, the abatement/clean-up process will start withm one week. This request is III furtherance of Council's strategic goal of Better Quahty Housing Stock, specifically Code Enforcement and Compliance Enhancements. COMMISSION/BOARD RECOMMENDA nON: No other Board or Commission reviews budget amendments. STATEMENT OF THE ISSUES: Most violations that reach the stage of abatement involve safety issues. In some cases the offending property becomes viewed as a neighborhood nuisance. In cases where property owners have been served with notices to abate violations and the owner IS either uncooperative or out of state, compliance can only be gamed by the City undertakmg the abatement action. This involves hinng contractors to perform the abatement work. Costs of City-initiated abatement can be recovered by filing a tax lien on the property A tax hen is paid when property taxes are paid, so the City is reimbursed in the next tax year AL TERNA TIVES CONSIDERED: Do not allocate any funds. FINANCIAL IMPACT: Funds to cover costs of abatement of this magnitude were not budgeted m the 2006 Budget. There are adequate funds m the General Fund undesignated reserves to fund this request. The $23,000 00 supplemental budget appropriation will be placed in account 01-203-700-704 Contractual Services. Should the property be cleaned up by the property owner prior to the start of abatement, funds will be returned to the General Fund, unless they are necessary for another large abatement project prior to the end of2006 RECOMMENDED MOTION: "I move to approve Resolution 33-2006 - A ResolutIOn Amending the 2006 Fiscal Year General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$23,000 for the Purpose of Abatement of Code Violations at 4590 Kipling Street." Or "I move to deny the approval of ResolutIOn 33-2006 - A Resolution Amending the 2006 Fiscal Y car General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$23,000 for the Purpose of Abatement of Code Violations at 4590 Kipling Street for the following reason( s) " Report Prepared by' Reviewed by' Daniel Brennan, Police Chief Patnck Goff, Deputy City Manager Attachments: 1. Resolution 33-2006 RESOLUTION NO. 33 Series of 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $23,000.00 FOR THE PURPOSE OF ABATEMENT OF CODE VIOLATIONS AT 4590 KIPLING STREET WHEREAS, the 2006 Budget does not provide funding for the abatements of code violations of this magmtude; and WHEREAS, most violatIOns that reach the stage of abatement mvolve safety and/or fire issues and in some cases the offendmg property becomes viewed as a neighborhood nUlsanl:e; and WHEREAS, this request will assist staffm addressmg City CounCil's goal of provldmg Better Quality Housmg Stock specIfically Code Enforcement and Compliance Enhancements; and WHEREAS, the Wheat RIdge Charter reqUires that amendments to the budget be effected by the City CouncIl adoptmg a Resolution, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The followmg amendment to the 2006 General Fund Budget IS hereby approved. (a) A supplemental budget appropriatiOn from General Fund undeslgnated reserves in the amount of $23,000 00 to account #01-203-700-704 for the purpose of abatement of code VIOlatIOns at 4590 Kiplmg Street. This resolution shall be effective Immediately upon adoption. DONE AND RESOLVED THIS 10th DAY JULY 2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 1 ,..rr '<.. I C C,f-!"- I -' "-'" ,~ .---' - jllC)i.-/t:!:';, TG l:?' KeJ1f T y.!4~ PI c"""---<:P- .c0= c..':F t '~t-/. ;-l r"'-: W rc~'-ZC~-r7t:..~ ~ ::; L?~-S:- 7'T-r-c.-"l{t::::. ,..MJ /':::> -j 0'iZ- Ve.y pt::;::' e i>~<::f. .;e:-YT7O..c-: ~'rH.i 17 / r --B..- Tltz;:;;;. ~'",r~~ 4-~~.A '-' CI? OC::V{IV~'c:... ":2a~ e~:6 5 / ,:) u-;t:,r b-L, - -s.>vrf"-' ~ w;-'( -cu--r::. ~,ifOC1V/~ I A:PD ~~/~ ~ ~?/CW'C ~--H5-tC ~,.~ --n:./ ~ -p~At.-. p::: ~ a::/I5 ~ {)r" ~c..;.4~ rlf::ilTc:...&./4~ ~ Tl-K---- ~ c;X.A&~}i/.t!f4:-7L A&rrTEJi;:.,,i...i ~ Amendment to Smoking Ordinance I move to amend subsection (6), Section 9-22, Article II, by deleting the last sentence in its entirety and replacing the same with the following sentence: "The specified radius shall be five (5) feet; provided, however, that if that specified radius would prohibit smoking on a patio where smoking is otherwise allowed by this Article or by state law, such radius shall be reduced to zero (0) feet in that case to allow for smoking on such patio" \J~ .~ t't-u'{-\G \f\- \v c\;, {.,V~ ,~v+- +l fjey \ ~~J~! Cj de )(/'; rf ~ d'J----' v GENERAL AGENDA ITEM COMMENT ROSTER DATE: July 10. 2006 ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. ,\:, 't;' ,'tt<t ~ ~~:K':~~ THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. ~':'::-:J" ~~r~,),~ ...... J) NAME ADDRESS AGENDA ITEM NO. \ A'lID HAIIlt:;CC:M l25cr5 'y,) 38TH AYE-- -=r ~M L I C"'\ M. L \ iI'l'i:- ~Ll"\.<:' \.'\ l...I~~ t\-\/'f' :1'1",'1' fr\ Q ~ RECOMMENDED MOTION: "I move to award ITB-06-35, Youngfield Street, 38th to 44th Avenue Improvement ConstructiOn, to Scott Contracting of Golden, Colorado m the amount of$1,905,015 47. I further move that a contmgency amount of$190,501.55 be approved. I further move that the Director of Public Works be authonzed to Issue change orders up to a total contract and contmgency amount of$2,095,517.02. I further move that all costs associated With this contract be paid from account number 30-303-800- 843, and that these funds be encumbered for the length of the project m accordance With Ordmance #787, 1989 Senes." ( I further move that award of ITB-06-35, Youngfield Street, 38th to 44th Avenue Improvement Construction IS contmgent upon the Issuance of a Colorado Department of TransportatIOn Utility Permit for the construction of the project. or, "I move to deny award of ITB-06-35 Youngfield Street, 38th to 44th Avenue Improvement ConstructiOn for the followmg reason( s) "