HomeMy WebLinkAboutVirtual City Council Agenda Packet 06-22-20AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO June 22, 2020
7:00 p.m.
This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways:
1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on
June 22nd ) 2. Virtually attend and participate in the meeting through a device or phone:
• Click here to join and provide public comment
• Or call +1-669-900-6833 with Access Code 960 3844 1286 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube
Live at https://www.ci.wheatridge.co.us/view 4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by
noon on the day of the meeting. Arrangements will be made for those individuals to
access City Hall during the meeting to view the meeting and provide public comment if desired. These comments will be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or
wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in
participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES
Parks and Recreation Month Proclamation
CITY COUNCIL AGENDA: June 22, 2020 Page -2-
APPROVAL OF MINUTES
Study Session Notes of June 1, 2020; and June 15, 2020. Special City Council Minutes of June 1, 2020; and City Council minutes of June 8, 2020. APPROVAL OF AGENDA
CITIZENS’ RIGHT TO SPEAK a. Citizens may speak on any matter not on the Agenda for a maximum of 3 minutes under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor.
b. Citizens who wish to speak on a Public Hearing item or Decision, Resolution or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item.
c. Citizens may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record.
CONSENT AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 10-2020 - an ordinance approving an amendment to the existing Planned Mixed Use Development (PMUD) zoning to increase the allowable height
for hospital uses at Clear Creek Crossing 2. Council Bill No. 11-2020 - an ordinance approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP)
ORDINANCES ON FIRST READING 3. Council Bill No. 12-2020 - an ordinance approving the rezoning of property located at 11700 W. 46th Avenue from Agricultural-One (A-1) to Residential-Two (R-2)
DECISIONS, RESOLUTIONS AND MOTIONS 4. Motion to approve an appointment to fill a District I vacancy on the Planning Commission 5. Resolution No. 35-2020 - a resolution condemning racism
6. Resolution No. 36-2020 - a resolution of the Wheat Ridge City Council extending the request for the wearing of face coverings in all Wheat Ridge businesses CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
CITY COUNCIL AGENDA: June 22, 2020 Page -3-
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
PROCLAMATION
PARK AND RECREATION MONTH JULY 2020 WHEREAS, parks and recreation are important to maintaining the quality of life
in our communities, ensuring the health of all residents, and contributing to the economic and environmental well-being of a community; and WHEREAS, parks and recreation programs build healthy, active communities
that aid in the prevention of chronic disease, provide therapeutic recreation services for
those who are mentally or physically disabled, and also contribute to the mental and emotional health of all community members; and WHEREAS, parks and recreation areas are fundamental to the environmental
well-being of our community; and
WHEREAS, our parks and natural recreation areas ensure the beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and
WHEREAS, the City of Wheat Ridge recognizes the benefits derived from parks and recreation resources. NOW THEREFORE, I, Bud Starker, Mayor, and the Wheat Ridge City Council do
hereby declare July, 2020 as PARKS AND RECREATION MONTH in the City of Wheat
Ridge. __________________________ Bud Starker, Mayor
________________________ Steve Kirkpatrick, City Clerk
Special City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
June 1, 2020 Note: This meeting was held virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, Council previously approved this format in
order to continue with normal business and respond to the CoVid-19 Pandemic and the
related public emergency orders promulgated by the President of the United States, the Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.
Mayor Starker called the Special City Council Meeting to order at 8:27 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin
Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck
Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; Administrative Services Director, Allison Scheck; Community Development Director, Ken Johnstone; other staff, and interested citizens.
APPROVAL OF AGENDA
Accepted without modification or objection.
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session
so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech).
The following comments appeared in Wheat Ridge Speaks for this Special Council Meeting:
Item 1 – Face Covering Resolution I am against extending the mask order. I haven't seen or read about new cases in our city and wearing these masks for extended periods of time, such as 8-12-hour work shifts, is harming our bodies. I personally, have a constant rash across my chin, breakouts of pimples and blisters around
City Council Minutes June 1, 2020 page 2 my mouth, and servers chapped upper lip from exhaling carbon dioxide onto the skin; and the skin and inner body are being starved for oxygen. The recirculating of exhaled carbon dioxide is slowly suffocating the skin and cells within the body. These masks are not healthy at all and I have seen, not heard of ANY recent covid cases within our city. It's time to begin normalcy. Thank you for your consideration in this matter. 05/31/2020 1:53 pm
Rebeka McClure 6219 w 41st Ave., Wheat Ridge , 80033 The mask order should not be extended. There are no increased cases. Wearing a mask is to be the choice of citizens that want that protection but also the choice of citizens that do not think it is necessary. Point blank, it’s the choice of the American. High risk individuals, as in any case prior to covid19, should take precautions to protect themselves as they are more subject to illness because of their health. If citizens have concerns, take precautions for oneself or stay home. 06/01/2020 10:01 am Holly 4450 Holland St WHEAT RIDGE, 80033 I believe that as Adults we can make the decision to wear masks, or not. The original Resolution was good guidance during the first of the virus but now we know how and what to do to better fight this virus. Each of us can make our own decision as to protecting ourselves while honoring those who feel they must protect themselves. No further action is required at this time and would urge you to NOT extend the mask requirement within the City of Wheat Ridge. Thank you. 06/01/2020 10:49 am Vivian Vos 6920 W 47 place Wheat Ridge, 80033 I would like to thank City Council, mayor Starker and city staff for the thoughtful work that has already taken place. I look to you as leaders to continue facemask and social distancing requirements as we continue to adapt to COVID-19. We are fortunate that businesses are opening, and we begin to safely socialize, however we have high-risk populations in our city, and we do not yet know how slowly increasing social and business activities may lead to an up tick in cases. I appreciate that whatever you decide some will agree and Some will not. However now is the time for slow, measured, thoughtful action. 06/01/2020 11:44 am Kathleen Martell 6355 W 31st Avenue Wheat Ridge, 80214 Until there is more evidence, facts, studies about how Covid-19 spreads, it is in everyone's best interest to continue wearing masks. I would like to see the order extended. 06/01/2020 11:35 am
Andrea McCullough 7995 w 47th Ave., Wheat Ridge, 80033
City Council Minutes June 1, 2020 page 3 I see nothing wrong with extending the mask order. It's such a simple thing to do to protect others, and ultimately yourself. This virus is far from over, and the more we can do to keep infection down, we come closer to keeping the hospitals running efficiently, and ending the virus. Wearing a mask does this, so why NOT do it? The argument that it goes against your civil rights and liberties is, frankly, just stupid. We have many measures as a society that protect the well-being of others that people employ daily with no thought of civil liberty violation. Just be kind, wear your mask when in public and go without at home. It's really very simple. 06/01/2020 11:35 am
Kristine Disney 3940 Balsam St Wheat Ridge, 80033 I think it is in the best interests of our community to extend the mask order until there is a definite steady drop in Covid-19 cases and deaths in Colorado. It isn't just Wheat Ridge residents who shop in our community and could be spreading the virus. Protect each other. 06/01/2020 12:19 pm Milly Nadler 4710 Reed Street Wheat Ridge, 80033 I would like to see the policy requiring masks continue. It helps achieve what we all want which is businesses to reopen safely and people be able to move about. Because masks protect others and not ourselves this is why it is important. Otherwise it limits the ability of many in our community to go out. Our residents and employees will be more protected as there are still no treatments or vaccines available yet for covid. Thank you. 06/01/2020 11:56 am Madelaine deVan 3304 Zephyr Ct. Wheat Ridge, 80033
CITIZENS RIGHT TO SPEAK
No one came forward to speak. DECISIONS, RESOLUTIONS AND MOTIONS
1. Resolution 30-2020 - a resolution of the Wheat Ridge City Council, Resolution No. 30-2020, a resolution of the Wheat Ridge City Council extending the previous Resolution1 regarding the requirement for the wearing of face coverings in critical businesses with the following amendment(s):
a. In section 1A, change the word Order to "requested"
b. In section1B, change June 14 to "June 22nd at midnight local time" c. And change to the "4th amended public health order” and change to "all businesses".
Amendment to the main motion (see below)
1 Resolution 26-2020, passed April 27, 2020, which expired May 30, 2020.
City Council Minutes June 1, 2020 page 4
d. Add Section 1E, stating that City recommends that businesses post a sign regarding the recommended wearing of masks.
Discussion began at approximately 8:32 pm, approximately 5 minutes into the
recording.
Councilmember Hoppe introduced item 1.
City Council approved a resolution on April 27, 2020 (Resolution 26-2020) ordering customers of “critical businesses,” as defined by the Colorado Department of Public
Health and Environment (CDPHE), to wear face coverings. That order expired on May
30, 2020. At the study session on May 18th, consensus was reached to include a resolution extending the order to June 14, 2020 on the June 1st business meeting to receive citizen input and for further City Council discussion.
Staff Presentation
Mr. Goff introduced Mr. Dahl, who explained the legal details and public policy
developments at the county and state levels since the Council last acted on this matter. For instance, now many kinds of non-critical businesses can partially open under state Executive Orders.
Public Comment
Jay Kenney, businessowner and cidermaker, 4965 Iris St, called to support the
resolution to extend the wearing of masks when the public visits businesses. He is concerned that without this resolution people who are infected but asymptomatic will spread the virus to others.
Council Questions
Councilmember Weaver spoke in favor of continuing the mask order, based on the risk
to seniors (including a family member for whom she provides care) and the general public. She acknowledged that bars and restaurants present a particularly difficult challenge.
Councilmember Hoppe asked a question regarding the difference between requiring
employees to wear masks vs. customers wearing masks. Employees must wear masks
under the Executive Orders and public health emergency orders; businesses may require citizens to wear masks in order to enter their premises and deny entry to those who will not wear face coverings.
She also asked whether masks are required for patrons in restaurants unless they are
seated at their tables eating and drinking. The answer was yes.
Mr. Dahl explained that the previous Resolution has expired; any action tonight would be a new resolution.
Councilmember Dozeman expressed concerns about confusing the public and created a reputation that Wheat Ridge is too stringent, and that perception is hurting our
businesses. Right now the public thinks masks are required. She wants any new
action by Council to be communicated clearly and specifically about masks. She also believes that the onus should be on businessowners and the public to comply and it should be voluntary, not mandatory.
City Council Minutes June 1, 2020 page 5
Councilmember Stites noted that the County and the CDC recommend masks be worn in public. However, he wants any action to be clear, specific and time limited.
Councilmember Nosler Beck wants those clear communications to strongly recommend
that people wear masks, even if it is voluntary. She does not want the communication to appear to say we have created a “free for all.”
Councilmember Hultin asked how other municipalities have handled and are currently handling the mask requirements.
Councilmember Urban noted that the professionals at the Jefferson County Department
of Public Health are the experts upon whom we should rely. He believes that this resolution considered tonight should strongly encourage but not require masks. He also thinks businessowners should be allowed to enforce masks rules based on their individual operations and the type of business.
Councilmember Hutchinson noted that citizens who have spoken with her have praised
Wheat Ridge for taking a stance fostering masks, especially in businesses to protect staff and other customers. She has seen many businesses that will not admit people who do not want to enter wearing a mask.
Councilmember Nosler Beck supports moving forward with language that makes a
recommendation, not a requirement, to wear masks in businesses. There are
resources available from CDPHE that help inform people how to protect themselves and their employees. She also supports setting a date near the end of June for this resolution to expire.
Councilmember Stites endorsed Councilmember Hutchinson’s positions.
Councilmember Hultin suggested that it might be in order to require businesses to post
signs about wearing masks (or not) when entering their premises. Mr. Goff reported that the City is distributing mask signs already to local businesses. It may be impractical to require the signs, due to enforcement.
Motion by Councilmember Hoppe, seconded by Councilmember Urban;
1. Resolution 30-2020 - a resolution of the Wheat Ridge City Council “I move to
approve Resolution No. 30-2020, a resolution of the Wheat Ridge City Council extending the requirement for the wearing of face coverings in critical businesses with the following amendment(s):
a. In section 1A, change the word Order to "requested"
b. In section1B, change June 14 to "June 22nd at midnight local time"
c. And change to the "4th amended public health order” and change to "all businesses".
Amendment to the main motion (see below)
d. Add Section 1E, stating that the City recommends that businesses post a
sign regarding the recommended wearing of masks.
The amended motion carried (see below for the vote on the Amendment) 6-2 with Councilmembers Stites and Dozeman voting no.
City Council Minutes June 1, 2020 page 6
Amendment. Councilmember Hultin moved to amend the motion by adding a new, Section 1, letter E, stating that City recommends that businesses post a sign regarding
the recommended wearing of masks. Seconded by Councilmember Weaver.
Amendment passed 6-2, with Councilmembers Stites and Dozeman voting no.
Councilmember Dozeman asked how we will communicate the change from required to recommended masks. Mr. Goff replied that the messaging through all the City’s channels will reflect the change as soon as tomorrow morning.
Councilmember Weaver expressed her deep concern that we are still in a pandemic
and the discomfort of wearing a mask is minor compared to the disease.
CITY MANAGER’S MATTERS
None.
CITY ATTORNEY’S MATTERS
None.
ELECTED OFFICIALS’ MATTERS
Councilmember Dozeman commented on the death of George Floyd, a citizen in Minneapolis who was murdered by a police officer, and the ongoing protests across the country. She wants to ensure that we listen to the communities of color and honor their
outrage.
She also sent kudos to Chief Murtha and our police officers and command staff for their amazing professionalism.
The Mayor thanks the staff for pulling this special session together, and for their ongoing excellent work.
Wash your hands, be safe and take care of one another, he concluded.
ADJOURNMENT The meeting adjourned at 9:52 pm. _____________________________
Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON June 8, 2020
______________________________
Janeece Hoppe, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions.
STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue June 1, 2020
Mayor Bud Starker called the Study Session to order at 6:30 p.m.
This meeting was conducted as a VIRTUAL MEETING. No members of the Council or City
staff were physically present at the Municipal building for this meeting; the public did not attend
in person.
Mayor Starker welcomed the Council, other elected officials, staff and interested citizens.
The Mayor also explained the virtual meeting format, how citizens will have the opportunity to
be heard, and the procedures and policies to be followed.
Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece Hoppe,
Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman.
Also present: City Attorney, Jerry Dahl; City Clerk, Steve Kirkpatrick; City Manager, Patrick
Goff; Community Development Director, Ken Johnstone; Director of Administration Allison
Scheck; Economic Development Director, Steve Art; Marianne Schilling, Assistant to the City
Manager; Lauren Mikulak, Director of Planning; Stephanie Stevens, Senior Planner; guests
including Artspace Consulting Vice-President Teri Deaver and interested citizens.
Citizen Comment on Agenda Items –
No one asked to speak.
Mayor asked if there was anyone who had not spoken regardless of their last name. No one
else came forth.
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to
1,000 words on any Council agenda item. The deadline for citizens to submit
comments is 12:00 Noon Mountain Time on the day of a Council session so that
Council members, other elected officials and City Staff have time to review the
comments before the meeting on Monday evening. The City Clerk’s Office transcribes
those Wheat Ridge Speaks comments into these minutes, placing each comment along
with the record for that agenda item, including items that include a public hearing
(verbatim, if the comments do not contain lascivious language or unlawful hate speech).
The following appeared on Wheat Ridge Speaks for this Council Study Session:
Item 1 - ArtSpace I know this is a study session item but would put my voice out there to say no monies and no projects should be contemplated or brought about by the City of Wheat Ridge until the City knows what monies are
being used from the budget or grants for this time of the virus and how the virus has affected monies coming in to the city accounts. This is not a time to be spending any money and using up resources. No money in, then no money out. This is a want and not a need. Thank you for being more fiscally responsible than needed at any other time. 06/01/2020 10:13 am
Vivian Vos
6920 W 47 place Wheat Ridge, 80033
Item 3 – Land Exchange at Stites Park I would like to have the City make sure there is a way for the trees, if still viable, to be left alone along this property line. Thank you 06/01/2020 10:13 am Vivian Vos 6920 W 47 place Wheat Ridge, 80033
End of comments entered in Wheat Ridge Speaks for this Council session.
1. Artspace Feasibility Study update
Discussion began at 6:32 pm, approximately 0:02 minutes into the recording of the session
In February 2020, Artspace Consulting arrived in Wheat Ridge for an on-site visit as part of its
research in developing a Preliminary Feasibility Report. This visit included a site tour of Wheat
Ridge, several focus groups and a public meeting.
Staff (Marianne Schilling) and ArtSpace Consulting Vice-President delivered to Council a
detailed presentation about this item, its purpose and the background of the reasons for
bringing it to Council. They also discussed the Preliminary Feasibility Report.
Councilmembers had questions and comments about how this program might benefit Wheat
Ridge. There was also a discussion of funding, especially considering the current pandemic’s
effects on the city budget, and about next steps.
A lengthy discussion followed, addressing the role of our current Cultural Arts Commission,
possible project locations and leveraging existing artistic efforts in Wheat Ridge (including
gardening as an art form) to compliment a potential ArtSpace project.
2. Parks fee-in-lieu of land dedication requirements
Discussion began at 7:20 pm, approximately :50 minutes into the recording of the session
In 2014, City Council adopted Ordinance 1547 and Resolution 34, Series 2014 which revised
the City’s subdivision regulations to set forth consistent and defensible parkland dedication
requirements and to establish fees in lieu. The ordinance requires payment to be made at the
time a plat is recorded for new subdivisions. Subdivisions are often times established far
before development occurs, and fees may not be reflective of the current market at time of
development. Having implemented the parkland dedication requirements for over five years
now, staff has reviewed the fee structure and procedure and is recommending minor updates.
Ken Johnstone and Stephanie Stevens delivered to Council a detailed presentation about this
item, its purpose and the background of the reasons for bringing it to Council.
Councilmembers had questions and comments.
Council reached a consensus, proposed by Councilmember Hoppe, to proceed with amending
the subdivision regulations to require payment of fees in lieu of parkland dedication to be made
prior to building permit issuance for all development, including new subdivisions.
Secondarily, staff is seeking direction from City Council whether they would like to consider at
some point in the future a City Council resolution that would update the figure used for
residential land valuation, based on more recent “comps.”
Councilmember Hoppe sought and received a consensus to proceed with this item as well.
3. Potential land exchange at Stites Park
Discussion began at 7:36 pm, approximately 1:06 into the recording of the session
Stites Park is located at the northwest corner of W. 29th Avenue and Newland Street. The
adjacent property at 6675 W. 29th Avenue contains two parcels under one ownership in a flag
lot configuration: most of the lot is located to the west of Stites Park and a narrow 15-foot wide
pole portion extends to Newland Street.
Lauren Mikulak gave a detailed presentation about this item, its purpose and the background
of the reasons for bringing it to Council. This proposed land exchange, which would yield a net
increase of the park area of approximately 2,000 ft.2, requires a unanimous vote of Council
according to Charter and Code.
Councilmembers had questions and comments.
Council reached a consensus to move forward with the process for a land exchange of Tracts
A and B and to return to Council with an ordinance for Council action consideration.
4. Staff Report(s)
Discussion began at 7:50 pm, approximately 1:20 into the recording of the session.
The Small Business Stabilization Program is proceeding with Round 2. The program helps
local businesses get their operations re-opened, using CARES Act funding.
The Governor and Colorado Department of Public Health and Environment have announced a
plan to provide more guidance on opening facilities like gyms, recreation centers and
swimming pools. A new Executive Order from Governor Polis is expected tomorrow.
Mr. Goff asked whether Council would like to continue virtual meetings through June. A
discussion of feasibility and practicalities followed. Starting June 8th, while Council meets
virtually, staff are working to create the necessary technical capabilities so that citizens who
wish to comment or testify at a public hearing may do so virtually or may come to City Hall and
appear before Council (witnesses and Council will be able to see and hear one another live).
Further announcements will follow, perhaps as soon as the June 15th Council Study Session.
Mr. Goff announced the tentative plans for partially re-opening City Hall with limited access by
appointment beginning June 15th. Councilmember Weaver asked whether staff and visitors to
City Hall can and will be required to wear masks; Mr. Goff answered affirmatively.
Councilmember Urban gave an update on the Small Business Stabilization Program.
5. Elected Officials’ Report(s)
Discussion began at 8:12 approximately 1:42 into the recording.
Councilmember Dozeman thanked staff for their resilience, flexibility and creativity. One
business owner with whom she spoke commented that among all the governments at all
levels, the City has won his admiration and respect for our efforts during the pandemic.
Councilmember Hultin asked whether there is any need to revisit the City’s emergency
declaration. Mr. Goff answered that there is no need to do that at this time.
Councilmember Hutchinson agreed that keeping the emergency declaration in place for now
makes sense on several levels.
ADJOURNMENT TO SPECIAL MEETING
The Study Session adjourned at 8:20 pm.
APPROVED BY CITY COUNCIL ON June --, 2020.
Steve Kirkpatrick, City Clerk
Janeece Hoppe, Mayor Pro Tem
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 8, 2020
Note: This meeting was held virtually, using Zoom video-teleconferencing technology.
As duly announced and publicly noticed, Council previously approved this format in
order to continue with normal business and respond to the CoVid-19 Pandemic and the
related public emergency orders promulgated by the President of the United States, the
Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to
order, Mayor Starker stated the rules and procedures necessitated by this meeting
format.
Mayor Starker called the Regular City Council Meeting to order at 7: p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin
Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck
Also present: City Clerk, Steve Kirkpatrick; City Treasurer, Chris Miller; City Attorney,
Gerald Dahl; City Manager, Patrick Goff; Police Chief Christopher Murtha;
Administrative Services Director, Allison Scheck; Community Development Director,
Ken Johnstone; Brandon Altenburg and Karen O’Donnell of Parks and Recreation, other
staff, guests and interested citizens.
PROCLAMATIONS AND CEREMONIES
Wheat Ridge Safety Month June 2020 – The Mayor read the proclamation, focused
upon safety in the workplace and the community. He introduced Allison Scheck,
Administrative Services Director, Chair of our local safety committee, which strives to
foster safety through training, public education and cooperation with other safety
organizations and efforts.
APPROVAL OF MINUTES
Study Session Notes for April 6, 2020; April 20, 2020; May 4, 2020 and May 18, 2020.
Council Minutes of April 13, 2020; and May 11, 2020.
Minutes were approved without objection as submitted.
APPROVAL OF AGENDA
Approved without objection or changes.
City Council Minutes June 8, 2020 page 2
CITIZENS’ RIGHT TO SPEAK
Kate Cook, with LocalWorks Wheat Ridge, called to update the Mayor and Council on
the agency’s work, and changes made necessary in response to CoVid-19. She also
announced several upcoming events over the summer. (Details available on the
LocalWorks website.)
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to
1,000 words on any Council agenda item. The deadline for citizens to submit comments
is 12:00 Noon Mountain Time on the day of a Council session so that Council members,
other elected officials and City Staff have time to review the comments before the
meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these
minutes, placing each comment along with the record for that agenda item, including
items that include a public hearing (verbatim, if the comments do not contain lascivious
language or unlawful hate speech).
The following comments appeared in Wheat Ridge Speaks for this Special Council
Meeting:
I'd like to suggest future topics for City Council study sessions. Several months ago
(pre-pandemic) the City was in the process of hiring a planning staff employee to work
closely with residents of neighborhoods undergoing zoning changes, changes of use
and other development considerations. Has this position been filled? If so, would it be
possible to introduce this employee at an upcoming study session in order to discuss
what the position's job duties are, how the position is supervised, how Wheat Ridge
citizens can contact this person, and for what types of help this position offers?
I also remember that a new, part-time position to work with the Wheat Ridge homeless,
and to coordinate homeless outreach with other Jeffco communities, was in process to
be developed. Has this position been filled? If so, would City Council introduce this
employee to Wheat Ridge citizens, and discuss, in some detail, what duties the position
performs, how this position interfaces with other Jeffco entities, what types of outreach
to the homeless it provides, and whether there are any future plans regarding long-
range homeless solutions.
06/08/2020 10:21 am
Kathryn M Havens
7060 West 39th Ave Wheat Ridge, 80033
Item 2 – Zoning Variance at Clear Creek Crossing
Please put a permanent wall where the temporary wall is on Clear Creek Dr. between
Denny’s and La Quinta. We have many young families with very young children in the
neighborhood. They play outside and some ride their bikes on 33rd. The hole in the wall
City Council Minutes June 8, 2020 page 3
leading directly to an I70 access and entrance ramp is asking for a child to be hurt or
even killed.
06/08/2020 2:45 am
Shirley M Coen
13146 W 33rd Ave Golden, 80401
I am in support of amending the height density requirement for hospital campus use
only in the Clear Creek Crossing redevelopment. SCL Health Lutheran Hospital
continues to provide top-notch care for our community and surrounding area. Their
decision to purchase the parcel in the new development aligns with their values:
- Caring Spirit - We honor the sacred dignity of each person.
- Excellence - We set and surpass high standards.
- Good Humor - We create joyful and welcoming environments.
- Integrity - We do the right thing with openness and pride.
- Safety - We deliver care that seeks to eliminate all harm for patients and associates. -
Stewardship - We are accountable for the resources entrusted to us.
By allowing the rooftop helipad in the structure, the hospital can house needed critical
care, such as surgery and Cath Lab procedures with faster access, while maintaining
the originally proposed footprint. The rooftop helipad also keeps the neighborhood noise
quieter and fewer emergency vehicles traffic - benefits for neighboring residents.
I value Lutheran Hospital's effort in continuing to provide the best care possible, while
being a good steward to the resources they have.
Maki DeLaet,
Wheat Ridge Resident, local business owner
06/08/2020 11:17 am
Maki DeLaet
11830 W. 35th Ave. Wheat Ridge, 80033
End of comments entered in Wheat Ridge Speaks for this Council session.
1. CONSENT AGENDA
a. Resolution No. 31-2020 – a resolution amending the fiscal year 2020 General
Fund budget to reflect the approval of a supplemental budget appropriation in
the amount of $1,231,571 for the purpose of accepting the CARES Act local
Government distribution from Jefferson County
b. Motion to approve payment to Bank of Oklahoma for 2020 principal and
interest payments in the amount of $3,499,700 for the City of Wheat Ridge,
Colorado Sales and Use Tax Revenue Bonds, Series 2017A
City Council Minutes June 8, 2020 page 4
Motion by Councilmember Hoppe to approve both items on the Consent Agenda.
Seconded by Councilmember Urban; after due deliberation the motion passed 8-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 10-2020 – An Ordinance approving an amendment to the
existing Planned Mixed-Use Development (PMUD) zoning to increase the
allowable height for hospital uses at Clear Creek Crossing, generally located
west of I-70, south of Hwy 58, and north of 32nd Avenue
Councilmember Stites introduced Council Bill 10-2020.
The Mayor opened the public hearing.
Mr. Goff introduced Mr. Dahl, who explained why this public hearing must be continued
to the next Council meeting.
The Mayor announced that the public hearing is being continued and will reconvene on
June 22, 2020 at 7:00 PM during the next (virtual) Council Meeting because a properly
filed protest automatically postponed this item to the next regularly scheduled Council
meeting, per Charter and Code.
Mr. Dahl explained that a motion/vote by Council is unnecessary to continue this item.
DECISIONS, RESOLUTIONS AND MOTIONS
3. Resolution No. 33-2020 – a resolution of the Wheat Ridge City Council declaring
that the City of Wheat Ridge is essential and urging Congress to allocate fair,
federal emergency support to reopen and rebuild local American economies
Councilmember Dozeman introduced Resolution 33-2020.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law
on March 27, 2020. This $2.3 trillion economic relief package provides economic
assistance for American workers and families, small businesses, and preserves jobs for
American industries. The CARES Act established the $150 billion Coronavirus Relief
Fund to provide payments to State, Local and Tribal governments navigating the impact
of the COVID-19 outbreak.
Only local governments with populations that exceed 500,000 are eligible to receive
direct payments from the Relief Fund. Jefferson County’s population exceeds 500,000
and the County received approximately $101 million in funding, a portion of which the
County desires to share with municipalities in Jefferson County. This IGA outlines the
obligations of the City of Wheat Ridge in receiving these funds.
Staff Presentation
Mr. Goff explained the reasons why the Council is asked to pass this resolution.
Councilmember Hoppe further explained that this resolution sends an important
message to our Colorado Congressional Delegation.
City Council Minutes June 8, 2020 page 5
Public Comment
No one came forward to speak.
Council Questions
There were none.
Motion by Councilmember Dozeman to approve Resolution 33-2020, a resolution of the
Wheat Ridge City Council declaring that the City of Wheat Ridge is essential and urging
Congress to allocate fair, federal emergency support to reopen and rebuild local
American economies, seconded by Councilmember Hoppe; motion carried 8-0.
4. Resolution No. 34-2020 – A Resolution amending the 2020 Open Space Budget
to reflect the approval of a supplemental budget appropriation in the amount of
$120,000 to accept a grant from Great Outdoors Colorado in the amount of
$110,000 and a contribution from the Kullerstrand Elementary School PTA in the
amount of $10,000 for the purposes of approving proposals from Triple-M
Recreation to replace playgrounds at Kullerstrand Elementary School in the
amount of $153,977.66 and Bonnie’s Park in the amount of $42,181.08.
Councilmember Weaver introduced Resolution 34-2020.
Staff Presentation
Karen O’Donnell, Director of Parks and Recreation, introduced Brandon Altenberg, who
has worked on this project from its beginnings. He explained the reasons for this
resolution.
Public Comment
No one came forward to speak.
Council Questions
Councilmember Hultin thanked the staff for its work on this extraordinary project.
Councilmember Stites lauded staff for their hard work on this project, which finally
provides a playground for Kullerstrand.
Councilmember Hutchinson also thanked staff and expressed her support.
Motion by Councilmember Weaver to approve Resolution 34-2020, a resolution
amending the 2020 Open Space Budget to reflect the approval of a supplemental
budget appropriation in the amount of $120,000 to accept a grant from Great Outdoors
Colorado in the amount of $110,000 and a contribution from the Kullerstrand
Elementary School PTA in the amount of $10,000 for the purposes of approving
proposals from Triple-M Recreation to replace playgrounds at Kullerstrand Elementary
School in the amount of $153,977.66 and Bonnie’s Park in the amount of $42,181.08,
seconded by Councilmember Stites; motion carried 8-0
City Council Minutes June 8, 2020 page 6
5. Resolution No. 32-2020 – A Resolution of the Wheat Ridge City Council
permitting new liquor license applicants, during declared emergencies, to satisfy
the needs and desires requirement in multiple ways.
Councilmember Urban introduced Resolution 32-2020.
Staff Presentation
Mr. Rivera, counsel to the Liquor Authority Board, explained why this leeway is
necessary to move new liquor license applications forward during the CoVid-19
pandemic. During the pandemic the usual practice of conducting door to door surveys
to satisfy the statutory requirement to establish Needs and Desires is impractical. This
resolution temporarily allows other means to establish Needs and Desires, as allowed
by Colorado statutes.
Public Comment
No one came forward to speak.
Council Questions
Councilmembers asked to confirm that this resolution is temporary, and how the
temporary change will end (when Council ends the declared public emergency period).
Motion by Councilmember Urban to approve Resolution 32-2020, a resolution of the
Wheat Ridge City Council permitting new liquor license applicants, during declared
emergencies, to satisfy the needs and desires requirement in multiple ways, seconded
by Councilmember Hoppe; motion carried 8-0
CITY MANAGER’S MATTERS
Mr. Goff spoke about the homeless navigator position approved by Council in the 2020
budget. He explained why this position has been so difficult to fill; it’s part-time. He is
working with Golden and Arvada to share the cost of one, full-time employee for all
three cities. He has approved an exception to the hiring freeze for this critical position.
The Wheat Ridge Police Advisory Committee will hold a virtual dialogue with the
community about our policing policies. This will also be an opportunity for the new Chief
of Police, Chris Murtha, to begin meeting city residents. The session will be recorded
for future use.
Councilmember Hultin announced that citizens who have questions for the forum
tomorrow evening can submit those via email up to noon Tuesday, June 9th.
CITY ATTORNEY’S MATTERS
Nothing tonight.
City Council Minutes June 8, 2020 page 7
ELECTED OFFICIALS’ MATTERS
City Clerk Steve Kirkpatrick reviewed the protests received today regarding the zoning
variance ordinance for Clear Creek Crossing. All of them appear to have come from
citizens who are non-residents of Wheat Ridge. Statutory and case law allow these
non-residents to file their protests.
Kirkpatrick also acknowledged the current public policy dialogue with respect to policing
policies and excessive use of force. While we have this essential and overdue
discussion, he urged people to remember that the vast majority of sworn officers are
dedicated professionals, and right now our Wheat Ridge Police Officers and staff need
to hear from citizens that we appreciate their service to the community and protection of
life and property.
City Treasurer Chris Miller foreshadowed forthcoming financial information he will
submit to Council.
Councilmember Hoppe announced that Council will be hearing from the Community
engagement specialist next week during the June 15th Study Session.
Councilmember Nosler Beck thanked staff for their work on technical issues with her
email and asked for continued forbearance. She also thanked those who wear their
masks in public.
Councilmember Dozeman asked for Council and Mayor’s support to run for a position
on the Colorado Municipal League Board of Directors. Councilmember Hoppe asked
for consensus to support Councilmember Dozeman, and the consensus was
unanimous, including Mayor Starker.
Councilmember Weaver announced that her goats will be back in the meadow in July.
Councilmember Hultin shared that she is excited by the issues of the times and
welcomes the long-overdue discussion. We need to be listening to our citizens. She
announced a Community Listening Forum on June 16th; more details will appear on the
City’s website quickly, by Wednesday at the latest.
She also thanked the citizens for wearing the masks in public.
Councilmember Urban echoed City Clerk Kirkpatrick’s call to thank the Wheat Ridge
Police Department for their service and protection.
Councilmember Urban also reported that 111 businesses applied for grants through the
second round of grants under the Business Stabilization Program. Decisions on grants
will come soon.
Councilmember Hutchinson echoed Kirkpatrick’s thanks to the police force and urged
people to be careful during this period of high fire danger.
City Council Minutes June 8, 2020 page 8
Councilmember Hoppe reminded Council that we will discuss the homeless navigator
position at next week’s Study Session. She also asked about a temporary wall at Clear
Creek Crossing, and Mr. Goff agreed to find more information and report to Council.
Mayor Starker thanked Kate Cook from LocalWorks for her presentation and hard work
on behalf of Wheat Ridge. He thanked Ms. O’Donnell and Mr. Altenburg for their work
on the Kullerstrand playground project.
He asked people to please join and participate in the community forum with the Police
Chief tomorrow.
He also acknowledged the long-standing work and contributions to the City from Don
Seyfer, who passed away recently. Mr. Syefer’s life and contributions to the City will be
celebrated at a public event later this week, when the Mayor and other dignitaries will
recount his many volunteer efforts on behalf of the City and our residents.
ADJOURNMENT
The meeting adjourned at 7:57 pm.
_____________________________ Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON June 22, 2020
______________________________
Janeece Hoppe, Mayor Pro Tem
The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the
City Clerk’s Office, as well as copies of Ordinances and Resolutions.
STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO
City Council Chambers 7500 W. 29th Avenue June 15, 2020
Mayor Bud Starker called the Study Session to order at 6:31 p.m.
This meeting was conducted as a VIRTUAL MEETING.
No members of the Council or City staff were physically present at the Municipal
building for this meeting; the public did not attend in person.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Councilmembers present: Amanda Weaver, Judy Hutchinson, Zach Urban, Rachel
Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman.
Also present: City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Community
Development Director, Ken Johnstone; Director of Administration Allison Scheck; Police
Chief Christopher Murtha; Director of Planning, Lauren Mikulak; Senior Neighborhood
Planner, Jeff Hirt, guests and interested citizens.
Citizen Comment on Agenda Items –
No one came forward to speak.
(The Mayor noted that there may have been citizens who could not call in because of an
outage of some cell phone providers in the area.)
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments
of up to 1,000 words on any Council agenda item. The deadline for citizens to
submit comments is 12:00 Noon Mountain Time on the day of a Council session
so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into
these minutes, placing each comment along with the record for that agenda item,
including items that include a public hearing (verbatim, if the comments do not
contain lascivious language or unlawful hate speech).
All citizen comments for this study session regarded Item 1 on the Agenda, and
those comments appear below in the section for Item 1.
Re: Neighborhood Revitalization Strategy Engagement Implementation
The proposed plan is well and good, but it isn't enough. Even if everything proceeds as
hoped, it will take time to show results. Meanwhile, many of us have already made our
feelings known, most obviously during the last election when we decisively turned down
a proposed high density development. The City Council needs to take actions that will
prove its intent to listen. Namely, 1) Delay passing any ordinance that is likely to irritate
a significant portion of the neighborhood.
• Respect the rights of neighborhood residents and property owners. We need the
opportunity to provide meaningful input during the decision making process. True, the
developers have made an investment in property, but so have all of the property owners
in that neighborhood. It's more important to listen to the residents than to a developer.
• Acknowledge that it is virtually impossible for residents to collect the necessary
signatures in the stipulated time under the present 'safer at home' conditions. The usual
process would put all of the petition carriers at risk, and would be a health risk for the
residents as well.
• City Council has already acknowledged the petition problem with respect to liquor
licenses, the same courtesy needs to be extended to citizens.
• Show respect for residents by not passing any ordinances that involve a zone change
while Coronavirus safeguards are in effect.
2) Take actions that prove citizens have been heard.
We've spoken at City Council meetings, we've written letters, we've had a successful
referendum, and yet as far as we can tell, the City is ignoring us.
•. Some positive steps could be taken immediately. For instance, increase setbacks,
limit heights on infill proposals, address bulk plane concerns, require vegetation on
every site, and respect residential zones.
3) For every proposal that comes before City Council, there needs to be feedback from
a minimum number of neighbors. (That number would depend on the potential impact of
the project.)
• Instead of passively waiting for citizen input, it's the responsibility of the City to reach
out to people, making sure that they're aware of what's being proposed.
I look forward to hearing your thoughts on these matters.
Thank you.
06/15/2020 10:18 am
Judy Capra
7070 W 43rd Ave
Wheat Ridge, 80033
I am pleased to learn that the Wheat Ridge Neighborhood Revitalization Study (NRS) is
about to move forward and am hopeful that the City and its planning staff meeting with
individual neighborhoods will provide a road map for future (and current) re-
development within our city.
There are several current, in-progress re-zoning and re-development projects that have
many of our City's residents concerned, namely the re-zoning at 38th Avenue and
Kipling from Residential to a Planned Residential Development (PRD), and changes to
height restrictions at Clear Creek Crossing to enable SCL-Lutheran Medical Center to
build a rooftop helipad and to allow for higher ceilings within the hospital's complex.
Since the City is beginning its NRS project, I would like to see both of these projects
opened for consideration by the NRS staff and neighborhood participants. Doing this
would disallow any thought that these projects are being rushed through City Council,
during the current pandemic, in order to avoid either NRS consideration or a
referendum.
I have often heard, at City Council and Planning Commission meetings, that rezoning
decisions must be accomplished expeditiously in order to accommodate contractors'
schedules, or the current real estate market, or the hiring of sub-contractors. However, I
think this is the time to accommodate the needs and wishes of those of us who live in
these neighborhoods. The NRS project seems designed to do just that.
I do not understand why a developer, or a hospital board, or any other real estate
purchaser, would buy property to develop before the zoning necessary for the
developer's use is determined, and yet that happens over and over here in Wheat
Ridge. Repeatedly we citizens hear that "if this rezoning application is denied, I won't be
able to utilize my property." Or, the "only profitable way to utilize this property is by
building high density, attached housing." If property is purchased for a use other than for
what it is zoned, then the purchaser takes a chance that rezoning won't happen. The
City is under no obligation to insure that a real estate purchase is profitable to the
purchaser. I do, however, see an obligation for the City to insure that zoning rules and
regulations, codified by City Council and its citizens, and relied upon by its citizens, is
properly enforced.
In closing, let's give the new NRS a chance to do its work, starting with these mentioned
projects.
Thank you,
Kathy Havens
06/15/2020 11:32 am
Kathryn Havens
7060 West 39th Ave
Wheat Ridge, 80033
1. Neighborhood Revitalization Strategy Engagement
Implementation
Discussion began at 6:34pm, approximately 0:03 minutes into the recording of the
session.
In July 2019, City Council adopted an update to the Neighborhood Revitalization
Strategy. The original 2005 NRS set forth a work plan for the subsequent 10+ years
that the city has followed extensively, with examples noted in the 2019 NRS Update.
Similarly, the 2019 NRS Update sets forth a work plan for the next 10+ years with two
priority recommendations. The first priority recommendation is to spend 1-2 years
better understanding what issues and opportunities are most important to residents at
the neighborhood level through focused listening and engagement. The second priority
recommendation is completion of existing projects and fresh planning efforts on the
City’s primary corridors such as Wadsworth Boulevard, 38th Avenue, and 44th Avenue.
Staff (Ken Johnstone, Lauren Mikulak and Jeff Hirt) delivered to Council a detailed
presentation about this item, its purpose using a PowerPoint slide deck.
• Provide an update on the council-adopted 2019 Neighborhood Revitalization
Strategy (NRS) priority recommendation for focused neighborhood engagement;
• Introduce new Community Development Department staff hired to implement the
engagement program and provide an update on other NRS hiring
recommendations;
• Share a proposed framework for the Neighborhood Engagement Program; and
• Seek council input on a few key questions most considerably that the framework
identifies criteria that staff will use to determine sequencing of neighborhoods. Do
Councilmembers have any additional thoughts or considerations on how the city
sequences neighborhoods for focused listening and engagement?
Councilmembers had questions and comments:
• What options do we have in terms of lifting the hiring freeze for the open position
for neighborhood engagement? Staff responded that Community Development
staff are moving forward with the plan by reassigning other staff to this effort until
the funding for the position is available, given the coronavirus pandemic and it’s
still uncertain impact on City revenue and expenses.
• Looking at the overall framework, let’s be sure that we’re all speaking the same
language, using the same terms consistently, and clearly describing how the
planning and zoning processes operate.
• Inevitably this process will bring forward issues related to code enforcement,
zoning changes and other issues/complaints. Let’s make sure that those
citizens’ comments and concerns are directed to the right departments and staff
members. There need to be follow-through on each citizen’s concerns.
• We also need to include citizens’ concerns about current and near term future
planning and zoning issues as we begin a dialogue on longer-term issues.
• All of these efforts need to include public information, education and
communication about specific development proposals and sites involving
proposed zoning changes, and how people can effectively and efficiently to staff
so that staff remain informed and engaged.
• Mr. Goff reported that staff are working with LocalWorks to provide educational
and informational sessions about these planning and zoning issues and
processes.
• How will we communicate with residents who do not have or use smart devices
and computers? Mr. Hirt answered that staff will need to continue developing in-
person networks and public information processes that involve face-to-face
conversations with citizens individually and in small groups.
• Council suggested strongly that we need to have plenty of neighborhood
meetings, well publicized in advance, so that residents’ voices are heard.
• Mr. Johnstone also reviewed the tools and media available to staff and elected
officials to engage with one another as needed and to ensure widespread
collaboration.
• Our engagement strategy needs to include input from neighborhood residents,
commercial corridor interests and adjacent neighborhoods. A conversation that
focuses on a particular area within one of the designated neighborhoods often if
not usually impacts residents and businesses that may be some distance away.
• Let’s take care that we do not confuse people who believe they live in one
neighborhood but are labeled as living in a larger area also called a
neighborhood. Staff responded that perhaps we need two different terms for
“neighborhood;” one as used in the NRS and another term for more localized
common parlance (e.g. Fruitdale vs. Prospect Park).
• How will we handle the timing of certain land use processes as we plan going
forward, while we are engaging neighborhoods for their view on the ideal future?
Mr. Johnstone responded that because property owners’ also have rights these
processes will continue unless Council decides to enact a city-wide moratorium
on specific actions or changes. Perhaps the timing of certain neighborhood
revitalization activities and meetings will depend upon the level of activity and the
number of proposed projects in that specific area of the city, or adjacent areas.
• Please, explain how the decision was reached to subdivide District I into two
neighborhoods, and how those divisions will participate and plan not only within
those neighborhoods but also across the whole Council district.
2. Staff Report(s)
Discussion began at 7:40 pm, approximately 1:10 into the recording of the session.
Mr. Goff reported that a number of residents have asked specific questions about
Wheat Ridge Police Department’s policies and procedures. Chief Murtha is
enthusiastically engaged in answering their specific enquiries, a process he has long
wanted to engage in but was thwarted by the coronavirus pandemic.
Councilmember Stites asked Chief Murtha how the Police Department would respond to
a riot or looting situation. The Chief answered that each situation has to be thoughtfully
considered and the response measured so that it improves conditions, not make them
worse.
Chief Murtha also indicated that he will make those decisions in consultation with other
city leaders, among both staff and elected officials. Generally he takes a softer
approach to some situations than other jurisdictions, up to the point where there are
significant risks to property, citizen safety and human life. Evidence-based best
practices show that establishing a riot control line facing peaceful demonstrators rarely
has as much positive effect as other approaches, including walking among the
assembled citizens and speaking with them, sans riot gear, helmets, etc.
Chief Murtha thanked the City leaders for their support and for engaging with him to
respond to residents.
3. Elected Officials’ Report(s)
Councilmember Urban reported that the committee reviewing applications in the Small
Business Revitalization Program met today and plans to announce decisions in the next
few days.
Councilmember Hultin reminded people that she and Councilmember Dozeman are
holding a community forum tomorrow evening, in a virtual format. Councilmember
Dozeman commented that she is looking forward to listening to residents and their
concerns to improve connections between the citizens and our government.
Councilmember Nosler Beck thanked Chief Murtha for joining her for in person, virtual
discussions with residents, to listen and to respond to concerns.
The Mayor thanked the Community Development staff for their report this evening.
If you have not completed your 2020 Census questionnaire, please, do so.
ADJOURNMENT
The Study Session adjourned at 7:56 pm.
APPROVED BY CITY COUNCIL ON June 22, 2020.
Steve Kirkpatrick, City Clerk
Janeece Hoppe, Mayor Pro Tem
ITEM NO: DATE: June 22, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 10-2020 – AN ORDINANCE APPROVING AN AMENDMENT TO THE EXISTING PLANNED MIXED USE DEVELOPMENT (PMUD) ZONING TO INCREASE THE ALLOWABLE HEIGHT FOR HOSPITAL USES AT CLEAR CREEK CROSSING (CASE NO. WZ-19-10)
PUBLIC HEARING ORDINANCES FOR 1ST READING (05/11/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/22/2020)
RESOLUTIONS (continued from 6/08/2020)
QUASI-JUDICIAL: YES NO
_______________________________ ______________________
Community Development Director City Manager
ISSUE: The applicant is requesting to modify the underlying zoning to increase the allowable height for
hospital uses. A hospital is already a permitted use in the existing zoning, and the existing
zoning also contemplated six-story employment uses. However, a hospital built to six stories requires an additional 12 feet of height to meet design requirements and current building codes. The applicant is also seeking a limited additional height allowance to accommodate a rooftop elevator associated with a helipad. This hearing was opened but automatically continued on
June 8 due to receipt of a legal protest.
PRIOR ACTION: Planning Commission heard the request at a public hearing on February 20, 2020, and recommended approval. The Planning Division staff report and draft meeting minutes are
attached.
This request was originally scheduled to be heard at public hearing on April 13, 2020, however, it was determined that the newspaper component of the required public hearing notification was not properly completed when—due to COVID-19—the hearing was changed from an in-person
to virtual format. The hearing was continued to April 27, when it was postponed indefinitely based on concerns related to the duration of the notification. A new ordinance for this request
1
Council Action Form – CCC ODP Height Amendment
June 22, 2020
Page 2 was introduced on May 11 setting the public hearing for a June 8 virtual meeting. On June 8, a
protest was received and validated resulting in an automatic continuation of the public hearing to
June 22. An analysis of the protest is attached. FINANCIAL IMPACT: Fees in the amount of $1,079 were collected for the review and processing of Case No. WZ-19-
10. If the development advances, next steps would include a Specific Development Plan and
building permits, and review fees as well as use tax would be paid as part of those processes. BACKGROUND: The applicant is requesting to modify the underlying zoning to increase the allowable height for
hospital uses. The property is zoned Planned Mixed Use Development (PMUD) and more
specifically is subject to the Clear Creek Crossing Outlined Development Plan (ODP) and Design Pattern Book (DPB) which were approved by City Council in 2018 (Case No. WZ-16-07).
This request seeks to modify the maximum height standards only for a portion of the property
(Planning Area 1 only). Per Section 26-307 of the municipal code, any change to a development parameter within a planned development is processed the same as the original approval, meaning this request requires review at public hearings before Planning Commission and City Council.
Existing Conditions
The subject property is commonly known as Clear Creek Crossing, and is located west of Interstate 70, south of Highway 58, and north of 32nd Avenue. Properties surrounding Clear Creek Crossing have a variety of land uses and zoning designations. Within Wheat Ridge, that includes Clear Creek Trail and the Coors water storage facilities; the Applewood Golf Course
and a large-lot single-family neighborhood are adjacent to the site but outside the City boundary.
In total Clear Creek Crossing is approximately 110 acres in size, and Planning Area 1 (PA 1) comprises approximately 25 acres of the site. In the approved zoning documents, PA 1 is proposed to have a major employer. The applicant, SCL Health, purchased the land in 2018 and
has started preliminary site planning. That effort has resulted in this request for increased height.
Proposed Height Amendment SCL Health is seeking to construct a medical campus in Planning Area (PA) 1 including a hospital building that is six (6) stories in height. Additionally they are requesting an allowance
for a rooftop elevator and other auxiliary structures associated with a rooftop helipad.
Under current zoning standards, the maximum permitted height in PA 1 is 90 feet for “primary employment uses;” this generally accommodates a six-story office building. While a hospital is a permitted use in PA 1, the current zoning does not specifically contemplate a different height
standard for a hospital use. The proposed amendment would modify the maximum building
height in PA 1 by adding two new categories to the maximum height standards; those proposed categories are shown in red in the table below.
Council Action Form – CCC ODP Height Amendment
June 22, 2020
Page 3
Maximum Building Height in PA 1
(black text shows existing height standards, red text denotes the two categories proposed by this request)
Commercial / Retail / Other Single Commercial Uses: 62’ – 0”
Residential Uses: 65’ – 0”
Primary Employment Uses: 90’ – 0”
Mixed Use (Defined as Vertical Integration of Uses): 90’ – 0”
Hospitals: 102’ – 0”
Elevators and Entry Vestibules for Access to Rooftop
Helipads on Hospitals: 135’ – 0” (limited to a maximum area of 2,500 sf)
There are no other changes to the zoning or to the ODP or DPB documents. The proposed amendment is written as narrowly as possible so as not to increase the maximum height of other
land uses or functions. The 102-foot height limit would accommodate the design requirements
and building codes for a six-story hospital. The additional height for the elevator and vestibule is limited in size to the smallest possible footprint of 2,500 square feet—likely a small portion of the overall roof. If the request is approved, specific building and site design would be subject to review by staff and the Planning Commission in a Specific Development Plan application.
The applicant’s letter of request as well as a complete analysis of the zone change criteria is enclosed for review as part of the Planning Division Staff Report. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes
place on second reading. The same Charter section also requires that approval of the ordinance will require three-fourths vote of the entire council based on the receipt of a valid protest. This means that approval will require six (6) affirmative votes. Per City Code, the City Council shall use the criteria in Section 26-303 of the code to evaluate
the applicant’s request for a zone change. A detailed Planning Commission staff report is
enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is ultimately recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill No. 10-2020, an ordinance approving an amendment to the existing Planned Mixed Use Development (PMUD) zoning to increase the allowable height for hospital uses at Clear Creek Crossing, on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a
proper public hearing.
Council Action Form – CCC ODP Height Amendment
June 22, 2020
Page 4 2. The proposed rezoning has been reviewed by the Community Development Department,
which has forwarded its recommendation of approval.
3. The proposed rezoning has been found to comply with the criteria for review in Section 26-603 of the Code of Laws. Or,
“I move to deny Council Bill No. 10-2020, an ordinance approving an amendment to the existing Planned Mixed Use Development (PMUD) zoning to increase the allowable height for hospital uses at Clear Creek Crossing for the following reason(s) _______________ and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next
available regular business meeting.”
REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 10-2020 2. Planning Division Staff Report
3. Planning Commission Draft Meeting Minutes
4. Written Public Comment – received thru June 12, 2020 5. Analysis of Zone Change Protest
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER STITES
COUNCIL BILL NO. 10 ORDINANCE NO. 1690 Series of 2020 TITLE: AN ORDINANCE APPROVING AN AMENDMENT TO THE
EXISTING PLANNED MIXED USE DEVELOPMENT (PMUD) ZONING TO INCREASE THE ALLOWABLE HEIGHT FOR HOSPITAL USES AT CLEAR CREEK CROSSING (CASE NO. WZ 19-10)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, SCL Health submitted a land use application for approval of an amendment to the existing Planned Mixed Use Development (PMUD) zoning for
property at Clear Creek Crossing; and,
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for the site to function as a mixed use regional destination including employment uses; and,
WHEREAS, the existing zoning allows for a hospital but does not specifically contemplate height standards for hospital uses; and,
WHEREAS, the zone change criteria support the request; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 20, 2020 and voted to recommend approval of the application, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by SCL Health for approval of an amendment to the existing Planned Mixed Use Development (PMUD) zoning at Clear Creek Crossing, and pursuant to the findings made based on testimony and evidence
presented at a public hearing before the Wheat Ridge City Council, a zone
change is approved for the following described land: CLEAR CREEK CROSSING SUBDIVISION FILING NO. 2 AND OUTLOOK AT CLEAR CREEK CROSSIGN SUBDIVISION, CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of May 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, June 8, 2020 at 7:00 o’clock p.m., as a virtual meeting, continued to Monday, June 22, 2020 at 7:00 o’clock p.m., as a virtual meeting, and
that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this 22nd day of June , 2020.
SIGNED by the Mayor on this 22nd day of June , 2020.
_________________________ Bud Starker, Mayor
ATTEST:
_________________________ Steve Kirkpatrick, City Clerk
Approved as to Form
_________________________ Gerald Dahl, City Attorney 1st publication: May 14, 2020
2nd publication: June 25, 2020
Wheat Ridge Transcript: Effective Date: July 10, 2020
Case No. WZ-19-10 / CCC Height Amendment 1
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
REVIEW DATES: February 20, 2020 (Planning Commission) / April 13, 2020 (City Council)
CASE MANAGER: Lauren Mikulak
CASE NO. & NAME: WZ-19-10 / CCC Height Amendment
ACTION REQUESTED: Request for approval of an amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing
LOCATION OF REQUEST: West of I-70 between Highway 58 and approximately 33rd Avenue
APPLICANT (S): Davis Partnership Architects, on behalf of SCL Health
OWNER (S): SCL Health and Evergreen Devco
APPROXIMATE AREA: Approximately 109 acres
PRESENT ZONING: Planned Mixed Use Development (PMUD)
COMPREHENSIVE PLAN: Mixed-Use Commercial, Regional Commercial Center
ENTER INTO RECORD: Comprehensive Plan Case File & Packet Materials Zoning Ordinance Digital Presentation
Location Map (subject site outlined in red)
ATTACHMENT 2
Case No. WZ-19-10 / CCC Height Amendment 2
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST The applicant is requesting to modify the underlying zoning to increase the allowable height for hospital uses. The property is zoned Planned Mixed Use Development (PMUD) and more specifically
is subject to the Clear Creek Crossing Outlined Development Plan (ODP) and Design Pattern Book
(DPB) which were approved by the City in 2018 (Case No. WZ-16-07). This request seeks to modify the maximum height standards only a portion of the property (Planning Area 1 only). Per Section 26-307 of the municipal code, any change to a development parameter within
a planned development is processed the same as the original approval, meaning this request requires
review at public hearings. Planning Commission will make a recommendation to City Council who is the final authority for approval. II. SURROUNDING LAND USES AND ZONING
The subject property is commonly known as Clear Creek Crossing, and is located west of Interstate 70, south of Highway 58, and north of the existing development near 32nd Avenue. Properties surrounding Clear Creek Crossing have a variety of land uses and zoning designations. To the north is Clear Creek Trail. To the northwest are Coors water storage facilities; those within Wheat Ridge are zoned Planned
Commercial Development (PCD). The Applewood Village Golf Course and a large-lot single-family
home neighborhood are located to the west and southwest in unincorporated Jefferson County (Exhibit
1, Aerial). Within Wheat Ridge, directly south of the subject property, land uses are generally highway oriented
and include a gas station, hotel, and restaurants, all zoned PCD. Interstate-70 abuts the property to the
east and across I-70 to the east is the Applewood Village shopping center with various retail/restaurant uses (Exhibit 2, Zoning Map). III. PROPERTY HISTORY & PROPOSED ZONING
Property History & Development Status Rezoning to a planned development in the City of Wheat Ridge involves a two-step process, and for the subject property, the 2018 approval of the ODP and DPB comprised the first step. These two regulatory documents establish the allowed uses and development standards for the property and
establish access configurations for vehicles, pedestrians, and bicycles. While rare in Wheat Ridge, a
design pattern book is common for developments of this size, for which formatting flexibility including photos and graphics are necessary to explain substantive development standards. The second step for development in a PMUD requires approval of Specific Development Plans (SDPs)
for each building, lot, or phase. SDPs focus on specific details of a development such as architecture,
site design, and landscaping. The Planning Commission is the final authority for approval of SDPs. In September 2019, the Commission approved the SDP for the multifamily component of the property at the north end of the site. Several other SDPs are at various stages of staff review and are expected to advance to public hearings in 2020.
Case No. WZ-19-10 / CCC Height Amendment 3
In terms of infrastructure, Denver Water completed their construction of a new 80-inch water line in 2019, and hook ramp construction is well underway. The developer is also actively constructing Clear Creek Drive and W. 40th Avenue—the two primary public streets within the development.
Planning Areas The approved zoning documents organize the subject site into eight “Planning Areas” (PAs) each with different permitted uses and development standards (Exhibit 3, Planning Areas). As the master developer, Evergreen Devco, has worked to develop the site and identify tenants for each planning
area. The purpose and use of each planning area is described below:
• PA 1: In zoning documents, this planning area is envisioned as a major employer. SCL Health (SCLH) purchased the land in 2018 and has started preliminary site planning. That effort has resulted in this request for increased height in PA 1. The request is further described below.
• PA 2: The SDP for multifamily development was approved in 2019 and vertical construction is expected to start this spring.
• PA 3: This planning area is envisioned as a walkable commercial area, and will include a mix of restaurant and retail uses across several buildings. Development of PA 3 will be phased and
will include several SDPs, one of which is currently under review.
• PA 4: This planning area is located on either side of the hook ramps and envisioned to have more highway- or auto-oriented uses. An SDP for a three-story bank/office building is currently under review for the north portion of PA 4. The south potion of PA 4 will accommodate two
tenants. One of which, a gas station, has an SDP currently under review.
• PA 5, 6, and 7: These planning areas are envisioned to have larger format land uses, such as larger retail users, entertainment uses, and hotels. There are no active SDP applications for these planning areas though they are expected in 2019.
• PA 8: This planning area abuts Clear Creek and is not developable. It includes regional drainage facilities and will remain as open space. Planning Area 1 – Height Amendment This application is a request to increase the maximum allowable height to allow development of a
medical campus on Planning Area 1. The applicant is seeking to construct a hospital building that is six (6) stories in height. Additionally they are requesting an allowance for a rooftop elevator and other auxiliary structures associated with a rooftop helipad. Under current zoning standards, the maximum permitted height in PA 1 is 90 feet for “primary
employment uses.” While hospitals are a permitted use in the ODP in PA 1, the current zoning does not specifically contemplate a different height standard for a hospital use. The proposed amendment would modify the maximum building height in PA 1 by adding two new categories to the maximum height standards; those proposed categories are shown in red in the table below. There are no other changes to the zoning or to the ODP or DPB documents. Exhibit 4 is a redline version of page 25 of the
Design Pattern Book; if the height amendment is approved, that page represents the only change to the zoning.
Case No. WZ-19-10 / CCC Height Amendment 4
Maximum Building Height in PA 1
(Black text shows existing standards; red text denotes the proposed amendment by addition of two categories.)
Commercial / Retail / Other Single Commercial Uses: 62’ – 0”
Residential Uses: 65’ – 0”
Primary Employment Uses: 90’ – 0”
Mixed Use (Defined as Vertical Integration of Uses): 90’ – 0”
Hospitals: 102’ – 0”
Elevators and Entry Vestibules for Access to Rooftop
Helipads on Hospitals: 135’ – 0” (limited to a maximum area of 2,500 sf)
The proposed amendment is written as narrowly as possible so as not to increase the maximum height or other land uses or functions. The 102-foot height limit would accommodate a six-story hospital. The
additional height for the elevator and vestibule is limited in size to the smallest possible footprint of 2,500 square feet. The applicant’s letter of request provides additional reasoning and also provides an illustration of the proposed rooftop equipment which is commonly associated with rooftop helipad functions (Exhibit 6, Applicant Submittals). IV. REVIEW CRITERIA As noted above, this amendment is processed in the same manner as the original approval, and as such is subject to the planned development review criteria outlined in Section 26-303.D. Planning Commission and City Council shall base their decision in consideration of the extent to which the
following criteria are met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area.
The change in maximum height is not expected to have a significant adverse effect on the surrounding area. The applicant has demonstrated that a rooftop helipad reduces impacts and improves safety as compared with a ground based facility (Exhibit 6, Applicant Submittals). They have also demonstrated that the increase in height for the main building will be nearly imperceptible. The additional height afforded to the elevator and vestibule will be located in the
middle of the roof to minimize visibility. Planning Area 1 is closest to the interstate and the height is not expected to have a negative effect on surrounding planning areas or existing neighborhoods southwest of the project. When originally approved, the PMUD zoning was found to add value to the property and
surrounding community by enabling a more robust, economically sustainable, and vibrant regional center. This change in height does not affect that finding. Staff concludes that this criterion has been met.
Case No. WZ-19-10 / CCC Height Amendment 5
2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions. Hospital development in Wheat Ridge is allowed only within a planned development or mixed use
zone district. The proposed height cannot be achieved through a variance and may only be
achieved through an amendment to the development standards within the existing PMUD. Staff concludes that this criterion has been met. 3. Adequate infrastructure/facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity.
The applicant and master developer are responsible for installing and upgrading infrastructure to serve the development. They have been working with the appropriate service providers, including water, sanitation, and fire districts as well as dry utility companies. The change in height will not
affect the ability for these providers to serve the property. Staff concludes that this criterion has been met. 4. At least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies or plans for the area.
The PMUD zoning is consistent with the City’s adopted plans, which have long called for a mixed used regional development on the site. The Comprehensive Plan designates this area as “mixed-use commercial” with a “regional commercial center” and employment uses.
A hospital campus meets the goals of the comprehensive plan by serving as a regional
destination and primary employment use. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City
of Wheat Ridge is in error. There is no evidence of an error with the current Planned Mixed Use Development (PMUD) zoning designation as it appears on the City zoning maps.
Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area.
The character of the area is changing as the mixed use vision of Clear Creek Crossing is being delivered. The current zoning allows for a wide range of uses in Planning Area 1. At the time
Case No. WZ-19-10 / CCC Height Amendment 6
that the PMUD zoning was approved, SCL Health was a new partner to the project and was under contract to purchase PA 1. Based on subsequent planning work, SLCH has refined their needs for PA 1 and refined their
vision for the services they are seeking to provide to the community. It is appropriate to
recognize this evolution and establish a height standard that recognizes the unique needs of a hospital use. Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan.
The zoning still achieves the mixed use vision outlined by Envision Wheat Ridge. Neither the
comprehensive plan nor the PMUD zoning, however, were detailed enough to recognize the unique needs of a hospital use. It is appropriate to recognize the use with a specific height standard.
Staff concludes that this criterion has been met.
Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING
Prior to submittal of an application for a zone change, an applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on October 23, 2019. Three (3) members of the public
attended the meeting in addition to the applicant and staff. General questions were asked about the
functionality and height of the hospital and helipad. The applicant addressed concerns regarding potential impacts and noise. A complete summary of the meeting is included in Exhibit 7, Neighborhood Meeting Notes. VI. AGENCY REFERRALS
A referral was sent to service agencies who may be affected by the change in building height. There were no concerns expressed by the City of Wheat Ridge Engineering Division, City of Wheat Ridge Building Division, West Metro Fire Protection District, or Clear Creek Crossing Architectural Control
Committee.
Another referral will be made when a Specific Development Plan are submitted in the future. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that the proposed amendment to the zoning promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that the change in height does not affect the demand on public infrastructure. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the
Case No. WZ-19-10 / CCC Height Amendment 7
Comprehensive Plan and the existing zoning. It is appropriate to amend the zoning to recognize the unique needs of a hospital use. VIII. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The zoning promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. 2. The change in height does not affect the demand on public infrastructure. 3. The amendment is consistent with the goals and objectives of the Comprehensive Plan and
purpose of underlying zoning.
4. It is appropriate to amend the zoning standards to recognize the unique needs of a hospital use.” Option B: “I move to recommend DENIAL of Case No. WZ-19-10, a request for amendment to the underlying
zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following
reasons: 1.
2. …”
Case No. WZ-19-10 / CCC Height Amendment 8
EXHIBIT 1: AERIAL
Case No. WZ-19-10 / CCC Height Amendment 9
EXHIBIT 2: ZONING MAP
Case No. WZ-19-10 / CCC Height Amendment 10
EXHIBIT 3: PLANNING AREAS
Case No. WZ-19-10 / CCC Height Amendment 11
EXHIBIT 4: DPB REDLINE
Case No. WZ-19-10 / CCC Height Amendment 12
Attached are submittals from the applicant, including:
• Cover letter
• Section view of proposed Clear Creek Crossing site
• Section and aerial view from a different hospital project illustrating prototypical rooftop
equipment
• Photosimulations showing the proposed height
EXHIBIT 5: APPLICANT SUBMITTALS
SCLHealthClearCreekCrossingCampusͲWheatRidge,Colorado
ODPAmendmentCoverLetter
January22,2020
PROJECTSUMMARY
Ownership/ApplicantInformation
Landowner/Applicant:
SistersofCharityofLeavenworthHealthSystemInc.
500EldoradoBoulevard,Suite4300
Broomfield,CO80021
Contact:BruceFong,(303)813Ͳ5130
ApplicantRepresentative
DavisPartnershipArchitects
2901BlakeStreet,Suite100
Denver,CO80205
Contact:LynnMoore,(303)308Ͳ2532orCharleyMeyer,(303)308Ͳ2623
PurposeofRequest
ThepurposeofthisrequestistoamendtheexistingClearCreekCrossingOutline
DevelopmentPlan(ODP)toallowforincreasedheighttosupporttheneedsofa
proposedhospitalfacilityonthe“PAͲ1,MillDistrict”SitewithintheoverallClear
CreekCrossingdevelopment.
Currently,theapprovedODPallowsforamaximumbuildingheightof90’onthe
property.Ourproposedefficientandeffectivehospitalfacilityemphasizesstacked
floorplateswithinternalverticalcirculation(overhorizontal).Thisminimizespatient
andstafftraveldistancesandresultsinmoreexpedientpatientcare.Additionally,the
sitewherethehospitaldevelopmentisproposedtooccuriscompactinsizeanddoes
notsupportagroundlevelhelipadsoweareproposingaroofͲtophelicopterlanding
areathatisservedbyanelevationandvestibuledirectlyconnectingittocritical
hospitalservices.
Toaccommodatetheabovefacility,weareproposingaheightof102’to
dimensionallyaccommodatealloccupiedfloorsofthehospitalandthebuilding
parapet.Thepatiententryvestibuleandelevatoroverrun/equipmentroomto
supportaccesstothehelipadwillexceedthe102’buildingheightsoweareseeking
additionalheightforthissmallareaofthebuilding.Werequestamaximumheight
of135’foronlytheareawherethehelipad,elevatorandvestibulearelocatedonthe
hospitalbuildingandhaveidentifiedthatthemaximumsize/areaofthisincreased
heightislimitedtoatotalareaof2,500squarefeet.Inotherwords,the135’height
willbelimitedbythisamendmenttoaverysmallportionoftheproperty.
PleasereferencetheSectionDiagraminthisapplicationforspecificinformationon
thelocationandareafortherequestedheights.
SCLHealthClearCreekCrossingCampus–ODPAmendment
January22,2020
2
HeightJustification:Foruseasadirectreference,includedwiththissubmittalisa
pagefromtheconstructiondocumentsfortherecentlycompletedSt.JosephHospital
inDenvershowingtheheightoftheelevatoroverrun&machine/equipmentroom
aboveit.Theprojectwasconstructedin2013andisagoodexampleofwhatis
proposedforClearCreekCrossing.Thedifferenceinheightbetweenthetopofthe
parapetandthetopofthewalloftheelevatormachineroomatSt.Josephhospital
is31’.TheproposedHospitalinClearCreekCrossinghassimilarneedsandweare
requestingaheightof33’abovetheparapet.St.Josephhospitalwasdesigned8years
ago,andelevatorsystemtechnologieschangeovertimesotheadditional2’ofheight
providesuswithneededdesignflexibilitytoaccommodatecurrenttechnologiesand
codeclearancerequirements.
Safety:Placingthehelipadontheroofofthehospitalisthesafestandmostefficient
solutionformosthospitalsforseveralreasons,andmostcertainlyforthistightsite.
Helipadroofplacementsupportsthemostexpedienttransferofpatientsfromthe
helicoptertotheemergencyfacilitieswithinthehospital,whichisalwaysthehighest
priority.Arooftophelipadisalsothesafestmethodforahelicoptertoaccessthe
hospitalbecausetherearefewerverticalobstructionstonavigatewithonarooftop.
Thisresultsinsafer/quickertakeͲoffsandlandingsandallowsforthehelicopterto
takeͲoffintothewind,theoptimaldirectionforhelicopters.Pedestriansafetyisalso
increasedwithrooftopversusgroundlevelhelipadsbecausetheyreducethe
likelihoodofdangerousswirlingwindandairbornedebristhattypicallyoccursfrom
therotorsatgroundlevel.
Noise:Impactstoneighboringdevelopmentfromnoisegeneratedbyhelicoptersis
bettermitigatedbyhelipadsonarooftopthanthoseatgroundlevel.Aquicker
takeoff/landingallowsfornoisefromthehelicoptertobeintheareaforalesser
durationandwiththeelevatedheight,thenoisevolumeisreducedasthedistance
adjacentpropertiesisincreased.Noisefromthehelicopterdoesnothavethe
opportunitytoreverberateoffverticalsurfacesofthehospitalandbouncetoward
adjacentpropertiesreducingthechancethatthesoundisamplifiedhorizontally
towardanadjacentproperty.
Forthereasonsdescribedabove,webelievethatthisrequestedheightforavery
smallportionofthebuildingisessentialtotheefficientplanninganddesignofastateͲ
ofͲtheͲarthospitalfacilityfocusedonsavinglives.
PleaseseetheattacheddrawingformtheSt.JosephHospitalconstructiondocuments
describingthefunctionalheightneededabovetheparapettosupportarooftop
helipad.
GeneralProjectConcept
Theoverallvisionforthe26.93ͲacresitealongIͲ70intheClearCreekCrossing
DevelopmentistocreateamedicalcampustoserveWheatRidgeresidentsandthe
westmetrocommunity.Thisfacilitywillreplacetheexisting,agingLutheranMedical
Center.
SCLHealthClearCreekCrossingCampus–ODPAmendment
January22,2020
3
Theinitialfacilitieswilllikelyincludea200Ͳbedhospitalplusshelledspacefor50
additionalbedswithservicessimilartoLutheranMedicalCenterandaseparate,freeͲ
standingmedicalofficebuildingontheproperty.Thehospitalfacilitywillgenerally
includealarger2Ͳstorybuildingofsharedserviceswitha4Ͳstorypatienttowerabove
itforatotalof6stories.Thisbuildingmodel,typicaltootherfacilitiesintheDenver
Metroareaandthemedicalindustry,iseffectiveandefficientinsupportingthe
deliveryofhighͲqualitymedicalservicestocommunitieslikeWheatRidge.For
comparison,LutheranMedicalCenteriscurrentlya6Ͳstoryhospital.
ParkingwillbeprovidedinbothsurfacelotsandinamultiͲstorystructure.Ahelipad
forhelicoptersarriving/takingoffviathedefinedFAAtravelcorridors(typically
highways)willbeprovidedontopofthepatienttower.
OutͲpatientfocusedmedicalofficefacilitieswillbedevelopedinphasesthroughout
thepropertytoprovideconvenientcommunitymedicalservices.Typically,theseare
constructedthroughagroundleasearrangementbythirdpartyprivatedevelopers
independenttothemainhospital.Initialstudiesshowlandcapacitytosupport
approximately100,000–200,000sfofoutͲpatientfacilities.
Asapointofreference,LutheranMedicalCenteriscurrentlya6Ͳstoryhospital.
Becauseofitsage,thefloorͲtofloorheightsarelowerthanwhatisexpectedfor
modernhospitalfacilities.Overthedecades,greatermechanicalandtechnology
needs,alongwithchangesincoderequirements,haverequiredmorespacebetween
floorstoprovidelifeͲsavinginfrastructureforpatientcare.Theapproximateincrease
ofamodernhospitalfloorͲtoͲfloorheightisapproximately1Ͳ1/2feet.
November 15, 20190
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Case No. WZ-19-10 / CCC Height Amendment 13
NEIGHBORHOOD MEETING NOTES
Meeting Date: October 23, 2019
Attending Staff: Stephanie Stevens, Senior Planner
Location of Meeting: City of Wheat Ridge City Hall – Council Chambers
Property Address: Clear Creek Crossing, northwest corner of 40th Avenue and
I-70
Property Owner(s): SCL Health
Property Owner(s) Present? Yes
Applicant: Bruce Fong, SCL Health
Anne Lutz, SCL Health
Steven Chyvng, SCL Health
Lynn Moore, Davis Partnership Architects
Charley Meyer, Davis Partnership Architects
Applicant Present? Yes
Existing Zoning: Planned Mixed Use Development (PMUD)
Existing Comp. Plan: Regional Commercial Center, Mixed-Use Commercial
Existing Site Conditions: The site is considered a part of the Clear Creek Crossing Planned Mixed Use Development (PMUD). It
is located to the west of I-70 and east of the future Clear Creek Drive. The site is currently vacant, but was platted in 2018 and construction is underway on infrastructure within the overall development. At this point, the only development that has an approved Specific Development Plan (SDP) at the site is a multifamily development north of the future W. 40th Avenue and east of the future Clear Creek Drive.
Applicant/Owner Preliminary Proposal: The applicant would like to create a medical campus to serve the Wheat Ridge and west Denver metro community on a 26.88-acre site along the west side of I-70 in the Clear Creek Crossing Development. The medical campus would be in Planning Area 1 (PA 1) of the PMUD. They envision the campus to
initially consist of a hospital and a medical office building, with parking provided by surface lots and a multi-story parking structure. The hospital facility is proposed to be a total of 6 stories, typical to other hospital facilities in the Denver metro area and the medical industry. A helipad for helicopters
EXHIBIT 6: NEIGHBORHOOD MEETING NOTES
Case No. WZ-19-10 / CCC Height Amendment 14
arriving/taking off via defined Federal Aviation Administration (FAA) travel corridors (typically highways) is proposed on top of the main hospital building. The purpose of this request is to amend the existing Clear Creek Crossing PMUD Outline
Development Plan (ODP) to increase the maximum building height of 90 feet to support the needs of
the hospital facility. The proposed 102-foot building height shown in the site plans would accommodate all occupied floors of the hospital and the building parapet. Rooftop mechanical equipment, the patient entry vestibule, elevator overrun/equipment room to support access to the helipad, and rooftop antennae/FAA regulated safety apparatus will exceed the 102-foot building
height. Therefore, the applicant is proposing to increase the maximum building height allowed to 135
feet to accommodate all the aforementioned features.
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, 3 members of the public attended the neighborhood meeting, per the sign-in sheet.
• Staff discussed the site and its zoning.
• The applicant and members of the public were informed of the process for an ODP Amendment.
• The members of the public were informed of their opportunity to make comments during the process and at the public hearings.
• Meeting attendees were able to provide comments on the proposal. The following comments were made regarding the ODP Amendment and proposed development:
• Does the helipad have to be that high?
The sight area is tight and grounded helipads create increased risk for danger to the patients
because they must then be transported from the helicopter into the building via an ambulance and/or stretcher. It is most efficient for the helipad to be located on the rooftop.
• Doesn’t the rooftop helipad have higher impacts on the neighbors?
Noise will largely be mitigated by the highway and being on the roof, as opposed to being on the
ground which would be much louder.
• How many flights are there per day?
There are approximately 5 life flights per month at our current location, many which serve to
transport patients to Children’s Hospital.
• How often will we hear sirens from ambulances?
Audible ambulances are only used when absolutely necessary.
• If the height is not allowed to increase, would a helipad still be possible?
Yes, but the design would not be as efficient and would likely have greater impacts because of the tight sight area.
• How much of the building is proposed to be 135’ high?
The elevator space is all that needs to be 135’ high, and that takes up about 2500 square feet.
• Why does the building need to be 102’ high?
Case No. WZ-19-10 / CCC Height Amendment 15
The building has been designed with greater floor heights for purposes of function, not more floors
than what we have at our current location. It is not our intent to build bigger, but to simply relocate what we have now.
• When do you expect the hospital to open?
The hospital will likely open around March of 2024.
• What is going to happen to the old hospital?
The hospice center will most likely stay. We hope to be able to repurpose the North tower, which was built recently. Many of the office buildings on site are under separate ownership, and might
stay depending on what that owner wants to do. In short, some portions will remain, but the
hospital itself will close and relocate. Portions of the property will be sold.
• Concerns were expressed related to noise and disruption to the neighborhood, especially because of ambulances and helicopters.
SCL intends to work with the neighbors to minimize disruption.
• This development is and will continue to increase traffic in our neighborhood.
Once the barriers are down and roadways for the development are constructed, traffic will be largely mitigated.
• Our neighborhood feels unprotected.
Fencing, sound barriers, and walls are being addressed with the overall Clear Creek Crossing development.
• Will you still see Coors brewery/views?
Yes.
• Why do you have to go vertical?
The shape and geography of the lot create challenges. A ground helipad would not be nearly as efficient or safe for the patient.
• Won’t this decrease our property values?
The zoning already allows for a hospital, and nothing is proposed to change in terms of use.
• Is there anything that can be done to mitigate sound?
SCL will be as transparent as possible, and minimize the use of audible sirens as much as possible.
We have a history of working with our neighbors at our current location, and intend to continue
that positive and open relationship here. We rarely have concerns about noise from the residences surrounding our current location.
• Consider sound barriers, enforced windows, and dust control for the neighbors as a negotiating
factor in allowing this to happen.
Prior to the neighborhood meeting, staff received 1 phone call from others in the area regarding the proposal. Should this proposal become a land use case, all written statements will be included in the case file, along with this meeting summary.
Planning Commission Minutes – 1 –February 20, 2020
PLANNING COMMISSION Minutes of Meeting
February 20, 2020
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:02 p.m. in the City CouncilChambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2.ROLL CALL OF MEMBERS
Commission Members Present:Melissa Antol
Will Kerns
Daniel Larson Janet Leo Scott Ohm Richard Peterson
Jahi Simbai
Vivian Vos
Commission Members Absent: None
Staff Members Present: Lauren Mikulak, Planning Manager
Scott Cutler, Planner II Jordan Jefferies, Civil Engineer II Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by Commissioner PETERSON and seconded by Commissioner VOSto approve the order of the agenda. Motion carried 8-0.
5.APPROVAL OF MINUTES – February 6, 2020
It was moved by Commissioner SIMBAI and seconded by Commissioner LARSONto approve the minutes of February 6, 2020, as written. Motion carried 6-0-2 with
Commissioners ANTOL and LEO abstaining.
ATTACHMENT 3
Planning Commission Minutes – 4 – February 20, 2020
He also had concerns about parking and does not think the current and proposed
sidewalks will match up. He also wanted to know if there will be a 6ft. privacy
fence between the development and the residents on Jay Street. Ms. Mikulak mentioned that these are all site design issues and staff would be
happy to share the site design plan in the office. She quickly shared that there will
be parking on site with garages, parking adjacent to the commercial lot, and subterranean parking below the commercial building. She added the site plan is
administratively approved and is compliant with all Mixed-Use zoning standards. It was moved by Commissioner LEO and seconded by Commissioner ANTOL to recommend APPROVAL of Case No. WS-18-04, a request for approval of a major subdivision on property located at 6230 W. 38th Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the
zoning and development code have been met.
2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions:
1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat.
3. Prior to issuance of building permits, the developer shall provide
owner association covenants for review by staff. Motion carried 6-2 with Commissioner KERNS and VOS voting against.
B. Case No. WZ-19-10: an application filed by Davis Partnership Architects, on behalf of SCL Health for approval of an amendment to the underlying zoning to
increase the allowable height for hospital uses at Clear Creek Crossing.
Commissioner SIMBAI disclosed he is on the Board for SCL Health. Ms. Mikulak asked if he would have any financial interest in this application and if he can remain impartial and fair in this decision-making process despite his
participation on the SCL Health Board.
Commissioner SIMBAI confirmed he has no financial gain due to this case and can remain impartial on the voting process. Based on these answers, Ms. Mikulak confirmed he is eligible to participate in the hearing and should not recuse himself.
Planning Commission Minutes – 5 – February 20, 2020
Ms. Mikulak gave a short presentation regarding the amendment and the
application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the
Planning Commission has jurisdiction to hear this case.
Commissioner SIMBAI asked if this amendment is approved does it change the Design Pattern Book or the Code. Ms. Mikulak explained that Planned Developments are not codified, but they are
recorded and the Design Pattern Book is a recorded document so it will show up on
title work. Commissioner LARSON wanted confirmation that this amendment applies only to this project and not the City’s Code.
Ms. Mikulak confirmed this to be true and stated all Planned Development are property-specific and are separate from the City Code.
Commissioner OHM asked what the underlying zoning is for this property and asked about the height standards in relation to other mixed use zone districts.
Ms. Mikulak said the zoning is Planned Mixed Use Development (PMUD) and explained the point of reference are the four different Mixed-Use Developments. She also explained that this is an exempted area and it can exceed 50 feet in height.
She explained how the maximum heights were established in the mixed use codes
and why they don’t work for the hospital use. When the mixed use districts were written, there was a public process including visual preference surveys, and the community determined that 4-, 6-, and 8-story buildings were appropriate in those areas were more density was being encouraged. Working with industry experts,
those story heights were translated in to maximum heights of 62/65, 90 and 118
feet respectively. Those height assumptions were based on office uses. A 6-story building for a hospital use has to be taller than 90 feet because of different building codes. Commissioner ANTOL inquired if the elevator is needed to access the helipad and
if a noise study is necessary for helicopters.
Ms. Mikulak mentioned the City does not have a noise requirement. She added it is preferable to have a helipad adjacent to the highway because they tend to follow
highway corridors for flight.
Commissioner LEO asked why the height issue is being addressed now instead of earlier.
Planning Commission Minutes – 6 – February 20, 2020
Ms. Mikulak explained that during the Outline Development process there is no
specific design plan. She added that during this ODP process there was a different
hospital partner for part of the process. The applicant has now had the time to work through conceptual designs to determine their needs. If the height amendment is not approved then it will affect the applicant’s ability to provide the
services they have envisioned and they may have to go back to the drawing board
to figure out how this site will be designed.
Steven Chyung, applicant 2541 S. Monroe St., Denver Mr. Chyung gave a brief history of SCL Health, the location of the project, and the
visualization of why the height increase is being requested. He mentioned that by putting the helipad on the roof there will be noise reduction and it is the safest and easiest way to access the emergency room. He noted that the site is not a heliport (no elevator is stationed there) but will likely see an average of 5 helicopter trips
per month.
Commissioner LARSON asked if there is any aviation concerns about wind with the helipad being on the roof.
Mr. Chyung mentioned that the helicopter can be oriented more quickly if put into
the wind, which makes the takeoff more efficient.
Commissioner VOS asked which direction the helicopter would take off in.
Mr. Chyung explained it would depend on the wind direction and then the
helicopter will orient over the highway. In response to a question from Commissioner VOS about the hospital’s setback from the interstate, Ms. Mikulak explained that is part of the final site plan design
and will be decided at a later time, but the minimum setback established in the
zoning is 5-feet per story and it is likely the hospital will exceed the minimum
setback. Commissioner VOS then asked if the helipad could be placed on the parking garage.
Mr. Chyung explained that the most efficient way for the patient to get to the OR and/or ER from the helicopter is in a direct vertical path from the hospital roof down into the OR/ER. Transporting a patient from a different building on the
campus would not work.
Commissioner VOS wanted to know the current height of the stories at Lutheran Hospital on 38th Avenue and the proposed height of the stories for the hospital at Clear Creek Crossing.
Planning Commission Minutes – 7 – February 20, 2020
Bruce Fong, architect
500 Eldorado, Broomfield Mr. Fong said the current height of Lutheran Hospital stories is 12 to 13 feet per
story and the proposed height at Clear Creek Crossing is 15 to 18 feet per story. He
explained some of the contemporary medical equipment in ERs and OR that require taller ceiling heights. Commissioner KERNS asked how this hospital will have positive health outcomes for patients being so close to the I-70 Highway, due to noise, vibration and air
quality. He expressed serious concerns about the hospital being sited so close to the
interstate. Mr. Chyung said there will be better access to the hospital being adjacent to the highway. With regards to air and noise pollution, the hospital is built to take the
pollutants out of the air and meet regulatory standards.
Ms. Mikulak and Commissioner OHM reminded the Commission that the hospital is a permitted use and the purpose of this meeting is strictly to decide the height of
the hospital.
Commissioner OHM asked if the trauma level 3 designation will change with or
without the helipad. Mr. Chyung said no the trauma level designation is not determined by the helipad.
Tara Laventure, resident
13167 W. 33rd Ave., Golden Ms. Laventure mentioned her concerns are with air pollution from the active
construction site, noise from the helicopter and the height of the building.
Chair OHM closed the public forum and asked staff to respond to public comment.
Ms. Mikulak explained the height of the hospital will be 102 feet with only the
elevator portion on the roof being at 135 feet. She also clarified that noise is not addressed in the zoning code, it is considered a nuisance issue elsewhere in the
code of laws and applies to all uses in the City. Noise is considered a nuisance if is sustained.
Commissioner LARSON asked what the building timeline is for the hospital.
Ms. Mikulak said she does not have that answer, but it will take longer because it is the largest portion of the property.
Planning Commission Minutes – 8 – February 20, 2020
Commissioner LEO asked what the next steps are for the Planning Commission for
Clear Creek Crossing.
Ms. Mikulak said the review of the Specific Development Plans for this planning area and others would be the next step.
In response to a question from Commissioner VOS regarding the impact on wildlife due to helicopters flying through the area, Ms. Mikulak mentioned there
was an Environment Assessment done per federal regulations in association with the hook ramp infrastructure.
Commissioner ANTOL asked about the timeline of the projects and what the
importance is for having a helipad. Mr. Chyung explained that to be a licensed acute care hospital the requirement is a helipad. He confirmed the height is necessary to achieve the goals of the hospital
campus.
Commissioner VOS asked why they are reviewing the proposed height without a proposed site plan.
Ms. Mikulak said is customary and appropriate to establish the development
parameters, including the maximum height, so the applicant knows the parameters
to which they are designing. Chair OHM called for a motion.
It was moved by Commissioner KERNS and seconded by Commissioner VOS
to recommend DENIAL of Case No. WZ-19-10, a request for amendment to
the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The siting and zoning does not promote the positive health outcomes and general welfare of hospital staff, patients and the community. 2. Noise and elevated ambient sound levels due to the adjacent freeway are unbefitting of a height increase for a hospital and associated health campus. 3. Vibration, including low, mid, and high resonant frequencies due to the
adjacent freeway are unbefitting of a height increase for a hospital and associated health campus. 4. Air quality, including elevated levels of ultra-fine particulates, black carbon, nitrogen oxides, carbon monoxide, volatile organic compounds, and particle-bound polycyclic aromatic hydrocarbons (PPAH).
Leading to respiratory infections, heart disease, COPD, stroke, asthma,
reduced pediatric lung function, and lung cancer. These listed reason
Planning Commission Minutes – 9 – February 20, 2020
are unbefitting of a height increase for a hospital and associated health campus.
5. It is not appropriate to amend zoning standards to recognize the
unique needs of a hospital use at this site. There was no discussion.
Motion failed 5-3 with Commissioners ANTOL, LARSON, OHM,
PETERSON and SIMBAI voting against. Chair OHM called for an alternate motion.
It was moved by Commissioner LARSON and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The zoning promotes the health, safety and general welfare of the
community and will not result in a significant adverse effect on the surrounding area. 2. The change in height does not affect the demand on public infrastructure. 3. The amendment is consistent with the goals and objectives of the
Comprehensive Plan and purpose of underlying zoning. 4. It is appropriate to amend the zoning standards to recognize the unique needs of a hospital use.
There was no discussion.
Motion carried 5-3 with Commissioners KERNS, LEO and VOS voting against. C. Case No. ZOA-20-02: an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the design and plating of multifamily development and attached single family homes.
Ms. Mikulak gave a short presentation regarding the ordinance and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice requirements have been met, therefore the Planning Commission has jurisdiction to hear this case.
Commissioner PETERSON asked if the building footprint will remain the same with a lot line adjustment.
www.evgre.com
Arizona I California I Colorado I Utah
March 30, 2020
Lauren Mikulak, AICP
Planning Manager, Community Development Department
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
RE: Case No. WZ‐19‐10
Dear Ms. Mikulak,
We are reaching out to you regarding the above‐referenced zoning case, an application filed by Davis
Partnership Architects, on behalf of SCL Health for approval of an amendment to the underlying zoning to
increase the allowable height for hospital uses at Clear Creek Crossing. As you know, Evergreen Devco’s
Multifamily group began construction in November 2019 on a 310‐unit luxury apartment community on Lot 2
Block 1 at Clear Creek Crossing. While our group did not have a representative at the Planning Commission
Hearing on February 20, 2020, we reviewed the minutes from this meeting and discussed with the Applicant’s
representative Lynn Moore, with Davis Partnership Architects.
From our early engagement in the Clear Creek Crossing ODP in 2017, we welcomed an opportunity to develop
an apartment community at CCC precisely because it was located within a mixed‐use planned community
located along I‐70 with plans for new and improved access to the freeway. The 12‐acre site that we purchased
in October is located immediately adjacent to the SCL site and south of Clear Creek and Highway 58, which
connects to Golden. As we are part of Evergreen Development, we were aware in early 2018 that there were
several hospital groups interested in purchasing Lot 1 Block 1, also identified as the “Mill District” in the CCC
ODP and associated Design Pattern Book. Given the location of the “Mill District” visible from Highway 58 and
adjacent to WB I‐70, the desirability of this location for hospital use seemed obvious given the parcel size as well
as its excellent accessibility both locally and regionally.
We have always been very supportive of a hospital use at this location. A hospital and associated facilities are
an important asset in a community; to have a new SCL Health campus within walking distance will not only
provide nearby medical facilities but will offer significant employment at Clear Creek Crossing. Nearby
employment will be very good for our community, strengthening average occupancy.
As SCL Health moved forward with its planning effort of both services as well as site design, they have
communicated with us often. We support their request for additional building height to support modern design
requirements as well as an optimally located helipad for both safety and access. From our perspective, any
noise issues associated with helicopters or emergency vehicles come along with being located near a hospital.
Clear Creek Crossing is an urban setting and noises come along with a location near a major interstate highway,
whether the hum of traffic, ambulance sirens or the occasional helicopter transporting a patient in need of
critical emergency services. We understand that a rooftop helipad optimizes access for a quick take‐off/landing
and most likely minimizes the time the helicopter is present in the area. A rooftop helipad seems to make for a
safer environment with less impact on the surrounding development and community, as a ground‐level landing
ATTACHMENT 4
March 30, 2020 Evergreen Devco Page 2
pad creates noise reverberation as well as the danger of flying debris. Further, a larger, multi‐floor building at
the proposed height will likely buffer some of the current highway noise from neighbors to the west, creating a
more urban environment that is desirable at this interstate location.
We hope that this letter communicates our overall support of SCL Health’s future hospital at Clear Creek
Crossing. A hospital campus will bring important medical services to the overall community as well as important
employment that will directly benefit our planned apartment community.
Sincerely,
Jeff Wikstrom
Principal and Regional President
cc: Tyler Carlson, Managing Principal ‐ Evergreen Devco
Steven Chyung, SVP Supply Chain and Real Estate – SCL Health
Lynn Moore, Principal – Davis Partnership Architects
www.evgre.com
Arizona I California I Colorado I Utah
March 30, 2020
Lauren Mikulak, AICP
Planning Manager, Community Development Department
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
RE: Case No. WZ-19-10
Dear Ms. Mikulak,
On behalf of Evergreen-Clear Creek Crossing, L.L.C., the owner and developer of the Clear Creek Crossing project
I am writing in support of the above-referenced zoning case, an application filed by Davis Partnership Architects
on behalf of SCL Health, for approval of an amendment to the underlying zoning to increase the allowable height
for hospital uses in Clear Creek Crossing. SCL Health purchased Clear Creek’s 26-acre employment site and is a
very important partner in the success of this public-private partnership with the City of Wheat Ridge, which
includes significant regional public infrastructure as part of the City’s “Investing 4 the Future” program. While
we did not have a representative at the Planning Commission hearing on February 20, 2020, we reviewed the
minutes from this meeting and discussed with the Applicant’s representative Lynn Moore, with Davis
Partnership Architects, the details of their applications and support their request.
We support SCL’s application for an ODP amendment for additional building height to support its programming
requirements as well as an optimally located rooftop helipad for both safety and access. It is our understanding
that a rooftop helipad optimizes access for a quick take-off/landing and minimizes the time the helicopter is in
flight. A rooftop helipad offers a safer environment with less impact on Clear Creek Crossing and the Applewood
neighborhood, as a ground-level helipad can create noise reverberation as well as the danger of flying debris.
We support Planning & Zoning’s recommendation for this application’s approval by Wheat Ridge City Council on
April 13, 2020. An approval of this ODP amendment is an important step in SCL Health’s site planning effort and
future construction of a modern medical campus in the coming years in Clear Creek.
Sincerely,
Tyler Carlson
Managing Principal
cc: Jeff Wikstrom, Principal and Regional President - Evergreen Devco
Steven Chyung, SVP Supply Chain and Real Estate – SCL Health
Lynn Moore, Principal – Davis Partnership Architects
Wheat Ridge Speaks
Published Comments for April 13, 2020 City Council Meeting
Item 2 - Zoning Amendment at Clear Creek Crossing
I am completely dismayed that the hospital construction is planned for directly across from 38th at
Youngfield. My biggest worry is that tall buildings would be built directly blocking the entire community's
view of Table Mountain. That view is our city's heritage and part of our identity. And now they are asking
to INCREASE the height ?
And frankly it is so sneaky that the sign posting of the meeting was posted INSIDE the development
where no citizen ever drives and could have seen it. Please city council, don't just think about the
revenue here. I was raised here and I value very much my view of Table Mountain and those hills. Don't
take it away from us!
04/11/2020 6:50 pm
Karen Johnson
11175 W 40th Ave
Wheat Ridge, 80033
I am STRONGLY OPPOSED to increasing the height of the hospital and adding a helipad. This would be
terrible for our neighborhood. Seems very sneaky of the developer to do this and to ask for the
amendment while we are all stuck at home. In addition, the sign posting of the meeting was posted
INSIDE the development where no citizen ever drives and could have seen it. Seriously?? How was the
public supposed to know about this? I urge Wheat Ridge City Council to either refuse this request or
WAIT until the public is given adequate time to respond.
04/12/2020 12:51 pm
Jessica Tsuo
14600 Crabapple Rd
Golden, 80401
Wheat Ridge Speaks
Published Comments for April 13, 2020 City Council Meeting
Citizens' Right to Speak - April 13, 2020
Regarding the zoning request change for Clear Creek Crossing(W2-19-10,) to increase the height of
structures; this will be vehemently opposed by the residents in the area. This is not appropriate. We will
involve our political officials if necessary, to prevent this. It does not fit this environment!
04/11/2020 7:21 pm
l du Mont
13990 crabapple
golden, 80401
Wheat Ridge Speaks
Published Comments for April 27, 2020 City Council Meeting
Item 1 - Zoning Amendment at Clear Creek Crossing
Wheat Ridge City Council has asked Citizens to DO THE RIGHT THING; Close their businesses, stay at
home. You have mandated to wear face masks and practice Social distancing. City Council should DO
THE RIGHT THING and postpone any votes on Zoning issues until Citizens can attend Public Hearings
in person at City Hall.
Lutheran Hospital has 90 acres on 38th ave and Carr to expand their facilities without impacting the
ambience of Wheat Ridge.
. A six story building with a 30 foot Helicopter pad on top at Clear Creek Crossing would impede the view
of our mountain vista that we all treasure!
04/27/2020 8:53 am
Carol Mathews
3851 Hopt Street
Wheat Ridge, 80033
Wheat Ridge Speaks
Published Comments for June 8, 2020 City Council Meeting
Item No. 2 - Zoning Amendment at Clear Creek Crossing
Please put a permanent wall where the temporary wall is on Clear Creek Dr. between Dennys and La
Quinta. We have many young families with very young children in the neighborhood. They play outside
and some ride their bikes on 33rd. The hole in the wall leading directly to an I70 access and entrance
ramp is asking for a child to be hurt or even killed.
06/08/2020 2:45 am
Shirley M Coen
13146 W 33rd Ave
Golden, 80401
I am in support of amending the height density requirement for hospital campus use only in the Clear
Creek Crossing redevelopment. SCL Health Lutheran Hospital continues to provide top-notch care for our
community and surrounding area. Their decision to purchase the parcel in the new development aligns
with their values:
- Caring Spirit - We honor the sacred dignity of each person.
- Excellence - We set and surpass high standards.
- Good Humor - We create joyful and welcoming environments.
- Integrity - We do the right thing with openness and pride.
- Safety - We deliver care that seeks to eliminate all harm for patients and associates.
- Stewardship - We are accountable for the resources entrusted to us.
By allowing the rooftop helipad in the structure, the hospital is able to house needed critical care, such as
surgery and Cath Lab procedures with faster access, while maintaining the originally proposed footprint.
The rooftop helipad also keeps the neighborhood noise quieter and fewer emergency vehicles traffic -
benefits for neighboring residents.
I value Lutheran Hospital's effort in continuing to provide the best care possible, while being a good
steward to the resources they have.
Maki DeLaet,
Wheat Ridge Resident, local business owner
06/08/2020 11:17 am
Maki DeLaet
11830 W. 35th Ave.
Wheat Ridge, 80033
1
Memorandum
TO: Case File (WZ-19-10)
FROM: Lauren Mikulak, Planning Manager
DATE: June 8, 2020
SUBJECT: Protest Filed Against Clear Creek Crossing Zoning Amendment
The purpose of this memo is to document the analysis of the protest received on June 8, 2020 in relationship to Case No. WZ-19-10, an amendment of the PMUD zoning at Clear Creek Crossing, generally located west of Interstate 70, south of Highway 58, and north of 32nd
Avenue.
BACKGROUND Section 5.10 of the City Charter and Section 26-112.C.7 of the Municipal Code outline the process and implications of a protest against a zone change ordinance. Specifically, the Charter
provides the minimum land area requirements that can trigger a three-fourths vote of the entire
council: […] The council shall have the power to amend, supplement, change, or repeal the regulations, restrictions and boundaries of zoning districts within the city. Such changes shall
be adopted by ordinance after a public hearing at which parties in interest and citizens shall
have an opportunity to be heard.
In the event of a protest against such changes signed by the owners of twenty (20) percent or more of the area:
(1)Of the property included within the proposed change; or,(2)Of those immediately adjacent to the rear or any side of the property, extending onehundred (100) feet from the property; or,(3)Of those directly opposite across the street from the property, extending one hundred
(100) feet from the street frontage of such opposite property,
such changes shall not become effective except by the favorable vote of three-fourths of the entire city council. Where land within the area proposed for change, or adjacent or opposite land as defined above is owned by the City of Wheat Ridge, such property shall be excluded
in computing the required twenty (20) percent, and owners of noncity land within the one-
hundred-foot limit as defined above shall be considered adjacent or opposite despite such intervening city land. […]
ATTACHMENT 5
2
SUBJECT PROPERTY The development referred to as Clear Creek Crossing (CCC) is over 100 acres in size, is
comprised of several lots, includes several property owners, and is broken into several
“Planning Areas.” SCL Health is the applicant for Case No. WZ-19-10; they are the owner of the property comprising Planning Area 1 which is located at the northeast portion of CCC.
The applicant’s intent is to develop a hospital campus, which is already a permitted use under
the existing zoning. The current zoning allows 6-story employment uses, up to 90 feet in
height. Through this zoning amendment, the applicant is requesting an additional 12 feet of height to meet the design requirements and building codes associated with a hospital use; they are also seeking additional height allowance to accommodate a rooftop elevator associated with a helipad. The proposed amendment is written as narrowly as possible, so the height
amendment only affects hospital uses in PA 1.
The entirety of Clear Creek Crossing was rezoned to a Planned Mixed Use Development (PMUD) in 2018 which is a custom, property-specific zoning document. While the request only affects PA 1, an amendment to the underlying zoning is processed as an amendment to the
PMUD zoning at large. This means that the subject property for the request is the entirety of
CCC. In turn, all noticing associated with the request is based on the full boundary of CCC, and all measurements related to a legal protest are taken based on the full boundary of CCC, not PA 1 alone.
The boundary of PA 1 is shown on the following page in relation to the entire CCC site and
zoning. The PMUD zoning is represented by the blue shading, and it’s boundary is coincident with boundary of the CCC site, shown by the a solid red line. The dashed red line is the boundary of PA 1.
[Remainder of page intentionally blank.]
3
Vicinity Map
4
PROTEST On Monday, June 8, 2020 at 12:47 p.m. city staff received a set of protests submitted by
Zoriana Horodyskyj. The submittal included a set of seven (7) signed protesters from the
owners of six (6) properties adjacent to CCC. Those protests are attached and represent the following addresses:
•3340 Alkire Court, Golden, CO
•3380 Alkire Court, Golden, CO
•3381 Alkire Court, Golden, CO
•3386 Alkire Court, Golden, CO
•3415 Alkire Court, Golden, CO
•13305 W. 33rd Place, Golden, CO
No reason for the protest is provided, and none is required. The protest properties and
associated owners are not located within the City of Wheat Ridge; but the Charter, Code, and case law afford protest rights to any adjacent property owner regardless of whether they are Wheat Ridge residents, voters, or properties.
FINDINGS
Staff has determined the properties are eligible to protest based on their proximity to the south side of the CCC property. The combined areas of the protest properties do sufficiently constitute 20% of the land area required to be a valid legal protest. Accordingly, a three-fourths vote of Council on the zone change ordinance is triggered by this protest.
This finding is illustrated in the image to the right. On the south side of the subject property, the blue stripe represents the area within 100 feet of the property. The properties that are
associated with the protest are shaded in yellow, and they comprise over 20% of the area of the blue stripe.
Per Section 26-112.C.7.b, because the
protest was submitted after the first reading which occurred on May 11, the public hearing is automatically continued from June 8 to June 22,
2020.
Attachments:
Protest submittal and signed protests
100 ft 1000 ft ½ mile
1
Lauren Mikulak
From:Zoning Division
Sent:Monday, June 8, 2020 1:19 PM
To:Lauren Mikulak
Subject:Fw: (CASE NO. WZ 19-10)
Attachments:WR Hospital Protest Holley 2020-06-0820200608_12213409.pdf; WR Hospital Protest
Lantz 2020-06-0820200608_12230472.pdf; WR Hospital Protest Meetz
2020-06-0820200608_12203489.pdf; WR Hospital Protest Runkel 2020-06-0820200608
_12253453.pdf; WR Hospital Protest Stiegelmeier 2 2020-06-0820200608_
12280354.pdf; WR Hospital Protest Stiegelmeier 2020-06-0820200608_12265839.pdf;
WR Hospital Protest Wood 2020-06-0820200608_12292509.pdf
From: ZORIANA HORODYSKYJ <zoriana3@comcast.net>
Sent: Monday, June 8, 2020 12:47 PM
To: Zoning Division; Gerald Dahl; Steve Kirkpatrick
Subject: (CASE NO. WZ 19‐10)
Good afternoon,
Attached, please find individual legal protests that were requested be sent to the City prior to tonight's City Council meeting.
Because the City is still following pandemic guidelines and no City personnel is available for these to be hand delivered, we are submitting these legal protests by email referencing WZ 19-10.
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER STITES
COUNCIL BILL NO. 10 ORDINANCE NO. 1688 Series of 2020 TITLE: AN ORDINANCE APPROVING AN AMENDMENT TO THE
EXISTING PLANNED MIXED USE DEVELOPMENT (PMUD)
ZONING TO INCREASE THE ALLOWABLE HEIGHT FOR HOSPITAL USES AT CLEAR CREEK CROSSING (CASE NO. WZ 19-10)
Please send a confirmation of reciept of this email and attachments
Thank you,
Zoriana Morozewych
3651 Ward Rd
WR 80033
ITEM NO: DATE: June 22, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 11-2020 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-07 / HARDI)
PUBLIC HEARING ORDINACES FOR 1ST READING (05/11/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/22/2020)
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _________________________________
Community Development Director City Manager
ISSUE: The applicant is requesting approval of a zone change from Residential-One (R-1) to Planned
Residential Development (PRD) with an Outline Development Plan for property located at 9800
W. 38
th Avenue (southeast corner of W. 38th Avenue and Johnson Street). The purpose of thisrequest is to prepare the property for the development of four (4) single-family homes and three(3) duplexes, for a total of ten (10) dwelling units.
PRIOR ACTION: Planning Commission heard the request at a public hearing on February 6, 2020 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are enclosed.
This request was originally scheduled to be heard at public hearing on April 13, 2020, however,
it was determined that the newspaper component of the required public hearing notification was not properly amended when—due to COVID-19—the hearing was changed from an in-person to virtual format. The hearing was continued to June 8.
2
Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD
June 22, 2020
Page 2 On May 11, the original ordinance associated with the request was postponed indefinitely based
on concerns related to notification of the virtual meeting format. A new ordinance for this
request was introduced on first reading on May 11, and Council ultimately set the public hearing for June 22. On April 13 a protest was received from the owner of property at 9865 W 37th Avenue. The
protest was validated, but subsequently rescinded by the owner on May 11.
FINANCIAL IMPACT: Fees in the amount of $1,186 were collected for the review and processing of Case No. WZ-19-07. If the development advances, next steps would include a Specific Development Plan,
subdivision, and building permits; review fees, use tax, and parkland dedication fees would be
paid as part of those processes. BACKGROUND: The subject property is located on the south side of W. 38th Avenue between Johnson Street and
Iris Court and is currently vacant. It is 1.28 acres in size.
Surrounding Land Uses Surrounding properties include a variety of land uses and zoning. Immediately to the west across Johnson Street is a vacant parcel zoned Planned Commercial Development (PCD), owned by the
City of Wheat Ridge. Beyond that is a parcel zoned Commercial-One (C-1), which currently
contains Appleridge Café. To the southwest of the site is Discovery Park. On the west side of Kipling Street is the recently developed Kipling Ridge shopping center with Sprouts and Starbucks as major tenants. To the east is the Meadow Haven Subdivision, zoned Residential-Two A (R-2A), consisting of mostly duplexes and a single-family home. To the south are
properties zoned Residential-One (R-1), containing single-family homes on large lots. To the
north, across W. 38th Avenue, are properties zoned Residential-Two (R-2), containing a mix of duplexes and single-family homes. Current and Proposed Zoning
The property is currently zoned Residential-One (R-1) which permits low-density residential
development with lot sizes at a minimum of 12,500 square feet and 100 feet wide. The applicant is requesting the property be rezoned to Planned Residential Development to facilitate the development of four (4) single-family homes and three (3) duplexes, for a total of ten (10) units.
Because the site is over one (1) acre, City Code does not allow the property to be rezoned to a
“straight zone district” such as R-2A or R-3 which could potentially accommodate the proposed type of development. Section 26-301.B.2 requires any application for a zone change for residential properties over one (1) acre in size to be to a planned development (PRD). Moreover, the site is an appropriate candidate for a planned development because of several unique
features: it is trapezoidal in shape, it has a notable change in grade across the site, and it is
positioned between 38th Avenue with various commercially zoned and developed properties and a low density neighborhood requiring it to serve as a transitional property. The purpose of a
Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD
June 22, 2020
Page 3 planned development is to encourage high quality design, appropriate use of land, and well-
designed development.
The benefits of a planned development includes the City’s ability to control architectural design (this is not the case under a straight residential zone district) and the ability for decision makers and the public to review the site and building design thorough a public process (again not the
case under a straight residential zone district).
In this case, the Outline Development Plan (ODP) limits the building types to single-family homes or duplexes and establishes setbacks, height allowances, parking requirements, architectural requirements, the character of development, and landscaping percentages. The
proposed building heights are lower than currently allowed under the R-1 zoning and have larger
perimeter setbacks on the east and south sides of the development which borders existing residential uses. The proposed buildings would be accessed from a shared alleyway that connects to W. 38th Avenue and Johnson Street. Duplexes would be located along W. 38th Avenue and the single-family homes would be located along the alleyway on the south half of the site. The
proposed development serves as a transition between a similar residential density to the east, W.
38th Avenue, and the R-1 neighborhood to the south. A complete analysis of the zone change criteria and the ODP are included in the Planning Commission staff report (attached).
Related Applications Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first is the Outline Development Plan, which, if approved, changes the zoning designation on the land, establishes allowed uses and development standards for the property,
and establishes access configurations for vehicles, pedestrians, and bicycles. The second
document is the Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the
ODP and SDP, and also allows for concurrent review of the SDP and plat. In this case, the
applicant is requesting sequential review of the ODP and SDP. If approved, the SDP would be subject to Planning Commission review and approval and the subdivision plat would be subject to Planning Commission and City Council review and approval. RECOMMENDATIONS:
The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. Rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-
112). Ordinances require two readings, and by Charter, the public hearing takes place on second
reading.
Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD
June 22, 2020
Page 4 Per City Code, the City Council shall use the criteria in Section 26-303 of the code to evaluate
the applicant’s request for a zone change. A detailed Planning Commission staff report is
enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill No. 11-2020, an ordinance approving the rezoning of property
located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD) with approval of an Outline Development Plan (ODP), on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a
proper public hearing.
2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the criteria for review in Section 26-303 of the Code of Laws.
Or, “I move to deny Council Bill No. 11-2020, an ordinance approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development
(PRD) with approval of an Outline Development Plan (ODP), for the following reasons:
___________________________ and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II
Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 11-2020 2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes 4. Public Comments – received thru June 12, 2020
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER WEAVER
COUNCIL BILL NO. 11 ORDINANCE NO. 1691 Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 9800 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-07 / HARDI)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Ardalan and Kim Hardi submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) District for property at
9800 W. 38th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for vibrant neighborhoods, diversification of housing stock and household types, and reinvestment in underutilized properties in
neighborhood areas; and, WHEREAS, the proposed development is compatible with the surrounding area, provides an appropriate transitional land use, and complies with the comprehensive plan; and,
WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 6, 2020 and voted to recommend approval of the rezoning of the property
to Planned Residential Development (PRD),
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Ardalan and Kim Hardi for approval of a zone
change ordinance from Residential-One (R-1) to Planned Residential Development (PRD) for property located at 9800 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the
following described land:
A PARCEL OF LAND BEING A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 27 BEING N 89°39'35” E, CITY OF WHEAT RIDGE DATUM AND MONUMENTED AS FOLLOWS:
-NORTHWEST CORNER OF SECTION 27, BEING A FOUND 3.25” ALUMINUM
CAP IN RANGE BOX, PLS 29757, PER MON. REC. DATED 1-14-13, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15409. -NORTH 1/4 CORNER OF SECTION 27, BEING A FOUND 3.25” BRASS CAP
IN RANGE BOX, PLS 13212, PER MON. REC. DATED 5-5-06, CITY OF
WHEAT RIDGE DATUM CONTROL POINT NO. 15509. POINT OF COMMENCEMENT AT THE NORTHWEST CORNER OF SECTION 27;
THENCE N 89°39'35" E ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 27 A DISTANCE OF 662.91 FEET; THENCE S 00°11'55" E A DISTANCE OF 30.00 FEET TO THE NORTHWEST
CORNER OF MEADOW HAVEN SUBDIVISION, A SUBDIVISION RECORDED
AT RECEPTION NO. 86051870 AND THE POINT OF BEGINNING; THENCE S 00°11'55" E ALONG THE WESTERLY LINE OF SAID MEADOW HAVEN SUBDIVISION AND THE EXTENSION THEREOF A DISTANCE OF
247.00 FEET TO A POINT ON THE NORTHERLY LINE OF WESTHAVEN
SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 51495593; THENCE ALONG SAID NORTHERLY LINE OF WESTHAVEN SUBDIVISION THE FOLLOWING FOUR (4) COURSES:
1. N 84°09'48" W A DISTANCE OF 40.12 FEET; 2. N 66°49'07" W A DISTANCE OF 66.72 FEET;
3. N 70°16'31" W A DISTANCE OF 166.12 FEET;
4. N 43°14'39" W A DISTANCE OF 28.03 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF JOHNSON STREET;
THENCE N 00°12'32" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A
DISTANCE OF 138.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE;
THENCE N 89°39'35" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE A DISTANCE OF 276.48 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 55,957 SQUARE FEET, OR 1.2846 ACRES MORE OR LESS.
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of May 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, June 22nd, 2020 at 7:00 o’clock p.m., as a virtual
meeting, and that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2020.
SIGNED by the Mayor on this _______ day of _______________, 2020.
___________________________ Bud Starker, Mayor
ATTEST: _________________________
Steve Kirkpatrick, City Clerk
Approved as to Form
__________________________ Gerald E. Dahl, City Attorney First Publication: May 14, 2020 Second Publication: June 25, 2020
Wheat Ridge Transcript
Effective Date: July 10, 2020 Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us
Planning Commission 1Case No. WZ-19-07 / Hardi ODP
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
REVIEW DATES: February 6, 2020 (Planning Commission) / April 13, 2020 (City Council)
CASE MANAGER: Scott Cutler
CASE NO. & NAME: WZ-19-07 / Hardi ODP
ACTION REQUESTED: Approval of a zone change from Residential-One (R-1) to Planned Residential Development with approval of an Outline Development Plan (ODP) for the development of four single-family homes and three duplexes.
LOCATION OF REQUEST: 9800 W. 38th Avenue
APPLICANT/OWNER (S): A&K Investments (Ardalan and Kim Hardi)
APPROXIMATE AREA: 55,957 square feet (1.28 acres)
PRESENT ZONING: Residential-One (R-1)
COMPREHENSIVE PLAN: Neighborhood
ENTER INTO RECORD:
(X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN(X) ZONING ORDINANCE (X)DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2 Case No. WZ-19-07 / Hardi ODP
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST Case No. WZ-19-07 is an application for approval of a zone change with an Outline Development Plan (ODP) for property located at 9800 W. 38th Avenue. The purpose of the request is to change the zoning
from Residential-One (R-1) to Planned Residential Development (PRD) to allow for new residential
development on the property comprised of 10 dwelling units, a combination of duplexes and single-family homes. Because the site exceeds one (1) acre in size, the only zone change option is to a planned development.
Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents.
The first is the Outline Development Plan (ODP). The approval of the ODP changes the zoning designation on the land, establishes allowed uses and development standards for the property, and establishes access configurations for vehicles and pedestrians. The second document is the Specific Development Plan (SDP), which focuses on specific details of a development such as site design,
architecture, landscaping, and drainage design. The SDP must be found to be compliant with the ODP
in order to be approved. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP and SDP. In this case, the applicant is requesting sequential review of the ODP and SDP. The ODP
document requires public hearings before the Planning Commission and City Council, with the City
Council being the final deciding body. If the ODP is approved, the applicant can apply for SDP approval. The SDP application will be heard at Planning Commission, who is the final deciding body for SDP approval.
II. EXISTING CONDITIONS/PROPERTY HISTORY
The site is located at 9800 W. 38th Avenue, just east of Kipling Street, at the southeast corner of 38th and Johnson Street (Exhibit 1, Aerial). The property is 55,957 square feet (1.28 acres), is unplatted, and is currently vacant.
The subject property has roughly 275 feet of street frontage along W. 38th Avenue and 140 feet of street frontage along Johnson Street. The southern boundary of the property, which is angled from the southeast to the northwest, contains a drainageway that empties into Lena Gulch via an inlet on the City-owned property west of Johnson. The site has roughly 20 feet of fall from the front to the property
to the rear, sloping from the northeast to the southwest.
Surrounding properties include a variety of land uses and zoning (Exhibit 2, Zoning Map). Immediately to the west across Johnson Street is a vacant parcel zoned Planned Commercial Development (PCD), owned by the City of Wheat Ridge. Beyond that is a parcel zoned Commercial-One (C-1), which
currently contains Appleridge Café. To the southwest of the site is Discovery Park. On the west side of
Kipling Street is the recently developed Kipling Ridge shopping center with Sprouts and Starbucks as major tenants. To the east is the Meadow Haven Subdivision, zoned Residential-Two A (R-2A), consisting of mostly duplexes and a single-family home. To the south are properties zoned Residential-One (R-1), containing single-family homes on large lots. To the north, across W. 38th Avenue, are
Planning Commission 3 Case No. WZ-19-07 / Hardi ODP
properties zoned Residential-Two (R-2), containing a mix of duplexes and single-family homes. A map of the surrounding land uses, including the proposed land uses on the subject parcel, is shown in Exhibit 5, Surrounding Land Uses.
The site has been on and off the market in recent years and the subject of numerous development
inquiries. In 2018, an application for a Planned Residential Development was submitted by a different applicant and property owner. The proposal was for 8 duplexes for a total of 16 dwelling units. That ODP was supported by staff, recommended for approval by Planning Commission, but did not receive enough positive votes to overcome a legal protest at City Council.
III. OUTLINE DEVELOPMENT PLAN Attached is a copy of the proposed Outline Development Plan for the site, which contains two sheets (Exhibit 3, Outline Development Plan). The first page is a cover sheet with certification and signature
blocks for the property owners, Planning Commission, City Council, and the Mayor. There is also a
character of development statement, list of permitted uses, and other standard notes. The second page includes the conceptual layout of the property, including access, open space, and lots. As noted above the ODP is a property-specific zoning document that establishes the underlying development standards. These are described below, would run with the land if approved, and cannot be changed
without going through a subsequent zone change process.
Allowable Uses Uses permitted per the ODP are duplexes, single family homes, open space, and accessory uses (home occupations and household pets). Detached accessory structures such as sheds are not permitted. RV
and boat storage are also not allowed.
Site Configuration The ODP depicts a 10-unit development, with 4 single-family homes and 3 duplexes. Two access points are proposed. Vehicular access is to be gained from two points: a curb cut on 38th Avenue at the
east of the site, and a curb cut on Johnson Street. Garages will face this alleyway which will bisect the
site. A sidewalk is included along this alleyway for pedestrian access. In early designs, including at the Neighborhood Meeting, the applicant proposed one point of access only on 38th Avenue, but due to the need for guest parking and more importantly the need for fire access, two points of access are required.
A large landscaped tract is shown on the southern portion of the site which will accommodate
additional open space as well as drainage detention. No structures could be built in this area. Development Standards Setbacks – The following setbacks are proposed on Page 2 of the ODP:
Proposed
Front setback (38th Avenue) 20 feet
Boundary setbacks (east side and south side) 20 feet
Interior Side setbacks 7.5 feet (single-family) 3 feet (duplex garage) 15 feet (duplex residence)
Interior Rear setbacks 5 feet from drainage tract
Planning Commission 4 Case No. WZ-19-07 / Hardi ODP
The proposed setbacks prioritize buffering from existing residential properties to the south and east. The 38th Avenue setback preserves front yards and a residential character. With the above setback requirements, the buildable portion for each lot is shown on Page 2 of the ODP. The setbacks will result in a large side yard for the duplex at the corner of 38th Avenue and Johnson Street, true front
yards along W. 38th Avenue, and a large protected side setback along the east and south property lines.
Single-family lot sizes range from approximately 3,100 square feet to 7,800 square feet. The lot schematic provided on Page 2 of the ODP shows a typical footprint of a single-family home and duplex on a lot with setbacks shown. The setbacks will limit the overall size of the duplexes and width
of the single-family homes.
Density and Unit Type– The proposed density is 7.81 units per acre (10 units over 1.28 acres), which is more than the current R-1 zoning which allows up to 3.5 units per acre, but far less than the maximum for Planned Developments, which is 21 units per acre. Given the frontage on W. 38th Avenue, a minor
arterial, it is appropriate for the density to serve as a transition between the busy roadway and the R-1
neighborhood to the south. The density is consistent with the neighborhood to the east which includes 5 duplexes (10 units) clustered around Iris Court. The applicant originally envisioned townhomes on the site, but modified the design based on feedback
from the neighborhood meeting and in an effort to achieve compatibility with the existing
neighborhoods Exhibit 5, Surrounding Land Uses. The proposed duplexes and single-family homes are an appropriate land use situated between existing duplexes to the north and east, single-family homes to the south, and commercially zoned property directly to the west across Johnson. If this ODP is approved, an SDP with more than 10 units could not be approved on this site. This ODP will limit this
site to a maximum of 10 units, even if the developer changes in the future. Any increase in density or
unit count would require a new rezoning application and review. Parking – The ODP states that all units shall have two-car garages, and the site as a whole shall include 38 on-site spaces (20 two-car garage spaces, 14 driveway spaces, and 4 additional on-site
spaces) which is an average of 3.8 spaces per unit. On-street parking will be allowed on Johnson Street
adjacent to the site providing an additional 2 spaces, such that the site fully complies with the standard residential requirement of 4 spaces per unit. Building height – Maximum building height is limited to 25 feet for duplexes, except the two end units
which will be 30 feet. End units are slightly taller because of the topography of the site. Single-family
homes will be limited to 28 feet tall. These are significantly lower than the City’s standard 35-foot height limit, effectively limiting the structures to two stories. Architecture – The ODP proposes enhanced facades along 38th Avenue, Johnson Street, and the east
façade of the eastern duplex. No adjacent structures can have the same elevation. An aggregated
minimum of 30% masonry is required on the front facades. Front doors of the duplexes will be oriented to 38th Avenue. The City does not have architectural standards for single-family homes or duplexes, so this proposal exceeds the City’s requirement. Open space – All lot landscaping shall conform to Section 26-502 of the Municipal Code. Each duplex
and single-family lot is required to be 25% landscaped with 100% of the front yard (excluding driveways and sidewalks) landscaped. In addition an open space and drainage tract is being provided which dedicates approximately 11% of the site as additional open space land.
Planning Commission 5 Case No. WZ-19-07 / Hardi ODP
Code compliance – In all other areas, the project is proposed to comply with the zoning code including lighting, fencing, streetscape design, and setback encroachments. Drainage The Engineering Division has no concerns with the Preliminary Drainage Plan & Letter. On-site
detention will be provided to capture runoff from new impervious surfaces and to capture any historical runoff flows. An underground detention pond is proposed under the guest parking area at the west of the site.
A full drainage report and final design will be required at the time of SDP application.
Traffic Traffic from the proposed development is not anticipated to have an impact on traffic in the neighborhood. There are a small number of units and the two entrances will help disburse traffic. The
amount of trips generated by this development is calculated by a standardized method that utilizes the
Institute of Transportation Engineers (ITE) Trip Generation Manual to determine the number of trips based on a proposed land use and number of units. The amount of trips generated by this development would fall well below the requirement for any additional traffic studies or modifications to surrounding streets such as additional turn lanes or traffic signals. 7-8 vehicle trips are expected in the AM peak
hour, and 9-10 vehicle trips are expected in the PM peak hour. This is far below the threshold for
additional traffic analysis, which is 60 trips in the peak hour. W. 38th Avenue is classified as a principal arterial, and average daily traffic counts on 38th Avenue in this area range from 10,000 to 13,000. The trips added by this project will not affect the operations of
W. 38th Avenue. Separate from this project, the City has budgeted for improvements to the 38th and
Kipling intersection in 2020, including an additional left turn lane. IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-303.D. The applicant
also provided a response to the criteria (Exhibit 6, Applicant Letter). The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area.
The proposed development is compatible in terms of land use and density with the surrounding land uses, and the investment contributes to a variety of housing types in the area. The zoning and new housing stock will likely add value to the area. The large setbacks, reduced building heights,
and open space tract will help reduce impacts of the development and again promote compatibility.
The proposed zoning complies with safety and access requirements of the fire district and Engineering Division standards. The project will not result in significant adverse effects on the surrounding area. The proposed single-family and duplex zoning arguably provides a more
compatible land use for the area than alternatives allowed under the current R-1, as the majority of
surrounding uses are already duplexes, and it provides a transition to the more intensive commercial uses to the west (Exhibit 5, Surrounding Land Uses).
Planning Commission 6 Case No. WZ-19-07 / Hardi ODP
The development to the east on Iris Court is zoned Residential-Two A (R-2A) and consists of 10 units on approximately 1.5 acres. The proposed ODP consists of 10 units on approximately 1.28 acres, only slightly denser. While the proposed ODP is denser than the R-1 zoned single-family neighborhood to the south on W. 37th Avenue, denser development is typically located along
arterials to serve as a transitional land use. The positioning of single family homes on the south
side of promotes an even smoother transition. The site has been vacant for many years, and over the last decade has served as a construction staging area several times for nearby capital improvement projects. The proposed zoning and
subsequent investment are an appropriate use and will not have an adverse effect.
Staff concludes that this criterion has been met. 2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions.
The current R-1 zoning would allow up to four single-family homes on the property when looking solely at the land area, but redevelopment of four lots under R-1 would be impossible without variances due to the size, shape, and topography of the site. It is likely that any development under
R-1 would require variances or a PRD zoning to facilitate development. The applicant desires a
mix of duplexes and single-family homes to be more compatible with the surrounding uses, which would not be possible under the R-1 zoning. Because the site is over one (1) acre, City Code does not allow it to be rezoned to a “straight zone
district” such as R-2A or R-3 which could potentially accommodate the proposed type of
development. Section 26-301.B.2 requires any application for a zone change for residential properties over one (1) acre in size to be to a planned development (PRD). Given the proposed use, the surrounding conditions, the requirement for a water quality tract, and
the surrounding conditions, the PRD zoning is the most appropriate zone change option. It will also
allow the applicant to commit to reduced building height and enhanced architecture and landscaping not normally required in other zone districts, including R-1, R-2, and R-2A. Staff concludes that this criterion has been met.
3. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All of the service providers and utility districts have indicated that they have no concerns with the proposal and have indicated they can serve the property with improvements installed at the
developer’s expense. The development of the site will require upgrades to the sidewalks and curb ramp along the street frontages of the site. Exact requirements will be imposed at time of the SDP and subdivision plat review. Staff concludes that this criterion has been met.
4. The Planning Commission shall also find that at least one (1) of the following conditions exists:
Planning Commission 7 Case No. WZ-19-07 / Hardi ODP
a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Envision Wheat Ridge, the City’s 2009 comprehensive plan, is organized around six key values, one of which is to “promote vibrant neighborhoods and an array of housing options.” With
single family homes, duplexes, and age-restricted facilities; the area already has a diversity of
housing options. The proposed mix of duplexes and single-family homes on this site introduces a complementary option that reflects this key value of the comprehensive plan. Within Envision Wheat Ridge, the Structure Plan map provides high-level guidance for
achieving the City’s vision by designating development priorities and future land areas (Exhibit
4, Comprehensive Plan). The “neighborhood” designation encompasses the 38th Avenue corridor east of Johnson Street. West of Johnson Street, it is designated as “mixed-use commercial” and “primary commercial corridor”, plus “community commercial center” at the intersection of 38th Avenue and Kipling Street, which is only 350 feet from this site.
The neighborhood area encourages improvement of underutilized properties, including small-scale residential redevelopment in areas with increasing incompatibility of uses. A large vacant property within a block of the Kipling corridor and intensive commercial uses is arguably incompatible and in need of investment. The proposed zone change is consistent with the
neighborhood designation, and the project supports the City’s stated goals of increasing options for homeownership and attracting a range of household types. It will also act as a transition from the higher-intensity Kipling corridor to the duplexes and single-family neighborhoods to the east and south of the site.
Large swaths of the City currently designated as “neighborhood” contain duplexes or even denser development such as triplexes or small apartment complexes. This application is fully in compliance with the comprehensive plan by its proposed investment in a vacant site, by providing housing options, and by its compatibility with the adjacent neighborhoods.
Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error.
Staff finds no evidence of an error on the official zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing
character of the area. The area has seen an increasing mix of housing types and densities, as well as additional commercial redevelopment. The investments and changes complement the diversity of land
uses in the area and strengthen the residential and commercial markets. Multiple development sites are located within 1,000 feet of this location, including a duplex plat that was approved by
Planning Commission 8 Case No. WZ-19-07 / Hardi ODP
City Council at 10191 W. 38th Avenue in 2019 and a site plan for a commercial building at 10040 W. 38th Avenue that has been administratively approved. Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan.
Staff finds no evidence of an unanticipated need. The proposed zone change responds directly
to goals identified in the comprehensive plan. Staff concludes that this criterion is not applicable.
Staff concludes that the criteria used to evaluate zone change support this request.
VII. NEIGHBORHOOD MEETING & PUBLIC INPUT Pursuant to Section 26-109 of the Code of Laws, the applicant notified all property owners and
residents within 600 feet of the site of the neighborhood meeting. Neighborhood meetings are required
prior to submittal of an application for a zone change. The neighborhood input meeting was held on October 3, 2019. Eighteen (18) members of the public attended the meeting in addition to the applicant and staff. A full summary of the meeting is attached
in Exhibit 7, Neighborhood Meeting Notes. In response to comments made at the neighborhood
meeting, the applicant reduced the total number of units by two (from 12 to 10) and changed the townhomes to duplexes to reduce impacts on the neighborhood. Public noticing is required prior to public hearings. If any comments are provided prior to the Planning
Commission public hearing on February 6, they will be entered into the record and distributed to
Commissioners at the public hearing. Comments collected on Wheat Ridge Speaks will also be reviewed by Planning Commissioners and entered into the public record. VIII. AGENCY REFERRAL
All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Engineering Division: No concerns with the ODP. Access configuration is
supported as is preliminary drainage.
Wheat Ridge Economic Development: No comments at this time. West Metro Fire Protection District: No objections, can serve.
Consolidated Mutual Water District: No objections, can serve. Westridge Sanitation District: No objections, can serve.
Planning Commission 9 Case No. WZ-19-07 / Hardi ODP
Xcel Energy: No objections, can serve. Century Link: No comments. Comcast: No comments.
IX. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed rezoning and Outline Development Plan are consistent with the
zone change criteria. Because the requirements for an ODP have been met and the review criteria
support the ODP, a recommendation for approval is given. X. SUGGESTED MOTIONS – ZONE CHANGE (ODP)
Option A:
“I move to recommend APPROVAL of Case No. WZ-19-07, a request for approval of a zone change from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 9800 W. 38th Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community
and does not result in an adverse effect on the surrounding area.
2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan. 3. The proposed zoning, density, and land use are consistent with the intent of a planned development, compatible with surrounding land uses, and will result in a high-quality
development.
4. The infrastructure in the area can support the development. 5. The criteria used to evaluate a zone change support the request. Option B: “I move to recommend DENIAL of Case No. WZ-19-07, a request for approval of a zone change from
Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 9800 W. 38th Avenue, for the following reasons: 1. 2.
3. …”
Planning Commission 10 Case No. WZ-19-07 / Hardi ODP
EXHIBIT 1: AERIAL
Planning Commission 11 Case No. WZ-19-07 / Hardi ODP
EXHIBIT 2: ZONING MAP
Planning Commission 12 Case No. WZ-19-07 / Hardi ODP
Attached as an 11x17 document on the following page.
EXHIBIT 3: OUTLINE DEVELOPMENT PLAN
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9800 W. 38TH AVE., WHEAT RIDGE, CO 80033
CONTACT: ARDALAN HARDIPHONE: (303) 912-4337EMAIL: ARDALANH27@GMAIL.COMCIVIL ENGINEER
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A PARCEL OF LAND BEING A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THENORTHWEST 1/4 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED ASFOLLOWS:BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 27BEING N 89°39'35” E, CITY OF WHEAT RIDGE DATUM AND MONUMENTED AS FOLLOWS:-NORTHWEST CORNER OF SECTION 27, BEING A FOUND 3.25” ALUMINUM CAP IN RANGE BOX, PLS 29757,PER MON. REC. DATED 1-14-13, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15409.-NORTH 1/4 CORNER OF SECTION 27, BEING A FOUND 3.25” BRASS CAP IN RANGE BOX, PLS 13212, PERMON. REC. DATED 5-5-06, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15509.POINT OF COMMENCEMENT AT THE NORTHWEST CORNER OF SECTION 27;THENCE N 89°39'35" E ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 27 A DISTANCE OF662.91 FEET;THENCE S 00°11'55" E A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF MEADOW HAVENSUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 86051870 AND THE POINT OF BEGINNING;THENCE S 00°11'55" E ALONG THE WESTERLY LINE OF SAID MEADOW HAVEN SUBDIVISION AND THEEXTENSION THEREOF A DISTANCE OF 247.00 FEET TO A POINT ON THE NORTHERLY LINE OF WESTHAVENSUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 51495593;THENCE ALONG SAID NORTHERLY LINE OF WESTHAVEN SUBDIVISION THE FOLLOWING FOUR (4) COURSES:1.N 84°09'48" W A DISTANCE OF 40.12 FEET;2.N 66°49'07" W A DISTANCE OF 66.72 FEET;3.N 70°16'31" W A DISTANCE OF 166.12 FEET;4.N 43°14'39" W A DISTANCE OF 28.03 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OFJOHNSON STREET;THENCE N 00°12'32" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 138.53 FEET TO A POINTON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE;THENCE N 89°39'35" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE A DISTANCE OF276.48 FEET TO THE POINT OF BEGINNING.THE ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 55,957 SQUARE FEET, OR1.2846 ACRES MORE OR LESS.SEE SHEET 2 OF 2 FOR DEVELOPMENT STANDARDS SURVEYORSURVEY 303, LLCCONTACT: CHRIS MCELVAIN, PLS5368 LYNN DR.ARVADA, CO 80002PHONE: (303) 514-3668 OWNER / DEVELOPER
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I, CHRISTOPHER H. MCELVAIN, DO HEREBY CERTIFY THAT THE SURVEY OF THEBOUNDARY OF HARDI SUBDIVISION WAS MADE BY ME OR UNDER MY DIRECTSUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, INACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISEDEDITION AS AMENDED, THE ACCOMPANYING PLAN ACCURATELY REPRESENTS SAIDSURVEY.CHRISTOPHER H. MCELVAIN, PLS 36561, FOR AND ON BEHALF OF SURVEY303, LLC SURVEYOR'S CERTIFICATE
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DENVER, CO
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9800 W. 38TH AVE., WHEAT RIDGE, CO 80033
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G:\Shared drives\Projects\2018\BB18-001 - 38th & Kipling\ODP\8001 - ODP SITE PLAN-10-HARDI.dwg, 1/6/2020 2:36:35 PM, PDF.pc3
Planning Commission 14 Case No. WZ-19-07 / Hardi ODP
The following is an excerpt from the Structure Map within the Comprehensive Plan.
EXHIBIT 4: COMPREHENSIVE PLAN
Subject Property
W. 37th Ave
W. 38th Ave
Ki
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g
S
t
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S
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Planning Commission 15 Case No. WZ-19-07 / Hardi ODP
This diagram is intended to show the surrounding land uses and how the proposed PRD would align with the
adjacent uses.
EXHIBIT 5: SURROUNDING LAND USES
Planning Commission 16 Case No. WZ-19-07 / Hardi ODP
ODP Application Request
Hardi Subdivision
Project Description:
The Planned Residential Development will enhance an underutilized infill site near the intersection of 38th and
Kipling. The development will promote pedestrian connectivity and interaction with the surrounding
communities and commercial centers. It will provide a variety of unit types, including single family homes and
duplexes, and meets the City of Wheat Ridge Code requirements of Section 26-301C. The proposed
development is a transitional community designed to allow buffering and density transition from the
commercial center to the west and the duplexes to the north and east. The neighborhood features a unique
character with a variety of architectural designs. Homes will feature traditional architectural design while
including a variety of materials that meet Wheat Ridge’s architectural guidelines. The development features a
communal landscaped open space allowing residents to enjoy the natural beauty of the area, which creates
community synergy. Materials and color palettes will be predetermined in the Specific Development Plan to
affirm consistent streetscapes. The community will feature entry signage with trees and landscaping. The
pedestrian friendly neighborhood allows convenient access to bus routes on W 38th Ave
Criteria for Review:
We believe that the change of zone promotes the health, safety, and general welfare of the community
and will not result in a significant adverse effect on the surrounding area. The development proposed
on the subject property is not feasible under any other zone district and would require an
unreasonable number of variances or waivers and conditions. We have contacted Consolidated
Mutual and Westridge Sanitation District and they have facilities that border the west and north sides
of the site. We will have to bring water and sanitary internally into the site to serve the proposed
homes. We believe we meet three of the conditions of 26-303.D.4 being:
a. The change of zone is in conformance, or will bring the property into conformance with, the
City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city-
approved policies or plans for the area. This area is shown to be a recreation and commercial
center, and a higher density project fits well into both of those use categories.
c. A change of character in the area has occurred or is occurring to such a degree that it is in the
public interest to encourage redevelopment of the area or to recognize the changing character
of the area. As stated above, the development in the area including the commercial center
with the Sprouts, the new MorningStar Assisted Living and Memory Care, Starbucks, Wheat
Ridge Recreation Center, etc. creates a public interest for a pedestrian friendly development
that takes advantage of the nearby amenities.
d. The proposed rezoning is necessary in order to provide for a community need that was not
anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. We
believe a rezone in necessary to take advantage of the investment made at the busy 38th &
EXHIBIT 6: APPLICANT LETTER
Planning Commission 17 Case No. WZ-19-07 / Hardi ODP
Kipling intersection. These units will be perfect starter homes for young families and
professionals who seek out low maintenance living, and people who attach high value in being
able to walk for most of their daily needs. The millennial generation is also adopting mass
transit use at a higher rate than other generations, which is perfect because of the sites
proximity to the RTD bus line.
Zone Change Justifications:
A zone change is needed to that this underutilized infill site can be a medium density development for the
owners to take advantage of all the nearby amenities without needing to use their cars. The present and future
affect will be good on the nearby communities as this new development will bring young educated professionals
and families into the area to help support the commercial and residential communities.
The project will be serviced by public facilities and services including fire, police, roadways, parks, schools,
etc. There will be added load to the water and sanitation facilities, but there is adequate capacity for the project.
Stormwater will be detained and treated to match or improve upon existing discharge rates.
This project will be accessed from either 38th Ave or Johnson St. It is projected the project will add
approximately 1% contribution to traffic counts on 38th Ave. Because of the dedicated turn lane on 38th Ave,
no turn restrictions from Johnson or 38th Ave are predicted to be needed at this time.
Sincerely,
Ardalan and Kim Hardi
Planning Commission 18 Case No. WZ-19-07 / Hardi ODP
NEIGHBORHOOD MEETING NOTES Meeting Date: October 3, 2019
Attending Staff: Stephanie Stevens, Senior Planner
Scott Cutler, Planner II
Location of Meeting: City of Wheat Ridge City Hall – Council Chambers
Property Address: 9800 W. 38th Avenue
Property Owner(s): Ardalan Hardi Kim Orttel Hardi
Property Owner(s) Present? Yes
Applicant: Ardalan Hardi & Kim Hardi, Christine Simcox
Applicant Present? Yes
Existing Zoning: Residential-One (R-1)
Existing Comp. Plan: Neighborhood; Community Commercial Center
Existing Site Conditions: The property is located at the southeast corner of W. 38th Avenue and Johnson Street and is currently
vacant land. There is only one parcel that makes up the property. According to the Jefferson County
Assessor’s Office, it measures 55,957 square feet (1.285 acres) and is unplatted. The southern boundary of the property, which is angled from the southeast to the northwest, currently contains a drainageway that empties into Lena Gulch via an inlet on the City-owned property west of Johnson. The site has roughly 20 feet of fall from the front of the property to the rear, sloping from the northeast
to the southwest.
The property is currently zoned Residential-One (R-1). Surrounding properties include a variety of land uses. Immediately to the west across Johnson Street is a vacant parcel zoned PCD, owned by the City of Wheat Ridge. Beyond that parcel is a property zoned C-1, containing the Appleridge Café. To
the southwest is the City of Wheat Ridge’s Discovery Park. On the other side of Kipling Street is the
recently developed Kipling Ridge development that includes Sprouts and Starbucks. To the east is the Meadow Haven Subdivision, zoned R-2A, consisting of single family and duplex residences. To the south are properties zoned R-1 containing single family homes. To the north, across W. 38th Avenue, are properties zoned R-2.
EXHIBIT 7: NEIGHBORHOOD MEETING
Planning Commission 19 Case No. WZ-19-07 / Hardi ODP
A land use application was put forth last year to rezone this site from R-1 to Planned Residential Development (PRD) to allow for duplexes (16 units total) with smaller setbacks. The case was ultimately denied at a City Council hearing in July of 2018.
Applicant/Owner Preliminary Proposal:
The applicant would like to rezone the property to Planned Residential Development (PRD) to allow for 4 single-family homes and 8 townhome units. The applicant has owned the property since 2018. The site plan presented showed the 8 townhome units in one building along W. 38th Avenue. A private
drive connecting to 38th Avenue on the east side would allow access to all units. The 4-single family
homes would be on the south side of the drive, with backyards acting as a buffer to the south. Each unit would contain a 2-car garage, and the single-family homes would have driveways for additional parking. A parking lot was also provided on-site for additional parking, in response to previous concerns about parking in this area. No connection would be made to Johnson Street. The single-
family homes would be 2 stories, and the townhomes would be 2 stories on the 38th Avenue side, and 3
stories on the private drive side to allow for tuck-under garages.
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, approximately 18 members of the public attended the neighborhood meeting, per the sign-in sheet.
• Staff discussed the site and its zoning.
• The applicant and members of the public were informed of the process for a Planned Development.
• The members of the public were informed of their opportunity to make comments during the process and at the public hearings.
• Meeting attendees were able to provide comments on the proposal. The following comments were made regarding the PD request and proposed development:
• How were parking issues resolved from the previous proposal?
The application is different because there are fewer units (now 12) and a parking lot was added
on the west side of the project to account for additional parking needs. Each unit will have a two car garage and the single-family homes also have driveways for additional parking. The applicant and ownership is also different from the 2018 proposal.
• How tall will the units be?
The single-family homes will be 2 stories; basements may or may not be included. The townhomes will be 2 stories as viewed from 38th Avenue, with tuck-under garages facing the internal street/alley so from that southern side they will appear as 3 stories.
• Where will water detention be?
The property slopes to the west side and an underground water detention facility is proposed under the parking lot. The existing flow of the drainage will collect in the facility under the parking lot.
• What is the sale price of the units?
Not sure at this time because it depends on building costs and the economy. Possibly 450-500k but unsure due to multiple factors.
• Will the units be owner-occupied?
Planning Commission 20 Case No. WZ-19-07 / Hardi ODP
Opportunities for owner-occupancy is the goal, and each unit will be for-sale from the start.
The applicant stated they intend to own the single-family home in the southeast corner as a way to downsize from their current home at 34th Place and Kipling.
• How long have you lived in the area?
The applicant has lived at 34th Place and Kipling since 2002, and their kids went to Wheat
Ridge High School.
• How large will the units be?
The single-family homes will be 1,500 to 1,800 square feet, closer to 1,800.
• Is the property under contract? The applicant already owns the property.
• What are the proposed setbacks from 38th Avenue for the townhomes?
Setbacks are currently shown at 15 to 20 feet, and may be refined through the application
process. The PRD zoning allows for negotiation from the standard setbacks. Due to the slope of
the site, some units will be closer to 15 feet and others will be set back 20 feet. Staff noted each zone district has different setbacks.
• There were concerns about snow and ice on 38th Avenue that would be amplified by additional
development in the area.
• There was a positive comment regarding the lack of an entrance onto Johnson Street.
• Why can’t the property stay R-1?
Staff explained that a Planned Residential Development may still be necessary even when
developing under the R-1 density allowances due to the topography of the site, wedge shape,
access issues. PRDs also allow for cohesive development standards, including architectural and open space, that straight zone districts like R-1 do not guarantee.
• Further comments were made about developing under R-1 or rezoning to R-2. Concerns were
raised about the compatibility of the site with the surrounding neighborhood.
• Why don’t the townhomes have green space? Could they be broken up so there is more green space between the units or in the front yards? There are tradeoffs because larger spaces between the units may require the elimination of
additional parking, which was also raised as a previous concern. The applicant stated their
goal was to develop 12 units on the site at about 9 units to the acre. They liked the idea of enhanced open space and discussed their ideas for enhanced landscaping along 38th Avenue.
• Concerns were raised about the “domino effect” of zone changes.
• The applicant stated that the property has a history of code enforcement issues and is currently a vacant lot. They believe developing it will improve the value of the corridor and neighborhood and will contribute positively to property values.
• Does the PRD circumvent the R-1 zoning and density?
The applicant did not believe so; their intent is to provide a high quality development, not
circumvent zoning.
• It was acknowledged that the current plan is better than the previous proposal but there will still concerns about the effect of the PRD zoning. R-2 zoning was brought up again.
• Could the north side become 3 single-family homes instead, not townhomes? Or possibly duplexes? The applicant did not think the project would work financially, and expressed skepticism of the marketability of single-family homes right along 38th Avenue a block away from commercial.
Staff also noted that a proposal of 6 single-family homes (3 along 38th, 3 along alley) would
still require rezoning to PRD.
• Concerns were raised about the PRD zoning and established development standards.
• Private space should be provided for the townhome residents.
Planning Commission 21 Case No. WZ-19-07 / Hardi ODP
• People pay a premium to live in R-1 zoning, and this proposal would change that and is detrimental to the neighborhood because of increased density. Covenants should be enforced. The applicant stated that they think this development would have a positive impact on
surrounding property values.
• There were objections to the wall of townhomes along 38th. Staff was thanked for facilitating the meeting and acting as a mediator, and the applicant’s ambition was acknowledged.
• There were comments about other townhome and apartment developments in Wheat Ridge.
• Single-family is still viable in the area. Look at the new developments on 38th/Parfet (a reference to the Fireside at Applewood PRD at 38th/Tabor). The applicant noted that that site is very different from this site, which is a block from the busy commercial Kipling corridor. They believe it is a good transition from the duplexes to the east to the commercial areas to the west which is intensive commercial. The area is changing.
• There is a park nearby which means that the area isn’t completely commercial. The applicant disagreed and said the area is predominately commercial, and that the park is an amenity to this development. The only single-family nearby is to the south and east.
• A comment was made about how single-family homes can be compatible along 38th Avenue with good design, such as incorporating trees and walls to mitigate noise.
• A comment was made about the 38th Avenue corridor and the 4 lane vs. 2 lane debate.
Prior to the neighborhood meeting, staff received 2 comments from others in the area regarding the
proposal: 1 phone calls and 1 letter. Should this proposal become a land use case, all written statements will be included in the case file, along with this meeting summary.
ATTACHMENT 3
Wheat Ridge Speaks
Published Comments for February 6, 2020 Planning Commission
Meeting
Zone change from Residential-One (R-1) to Planned Residential
Development (PRD) at 9800 W. 38th Avenue (Hardi ODP)
I think the plans for residences at that location is very sound. It’s much better than a commercial property.
It would be a very good fit.
02/03/2020 3:35 pm
Jeff Johnson
2961 Kendrick St
Golden, 80401
I have been a Wheat Ridge resident for 44 years. We built our home here very close to the subject
property,needless to say we have seen a lot of changes. I feel this would be such a welcome addition to
the neighborhood and the city of Wheat Ridge. It would fit very well with existing structures and the
surrounding area.
I do not want to see any more commercial buildings or apartments in our area I feel we have plenty of
those already in the area. This plan would be keeping with the residential neighborhood of the area.
Barbara Carmosino
02/03/2020 7:29 pm
Barbara Carmosino
3425 Miller st
Wheat Ridge, 80033
I have known Hardi for the past 22 years. Hardi has always had a extremely strong sense of community. I
have been a resident of Wheat Ridge since 1964 and have seen many changes over the years. I feel that
what Hardi is proposing would be a strong addition to Wheat Ridge first because when Hardi does
anything it is always with everyone else in mind. Second is that this will not be a location of apartments
which Wheat Ridge has more than we need, third is that this will not develop into some type of
commercial property.
I drive by this location many times a week and would love to see something as nice as Hardi and Kim are
proposing.
David V Brewer
02/04/2020 6:56 am
DAVID V BREWER
10650 W 32nd Place
Wheat Ridge, 80033
ATTACHMENT 4
Wheat Ridge Speaks
Published Comments for April 13, 2020 City Council Meeting
Item 3 - Zone Change from Residential-One (R-1) to Planned
Residential Development (PRD) at 9800 W. 38th Avenue
As a former resident of Wheat Ridge, I'm glad to see the interest in this vacant area. We find our selves
visiting friends that live in this area and it's encouraging to see interest in the useful development of this
plot. This certainly would be an improvement for the immediate neighborhood and a compliment to the
city of Wheat Ridge.
04/06/2020 7:23 pm
Stan Fossum
4416 S Andes Way
Aurora, 80015
This proposed residential community looks to be very thoughtfully planned - not only for the new
residents, but also for the existing surrounding neighbors. I think it speaks volumes that the property
owners/developers, Ardalan and Kim Hardi, will plan to relocate into this new community. That’s putting
your money where your mouth is and really standing behind your product. How many other developers
would move into the community they built, especially one that will be as intimate as this!
As a (nearly) lifelong resident of Applewood and Golden, it’s encouraging to see areas in surrounding
communities get an opportunity to be developed into something beautiful and beneficial. This community
will be another gem for the City of Wheat Ridge!
04/08/2020 1:32 pm
Jamie Biesemeier-Wilkins
5018 Juniper Way
Golden, 80403
I am a Wheat Ridge business owner and give this proposed development my full support. I think the plan
is an excellent transition from the mixed housing of duplexes and single-family homes to the busy
commercial Kipling corner.
Dennis Overton
4955 Miller st
Wheat ridge co 80033
04/11/2020 11:28 am
Dennis Overton
4955 miller st
Wheat ridge, 80033
I am not opposed to the development of this site. I am, however, vehemently opposed to the change in
zoning. I think the PRD zoning is unnecessary and inappropriate for a property surrounded by R-1 and R-
2 (with a strip of park land across the street to the west). My worry, as stated innumerable times, is that
the zoning change will be used as precedent to encourage developers to move south through the R-1
neighborhood, turning a lovely area of ranch-style homes into a hell-hole of 35-foot townhomes.
I think, if council approves this zoning change, it should also provide a guarantee - if not carved in stone,
then formalized by statute - that there will be no other zoning changes allowed in this area. R-1 and R-2
only - no more PRD (or PCD) will be permitted.
04/13/2020 10:05 am
Margaret G. Nelson
9865 W 37th Ave
Wheat Ridge, 80033
Living just across 38th Avenue from this property, I've been watching each of the proposals for
development. I'm happy to say that this is the best one so far. If it's built as presented in this application,
I feel it will not adversely impact my property here. I'm especially pleased that the central portion of the
duplex homes will be built to a low height. This should reduce the street noise reflected towards my
home. This is a steep section of street, where drivers often gun their engines up the hill, so this issue is
especially important here. Please ensure that, whatever detail changes are made in the final plan, that
this streetside building profile is maintained.
Because of that steepness, I'd ask you to consider making the West 38th Avenue driveway right turn
only. Traffic in this direction is moving uphill, and more slowly. A left turn here is more hazardous,
because the street grade steepens above the driveway exit, and this limits sight lines. Some westbound
motorists are already moving towards the center turn lane at this point, and this may further interfere with
left turns onto the street.
04/13/2020 10:21 am
John McMillin
9801 West 38th Ave.
Wheat Ridge, 80033
This PRD proposal is too tall and too dense for this property. The alley proposed, rather than a street,
provides no overflow parking alternatives for the residents or for visitors within this subdivision. Overflow
parking from the surrounding duplexes has been on this vacant property. The alternative for overflow
parking would be on Johnson Street and in the parking areas designated for Discovery Park. The
increased resident parking would put undo hardship on the property owners on Johnson Street as well as
those Wheat Ridge Citizens wishing to use the facilities of Discovery Park.
The 20 ft proximity of the duplexes to 38th Ave would be prohibitive to future improvements to this highly
traveled and already congested intersection of 38th and Kipling. The 30 foot height of the duplexes would
over shadow the already dangerous slope on 38th ave and would prevent natural thaw of snow and ice.
The entrance from 38th would also add to the congestion of this dangerous intersection.
The Hardis purchased this property with an R-1 designation. The present Zoning would allow them to
build four high quality single family homes on this property which would be a positive addition to the
neighborhood. This zone change allowing four houses and three duplexes would be an encroachment on
the neighborhood as well as on the citizens of Wheat Ridge whose tax dollars went to build Discovery
Park for the enrichment of the entire community.
04/13/2020 11:55 am
Carol Mathews
3851 Hopt Street
Wheat Ridge, 80033
I would like to see this type of upgrade development in this area of Wheat Ridge. It is my opinion that if
we don't develop the area with attractive homes this area could start becoming like a Commerce City
with low grade development projects and bring in undesired businesses like the adult bookstore on 44th
Avenue cross from the Truck Stop property. I like the idea of long time residents like the Hardi's investing
in their local area and enhancing the community. I see this as a positive improvement! I have operated
my electrical business in
Wheat Ridge since 1979. .
Daniel W. Mountain, President
Mountain Brothers Electric Company
4395 Pierson Street
Wheat Ridge, CO 80033
04/13/2020 11:46 am
Daniel W Mountain
13847 W. 22nd Avenue
Golden, 80401
ITEM NO: DATE: June 22, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 12-2020 – AN ORDINANCE
APPROVING THE REZONING OF PROPERTY LOCATED
AT 11700 W. 46TH AVENUE FROM AGRICULTURAL-ONE (A-1) TO RESIDENTIAL-TWO (R-2) (CASE NO. WZ-20-04 /11700 W. 46TH AVE)
PUBLIC HEARING ORDINANCES FOR 1ST READING (06/22/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/27/2020) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________
Community Development Director City Manager
ISSUE: The applicant is requesting approval of a zone change from Agricultural-One (A-1) to
Residential-Two (R-2) for property located at 11700 W. 46th Avenue. The zone change will result in a zoning that matches surrounding zoning designations. It will also address the site’s existing nonconforming conditions such that the existing duplex will go from a legal nonconforming use to a legal and conforming use that complies with the zoning.
PRIOR ACTION:
Planning Commission will review this request at a public hearing to be held on July 16, 2020. The staff report and a copy of the Planning Commission minutes will be available with the ordinance for the July 27, 2020 public hearing.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the
amount of $865 were collected for the review and processing of Case No. WZ-20-04. If the rezoning is approved, the City may benefit from building permit fees from any permit for an addition or accessory structure that is not presently allowed due to lot coverage restrictions.
3
Council Action Form – Proposed Rezoning at 11700 W. 46th Avenue
June 22, 2020
Page 2 BACKGROUND: The property is located at the southwest corner of W. 46th Avenue and Swadley Street. It is one
block north of W. 44th Avenue and just east of Tabor Street. Immediately to the south of the property is land that is entitled for the Clear Creek Terrace townhome development project which is zoned Planned Residential Development (PRD). To the north, east, and immediate west are low-density residential properties which are zoned Residential-Two (R-2) and Residential-
Three (R-3).
The property is currently zoned Agricultural-One (A-1), and is one of the only A-1 properties in the immediate vicinity. According to the Jefferson County Assessor, the lot area measures 14,025 square feet (0.32 acres) in size and contains a duplex built in 1968.
Current Zoning
The A-1 zone district was established to provide high quality, safe, quiet and stable residential
estate living environment within a quasi-rural or agricultural setting. In addition to large lot, single-family residential and related uses, agricultural uses and activities will exist and be encouraged to continue. The site is considered legally nonconforming based on the lot size, lot coverage, setbacks, and the presence of a duplex. Duplexes are not permitted in the A-1 zone
district, but it is considered legally nonconforming because it was built before the City’s
incorporation in 1969.
Per Sec. 26-120.C, nonconforming lots, uses, and structures that are considered legally nonconforming are allowed to continue to exist, as long as certain provisions are met. Any one- or two-family dwelling structure or customary accessory structures may be enlarged, altered or
added to provide that all lot coverage requirements of the zoning district in which the structure is
located are met. Because the existing structure already exceeds the lot coverage requirements for the zone district (currently at approximately 26% lot coverage), no other structure may be built on the lot, i.e. no addition or accessory structure can currently be built.
Proposed Zoning
While the land use and lot size are compatible with the surrounding neighborhood, they are not
compatible with the underlying A-1 zoning. The applicant has proposed to rezone the property from A-1 to R-2 to remedy this issue. The zone change will bring the lot and existing duplex into compliance with the zoning code, and it will allow for a future addition of an attached garage and sunroom. The R-2 zone district was established to provide high quality, safe, quiet and stable low
to moderate-density residential neighborhoods, and permits duplexes.
The development standards of the two zone districts (A-1 and R-2) are the same in terms of architectural requirements (neither have architectural standards) and building height (maximum 35’). For all other standards, the R-2 district is far more compatible with the existing conditions on the subject property.
RECOMMENDATIONS:
The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application.
Council Action Form – Proposed Rezoning at 11700 W. 46th Avenue
June 22, 2020
Page 3 As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10;
Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes
place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant
and all interested parties have their due process rights to a hearing, the City Attorney advises
Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission packet and minutes will be included in the City Council packet for the public hearing.
RECOMMENDED MOTION: “I move to approve Council Bill No. 12-2020, an ordinance approving the rezoning of property located at 11700 W. 46th Avenue from Agricultural-One (A-1) to Residential-Two (R-2), order it published, with public hearing set for Monday, July 27, 2020 at 7:00 p.m. as a virtual meeting,
and that it take effect 15 days after publication.”
or, “I move to deny Council Bill No. 12-2020, an ordinance approving the rezoning of property
located at 11700 W. 46th Avenue from Agricultural-One (A-1) to Residential-Two (R-2) on first
reading, for the following reasons: .” REPORT PREPARED/REVIEWED BY: Zareen Tasneem, Planner I
Lauren Mikulak, Planning Manager
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 12-2020
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________
COUNCIL BILL NO. 12 ORDINANCE NO. _________ Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 11700 W. 46TH AVENUE FROM AGRICULTURAL-ONE (A-1) TO RESIDENTIAL-TWO (R-2) (CASE NO. WZ-20-04/11700 W. 46TH AVE) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Mary Ann Fake has submitted a land use application for approval of a zone change to the Residential-Two (R-2) zone district for property located at 11700 W. 46th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for encouraging reinvestment in a property, maintaining consistent character, and consistent maintenance for properties located in established Neighborhood areas; and,
WHEREAS, the zoning will bring the property into conformance with the surrounding zoning and land uses in the area; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on July 16, 2020 and voted to recommend ______________ of rezoning the property to Residential-Two (R-2), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Mary Ann Fake for approval of a zone change ordinance from Agricultural-One (A-1) to Residential-Two (R-2) for property located at 11700 W. 46th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge
City Council, a zone change is approved for the following described land:
A PARCEL OF LAND SITUATED IN THE WEST ONE-HALF OF LOT 14, LEE'S SUBDIVISION, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE NORTH LOT LINE OF SAID LOT 14, WHICH
POINT IS LOCATED 331.16 FEET WEST OF THE NORTHEAST CORNER OF
THE SAID LOT 14; THENCE WEST ALONG THE NORTH LOT LINE OF THE SAID LOT 14, A DISTANCE OF 165 FEET TO A POINT; THENCE SOUTH ON AN ANGLE OF 90 DEGREES TO THE LEFT A DISTANCE OF 85 FEET TO A POINT; THENCE EAST ON AN ANGLE OF 90 DEGREES TO THE LEFT A
DISTANCE OF 165 FEET TO A POINT; THENCE NORTH ON AN ANGLE OF
ATTACHMENT 1
90 DEGREES TO THE LEFT A DISTANCE OF 85 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 22nd day of June, 2020, ordered it published with Public Hearing and consideration
on final passage set for Monday, July 27, 2020 at 7:00 o’clock p.m., as a virtual
meeting, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2020.
SIGNED by the Mayor on this _______ day of _______________, 2020. ________________________ Bud Starker, Mayor
ATTEST: ______________________________ Steve Kirkpatrick, City Clerk
Approved as to Form ________________________ Gerald Dahl, City Attorney
1st publication: 2nd publication:
Wheat Ridge Transcript:
Effective Date:
ITEM NO: DATE: June 22, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE AN APPOINTMENT TO FILL A
DISTRICT I VACANCY ON THE PLANNING COMMISSION
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ City Clerk City Manager
ISSUE: Due to the recent resignation of Richard Peterson from the Planning Commission, a vacancy in City Council District I currently exists. The term of this position expires on March 2, 2021.
FINANCIAL IMPACT: None
BACKGROUND: Following the resignation of Richard Peterson from the Planning Commission, the City Clerk’s office advertised the position in manners prescribed by city code. Applications for the position have been received recently from:
•Tiamo Wright, 6340 W. 30th Ave. (D I)
•Mark Eskow, 3275 Newland St. (D I)
•Ari Krichiver, 3360 Newland St. (D I)
•Andy Lindgren, 3710 Parfet St. (D III)
Applications on file include:
•Vivian Vos, 6920 W. 47th Place (D II)
•Carol Mathews, 3851 Hoyt St. (D IV)
4
Council Action Form – Planning Commission Vacancy
June 22, 2020
Page 2 Section. 2-53 (c) of the City Code states in part: “………All appointments to all boards and
commissions shall be made to achieve equal representation from each council district to each
board or commission. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on any board or commission, the council may appoint any otherwise qualified resident……… “ RECOMMENDED MOTION:
“I move to appoint _________________________________ to the Planning Commission for District I to fill a vacancy, term ending March 2, 2021.” REPORT PREPARED/REVIEWED BY:
Robin Eaton, Deputy City Clerk Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ATTACHMENTS:
1. Applications for Andy Lindgren, Ari Krichiver, Carol Mathews, Mark Eskow, Tiamo Wright, Vivian Vos
From:no-reply@ci.wheatridge.co.us
To:Robin Eaton
Subject:Online Form Submittal: Board and Commission Application
Date:Tuesday, June 2, 2020 8:40:20 PM
Board and Commission Application
Application for the appointmentto the
(Board/Commission/Committee):
Planning Commision
Date:6/2/2020
District:1
How long have you been a
resident of Wheat Ridge?
2 years 11 months
Are you a registered voter?Yes
Why are you seeking this
appointment?
I love the city, and would like to do more to help make
it even better.
Do you have experience in this
area?
I served briefly on the Wisconsin Board of Veteran's
Affairs Finance Committee. Have run for public office.
Have you ever served, or are
you currently on a
Board/Commission/Committeeand if so, which one? How long?
not in Colorado. See previous statement.
Are there any conflicts whichwould interfere with regularattendance or duties?
no
First Name Andy
Last Name Lindgren
Address1 3710 Parfet St
Address2 Apt 2
City Wheat Ridge
State Colorado
Zip 80033
7207886263
ATTACHMENT 1
Home Phone
Business Phone Field not completed.
Email Address andy.lindgren74@gmail.com
Your application will be kept on file for one year.
City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge, CO 80033
Email not displaying correctly? View it in your browser.
From:no-reply@ci.wheatridge.co.us
To:Robin Eaton
Subject:Online Form Submittal: Board and Commission Application
Date:Monday, June 1, 2020 2:25:31 PM
Board and Commission Application
Application for the appointmentto the
(Board/Commission/Committee):
Planning Commission
Date:6/1/2020
District:1
How long have you been a
resident of Wheat Ridge?
6 1/2 years
Are you a registered voter?Yes
Why are you seeking this
appointment?
I love living in Wheat Ridge and would like to be
involved in the planning of the future of Wheat Ridge
Do you have experience in this
area?
not specifically
Have you ever served, or are
you currently on a
Board/Commission/Committeeand if so, which one? How long?
no
Are there any conflicts whichwould interfere with regularattendance or duties?
no
First Name Ari
Last Name Krichiver
Address1 3360 Newland Street
Address2 Field not completed.
City Wheat Ridge
State CO
Zip 80033
3035646073
Home Phone
Business Phone Field not completed.
Email Address krichiver@gmail.com
Your application will be kept on file for one year.
City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge, CO 80033
Email not displaying correctly? View it in your browser.
From:no-reply@ci.wheatridge.co.us
To:Robin Eaton
Subject:Online Form Submittal: Board and Commission Application
Date:Friday, June 5, 2020 11:13:39 AM
Board and Commission Application
Application for the appointmentto the
(Board/Commission/Committee):
Mark Eskow
Date:6/5/2020
District:I
How long have you been a
resident of Wheat Ridge?
7
Are you a registered voter?Yes
Why are you seeking this
appointment?
To help our community grow and adapt to new and
changing residential zoning, as well as economical
growth and new ideas.
Do you have experience in this
area?
I am a Wheat Ridge business owner. I engage in
many conversations with the public and hear their
wants and needs.
Have you ever served, or are
you currently on a
Board/Commission/Committee
and if so, which one? How long?
no
Are there any conflicts which
would interfere with regularattendance or duties?
no
First Name Mark
Last Name Eskow
Address1 3275 Newland St
Address2 Field not completed.
City Wheat Ridge
State CO
Zip 80033
Home Phone 7207854170
Business Phone Field not completed.
Email Address markeskow@gmail.com
Your application will be kept on file for one year.
City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge, CO 80033
Email not displaying correctly? View it in your browser.
From:no-reply@ci.wheatridge.co.us
To:Robin Eaton
Subject:Online Form Submittal: Board and Commission Application
Date:Saturday, May 30, 2020 8:30:37 AM
Board and Commission Application
Application for the appointmentto the
(Board/Commission/Committee):
Planning Commission
Date:05/30/2020
District:1
How long have you been a
resident of Wheat Ridge?
4 years
Are you a registered voter?Yes
Why are you seeking this
appointment?
I love our community and want to help it flourish.
Do you have experience in this
area?
I have worked in the past in development in Denver
so have experience through work. I now work in tech
so have since switched paths, but am still very
passionate about it.
Have you ever served, or areyou currently on a
Board/Commission/Committee
and if so, which one? How long?
I am on the Board or Adjustment and this is my
second year. I’m an alternate so I haven’t had a
chance to be fully utilized just yet.
Are there any conflicts which
would interfere with regular
attendance or duties?
No
First Name Tiamo
Last Name Wright
Address1 6340 W 30th Ave
Address2 Field not completed.
City Wheat Ridge
State Co
Zip 80214
Home Phone 720-666-5957
Business Phone Field not completed.
Email Address tiamowright@gmail.com
Your application will be kept on file for one year.
City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge, CO 80033
Email not displaying correctly? View it in your browser.
ITEM NO: DATE: June 22, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 35-2020 - A RESOLUTION
CONDEMNING RACISM
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ City Manager
ISSUE:
As a result of recent tragic events that have occurred across the country, and the sadness expressed by the City of Wheat Ridge's Mayor, City Council, City Manager, Police Department and employees city-wide, the City of Wheat Ridge wishes to approve a resolution condemning racism and hate. The City is committed to safeguarding our community while ensuring that the
Constitutional rights of every person who lives, works and visits our great City are protected.
The City of Wheat Ridge, Colorado stands steadfast with all citizens of Wheat Ridge against racism and reaffirms its commitment to fighting for racial justice and human and civil rights for all.
The Resolution Condemning Racism was drafted by Council Members Hultin, Nosler Beck, and
Dozeman in collaboration with a diversity of community members including participants in the local Wheat Ridge for Equity gatherings, advocates for local Spanish speaking families and other black leaders in Wheat Ridge. It was also informed by stories and statements from the June 16th Community Listening Session and the June 9th community forum with the Wheat Ridge Police
Citizen Advisory Group.
This Resolution is a first step towards identifying necessary actions. Council Member Nosler Beck will begin collaborating immediately with leaders from Wheat Ridge for Equity and other community members to ensure any recommended actions are community led and that they are
5
Council Action Form – Resolution Condemning Racism
June 22, 2020
Page 2 not rushed. Passing this Resolution on June 22nd is a timely response to the numerous requests
for a statement. The next regular business meeting for city council is July 13th which would
delay an official response from the Mayor and City Council by three weeks. PRIOR ACTION: None
FINANCIAL IMPACT:
None
BACKGROUND: None RECOMMENDATIONS:
Staff recommends approval of the Resolution. RECOMMENDED MOTION: “I move to approve Resolution No. 35-2020, a resolution condemning racism.”
Or, “I move to indefinitely postpone Resolution No. 35-2020, a resolution condemning racism, for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 35-2020
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 35
Series of 2020
TITLE: A RESOLUTION CONDEMNING RACISM
WHEREAS, the City of Wheat Ridge, its Mayor, City Council, City Manager,
Chief of Police, the entire Wheat Ridge Police Department and employees city-wide, are deeply saddened by the unnecessary deaths of Black Americans, including the senseless death of George Floyd on May 25, 2020 in Minneapolis, Minnesota; and
WHEREAS, the City of Wheat Ridge affirms that the lives of Black people matter
and the nationwide movement both articulates and brings awareness to the injustices
that exist at the intersections of race, class, and gender including: mass incarceration; police brutality; poverty; unaffordable housing; income disparity; homophobia and transphobia; gender inequality; poor access to health care; and poor access to equitably resourced education and educational opportunities; and
WHEREAS, recent events are a compelling reminder that for the past 400 years, including 150 years since the abolition of slavery in the United States, violent acts and prejudices are perpetrated daily against Black people in our country and in our own community; and
WHEREAS, racism and hate have no place in our City. There is much work to be
done to stop pervasive, long-standing and devastating racial injustices in our
community; and
WHEREAS, we strive to be a community where all mothers, fathers and caregivers can raise their children to feel safe, regardless of the color of their skin and the language they speak. We are committed to safeguarding our community against the
root causes of racism and damages from racism and to protecting the Constitutional rights of every person who lives, works and visits our City; and
WHEREAS, the Wheat Ridge Police Department is a nationally accredited agency and has embraced the six pillars of policing from President Obama’s Task Force on 21st Century Policing including: Procedural Justice, Policy and Oversight,
Technology and Social Media, Community Policing and Crime Reduction, Officer Training and Education and Officer Safety and Wellness; and
WHEREAS, the Wheat Ridge Police Department pledges to work alongside community leaders to understand the steps the Police Department has taken and must take to provide effective public safety, while continuing to earn the trust of the
community they serve; and
ATTACHMENT 1
WHEREAS, this Resolution is an important step towards condemning racism in all its forms and that for true systematic change, it is incumbent on city leaders and
community members to listen with open hearts and minds and to take informed,
meaningful actions.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Wheat Ridge, Colorado stand steadfast with all citizens of Wheat Ridge against racism and reaffirm its commitment to fighting for racial justice and human and civil
rights for all.
DONE AND RESOLVED this 22nd day of June, 2020.
Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
ITEM NO: __ DATE: June 22, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION 36-2020 - A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL EXTENDING THE REQUEST FOR THE WEARING OF FACE COVERINGS IN ALL WHEAT RIDGE BUSINESSES
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
___________________________ ________________________
City Attorney City Manager
ISSUE: City Council approved a resolution on June 1, 2020 requesting customers of all Wheat Ridge
businesses to wear face coverings. That request expires on June 22, 2020. This resolution will
provide for an extension of that request through July 27, 2020.
PRIOR ACTION: At the direction of the City Council, the City Manager issued an order on April 21, 2020
requiring face coverings when entering critical businesses within the City.
On April 27, 2020, by Resolution 26, Series 2020, City Council repealed the City Manager’s April 21 order and replaced the same with an amended and reissued face covering order, which order expired by its terms at midnight on May 30, 2020.
On June 1, 2020, City Council approved Resolution 30, Series 2020 requesting that customers of
all Wheat Ridge businesses wear face coverings, which request expires on June 22, 2020.
FINANCIAL IMPACT: None
6
CAF – Face Covering Request Extension
June 22, 2020
Page 2 BACKGROUND: On March 5, 2020, Jefferson County Public Health confirmed a case of COVID-19 in an out-of-
state visitor to Summit County who was transported to Jefferson County and on March 10, 2020, the first Jefferson County resident tested positive for COVID-19, with two additional cases reported on March 11, 2020, and public health experts anticipated that, due to the contagiousness of the illness, over the coming weeks, Jefferson County would continue to see cases of the virus
and its transmission within the community.
On March 10, 2020, Governor Polis declared a statewide state of emergency in response to COVID-19 and has since then issued a series of executive orders imposing stay at home requirements to slow the spread of the disease, and which orders currently extend until several
dates in May and June.
On April 17, 2020, the Governor issued Executive Order D 2020 039, ordering workers in Critical Businesses and Critical Government functions to wear non-medical face coverings while working, except where doing so would inhibit the individual’s health, and to also wear gloves, to
the extent possible when in contact with customers or goods if gloves are provided to workers by
the employer. On April 26, 2020, the Governor issued Executive Order D 2020 044, introducing the “Safer at Home” phase of slightly relaxed state regulation. That Order, while permitting certain non-
critical businesses to open as of May 1, including personal services (salons, dog grooming,
personal training, etc.), directs the CDPHE to issue restrictions for such businesses similar to the requirements for Critical Retail, and which will include requiring customers to wear face coverings in such personal service establishments.
On May 5, 2020, the City launched a mask distribution program whereby Critical Businesses
were able to submit an online request for a supply of masks. Masks are intended to be handed to
customers to help businesses comply with City Council’s order. City staff have delivered more than 15,000 disposable masks to Wheat Ridge businesses along with bilingual signage and information to help businesses implement the request. Additionally, a supply of cloth masks, donated to the City by the US Conference of Mayors, were donated to businesses for their
employees.
RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to approve Resolution No. 36-2020, a resolution of the Wheat Ridge City Council
extending the request for the wearing of face coverings in all Wheat Ridge businesses through July 27, 2020.” Or,
CAF – Face Covering Request Extension
June 22, 2020
Page 3 “I move to table indefinitely Resolution No. 36-2020, a resolution of the Wheat Ridge City
Council extending the request for the wearing of face coverings in all Wheat Ridge businesses
for the following reason(s) ______________________________________.” REPORT PREPARED BY: Patrick Goff, City Manager
Jerry Dahl, City Attorney
ATTACHMENT 1. Resolution No. 36-2020
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36
SERIES OF 2020
TITLE: A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL EXTENDING THE REQUEST FOR THE WEARING OF FACE COVERINGS IN ALL WHEAT RIDGE BUSINESSES
WHEREAS, on March 10, 2020, the Governor of the State of Colorado declared
a statewide state of emergency in response to coronavirus (COVID-19); and
WHEREAS, the Governor has issued a series of executive orders imposing stay at home requirements to slow the spread of the disease, and which orders currently extend until several dates in June and July, under revised protocols; and
WHEREAS, the Governor’s executive orders have been implemented by public
health orders of the Colorado Department of Public Health and Environment (CDPHE); and
WHEREAS, on April 9, 2020, the CDPHE issued its Fourth Updated Public Health Order 20-24 implementing stay at home requirements; and
WHEREAS, on April 17, 2020, the Governor issued Executive Order D 2020 039,
ordering workers in Critical Businesses and Critical Government functions to wear non-medical face coverings while working, except where doing so would inhibit the individual’s health, and to also wear gloves, to the extent possible when in contact with customers or goods if gloves are provided to workers by the employer; and
WHEREAS, On April 26, 2020, the Governor issued Executive Order D 2020
044, introducing the “Safer at Home” phase of slightly relaxed state regulation. That Order, while permitting certain non-critical businesses to open as of May 1, including personal services (salons, dog grooming, personal training, etc.), directs the CDPHE to issue restrictions for such businesses similar to the requirements for Critical Retail, and
which will include requiring customers to wear face coverings in such personal service
establishments; and
WHEREAS, on May 14, 2020, the Colorado Department of Public Health and Environment issued its Third Amended Public Health Order Health Order 20-28, further defining requirements for face coverings for employees in “critical businesses;” and
WHEREAS, on March 20, 2020, the Wheat Ridge City Council adopted
Resolution No. 16, series 2020 declaring an emergency as a result of the COVID-19 pandemic and granting authority to the City Manager to take necessary enumerated actions to address that pandemic within the City; and
WHEREAS, in the exercise of that authority and at the direction of the City
Council, the City Manager exercised the authority granted by Resolution No. 16 series
ATTACHMENT 1
2020 by issuing an order on April 21, 2020 requiring face coverings when entering critical businesses within the City; and
WHEREAS, by Resolution 26, Series 2020, the City Council repealed the City
Manager’s April 21 order and replaced the same with an amended and reissued face covering order, which order expired by its terms at midnight on May 30, 2020; and
WHEREAS, by Resolution 30, Series 2020, the City Council requested that customers of all Wheat Ridge businesses wear face coverings, which Request expires
by its terms at midnight on June 22, 2020; and
WHEREAS, the City Council wishes to extend the request for face coverings to be worn by persons entering all Wheat Ridge Business; and
WHEREAS, the City Council finds and determines that the adoption of this Resolution is necessary for the promotion of health and the suppression of disease; and
WHEREAS, the City Council further finds and determines that the adoption of
this Resolution is proper under Sections 31-15-401(1)(b), 24-33.5-703(3), and 24-33.5-709, C.R.S., and other applicable law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado:
Section 1. Face Covering Request Extended. The City Council hereby extends
request for face coverings contained in Resolution 30, Series 2020, by enacting the
following Request:
A. All persons entering a Wheat Ridge business are hereby requested to wear
medical or non-medical cloth face coverings, such as to cover their nose and
mouth, when entering any such business and in conducting any interactions
within such business.
B. This Request is necessary to reduce the spread of COVID-19 and protect the
health of essential workers and the residents and visitors of the City. The
Request shall go into effect upon adoption of this Resolution and shall expire at
midnight on July 27, 2020, unless it is earlier terminated or extended.
C. This Order is permitted to be more restrictive than any state-issued stay at home
order or other public health order, as permitted by the Governor's stay at home
orders and associated orders of the Colorado Department of Public Health and
Environment.
D. The Council strongly urges all citizens, for your own health and safety, and for that of the brave citizens who are staffing the grocery stores, pharmacies and other businesses that are so critical to our daily needs, to comply with this
Request. It is only through our collective efforts that we can protect those persons, ourselves and our families. The Council genuinely appreciates your
voluntary cooperation.
Section 2. Effective date. This Resolution shall take effect immediately upon adoption. DONE AND RESOLVED this 22nd day of June 2020.
CITY OF WHEAT RIDGE
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk